Saskatchewan Labour Laws Get a Makeover

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https://nimonikapp.com/ehs_legal_updates/5602-repealed-and-replaced-occupational-health-and-safety-act-1993-and-the-labour-standards-act-saskatchewan

Repealed and Replaced: Occupational Health and Safety Act, 1993 and the Labour Standards Act

On May 1, 2014 the Occupational Health and Safety Act, 1993 (SS1993,cO-1.1) (“the repealed Act”) was repealed and replaced by the Saskatchewan Employment Act (SS2014,cS-15.1) (“the new Act”). The new Act incorporates 12 pieces of legislation related to employment standards, including occupational health and safety issues into one, consolidated Act. However, the Occupational Health and Safety Regulations, 1996 (RRScO-1.1.Reg1) and the Mines Regulations (RRScO-1.1Reg2) are enabled and will continue to apply under the new Act. Notable aspects of the new Act may be summarized as follows:

  • Part (pt.) pt.II entitled Employment Standards, sets specific conditions for hours of work, wages and time for leave.

  • pt.III – pt.V cover occupational health and safety (“OHS”) issues. Specifically, division 3 outlines the duties of an employer, worker, self-employed persons, contractors, prime contractors, suppliers and owners. Sections 3-18 outlines duties related to OHS services and sections 3-20 outline requirements for OHS programs. Division 4 prescribes OHS committees for those workplaces with ten or more employees. Division 5 outlines the terms and conditions under which workers may refuse unsafe work. Both division 6 and division 12 determine how the Act may be enforced. A notable change from the repealed Act is an increase in penalties from up to CAD $500,00 for individuals and CAD $1.5 million for corporations. Finally, division 7 prescribes how WHIMIS programs would be implemented in workplaces.

  • Significant changes have been made for procedures related to labour relations. New requirements, terms and conditions may be found under Part VI of the new Act.

To accommodate the new Act, the following notable Acts and Regulations have been repealed:

To consult with background material, as prepared by the Government of Saskatchewan, please click here.

To read the new Act, as published by the Legislative Assembly of Saskatchewan, please click here.

The new Act is in force as of April 29, 2014.

https://nimonikapp.com/ehs_legal_updates/5604-new-regulations-employment-standards-regulations-saskatchewan

New Regulations:  Employment Standards Regulations

On May 2, 2014 a new regulation was enacted under the Saskatchewan Employment Act (SS2014,cS-15.1). Entitled the Employment Standards Regulations (RRScL-15.1.Reg5) (“the new Regulations”), it repeals and replaces the Labour Standards Regulations, 1995 (RRScL-1.Reg5). The aim of the new Regulations are to set general requirements regarding human resource issues in workplaces. Notable parts (pt.) of the new Regulations may be summarized as follows:

  • pt.II sets standards for the working conditions of firefighters.

  • pt.III gives employers and employees the right to enter into agreements to allow for flexible working hours.

  • pt.IV gives the conditions under which employees may continue to participate in benefit plans while taking certain prescribed leaves.

  • pt.V prescribes sums of money to be paid during public holidays

  • pt.VI establishes the responsibilities of employers and employees in termination and lay-off situations.

To read the new Regulations, as published in the Saskatchewan Gazette, please click here.

The new Regulations come into force on May 1, 2014.

https://nimonikapp.com/ehs_legal_updates/5603-new-regulation-the-occupational-health-and-safety-prime-contractor-regulations-saskatchewan

New Regulation:  The Occupational Health and Safety (Prime Contractor) Regulations

On May 2, 2014, a new Regulation was enacted under the Saskatchewan Employment Act (SS2014,cS-15.1). Entitled the Occupational Health and Safety (Prime Contractor) Regulations (RRScC-15.1.Reg2) (“the new Regulations”) establish the conditions by which prime contractors are required on a work-site. Specifically,

  • Section 3 requires prime contractors on work-sites with ten or more workers and where these workers are directed by two or more employers. These conditions will be enforced for those in the forestry, construction and oil and gas industry.

  • Section 4 designates the owner of a work-site as the “prime contractor” where no written agreement is in place.

  • Finally, section 5 outlines the duties and responsibilities of the primary contractor. The majority of these duties relate to occupational health safety responsibilities, including: ensuring the coordination of health and safety activities as well as appropriate safe policies and practices. Notably, primary contractors are also responsible for the identification and communication of work site hazards.

To consult with background material on the new Regulations, as published by the Government of Saskatchewan, please click here.

To read the new Regulations, as published in the Saskatchewan Gazette, please click here.

The new Regulations come into force on January 1, 2015.