The Saskatchewan Employment Act

1 Saskatchewan EMPLOYMENT11 c Saskatchewan Employment ActbeingChapter * of the Statutes of Saskatchewan , 2013 (effective April 29, 2014) as amended by the Statutes of Saskatchewan , 2014, and ; 2015, ; 2016, c 17, 2017, and ; and 2018, and :This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.*NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts.

2 Please refer to the Separate Chapter to obtain consequential amendment details and EMPLOYMENT22c PART IPreliminary Matters1-1 Short title1-2 Interpretation1-3 Crown bound1-4 Responsibilities of minister re ActPART IIEmployment StandardsDIVISION 1 Preliminary Matters for Part2-1 Interpretation of Part2-2 Meaning of permit to work2-3 Application of Part2-4 Responsibilities of minister re PartDIVISION 2 Conditions of EmploymentSubdivision 1 General2-5 No charge for hiring or providing information2-6 Agreements not to deprive employees of benefits of Part2-7 More favourable conditions prevail2-8 Prohibition on discriminatory action2-9 Action to recover wages preserved2-10 Employment deemed continuousSubdivision 2 Hours of Work2-11 Work schedules2-12 Overtime hours not to be required2-13 Required period of rest2-14 Meal breaksSubdivision 3 Obligation to Pay Wages2-15 Total wages2-16 Minimum wage2-17 Overtime pay2-18 Overtime pay after eight hours and 40 hours2-19 Modified work arrangement2-20 Authorization re overtimeSubdivision 4 Discrimination in Pay Prohibited2-21 No discrimination in paySubdivision 5 Special Rules for Certain Firefighters2-22 Regulations re hours and conditions of work for firefightersSubdivision 6 Annual Vacation2-23 Interpretation for Subdivision2-24 Annual vacation periods and common date2-25 Manner of taking vacation2-26 Notice of vacation period2-27 Vacation pay2-28 When public holiday occurs during a vacation2-29 Payment of vacation pay on ending of employmentSubdivision 7 Public Holidays2-30 Public holidays2-31 Substituting another day for a public holiday2-32 Public holiday paySubdivision 8 Payment of Wages2-33 Paydays2-34 Wages to be paid notwithstanding dispute2-35 How wages are paid2-36 Deductions and special clothing2-37 Statement of earnings requiredSubdivision 9 Additional Obligations of Employer2-38 Employer to keep record of wages.

3 Hours worked, Provision of benefits2-40 Protection of employees for illness or injury2-41 Employer must reassign employee or modify employee s duties2-42 Employer not to take discriminatory actionSubdivision 10 General Rules re Employment Leave2-43 Entitlement to apply for Employment leave2-44 Employer to grant Employment leave2-45 Human rights not affected2-46 Notice re Employment leave2-47 Medical evidence2-48 Length of service, rights of recall, benefits and reinstatementSubdivision 11 Employment Leave2-49 Maternity leave2-50 Adoption leave2-51 Parental leave2-52 Organ donation leave2-53 Reserve force service leave2-54 Nomination, candidate and public office leave2-55 Bereavement and compassionate care leave2-56 Compassionate care Interpersonal violence leave2-57 Critically ill child care leave2-58 Crime-related child death or disappearance leave2-59 Citizenship ceremony leaveSubdivision 12 Layoff and Termination2-60 Notice required2-61 Payments in case of layoffs or terminationsTABLE OF CONTENTSSASKATCHEWAN EMPLOYMENT33 c Notice of group termination2-63 Employee notice re terminationDIVISION 3 Priority of Wages2-64 Interpretation of Division2-65 Wages accruing or due to be held in trust2-66 Security interest on wages accruing or due2-67 Employees wages paid if assets of employer are insufficient2-68 Corporate directors liable for wages2-69 Responsibility of certain employers and contractors re wages of subcontractor s employeesDIVISION 4 Demand on Third Party and Moneys Owing to Crown2-70 Demand2-71 Demand re moneys owing by the Crown and

4 Public agencies2-72 How moneys received by the director are to be handled2-73 Dispute of liability of person who received demandDIVISION 5 Wage Assessments, Appeals, Certificates, Collections2-74 Wage assessments2-75 Commencement of appeal to adjudicator2-76 Hearings for certain claims2-77 Director s certificate2-78 Filing certificate in Court of Queen s Bench2-79 Enforcement of judgmentDIVISION 6 GeneralSubdivision 1 Administration2-80 Director of Employment standards2-81 Appointment of Employment standards officers2-82 Written credentials for Employment standards officers2-83 Inspection2-84 Investigations2-85 Fee re wage assessments2-86 Compliance audits and audit fees2-87 Director has standing as representative of employees2-88 Negotiation and settlement by director of Employment standards2-89 Time limits for claims to director of Employment standards2-90 Director of Employment standards to keep records of moneys paid pursuant to this Part2-91 Posting of documents2-92 Enforcement of extraprovincial judgments2-93 Application to set aside filed orders and judgment2-94 The Pension

5 Benefits Act, 1992 to prevailSubdivision 2 Offences and Penalties2-95 Offences2-96 Order to pay wages or deliver records and information2-97 Additional powers of convicting court2-98 Limitation on prosecutionsDIVISION 7 Regulations2-99 Regulations for PartDIVISION 8 Transitional2-100 TransitionalPART IIIO ccupational Health and SafetyDIVISION 1 Preliminary Matters for Part3-1 Interpretation of Part3-2 Responsibilities of minister re PartDIVISION 2 Administration3-3 Appointment of director of occupational health and safety3-4 Appointment of chief occupational medical officer3-5 Appointment of chief mines inspector3-6 Appointment of occupational health officers3-7 Written credentials for occupational health officersDIVISION 3 Duties3-8 General duties of employer3-9 General duties of supervisors3-10 General duties of workers3-11 General duties of self-employed persons3-12 General duties of contractors3-13 General duties of prime contractors at

6 Certain multi-employer worksites3-14 General duties of owners3-15 General duties of suppliers3-16 Duty to provide information3-17 Exemption3-18 Provision of information to medical personnel3-19 Duty to provide occupational health and safety service3-20 Duty to provide occupational health and safety programs3-21 Duty re policy statement on violence and prevention planDIVISION 4 Occupational Health Committees and Occupational Health and Safety Representatives3-22 Establishment of committees3-23 Director may order additional or new occupational health committees3-24 Designation of representativesSASKATCHEWAN EMPLOYMENT44c 3-25 Duty to post names3-26 General concern of committees and representatives3-27 Duties of committees3-28 Duties of representatives3-29 Reference of matters to occupational health officer3-30 Provision of reports by occupational health officerDIVISION 5 Right to Refuse Dangerous Work; Discriminatory Action3-31 Right to refuse dangerous work3-32 Investigation by occupational health officer3-33 Decision of occupational health officer3-34 Other workers not to be assigned3-35 Discriminatory action prohibited3-36 Referral to occupational health officer3-37 Order to reinstate worker wrongfully discriminated againstDIVISION 6 Compliance Undertakings and Notices of Contravention3-38 Compliance undertakings and notices of contravention3-39 Directions to remedy contravention3-40 Contravention involving risk to health or safety3-41 Contravention involving serious risk to health or safety3-42 Copy of compliance undertaking or notice of contravention3-43 Progress report3-44 Reassignment to alternative work3-45 Withdrawals of certain requirements3-46 Notices of contravention that do not take immediate effectDIVISION 7 Workplace Hazardous Materials Information System3-47 Interpretation of Division3-48 Employer s duties re

7 Substances and hazardous products3-49 Information re hazardous product3-50 Exemption from disclosure3-51 Information confidentialDIVISION 8 Appeals3-52 Interpretation of Division3-53 Appeal of occupational health officer decision3-54 Appeals re harassment or discriminatory action3-55 Providing appeal material to adjudicator3-56 Appeal of director s decision to adjudicator3-57 Decisions not stayed by appeals3-58 Discriminatory action during appealDIVISION 9 Medical Examinations and Treatment3-59 Medical examination3-60 Confidentiality3-61 Power to require alternative work3-62 Reports to be provided by physician, hospital, 10 Inspections, Inquiries and Investigations3-63 Inspections3-64 Obtaining information3-65 Report re condition of plant3-66 Requirement to perform tests or examinations3-67 Inquiry3-68 InvestigationsDIVISION 11 Councils, Workers Compensation Board and Director s Decisions3-69 Occupational Health and Safety Council3-70 Duties of Occupational Health and Safety Council3-71 Farm Health and Safety Council3-72 Duties of Farm Health and Safety Council3-73 Certain matters re councils and administration of this Part3-74 Costs of administration of this Part3-75 Forwarding information to Workers Compensation Board3-76 Director s decisions to be posted3-77 Promptness of decisionsDIVISION 12 Offences and Penalties3-78 Offences3-79 Penalties3-80 Onus on accused re duty or requirement3-81 Onus on accused re training of workers3-82 Limitation on prosecutionDIVISION 13 Regulations and Codes of Practice3-83 Regulations for Part3-84 Codes of practice3-85 ExemptionsDIVISION 14 Transitional3-86 TransitionalPART IVAppeals and Hearings re Parts II and III4-1 Adjudicators4-2 Adjudicator duties4-3 Selection of adjudicator4-4 Procedures on appeals4-5 Powers of

8 Adjudicator4-6 Decision of adjudicator4-7 Written decisions4-8 Right to appeal adjudicator s decision to boardSASKATCHEWAN EMPLOYMENT55 c Appeal to Court of Appeal4-10 Right of director to appeal4-11 Power to enforce orders and decisions4-12 Regulations for PartPART VRadiation Health and SafetyDIVISION 1 Preliminary Matters for Part5-1 Interpretation of Part5-2 Responsibilities of minister re PartDIVISION 2 Ionizing Radiation5-3 Establishment and alteration of ionizing radiation installation, installation of ionizing radiation equipment5-4 Statements required re ionizing radiation installations and equipment5-5 Manufacture and use of ionizing radiation equipment and associated apparatus5-6 Qualifications for management, control or operationDIVISION 3 Non ionizing Radiation5-7 Establishment and alteration of non-ionizing radiation installation5-8 Statements required re equipment emitting non-ionizing radiation5-9 Manufacture and use of non-ionizing radiation equipment and associated apparatus5-10 Qualifications for management, control and useDIVISION 4 Matters affecting Ionizing and Non ionizing Radiation5-11 Restrictions on use5-12 Information required5-13 Incidents or hazards5-14 RecordsDIVISION 5 General5-15 Use of certain fluoroscopes prohibited5-16 Radiation health officers, appointment and powers5-17 Inspections5-18 Investigations5-19 Powers of radiation health officer re repairs.

9 Alterations and servicing5-20 Services provided by minister5-21 Radiation Health and Safety Committee5-22 Application of radiation5-23 Offence and penalty5-24 Regulations for Part5-25 Codes of practice5-26 TransitionalPART VILabour RelationsDIVISION 1 Preliminary Matters for Part6-1 Interpretation of Part6-2 Responsibility and powers of minister re Part6-3 Capacity of unionsDIVISION 2 Rights, Duties, Obligations and Prohibitions6-4 Right to form and join a union and to be a member of a union6-5 Coercion and intimidation prohibited6-6 Certain actions against employees prohibited6-7 Good faith bargaining6-8 Board order re religious objectionsDIVISION 3 Acquisition and Termination of Bargaining Rights6-9 Acquisition of bargaining rights6-10 Change in union representation6-11 Determination of bargaining unit6-12 Representation vote6-13 Certification order6-14 Application to cancel certification order union ceases to be a union6-15 Application to cancel certification order unfair labour practice6-16 Application to cancel certification order abandonment6-17 Application to cancel certification order loss of supportDIVISION 4 Successor Rights and Obligations6-18 Transfer of obligations6-19 Effect of business becoming subject to Saskatchewan laws6-20 Board may declare related businesses to be one employer6-21 Successor

10 UnionDIVISION 5 Votes6-22 Votes by secret ballot6-23 Voting requirementsDIVISION 6 Collective Bargaining6-24 Commencing collective bargaining first agreement6-25 Assistance re first collective agreement6-26 Commencing collective bargaining renewal or revisionDIVISION 7 Assistance in Bargaining6-27 Appointment of labour relations officer6-28 Special mediator6-29 Conciliation boardSASKATCHEWAN EMPLOYMENT66c DIVISION 8 Strikes and Lockouts6-30 Lockouts and strikes prohibited during term of collective agreement6-31 Bargaining required before strike vote or lockout6-32 Strike vote required6-33 Notice of impasse and mediation or conciliation required before strike or lockout6-34 Notice re strikes or lockouts6-35 Vote on employer s last offer6-36 Benefits during strike or lockout6-37 Reinstatement of employees after strike or lockoutDIVISION 9 Collective AgreementsSubdivision 1 Ratification of and Length of Collective Agreements6-38 Ratification vote6-39 Period for which collective agreements remain in force6-40 Authority of board to vary expiry dates in certain circumstancesSubdivision 2 General Matters6-41 Parties bound by collective agreement6-42 U