Saskatchewan announces amendments to Employment Act

The Government of Saskatchewan introduced amendments to The Saskatchewan Employment Act on November 3, 2022, that are primarily focused on occupational health and safety provisions within Part III of the Act.

Features of the amendments include:

Definition of a worker:

• The definition of a worker is being clarified and will include secondary and post-secondary students. This amendment will ensure that students who are permitted to work, or who are being trained by an employer, are covered by the provisions in Part III of the Act. (section 3-1).

Harassment investigations by employers:

• The amendment will clarify the employer’s responsibility to ensure that incidents of harassment are investigated (section 3-21.1).

Violence policy:

• A new requirement will require all workplaces to have a violence policy in place that will also apply to students, volunteers and contract workers. Currently only prescribed workplaces are required to have a policy and prevention plan. All workplaces will also be required to have a violence prevention plan and investigate all incidents of violence in the workplace (sections 3-8 to 3-10 and 3-21).

Photos and recordings during a workplace inspection:

• Amendments clarify the authority of occupational health officers to take photographs or recordings during a workplace inspection. This will ensure transparency around the activity and brings Saskatchewan in line with other jurisdictions in Canada.

• Officers must ensure that privacy of information, materials, and individuals are maintained (section 3-63).

Nominees in an investigation interview:

• Currently when officers are conducting an interview, the person being questioned can nominate another person to be present. The regulation will be amended to give an officer who is conducting an investigation interview the right to exclude a nominee if there is a perceived conflict. The person being interviewed would be able to select another nominee to be present (section 3-67), helping to ensure the investigation process is not influenced by third parties.

Housekeeping and general amendments:

• Housekeeping and general amendments necessary to keep the legislation relevant and aligned with other legislative requirements.