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Bill27-85 - The Saskatchewan Employment Act

Bill27-85 - The Saskatchewan Employment Act

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Published by BC Teacher Info
An Act respecting Employment Standards, Occupational Health and Safety, Labour Relations and Related Matters and making consequential amendments to certain Acts
An Act respecting Employment Standards, Occupational Health and Safety, Labour Relations and Related Matters and making consequential amendments to certain Acts

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Published by: BC Teacher Info on May 15, 2013
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05/15/2013

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SASKATCHEWAN EMPLOYMENT1
B I L L
No.85 An Act respecting Employment Standards, Occupational Health and Safety,Labour Relations and Related Matters and making consequentialamendments to certain Acts
TABLE OF CONTENTS
PART I
Preliminary Matters
1-1Short title1-2Interpretation1-3Crown boundPART II
Employment Standards
DIVISION 1
Preliminary Matters for Part
2-1Interpretation of Part2-2Meaning of permit to work2-3Application of Part2-4Responsibilities of minister re PartDIVISION 2
Conditions of Employment
 Subdivision 1
General
2-5No charge for hiring or providing information2-6Agreements not to deprive employees of benefits of Part2-7More favourable conditions prevail2-8Prohibition on discriminatory action2-9Action to recover wages preserved2-10Employment deemed continuous
 Subdivision 2
 Hours of Work
2-11Work schedules2-12Overtime hours not to be required2-13Required period of rest2-14Meal breaks
 Subdivision 3
Obligation to Pay Wages
2-15Total wages2-16Minimum wage2-17Overtime pay2-18Overtime pay after eight hours and 40 hours2-19Modified work arrangement2-20Authorization re overtime
 Subdivision 4
 Discrimination in Pay Prohibited
2-21No discrimination in pay
 Subdivision 5
Special Rules for Certain Firefighters
2-22Regulations re hours and conditions of workfor firefighters
 Subdivision 6
 Annual Vacation
2-23Interpretation for Subdivision2-24Annual vacation periods and common date2-25Manner of taking vacation2-26Notice of vacation period2-27Vacation pay2-28When public holiday occurs during a vacation2-29Payment of vacation pay on ending of employment
 Subdivision 7 
 Public Holidays
2-30Public holidays2-31Substituting another day for a public holiday2-32Public holiday pay
 Subdivision 8
 Payment of Wages
2-33Paydays2-34Wages to be paid notwithstanding dispute2-35How wages are paid2-36Deductions and special clothing2-37Statement of earnings required
 Subdivision 9
 Additional Obligations of Employer 
2-38Employer to keep record of wages, hoursworked, etc.2-39Provision of benefits2-40Protection of employees for illness or injury2-41Employer must reassign employee or modifyemployee’s duties2-42Employer not to take discriminatory action
 Subdivision 10
General Rules re Employment Leave
2-43Entitlement to apply for employment leave2-44Employer to grant employment leave2-45Human rights not affected2-46Notice re employment leave2-47Medical evidence2-48Length of service, rights of recall, benefits andreinstatement
 
SASKATCHEWAN EMPLOYMENT2
 Subdivision 11
 Employment Leave
2-49Maternity leave2-50Adoption leave2-51Parental leave2-52Organ donation leave2-53Reserve force service leave2-54Nomination, candidate and public office leave2-55Bereavement and compassionate care leave2-56Citizenship ceremony leave
 Subdivision 12
 Layoff and Termination
2-57Notice required2-58Payments in case of layoffs or terminations2-59Notice of group terminationDIVISION 3
Priority of Wages
2-60Interpretation of Division2-61Wages accruing or due to be held in trust2-62Security interest on wages accruing or due2-63Employees wages paid if assets oemployer are insufficient2-64Corporate directors liable for wages2-65Responsibility of certain employers andcontractors re wages of subcontractor’semployeesDIVISION 4
Demand on Third Party and MoneysOwing to Crown
2-66Demand2-67Demand re moneys owing by the Crown andpublic agencies2-68How moneys received by the director are to behandled2-69Dispute of liability of person who receiveddemandDIVISION 5
Wage Assessments, Appeals,Certificates, Collections
2-70Wage assessments2-71Commencement of appeal to adjudicator2-72Hearings for certain claims2-73Director’s certificate2-74Filing certificate in Court of Queen’s Bench2-75Enforcement of judgmentDIVISION 6
General
 Subdivision 1
 Administration
2-76Director of employment standards2-77Appointment of employment standards officers2-78Written credentials for employment standardsofficers2-79Inspection2-80Investigations2-81Fee re wage assessments2-82Compliance audits and audit fees2-83Director has standing as representative of employees2-84Negotiation and settlement by director of employment standards2-85Time limits for claims to director of employment standards2-86Director of employment standards to keeprecords of moneys paid pursuant to this Part2-87Posting of documents2-88Enforcement of extraprovincial judgments2-89Application to set aside filed orders and judgment2-90
The Pension Benefits Act, 1992
to prevail
 Subdivision 2
Offences and Penalties
2-91Offences2-92Order to pay wages or deliver records andinformation2-93Additional powers of convicting court2-94Limitation on prosecutionsDIVISION 7
Regulations
2-95Regulations for PartDIVISION 8
Transitional
2-96TransitionalPART III
Occupational Health and Safety
DIVISION 1
Preliminary Matters for Part
3-1Interpretation of Part3-2Responsibilities of minister re PartDIVISION 2
 Administration
3-3Appointment of director of occupational healthand safety3-4Appointment of chief occupational medicalofficer3-5Appointment of chief mines inspector3-6Appointment of occupational health officers3-7Written credentials for occupational healthofficersDIVISION 3
Duties
3-8General duties of employer3-9General duties of supervisors3-10General duties of workers3-11General duties of self-employed persons3-12General duties of contractors3-13General duties of prime contractors at certainmulti-employer worksites3-14General duties of owners3-15General duties of suppliers3-16Duty to provide information3-17Exemption3-18Provision of information to medical personnel3-19Duty to provide occupational health andsafety service3-20Duty to provide occupational health andsafety programs3-21Duty re policy statement on violence andprevention plan
 
SASKATCHEWAN EMPLOYMENT3
DIVISION 4
Occupational Health Committees andOccupational Health and SafetyRepresentatives
3-22Establishment of committees3-23Director may order additional or newoccupational health committees3-24Designation of representatives3-25Duty to post names3-26General concern of committees andrepresentatives3-27Duties of committees3-28Duties of representatives3-29Reference of matters to occupational healthofficer3-30Provision of reports by occupational healthofficerDIVISION 5
Right to Refuse Dangerous Work;Discriminatory Action
3-31Right to refuse dangerous work3-32Investigation by occupational health officer3-33Decision of occupational health officer3-34Other workers not to be assigned3-35Discriminatory action prohibited3-36Referral to occupational health officer3-37Order to reinstate worker wrongfullydiscriminated againstDIVISION 6
Compliance Undertakings andNotices of Contravention
3-38Compliance undertakings and notices of contravention3-39Directions to remedy contravention3-40Contravention involving risk to healthor safety3-41Contravention involving serious risk to healthor safety3-42Copy of compliance undertaking or notice of contravention3-43Progress report3-44Reassignment to alternative work3-45Withdrawals of certain requirements3-46Notices of contravention that do not takeimmediate effectDIVISION 7
Workplace Hazardous MaterialsInformation System
3-47Interpretation of Division3-48Employer’s duties re substances andcontrolled products3-49Information re controlled product3-50Exemption from disclosure3-51Information confidentialDIVISION 8
 Appeals
3-52Interpretation of Division3-53Appeal of occupational health officer decision3-54Appeals re harassment or discriminatoryaction3-55Providing appeal material to adjudicator3-56Appeal of director’s decision to adjudicator3-57Decisions not stayed by appeals3-58Discriminatory action during appealDIVISION 9
Medical Examinations and Treatment
3-59Medical examination3-60Confidentiality3-61Power to require alternative work3-62Reports to be provided by physician,hospital, etc.DIVISION 10
Inspections, Inquiriesand Investigations
3-63Inspections3-64Obtaining information3-65Report re condition of plant3-66Requirement to perform tests or examinations3-67Inquiry3-68InvestigationsDIVISION 11
Councils, Workers’ Compensation Boardand Director’s Decisions
3-69Occupational Health and Safety Council3-70Duties of Occupational Health and SafetyCouncil3-71Farm Health and Safety Council3-72Duties of Farm Health and Safety Council3-73Certain matters re councils andadministration of this Part3-74Costs of administration of this Part3-75Forwarding information to Workers’Compensation Board3-76Director’s decisions to be posted3-77Promptness of decisionsDIVISION 12
Offences and Penalties
3-78Offences3-79Penalties3-80Onus on accused re duty or requirement3-81Onus on accused re training of workers3-82Limitation on prosecutionDIVISION 13
Regulations and Codes of Practice
3-83Regulations for Part3-84Codes of practice3-85ExemptionsDIVISION 14
Transitional
3-86TransitionalPART IV 
 Appeals and Hearings reParts II and III
4-1Adjudicators4-2Adjudicator—duties4-3Selection of adjudicator4-4Procedures on appeals4-5Powers of adjudicator4-6Decision of adjudicator4-7Written decisions4-8Right to appeal adjudicator’s decision to board4-9Appeal to Court of Appeal4-10Right of director to appeal4-11Power to enforce orders and decisions

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