SK Passes Regulations on Mandatory Vaccination Policies for Public Employers

On September 22, 2021, the Government of Saskatchewan published regulations that provide details on how it will implement its COVID-19 vaccination policy for public employers.

The Saskatchewan Government published The Public Employers’ COVID-19 Emergency Regulations (the “Regulations”)  following its announcement on September 16, 2021 that provided information regarding a vaccination policy for all public employers effective October 1, 2021, or when filed. The Regulations apply to all public employers including the Government of Saskatchewan and Crown corporations within the meaning of The Crown Corporation Act, 1993, among other public employers.

Effective October 1, 2021, the Regulations require employees of public employers to be fully-vaccinated. If the public employer requests it, the employee must provide proof of vaccination status or provide a valid negative COVID-19 test result to the employer at least every seven days.

The Regulations state that any employee required to provide a negative COVID-19 test result is responsible for taking the COVID-19 test during non-work hours and that the employee must pay for any costs associated with taking a COVID-19 test.

Employees can provide any of the following tests administered at a testing site approved by the Minister of Health:

  • a polymerase chain reaction (PCR) test;
  • a point-of-care antigen test (commonly referred to as a rapid test); and
  • any other test for SARS-CoV-2 approved by the Minister of Health.

Please note that the Regulations only apply to public employers. Private employers who plan to implement a vaccination policy should consider the legal implications prior to doing so. The MLT Aikins labour and employment would be pleased to help your organization with implementing a vaccination policy.

Upcoming Webinar

How can employers ask employees to disclose their vaccination status while managing privacy law obligations? Learn more about the types of vaccination policies employers in Saskatchewan are using. Register for this webinar before October 4.

Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.