Document name
Coverage – Offenders in Work-Based Programs
Document number
PRO 20/2014

Effective date: March 1, 2015

Application: All offenders in work-related programs sponsored by Justice.

Policy subject: Employer coverage and registration

Purpose:

To provide coverage to offenders participating in work-based programs.

BACKGROUND

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  1. POL 20/2014, Coverage – Offenders in Work-Based Programs, and the Memorandum of Understanding (MOU) between the Workers’ Compensation Board (WCB) and the Ministry of Justice and Attorney General (Justice) specify the circumstances under which offenders will be covered by the WCB when participating in work-based programs sponsored, in whole or in part, by Justice.
  2. This procedure provides the guidelines and responsibilities for when an injury claim for an offender participating in a work-based program is received by the WCB.

PROCEDURE

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  1. Justice will be designated as the employer for offenders participating in work-based programs offered by authorized agencies of Justice.
  2. Justice shall:
    1. Approve work-based programs.
    2. Ensure the maintenance of records of offenders.
    3. Obtain information required by the WCB to confirm the eligibility of an offender for whom a claim is submitted to the WCB.
    4. Set up and maintain procedures satisfactory to the WCB for the submission of claims in respect of offenders.
    5. See that workplace injuries involving offenders are reported to the WCB, and
    6. Bear the sole responsibility for communicating the terms, conditions and responsibilities under the MOU to all entities that will provide work-based programs to offenders.
  3. Justice must hold a signed Work-Based Programs Consent and Agreement for all participating offenders.
  4. If any injury is sustained during participation in a work-based program in a correctional facility, there are no benefits payable while the offender is incarcerated. Benefits may become payable upon the offender’s release from the correctional facility based on medical confirmation of the work-related injury.
  5. Claims costs will be applied to the cost experience of Justice and the cost of extending coverage to eligible offenders will be reflected in the premiums charged to the Government of Saskatchewan.
  6. If an offender works for an employer who pays them an actual salary, then the offender is considered a worker of that employer and claim costs will be charged to the employer’s claims experience.
  7. If applicable, WCB staff will facilitate and assist the injured worker’s return to work.
  8. Confirmation of coverage for claims involving offenders participating in work-based programs sponsored by Justice will be made by Employer Services.

Attachments

Attachments

Policy references

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Legislative Authority

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The Workers’ Compensation Act, 2013

2(1)(ii), 3, 20, and 80; Criminal Code of Canada 717(1); Youth Criminal Justice Act 10; The Correctional Services Act 2

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Document History

Page/document title
Consent and Agreement Form Updated 01 June 2016

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Complements

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