Document name
Coverage – Students in Work-Based Learning Assignments
Document number
POL 12/2012

Effective date: January 1, 2013

Approved date: November 14, 2012

Application: Applies to all bona fide students participating in approved work-based learning programs sponsored by the Ministry of Education or the Ministry of Advanced Education.

Policy subject: Employer coverage and registration

Purpose:

To define circumstances for providing coverage to students in work-based learning assignments.

DEFINITION

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Bona fide student means an individual who is engaged in a work-based learning assignment and who is registered with:

  • The Students Records Unit of the Ministry of Education, if the course is offered by a school
  • A post-secondary institution, if the course is offered by that institution, or
  • The Ministry of Advanced Education (formerly Saskatchewan Advanced Education and Employment), if the course is offered by a community-based organization (CBO).

Work-Based Learning Assignment, as per the Memorandum of Understanding (MOU) between the Workers’ Compensation Board (WCB) and the Ministry of Education, means a secondary level course that includes a work placement component which:

  • Is offered by a school defined in the MOU between the WCB and the Ministry of Education.
  • Provides for students to be engaged with an employer without pay for a minimum of 25 hours in the performance of work normally undertaken by the employer,  and
  • Is either approved by and/or is partially or totally funded by the Ministry of Education, but 
    shall not include those components of a course which take place outside of Saskatchewan.

Work-Based Learning Assignment, as per the MOU between the WCB and the Ministry of Advanced Education, means a course or component of a course which:

  • Is offered by a post-secondary institution or community-based organization defined in the MOU between the WCB and the Ministry of Advanced Education.
  • Provides for students to be engaged with an employer without pay for more than one day in the performance of work normally undertaken by the employer, and
  • Is either approved by and/or is partially or totally funded by the Ministry of Advanced Education, but 
    shall not include those components of a course which take place outside of Saskatchewan.

Community-Based Organization (CBO) means an organization recognized by the Ministry of Advanced Education that delivers training or employment services for no profit.

School means a school listed in Schedule “A” - Schools as updated from time to time by the Ministry of Education.

Post-secondary Institution means a post-secondary educational institution listed in Schedule B – Post-Secondary Institutions and Schedule C – Extra Provincial Post-Secondary Institutions as updated from time to time by the Ministry of Advanced Education.

BACKGROUND

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Historically the WCB has extended coverage to students in work-based learning assignments under agreements with the Ministry of Education and the Ministry of Advanced Education. Presently, the Ministry of Education is responsible for Kindergarten to Grade 12 (K-12) education and the Ministry of Advanced Education is responsible for post-secondary and CBO programs.

POLICY

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  1. Subject to this policy and the MOUs executed between the WCB and each education ministry, coverage under The Workers’ Compensation Act, 2013 (the “Act”) is extended to those bona fide students participating in a work-based learning assignment that is sponsored in whole or in part, by the Ministry of Education or the Ministry of Advanced Education.
  2. Under the authority of Section 3 of the Act, the WCB deems bona fide students to be workers while in the course of completing a work-based learning assignment.
  3. Under Section 20(2)(b) and 20(2)(i) of the Act, the WCB deems bona fide students sponsored by the Ministry of Education or the Ministry of Advanced Education to be in the course of employment.

Terms and Conditions

  1. To be covered by the Act, bona fide students will be considered workers of the Ministry of Education or the Ministry of Advanced Education while in the course of completing a work-based learning assignment with an employer covered under the Act.
  2. Coverage is not extended to students who attend “Take Your Kids to Work” or any other job-shadowing or similar type of program.
  3. Coverage is not provided for an injury occurring on the education institution’s premises unless the injury arises out of and in the course of a work-based learning assignment, as defined by this policy and outlined in the MOUs with the Ministry of Education or the Ministry of Advanced Education.
  4. No payment of loss of earnings will be made during a school term or a training period unless actual loss of earnings is demonstrated.
  5. If there is loss of earnings between school terms or following termination of schooling, the calculation of wage loss benefits for any claims arising out of this policy will be based on:
    1. All earnings from a bona fide student’s employment in industries covered by the Act;
    2. Where there are no covered earnings, the provincial minimum wage for a forty- hour workweek for the first 24 months of demonstrated earnings loss;
    3. After wage loss benefits have been paid for a period of 24 consecutive months, two-thirds of the average weekly wage as of June in the year immediately preceding the year in which the loss of earnings or ability to earn occurs; or
    4. In the event of a fatality, benefits to dependents will be based on the provisions of the Act.
  6. Any claim costs arising out of this policy are to be applied directly to the cost experience of the Ministry of Education or the Ministry of Advanced Education and will be reflected in the premiums charged to the Government of Saskatchewan.
  7. The Chief Executive Officer (CEO) or designate shall have the authority to execute the MOUs on behalf of the WCB.

Attachments

Attachments

Page/document title
Ministry of Education

Page/document title
Ministry of Advanced Education

Policy references

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Section heading

Effective Date

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Ministry of Education – January 1, 2013
Ministry of Advanced Education – April 19, 2007

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Legislative Authority

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The Workers’ Compensation Act, 2013
Sections 2(1)(l), 2(1)(ii), 3, 20, and 80

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Document History

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(1) January 1, 2014. References updated in accordance with The Workers’ Compensation Act, 2013.
(2) POL 06/2007 and PRO 06/2007, Coverage – Students in Work-Based Learning Assignments (Saskatchewan Learning effective May 12, 2006 to December 31, 2012; Saskatchewan Advanced Education and Employment effective April 19, 2007).
(3) POL 07/2006 and PRO 07/2006, Coverage – Students in Work Based Learning Assignments (effective November 1, 2006 to May 11, 2006 for Saskatchewan Learning and April 18, 2007 for Saskatchewan Advanced Education and Employment).
(4) POL 08/2004 and PRO 08/2004, Coverage – Students in Work Based Learning Assignments (effective October 1, 2004 to October 31, 2006).
(5) POL 15/1994, Act Coverage for Students Placed in Work Training Assignments by Saskatchewan Education, Training and Employment (effective July 13, 1994 to September 30, 2004).
POL 17/1989, Act Coverage for Students Placed in Work Training Assignments by Saskatchewan Education (effective October 10, 1989 to July 12, 1994).

Section heading

Complements

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