Document name
Coverage – Students in Work Experience Programs
Document number
POL 06/2022

Effective date: July 1, 2021

Application: Applies to all students participating in approved work experience programs sponsored by the Ministries of Education, Advanced Education, or Immigration and Career Training.

Policy subject: Employer coverage and registration

Purpose:

To define circumstances for providing coverage to students in work experience programs.

DEFINITION

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Community-Based Organization (CBO), also referred to as career services funded organization, means an organization recognized by the Ministry of Immigration and Career Training that delivers training or employment services for no profit.

Host organization means the organization (private, public, non-profit, agency, business, or association, etc.) at which a participating student undertakes a work experience program.

Participating student means an individual who is engaged in an unpaid work experience program 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 Immigration and Career Training, if the course is offered by a CBO.

A student is considered unpaid even if they receive payments, such as an allowance or stipend for training or social assistance issued on a T4A or T5, as these are not considered employment earnings.

Work experience program, also referred to as work-integrated learning assignment, means a program, course, or component of a course offered by a learning institution or a CBO, where participating students work without pay for a host organization for the purpose of learning and gaining work experience.

BACKGROUND

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  1. The Workers’ Compensation Act, 2013 (the “Act”), considers learners as workers (Sections 2(ii), 3, 20(2)(i)).
  2. The Memorandums of Understanding (MOUs) executed between the Workers’ Compensation Board (WCB) and the Ministries of Education, and Immigration and Career Training, and the Agreement between WCB and the Ministry of Advanced Education, extend coverage to students participating in work experience programs partially or totally funded by:
    1. The Ministry of Education for Kindergarten to Grade 12 (K-12) education.
    2. The Ministry of Advanced Education for post-secondary programs, and
    3. The Ministry of Immigration Career Training for CBO programs (previously funded by Ministry of Advanced Education). 
       

POLICY

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1. Participating students will be considered workers of the Ministry of Education, the Ministry of Advanced Education, or the Ministry of Immigration and Career Training while in the course of completing a work experience program with a host organization covered under the Act.

2. Coverage is not extended to students who:

  1. Attend “Take Your Kids to Work” or any other job-shadowing or similar type of program.
  2.  Are injured at the learning institution’s premises, unless the injury arises out of and in the course of a work experience (i.e., while the student is performing activities consistent with and required for, or reasonably related to, their work experience).
  3. Participate in work experience programs which take place outside of Saskatchewan.
  4. Participate in work experience programs in an industry or occupation excluded under the Act, unless the host organization has applied for voluntary coverage.

3. The Chief Executive Officer (CEO) or designate has the authority to execute the MOUs on behalf of the WCB.

Secondary Education

4. The Memorandum of Understanding (MOU) between the WCB and the Ministry of Education covers students participating in a work experience program:

  1. Offered by a school listed in Schedule A – Schools.
  2. Providing for students to be engaged with a host organization without pay for a minimum of 25 hours in the performance of work normally undertaken by the host organization, and
  3. Either approved by and/or is partially or totally funded by the Ministry of Education.

Post-Secondary Education

5. The Agreement between the WCB and the Ministry of Advanced Education covers students participating in a work experience program:

  1. Offered by a post-secondary institution listed in Schedule B – Post-Secondary Institutions and Schedule C – Out-of-Province Post-Secondary Institutions. 
  2. Providing for students to be engaged with a host organization without pay for more than one day in the performance of work normally undertaken by the host organization, and 
  3. Either approved by and/or is partially or totally funded by the Ministry of Advanced Education.

Programs Offered by CBOs

6. The MOU between the WCB and the Ministry of Immigration and Career Training covers individuals participating in a work experience program:

  1. Offered by a community-based organization considered an employer within an industry covered under the Act. 
  2. Provides for students to be engaged with a host organization without pay for more than one day in the performance of work normally undertaken by the host organization, and 
  3. Either approved by and/or is partially or totally funded by the Ministry of Immigration and Career Training.

Injury Claims

7. No payment of loss of earnings will be made during a school term or a training period unless actual loss of earnings is demonstrated.

8. 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 participating student’s employment in industries covered by the Act;
  2. If 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.

9. Claim costs for participating students will be charged to the Government of Saskatchewan and ministries’ industry rate code.

Other Considerations

10. Students who are not covered through the Government of Saskatchewan and are paid with assessable earnings as defined in POL 24/2010, Assessable Earnings, will be covered as workers through their Saskatchewan employer. This includes:

  1. Out-of-province students participating in work experience programs in Saskatchewan.
  2. Saskatchewan-based students enrolled in institutions not listed in Schedules A, B. and C, who are participating in work experience programs in Saskatchewan.

Attachments

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Page/document title
Ministry of Education

Page/document title
Ministry of Advanced Education

Policy references

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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) POL 12/2012, Coverage – Students in Work-Based Learning Assignments (effective January 1, 2013 to September 18, 2021).
(2) November 10, 2014. Policy and procedure review completed.
(3) January 1, 2014. References updated in accordance with The Workers’ Compensation Act, 2013.
(4) 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).
(5) 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).
(6) POL 08/2004 and PRO 08/2004, Coverage – Students in Work Based Learning Assignments (effective October 1, 2004 to October 31, 2006).
(7) 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).
(8) POL 17/1989, Act Coverage for Students Placed in Work Training Assignments by Saskatchewan Education (effective October 10, 1989 to July 12, 1994).

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Complements

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