Coverage within Saskatchewan – Out of Province Employers
Effective date: August 1, 2002
Application: All employers based outside of Saskatchewan who carry on or undertake to carry on activities in Saskatchewan
Policy subject: Employer coverage and registration
Outlines the responsibilities of all parties with respect to registration and payment of premiums.
- The Board has approved policy guidelines outlining the criteria under which out-of-province employers contracted for services by a principal in a Saskatchewan industry are required to register with the Saskatchewan Workers' Compensation Board (the "Board").
- The following procedure outlines the responsibilities of all parties with respect to registration and payment of premiums.
- Clear concise documentation will be filed outlining the information obtained and decision process used to arrive at a determination as to whether an out-of-province employer is required to register with the Board.
- As per Point 1 of the policy, a "place of business" includes but is not limited to:
- a permanent facility or structure
- a rented facility or structure
- oil wells
- offices on construction sites,
- private residence, when used for business.
- Where it has been determined that an out-of-province employer is required to register, a Letter of Good Standing must be obtained by the principal from the Board indicating that the out-of-province employer is registered and the account is in good standing. A Clearance Letter must be obtained by the principal when the job is completed and prior to releasing final payment for services, to ensure the account is paid in full.
- Where a registered out-of-province employer defaults on premiums payable with respect to the work being carried out in a Saskatchewan industry, the principal will be personally liable to pay the premium on the labour portion of that contract. The penalties and remedies available under The Workers' Compensation Act, 2013 (the "Act") and the Workers' Compensation General Regulations, 1985 (the "General Regulations") will apply.
- Where registration is not mandatory, applicants will be advised that they will not be regarded as workers under the Saskatchewan Act and therefore, must ensure that coverage is extended by the resident jurisdiction while work is being conducted in Saskatchewan, unless:
- the Saskatchewan principal becomes responsible for the premiums payable to the Board, or
- the out-of-province employer elects voluntary coverage with the Saskatchewan Board.
- If neither 5(a) or (b) is the case, the out-of-province employer must provide a letter to the principal from the resident jurisdiction confirming the employer is in good standing and that coverage has been extended while work is being conducted in Saskatchewan. As notification to the Board, a copy of the letter must be submitted with the principal’s payroll report to avoid further assessment in Saskatchewan. It is important to note that even where a non-resident worker receives coverage under the resident jurisdiction, Saskatchewan principals are not protected from legal action commenced by an out-of-province worker in the event of a work-related injury.
- Independent workers (with no employees) performing services for a principal in a Saskatchewan industry who demonstrate multiple Saskatchewan contracts over the previous three years are the exception, in which case application for an employer account may be granted (see Policy POL 15/2000).
- Any other exceptions must be forwarded to the Director of Employer Services for consideration.
The Workers’ Compensation Act, 2013
2(1)(l), 2(1)(q), 3(1), 20, 26, 122, 131, 132, 153, 158(1);
The Workers’ Compensation Miscellaneous Regulations;
The Workers’ Compensation General Regulations 3, 4, 5, 8
PRO 03/2000 Incidental Incursions
01 January 2014. References updated in accordance with The Workers’ Compensation Act, 2013
References updated 01 May 2015 in accordance with The Workers’ Compensation Miscellaneous Regulations