Document name

Interjurisdictional Agreement on Workers’ Compensation (IJA)

Document number

POL 10/2017

1. The Workers’ Compensation Act, 2013 (the “Act”) allows the Saskatchewan Workers' Compensation Board (WCB) to enter an interjurisdictional agreement to provide compensation to customers where work is performed partly within Saskatchewan and partly within another province or territory. These agreements allow customers to receive benefits from either the Saskatchewan WCB or another jurisdiction (Section 33(2)).
2. If a work-related injury occurs outside of Saskatchewan, and the customer is entitled to compensation by law of the country or place in which the injury occurs, the customer must elect to file the claim with either the Saskatchewan WCB or the other jurisdiction (Section 35).
3. A customer must provide a notice of the election to the Saskatchewan WCB within three months of commencement of the loss of earnings or date of death. The Saskatchewan WCB may extend the notice period. However, if the customer does not give notice, the customer is deemed to have elected not to claim compensation under Saskatchewan’s Act (Section 35).
4. The Act provides the WCB with the right of subrogation. To recover the amount of compensation payable, the WCB may bring legal action in its own name against the third party, or it may join with the customer in their legal action against the third party (Section 39).
5. Worker benefits provided through the IJA may not, in every circumstance, result in employer protection from lawsuit.

1. The Saskatchewan WCB participates in an Interjurisdictional Agreement on Workers’ Compensation (IJA) developed amongst Canadian jurisdictions (i.e., provinces and territories) to:
   1. Promote and ensure the effective, efficient and timely administration and resolution of interjurisdictional issues.
   2. Aid injured workers in claiming and receiving compensation when two or more jurisdictions are involved.
2. As per the IJA, customers entitled to file an injury claim in more than one jurisdiction must choose coverage in either:
   1. Their home province or territory.
   2. The jurisdiction where the injury or fatality occurred.
3. If a customer chooses coverage with the Saskatchewan WCB:
   1. The claim will be adjudicated in accordance with Saskatchewan’s Act and policies.
   2. The customer must waive and forego any rights to compensation with any other jurisdiction for their injury claim, unless released to do so by the Saskatchewan WCB.
   3. The customer must not apply for or accept any benefits from any other jurisdiction for the injury claim, unless released to do so by the Saskatchewan WCB.
4. The WCB may pursue recovery of claim costs from a third party prior to seeking reimbursement from other jurisdictions as required under the IJA (POL 13/2014, Third Party Actions).

Cost Relief

5. The Saskatchewan WCB will  determine and consider eligibility for cost relief and will also determine and consider eligibility for any appeals for cost relief on IJA claims if the:
   1. Injury occurred in Saskatchewan.
   2. Worker elected to file the claim with another jurisdiction.
   3. Other jurisdiction requested and received reimbursement from Saskatchewan.