Document name
Compensation Rate – Excluded Earnings
Document number
POL 05/2016
Effective date: April 1, 2016
Application: All claims.
Policy subject: Benefits for Workers - Initial benefits
Purpose:
To establish guidelines for excluded employment earnings in the calculation of compensation benefits.
BACKGROUND
- Section 3(1) of The Workers’ Compensation Act, 2013 (the “Act”) directs that “this Act applies to all employers and workers engaged in, about or in connection with any industry in Saskatchewan except:
- the farming or ranching industry, and
- those industries, employers or workers excluded pursuant to subsection (2).”
- Section 3(1) of the Act states “the Lieutenant Governor in Council may, by regulation, exclude any industry, employer or worker from all or any of the provisions of this Act.”
- The WCB interprets the Act to prohibit the use of earnings from industries and occupations excluded by the Act and described by The Workers’ Compensation Miscellaneous Regulations in the calculation of compensation entitlement.
POLICY
- Earnings from Saskatchewan industries and occupations not subject to the provisions of the Act will not be used in the calculation of compensation entitlement. The WCB does not collect insurance premiums from excluded industries and occupations. Therefore, coverage cannot be provided for earnings in these industries and occupations.
- Earnings from industries and occupations in other Canadian jurisdictions may be used in the calculation of compensation entitlement where the earnings are insured by that jurisdiction, and the industry or occupation is not excluded by the Act.
Policy references
Section heading
Act Sec #
Act Sec #
3(1), and 70(4)
The Workers’ Compensation Miscellaneous Regulations
Section heading
Supersedes
Supersedes