Document name
Coverage – Out of Province/Country
Document number
POL 08/1999

Effective date: April 21, 1999

Last updated: April 21, 1999

Application: Employers in Saskatchewan who assign Saskatchewan workers to perform work in other jurisdictions and to the aforementioned Saskatchewan workers.

Policy subject: Employer coverage and registration

Purpose:

To provide coverage for workers in the course of employment outside of the province or country.

DEFINITION

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Resident of Saskatchewan: A worker will ordinarily be considered a resident of Saskatchewan when it can be determined that their permanent place of residence is within Saskatchewan or, with submission of reasonable proof, would be within Saskatchewan following the employment contract or work term outside of the province. Examples of information required to prove residency would be, but are not limited to, copies of application for Saskatchewan health coverage, copies of application for Saskatchewan driver’s license, etc.

Usual place of employment in Saskatchewan:
A worker will ordinarily be considered to have their usual place of employment in Saskatchewan if the worker, prior to leaving the province/country:

  1. performed the greatest percentage of their employment contract or work term with the employer in question within Saskatchewan,
  2. was hired in Saskatchewan, and
  3. was paid from the employer’s Saskatchewan office or on the basis of records submitted by the employer’s Saskatchewan office.

Continuous period, as referenced in this policy, includes any period of work or paid or unpaid leave of absence, which is not interrupted by a return to Saskatchewan for a period of two months or more.

BACKGROUND

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  1. On an increasingly regular basis, Saskatchewan employers send workers outside the Province of Saskatchewan to perform work in other parts of Canada and/or outside of Canada. This policy will ensure Saskatchewan workers are provided coverage under The Workers’ Compensation Act, 2013 (the Act) when they perform work in the course of their employment outside the province/country and would not have mandatory coverage in another jurisdiction or coverage similar to what they would receive in Saskatchewan.
  2. Section 33 of the Act notes that the Workers’ Compensation Board (WCB) may enter into an agreement with its equivalent body of any province or territory of Canada to provide that any compensation payable to any worker or his dependants, where work that is incidental to his employment is performed partly in Saskatchewan and partly in that province or territory, shall be paid either in accordance with the Act or in accordance with the law of that province or territory. This has been formalized in the Inter-jurisdictional Agreement on Workers’ Compensation that all provinces and territories have agreed to and signed.
  3. Section 34 of the Act speaks to an injury outside Saskatchewan:
    Subject to the provisions of an agreement pursuant to Section 33, a worker or a worker’s dependants must be paid compensation pursuant to this Act if:
    1. the worker is a resident of Saskatchewan or the usual place of the worker’s employment is in Saskatchewan and the employment requires the performance of work both inside and outside Saskatchewan; and
    2. the worker is injured while he or she is performing work outside of Saskatchewan.
    It is clear that Section 34 requires coverage for injuries outside Saskatchewan in specifically prescribed circumstances. There must be substantial connection with Saskatchewan consisting of residence or usual place of employment in Saskatchewan and the worker must be required to perform some work in Saskatchewan. This policy will provide an interpretation of Section 34 by clarifying the terms used and by placing time limits beyond which the worker is not considered to be performing work within Saskatchewan.
  4. Section 43 states that no employer and no worker or any worker’s dependant has a right of action against an employer or a worker with respect to an injury sustained by a worker in the course of his employment. However, this section may not apply to workers and subsequently their employers when injuries are sustained out of the province/country. Coverage is extended on an insurance basis only outside the boundaries of Saskatchewan.

POLICY

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  1. This policy applies to:
    1. Workers employed by an employer carrying on an industry inside Saskatchewan where:
      1. mandatory coverage under another jurisdiction does not apply or
      2. mandatory coverage under another jurisdiction applies but the coverage is below that which the Saskatchewan WCB provides. In such cases, the coverage provided by the other jurisdiction will be topped up by the board to the level which would have been provided had the Saskatchewan board provided the initial coverage, and
      3. the definitions of “resident of Saskatchewan” or “usual place of employment” are met as outlined in this policy
    2. Workers of subsidiary companies or other business entities of Saskatchewan employers where:
      1. the Saskatchewan employer carries on business activities through a subsidiary or other business entity (e.g. joint venture, partnership) outside of Saskatchewan and these activities are a natural extension of an industry the employer conducts in Saskatchewan, and
      2. the subsidiary would not require its own account with the WCB, and
      3. the definitions of “resident of Saskatchewan” or “usual place of employment” are met as outlined in this policy.
    3. Workers of Saskatchewan employers who are temporarily transferred or seconded to an employer outside of Saskatchewan where:
      1. the transfer or secondment is two years or less, or
      2. if the transfer or secondment is more than two years, notice of the transfer or secondment has been received and verified by the board prior to the occurrence of a work injury, and
      3. the definitions of “resident of Saskatchewan” or “usual place of employment” are met as outlined in this policy.
  2. Compulsory Coverage
    If the employer requires the worker to be absent from Saskatchewan for a continuous period of less than two years, the worker shall be considered to be performing work both within and outside of Saskatchewan and the Board shall extend coverage to workers to whom this policy applies. It is not necessary for the employer to make application for coverage for this worker; however, the employer is responsible for reporting the worker’s wages and paying the applicable assessment on these wages.
  3. Optional Coverage
    If the employer requires the worker to be absent from Saskatchewan for a continuous period of greater than two years but less than five years, the worker may be considered to be performing work both within and outside of Saskatchewan and the Board may extend coverage to workers to whom this policy applies.
    Under these circumstances, the employer must submit a written request for coverage. Each application will be reviewed on its own merits and will include such things as:
    1. name and position of worker,
    2. detailed explanation of job duties which would remove the worker from the Province of Saskatchewan,
    3. dates of departure and return, and
    4. detailed information, if required, ensuring the worker and employer meet the definitions outlined in this policy.
  4. No Entitlement to Coverage
    If the employer requires the worker to be absent from Saskatchewan for a continuous period of greater than five years, the worker will not be considered to be performing work both within and outside of Saskatchewan and the Board will not extend coverage to workers under these circumstances.
  5. Health Care Costs
    Coverage of applicable health care costs associated with a work injury will be provided based on current case management policies and procedures.

Policy references

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Section heading

Act Sec #

Page/document title
2(1)(l), 2(1)(ii), 3, 33, 34, 35, and 43

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Amended

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01 January 2014. References updated in accordance with The Workers’ Compensation Act, 2013

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Supersedes

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POL 48/75 Coverage – Out-of-Province
POL 15/77 Coverage – Out-of-Province

Section heading

Complements

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