By: Iffat Ritter

Changes are coming to both federal and Saskatchewan employment legislation. Responsibilities and rights can vary, depending on whether the organization is subject to federal or provincial jurisdiction. If you are not sure which legislation governs your workplace, check the list at https://www.canada.ca/en/services/jobs/workplace/federally-regulated-industries.html to find out.  If your industry is not listed there, you are likely regulated by provincial laws.

Changes to Federal Employment Legislation

Bill C-58 should be through Parliament shortly. The most notable changes to labour legislation will include:

• an employer is prohibited from using replacement workers during a strike or lockout in federally regulated workplaces, and employers and unions must agree on the essential services that will continue during a work stoppage. If they cannot agree, the Canada Industrial Relations Board will make that decision. 
• there will be more benefits for new parents, including pregnancy loss leave up to 8 weeks and child placement leave.
• bereavement leave has been expanded to allow reinstatement to the same or comparable position.
• there is an upgrade to wage and pay transparency which will require an employer to disclose if AI is used in the hiring process, and to disclose information about expected compensation in a job posting.

Also notable are:

• the expansion of the definition of workplace harassment to include virtual harassment;
• work conducted during a “trial period” is officially considered training;
• employees no longer must produce a medical certificate in order to be entitled to sick leave;
• employees can choose what financial institution they use for direct deposit of wages; and
• employer/employee agreements for alternative vacation pay methods must be in writing.

Other interesting changes include programs the Canadian Government is investing in to expedite and ensure reasonableness in recognizing the credentials of professions trained outside of Canada, and requiring companies to make efforts to investigate and report on whether their supply chain includes combat forced or child labour.Finally, fines for violations of the Employment Standards Act can now carry penalties up to $100,000 in some cases.  Changes to Saskatchewan Employment Legislation

The key changes impacting Saskatchewan employees include:

• an increase, on October 1, 2025, of the minimum wage to $15.35 per hour from $15.00;
•  new leave provisions, including an increase in unpaid long-term leave for sickness or injury to 27 weeks from 12, and leave for pregnancy loss in the immediate family is increased to 20 weeks before the due date;
• the government has supplemented the paid interpersonal violence leave of 10 days to add up to 16 weeks unpaid leave;
• expanded bereavement leave to include 5 days leave within 6 months of death, including the death of a person who was “like family” to them; and
• changes to sick leave such that medical certificates can only be requested after an absence of 5 consecutive days, or after 2 separate absences of two or more days within a year.

Other changes include:

• more flexibility for employers to define the work “day” for scheduling and overtime;
• retail employees are no longer required to have 2 consecutive days off, standardizing the rule to one day off in seven; deductions from employees who receive tips are prohibited unless it is part of a valid tip pooling policy or required by law. Any other wage deductions require the employee’s consent in writing. If an employer is found guilty of discriminating against an employee, the Director of Employment Standards can now order the employee be reinstated and compensation be paid to the employee for lost wages.

These changes are likely to have an impact on your internal policies. Procido can help create new policy frameworks for your business or assist in amending existing policies to ensure they are up to date and current with new and upcoming legislation.

Procido can also assist with workplace investigations into issues such as discrimination, bullying, personal and sexual harassment, conflict of interest, breach of policies or codes, fraud and regulatory compliance. If you have concerns about your workplace, reach out to us for some advice.

Disclaimer: 

This publication is provided as an information service and may include items reported from other sources. We do not guarantee its accuracy. This information is not meant as legal opinion or advice. Contact Procido LLP (www.procido.com) if you require legal advice on the topics discussed in this article