Employers who are considered “public sector bodies” must understand their obligations pursuant to the recently introduced The Accessible Saskatchewan Act (the “Act”). The Act came into force on December 3, 2023 and is designed to make workplaces more accessibility for persons with disabilities.
A summary of the Act’s key implications for the Government of Saskatchewan, public sector bodies and other prescribed persons can be found here.
What is a public sector body?
The Accessible Saskatchewan Regulations, (the “Regulations”) came into force alongside the Act on December 3, 2023. The Regulations set out a list of entities considered a “public sector body” for the purposes of the Act. Entities considered public sector bodies include several Saskatchewan cities, the Saskatchewan Police Commission, school divisions within the meaning of The Education Act, 1995, and post-secondary educations institutions as defined under section 3 of The Post-Secondary Education and Skills Training Regulations, 2022. The Regulations contain a full list of who is considered a public sector body for the purpose of the Act.
Responsibilities of public sector bodies under the Act
Those entities identified as public sector bodies by the regulations are required to develop an accessibility plan and share it publicly by December 3, 2025. This plan will outline the actions the public sector body will take to remove and prevent accessibility barriers within their organization, and must be updated every three years. In developing their accessibility plans, public sector bodies must consult persons with disabilities, but are not required to take specific actions identified through consultations with persons with disabilities. In addition, the plans must be posted publicly to allow for public feedback.
To assist public sector bodies in developing their accessibility plans, the Saskatchewan Accessibility Office will provide a template and guide on the topic. These resources will include guidance on how to identify and remove accessibility barriers. This guidance is expected to be released in early 2024. The Saskatchewan Accessibility Office is available to answer questions that public sector bodies may have when developing their plans. Questions can be directed by email to accessiblesk@gov.sk.ca.
The Government of Saskatchewan is required to post its first accessibility plan on December 3, 2024. This will provide public sector bodies with an example to use in drafting their own plans.
If you have any questions with respect to accessibility legislation, please contact one of the members of our MLT Aikins Labour & Employment group to learn how we can help.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.