Canada: Human Rights Legislation - Saskatchewan

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP
STATUTE TOPIC PROVISION SOURCE
SASKATCHEWAN
The Saskatchewan Human Rights Code, SS 1979 c S-24.1 Prohibited Grounds (m.01) "prohibited ground" means:
  1. religion;
  2. creed;
  3. marital status;
  4. family status;
  5. sex;
  6. sexual orientation;
  7. disability;
  8. age;
  9. colour;
  10. ancestry;
  11. nationality;
  12. place of origin;
  13. race or perceived race; and
  14. receipt of public assistance;
http://www.canlii.org/en/sk
/laws/stat/ss-1979-c-s-
24.1/latest/ss-1979-c-s-
24.1.html?searchUrlHash
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Discrimination prohibited in employment 15(1) No person shall, in making available to any person a contract that is offered to the public:
  1. discriminate against any person or class of persons on the basis of a prohibited ground; or
  2. include terms in the contract that discriminate against a person or class of persons on the basis of a prohibited ground.
(1.1) The right pursuant to subsection (1) does not apply to discrimination on the basis of disability within the meaning of subclause 2(d.1)(ii) where a person refuses to contract with another person who does not have the legal capacity to contract.

(1.2) The right pursuant to subsection (1) is not infringed where:
  1. a contract of automobile, life, accident or sickness or disability insurance;
  2. a contract of group insurance between an insurer and an association or person;
  3. a life annuity;
  4. a pension contract; or
  5. any contract other than one mentioned in clauses (a) to (d); is prescribed in the regulations as a contract or one of a category of contracts that differentiates or makes a distinction, exclusion or preference on reasonable and bona fide grounds because of disability, age or family status.
Discrimination in employment 16(1) No employer shall refuse to employ or continue to employ or otherwise discriminate against any person or class of persons with respect to employment, or any term of employment, on the basis of a prohibited ground.

(2) No employee shall discriminate against another employee on the basis of a prohibited ground.

(3) No employment agency shall discriminate against any person or class of persons in receiving, classifying, disposing of or otherwise acting on applications for the agency's service or in referring an applicant or applicants to an employer or anyone acting on an employer's behalf on the basis of a prohibited ground.

(3.1) No employer shall use, in the hiring or recruitment of persons for employment, an employment agency that discriminates against any person or class of persons seeking employment on the basis of a prohibited ground.

(4) No provision of this section relating to age prohibits the operation of any term of a bona fide retirement, superannuation or pension plan, or any terms or conditions of any bona fide group or employee insurance plan, or of any bona fide scheme based upon seniority.
[cnt'd] (5) Nothing in this section deprives a college established pursuant to an Act of the Legislature, a school, a board of education or the Conseil scolaire fransaskois of the right to employ persons of a particular religion or religious creed where religious instruction forms or may form the whole or part of the instruction or training provided by the college, school, board of education or Conseil scolaire Fransaskois pursuant to The Education Act, 1995.

(6) Repealed. 1989-90, c.23, s.12.

(7) The provisions of this section relating to any discrimination, limitation, specification or preference for a position or employment based on sex, disability or age do not apply where sex, ability or age is a reasonable occupational qualification and requirement for the position or employment.

(8) This section does not prohibit an employer from refusing to employ or refusing to continue to employ a person for reasons of any prohibited ground of discrimination where the employee is:
  1. employed in a private home; or
  2. living in the home of the employer.
(9) The provisions of this section shall not be construed to prohibit distinctions in terms or conditions of employment where those distinctions are permitted by virtue of Part II of The Saskatchewan Employment Act or the regulations made pursuant to that Act.

(10) This section does not prohibit an exclusively non-profit charitable,philanthropic, fraternal, religious, racial or social organization or corporation that is primarily engaged in serving the interests of persons identified by their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance from employing only or giving preference in employment to persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment.

(11) This section does not prohibit an employer from:
  1. granting employment to, continuing to employ or advancing a person who is the parent, child or spouse of another employee of the employer where a reasonable and bona fide cause exists for the employer's action; or (b) refusing to employ, to continue to employ or to advance a person who is the parent, child or spouse of another employee of the employer where a reasonable and bona fide cause exists for the employer's refusal.
Discrimination prohibited in contracts 15(1) No person shall, in making available to any person a contract that is offered to the public:
  1. discriminate against any person or class of persons on the basis of a prohibited ground; or
  2. include terms in the contract that discriminate against a person or class of persons on the basis of a prohibited ground.
(1.1) The right pursuant to subsection (1) does not apply to discrimination on the basis of disability within the meaning of subclause 2(d.1)(ii) where a person refuses to contract with another person who does not have the legal capacity to contract.

(1.2) The right pursuant to subsection (1) is not infringed where:
  1. a contract of automobile, life, accident or sickness or disability insurance;
  2. a contract of group insurance between an insurer and an association or person;
  3. a life annuity;
  4. a pension contract; or
  5. any contract other than one mentioned in clauses (a) to (d); is prescribed in the regulations as a contract or one of a category of contracts that differentiates or makes a distinction, exclusion or preference on reasonable and bona fide grounds because of disability, age or family status.
(1.3) Repealed. 2000, c.26, s.11.

(2) Repealed. 1980-81, c.41, s.3.
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