Overview
After receiving royal assent on May 17, 2023, The Accessible Saskatchewan Act (the “Act”) came into force on December 3, 2023. As part of a recent nation-wide movement towards accessibility legislation, the Act intends to improve accessibility by preventing and removing barriers that people with disabilities face with respect to employment, the built environment, information and communications, transportation, service animals, procurement, service delivery and any other prescribed activities or undertakings.
The Act applies to all provincial public entities. This includes the Government of Saskatchewan public sector bodies – including cities, crown corporations, agencies, school divisions, and post-secondary institutions – and any other prescribed persons under the Act.
Delivery of the Act’s objective is multi-pronged, through:
- mandating development of accessibility plans;
- establishing the Saskatchewan Accessibility Office (the “SAO”); and
- establishing the Accessibility Advisory Committee (the “AAC”).
Development of Accessibility Plans
Under the Act, all provincial public entities are mandated to develop and routinely update an accessibility plan that identifies, removes, and prevents barriers to individuals who are in, or interacting with the entity. In developing and updating their accessibility plans, public entities must consult people with disabilities and consider the principles of inclusion, adaptability, diversity, collaboration, self-determination, and universal design.
Accessibility plans are to be made publicly available no later than December 3, 2024, for the Government of Saskatchewan, and no later than December 3, 2025, for all other provincial public entities.
Establishment of the Saskatchewan Accessibility Office
To support the administration of the Act and The Accessible Saskatchewan Regulations (the “Regulations”), the Act established the Saskatchewan Accessibility Office. The SAO is responsible for advising the presiding minister with matters respecting accessibility legislation and standards, compliance and enforcement, public awareness and education, and monitoring compliance and enforcement.
Establishment of the Accessibility Advisory Committee
The Act similarly established the Accessibility Advisory Committee, whose purpose is to provide advice to the Minister regarding proposed accessibility standards, the administration of such standards, public awareness and education initiatives, and other matters as requested by the Minister. Composed of between 9 to 15 members, at least one-half of the AAC’s composition is to include persons with disabilities or persons employed by or associated with organizations that support persons with disabilities.
Compliance and Enforcement
The Act contains a comprehensive compliance and enforcement regime, including the provision of a complaints process and the use of inspectors to investigate non-compliance. Provincial public entities found by an inspector to be in contravention of the Act or Regulations will be required to remedy their non-compliance, are guilty of an offence, and liable, on summary conviction, to payment of a fine of up to $250,000. Where a corporation commits an offence pursuant to the Act or the Regulations, any officer or director of the corporation found to have directed, authorized, or participated in the contravention may be found guilty of the offence and liable on summary conviction.
Shane Buchanan is a labour and employment lawyer with MLT Aikins LLP in Saskatoon. With a background in human resources and a CPHR designation, Shane provides an understanding of the issues faced by human resources professionals and provides practical solutions to all areas of labour and employment law, including collective agreement interpretation, workplace policies, discipline and discharge, employment contracts, OH&S, workers’ compensation, labour standards and human rights, including the duty to accommodate.