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Sources of Legal Authority for Asking for Proof of Vaccination

October 4, 2021 - Ron Kruzeniski, Information and Privacy Commissioner

In interviews, I have been encouraging organizations as they develop a policy or process for asking workers or patrons for proof of vaccination that they first determine whether they have the legal authority to ask. I have encouraged organizations to check with their legal counsel.

The Government of Saskatchewan has issued The Public Employers’ COVID-19 Emergency Regulations, The Public Employers’ COVID-19 Emergency Amendment Regulations (OC 495/2021), The Employers’ COVID-19 Emergency Regulations,  and The Employers’ COVID-19 Emergency Amendment Regulations (OC 496/2021) (all effective October 1, 2021). These are two sources of legal authority. Each applies to different organizations or employers so an organization is still well advised to consult their lawyers to see if either the Public Health Order or the Regulations cover them.

On September 29, 2021, The Disease Control Regulations, P-37.1 Reg 11 was passed.  Section 25.2(3) allows the Minister to make orders regarding face coverings and size of gatherings.  Dr. Shahab issued Public Health Orders – Proof of COVID-19 Vaccination or Negative Test and Public Health Order (dated October 15, 2021) and the Mandatory Isolation and Face Covering (dated September 30, 2021).

You or your lawyer need to check, regularly, to see what Minister’s orders have been issued.


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