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Updated – February 15, 2022 Sources of Legal Authority for Asking for Proof of Vaccination

February 15, 2022 - Ron Kruzeniski, Information and Privacy Commissioner

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 had 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 were two sources of legal authority.

The government has now issued The Public Employers’ COVID-19 Emergency Repeal Regulations, effective February 14, 2022, which repeals The Public Employers’ COVID-19 Emergency Regulations (OC 53/2022). The Government has also issued The Employers’ COVID-19 Emergency Repeal Regulations effective February 14, 2022, which repeals The Employers’ COVID-19 Emergency Regulations (OC 52/2022). Thus, two sources of legal authority no longer exist.

It is still important that an organization consult their lawyer to see if they have authority to request proof of vaccination of employees or patrons.

On September 29, 2021, The Disease Control RegulationsP-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 the Mandatory Isolation and Face Covering (last updated February 4, 2022). Effective February 14, 2022, Dr. Shahab has now rescinded the Proof of COVID-19 Vaccination or Negative Test. He did not rescind the order Mandatory Isolation and Face Covering.

Again, I need to emphasize any organization considering a policy on requiring proof of vaccination should consult their lawyer to determine whether they have the authority.

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

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