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Summary Offence Ticketing

Summary Offence Ticketing (SOT) will make workplaces safer and will help improve Saskatchewan’s injury rates.

This new tool will come into effect July 1, 2014 and have an impact on people who violate Occupational Health and Safety legislation.

Current enforcement tools, such as prosecutions are time consuming and costly for everyone involved, SOTs will impose a financial penalty to offenders right on the spot.

Saskatchewan will be joining seven other Canadian jurisdictions that have, or will soon implement, on-the-spot penalties for health and safety violations.

Summary Offence Ticketing details:
  1. What is a Summary Offence Ticket?
  2. Who can be ticketed?
  3. When will a ticket be issued?
  4. How do I pay my ticket?
  5. List of Offences and Fines
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1. What is a Summary Offence Ticket?

A Summary Offence Ticket (SOT) is a ticket issued by one of two designated Occupational Health Officers.  The Ministry of Labour Relations and Workplace Safety and the Ministry of Justice have created summary offence tickets for certain occupational health and safety violations.

There are 12 ticketable offences.  They include fall protection, excavations / trenching, personal protective equipment, submission of progress reports to the Occupational Health and Safety Division and submission of information requested by the Director.

Fines range from $250 to $1,000 depending on the offence.

Summary Offence Tickets are like speeding tickets. They will typically be issued either on the spot or sent by mail depending on the situation and circumstances.  Either way, the officer will assess the situation and facts on the ground before issuing a ticket.  Everyone who receives a ticket will have the right to challenge the ticket in court.

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2. Who can be ticketed?

Tickets will mainly be directed toward employers, contractors, owners, self-employed persons and suppliers. 

There is only one offence that applies to workers - clear failure to use personal protective equipment (PPE) that has been provided by ones employer. Before ticketing a worker, officers will assess if the worker was provided with the correct PPE, received adequate training on its use, and was clearly directed to use the PPE but chose not to.

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3. When will a ticket be issued?

Summary Offence Tickets will only be issued when all other tools are ineffective in making sure that health and safety in the workplace is not compromised - especially in high risk operations (e.g., trenching). 

Officers will assess the severity of the situation and will try to use other tools first, such as Compliance Undertakings, Officer’s Reports, Notice of Contraventions and Stop Work Orders. Parties will have ample opportunity to address their health and safety issues before a ticket is issued. 

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4. How do I pay my ticket?

The Summary Offence Ticket will indicate how to pay the fine and surcharge online, by mail or in person.  If you cannot or chose not to pay the fine, the other options are:
  • Appear in court at the time and place specified if you wish to work the fine off; and
  • Plead guilty or not guilty and request an alternate court date in writing.
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5. List of Offences and Fines

The fine for each offence is determined  pursuant to The Summary Offence Procedures Regulations, 1991. Note that  these fine amounts are subject to a victim surcharge established pursuant to section 13 of The Victim's of Crime Act, 1995.

Item Number

 

Offence Section of Act or Regulations
 Fine Amount / Liable Parties
 1 Failing to submit a written progress report1
 3-43(b)

$600

Employers, self employed persons, suppliers, contractors, owners
 2 Failing to submit information requested by the Director2
 3-64(1)

$600

Employers, self employed persons, suppliers, contractors, owners
 3 Failing to supply approved personal protective equipment
 87(1)(a) Regulations

$1,000

Employers, contractors
 4 Failing to ensure that workers use personal protective equipment
 87(1)(b) Regulations

$1,000

Employers, contractors
 5 Worker failing to use provided personal protective equipment
 87(4)(a) Regulations

$250

Workers
 6 Failing to ensure that workers use a fall protection system where a worker may fall three metres or more
 116(2)(a) Regulations

$1,000

Employers, contractors
 7 Failure to ensure that workers use a fall protection system where there is a possibility of injury if a worker falls less than three metres

116(2)(b)
Regulations

$1,000

Employers, contractors
 8 Failing to ensure that any opening or hole is covered and clearly marked or otherwise protected
 124(1)
Regulations

$1,000

Employers, contractors, owners
 9 Failing to provide an effective safeguard
 137(1)
Regulations

$1,000

Employers, contractors
 10 Failing to ensure that workers are protected from cave-ins or sliding material in an excavation
 262(1)
Regulations

$1,000

Employers, contractors
 11 Failing to ensure that workers are protected from cave-ins or sliding material in a trench
 263(1)
Regulations

$1,000

Employers, contractors
 12 Failing to implement a hazardous confined space entry plan
 272(3)
Regulations

$1,000

Employers, contractors

1  “failing to submit a written progress report”
Section 3-43(b) of The Occupational Health and Safety Act, 1993 (Act) establishes the requirement to provide a progress report to the occupational health officer explaining what actions have been taken to remedy each violation stated in a notice of contravention. The progress report acts as formal recognition by the employer and advises the OHS Division how the violations have been remedied within the required timelines.  Failure to submit a report could result in an SOT.

2  “failing to submit information requested by the director”
Section 3-64(1) of the Act allows the director of occupational health and safety to request information that the OHS Division needs for the performance of its duties and the exercise of its powers. Failure to provide this information could result in an SOT.