Saskatchewan Temporary Wage Supplement (Seniors Care Workers) Program Regulations, E-13.1 Reg 24

1 SASKATCHEWAN TEMPORARY WAGE SUPPLEMENT (SENIORS CARE WORKERS) PROGRAM E-13.1 REG 24 The Saskatchewan Temporary Wage Supplement (Seniors Care Workers) Program Regulations being Chapter E-13.1 Reg 24 (effective November 25, 2020) NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 SASKATCHEWAN TEMPORARY WAGE SUPPLEMENT E-13.1 REG 24 (SENIORS CARE WORKERS) PROGRAM Table of Contents 1 Title 7 Approval 2 Definitions and interpretation 8 Amount of financial assistance 3 Program established 9 Audit 4 Application and eligibility 10 Overpayment 5 Cities of Lloydminster and Flin Flon re eligible 11 Minister’s powers re audits and overpayments facilities and eligible workers 12 Immunity 6 Time limit for submitting applications 13 Provision of records 14 Coming into force 3 SASKATCHEWAN TEMPORARY WAGE SUPPLEMENT (SENIORS CARE WORKERS) PROGRAM E-13.1 REG 24 CHAPTER E-13.1 REG 24 The Executive Government Administration Act The Economic and Cooperative Development Act Title 1 These regulations may be cited as The Saskatchewan Temporary Wage Supplement (Seniors Care Workers) Program Regulations. Definitions and interpretation 2(1) In these regulations: “applicant” means an eligible worker who applies for financial assistance pursuant to these regulations; “application period” means: (a) the period commencing on November 19, 2020 and ending on December 16, 2020; or (b) the period commencing on December 17, 2020 and ending on January 13, 2021; “eligible facility” means: (a) a special-care home designated pursuant to The Provincial Health Authority Act; (b) a facility licensed pursuant to The Personal Care Homes Act; (c) a facility as defined in The Provincial Health Authority Act or any other place where the services mentioned in clause 5(f) or (i) of The Saskatchewan Aids to Independent Living Regulations, being Sask Reg 292/76, are provided to a beneficiary; or (d) a facility providing integrated health care that is governed by the Provincial Health Authority but does not include an acutecare facility, such as a hospital, that is operated by the Provincial Health Authority or its affiliates as defined in The Provincial Health Authority Act; “eligible worker” means a worker who meets the criteria set out in subsection 4(2) and includes a worker mentioned in section 5; “minister” means the Minister of Finance; “ministry” means the ministry over which the minister presides; “participant” means an applicant whose application has been approved by the minister pursuant to section 7; 4 SASKATCHEWAN TEMPORARY WAGE SUPPLEMENT E-13.1 REG 24 (SENIORS CARE WORKERS) PROGRAM “program” means the Saskatchewan Temporary Wage Supplement (Seniors Care Workers) Program established pursuant to section 3; “record” includes any document or information that is recorded or stored in any medium or by means of any device, including a computer and its hard drive or any electronic media. (2) The minister may approve a facility or place as an eligible facility notwithstanding that the facility or place is not described within any of clauses (a) to (d) of the definition of “eligible facility” in subsection (1) if the minister is satisfied that: (a) the facility or place: (i) carries on business or operates in Saskatchewan; and (ii) provides a health care or support service similar to one provided by the facilities mentioned in the definition of “eligible facility” in subsection (1); and (b) it is otherwise appropriate and consistent with the purpose of the program to approve the facility or place as an eligible facility. (3) Any facility or place approved by the minister pursuant to subsection (2) is deemed to be an eligible facility. 4 Dec 2020 c E-13.1 Reg 24 s2. Program established 3 The Saskatchewan Temporary Wage Supplement (Seniors Care Workers) Program is established to provide financial assistance to eligible workers. 4 Dec 2020 c E-13.1 Reg 24 s3. Application and eligibility 4(1) An applicant for financial assistance pursuant to these regulations must apply to the minister with respect to each application period in a form and manner satisfactory to the minister. (2) An application pursuant to subsection (1) must include evidence satisfactory to the minister that: (a) the applicant: (i) in the case of an eligible facility mentioned in clause (a), (b) or (c) in the definition of “eligible facility” in subsection 2(1), is: (A) employed by the owner or operator of the facility; and (B) not on leave of absence without pay during the application period for which the application is made; or 5 SASKATCHEWAN TEMPORARY WAGE SUPPLEMENT (SENIORS CARE WORKERS) PROGRAM E-13.1 REG 24 (ii) in the case of an eligible facility that is a facility providing integrated health care that is governed by the Provincial Health Authority, is: (A) employed by the owner or operator of the facility; and (B) not on leave of absence without pay during the application period for which the application is made; and (b) the applicant is not a person who provides services on a fee-for-service or contractual basis to an eligible facility, other than one mentioned in clause (c) of the definition of “eligible facility” in subsection 2(1). 4 Dec 2020 c E-13.1 Reg 24 s4. Cities of Lloydminster and Flin Flon re eligible facilities and eligible workers 5 In addition to the workers mentioned in section 4, a worker is an eligible worker if the worker satisfies the minister that the worker meets the criteria in subsection 4(2) and: (a) the worker: (i) resides permanently in the Province of Alberta or the Province of Manitoba; and (ii) is working in a facility: (A) mentioned in clause (a), (b), (c) or (d) of the definition of “eligible facility” in subsection 2(1) that is located in the Saskatchewan portion of the City of Lloydminster or the City of Flin Flon, as the case may be; or (B) that is a facility providing integrated health care that is governed by the Provincial Health Authority; or (b) the worker is working in a facility that: (i) is located in the Alberta portion of the City of Lloydminster or the Manitoba portion of the City of Flin Flon, as the case may be; and (ii) is, in the opinion of the minister, equivalent to a facility: (A) mentioned in clause (a), (b) or (c) of the definition of “eligible facility” in subsection 2(1); or (B) that is a facility providing integrated health care that is governed by the Provincial Health Authority. 4 Dec 2020 c E-13.1 Reg 24 s5. Time limit for submitting applications 6(1) Subject to subsection (2), an application must be received by the minister on or before February 15, 2021. (2) The minister may consider an application received after February 15, 2021 if the minister is satisfied that extenuating circumstances made it unreasonable or impossible for the application to have been received by February 15, 2021. 4 Dec 2020 c E-13.1 Reg 24 s6. 6 SASKATCHEWAN TEMPORARY WAGE SUPPLEMENT E-13.1 REG 24 (SENIORS CARE WORKERS) PROGRAM Approval 7(1) If the minister receives an application pursuant to section 4 and is satisfied that the application is complete, that the applicant meets the criteria set out in these regulations and that it is appropriate to do so, the minister may approve the application. (2) If the minister approves an application pursuant to subsection (1), the minister may provide financial assistance to the participant. 4 Dec 2020 c E-13.1 Reg 24 s7. Amount of financial assistance 8 The amount of financial assistance that the minister may provide to a participant is $400 for each application period. 4 Dec 2020 c E-13.1 Reg 24 s8. Audit 9 Every participant who receives financial assistance pursuant to these regulations shall provide, at the minister’s request and within the period specified by the minister, any information or record that the minister may require to audit the participant’s financial affairs. 4 Dec 2020 c E-13.1 Reg 24 s9. Overpayment 10(1) The minister may declare all or any part of a payment made to an applicant pursuant to these regulations to be an overpayment if, in the opinion of the minister: (a) the applicant has knowingly made a false or misleading statement with respect to a material fact on any form or in any information or record provided to the minister pursuant to these regulations; (b) the applicant has omitted to make a statement or to provide any information or record to the minister pursuant to these regulations that results in a statement with respect to a material fact being misleading; or (c) the applicant has failed to comply with these regulations. (2) If the minister declares a payment to be an overpayment, the amount of the overpayment is deemed to be a debt due and owing to the Crown in right of Saskatchewan and may be recovered from the applicant in any manner authorized pursuant to The Financial Administration Act, 1993 or in any other manner authorized by law. 4 Dec 2020 c E-13.1 Reg 24 s10. Minister’s powers re audits and overpayments 11 For the purposes of performing audits and collecting overpayments pursuant to these regulations, the minister may exercise any powers that the minister may exercise pursuant to The Revenue and Financial Services Act. 4 Dec 2020 c E-13.1 Reg 24 s11. 7 SASKATCHEWAN TEMPORARY WAGE SUPPLEMENT (SENIORS CARE WORKERS) PROGRAM E-13.1 REG 24 Immunity 12(1) No action or proceeding lies or shall be commenced against the Government of Saskatchewan, the minister, the ministry or any officer or employee of the ministry or administrator or agent of the minister, if that person is acting pursuant to the authority of these regulations, for anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done, by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by these regulations or in the carrying out or supposed carrying out of any duty imposed by these regulations. (2) The decisions or actions of any of the persons mentioned in subsection (1) are final and conclusive and are not reviewable by any court of law or restrained by any injunction, prohibition, mandamus, certiorari or other proceeding whatsoever. 4 Dec 2020 c E-13.1 Reg 24 s12. Provision of records 13(1) If the minister receives a request from any person for a copy of any of the following records and considers it appropriate and in the public interest to do so, the minister may, on any terms that the minister considers appropriate, provide a copy of the record to that person: (a) the names of eligible facilities for which eligible workers have made applications; (b) the number of applications that have been made by workers in each eligible facility; (c) the total number of applications that have been approved. (2) The names of individual applicants are not to be disclosed. 4 Dec 2020 c E-13.1 Reg 24 s13. Coming into force 14 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 4 Dec 2020 c E-13.1 Reg 24 s14. 8 SASKATCHEWAN TEMPORARY WAGE SUPPLEMENT E-13.1 REG 24 (SENIORS CARE WORKERS) PROGRAM REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2020