Key Changes in Saskatchewan’s Employment Standards Regulations, 2025

Saskatchewan’s Employment Standards Regulations, 2025 (the “Regulations”) were enacted on December 18, 2025 and came into force on January 1, 2026, along with amendments to The Saskatchewan Employment Act (the “Act”). The Regulations consolidate and update Saskatchewan’s employment standards framework, by replacing the former Employment Standards Regulations, the Minimum Wage Regulations, 2014, and the Conditions of Employment Regulations. The new Regulations introduce targeted substantive changes that employers and advisors should review closely.

Gratuities and Tip Pooling

Under the new amendments to the Act, employers are prohibited from withholding gratuities to an employee. The Regulations establish a structure that will permit employers to implement tip pooling arrangements, on prescribed terms and conditions. Under the Regulations, owners and directors may share in pooled gratuities only if they regularly perform substantially the same work as employees who receive tips. The Regulations also impose administrative requirements, including posting the pooling arrangement for employees and retaining it for two years after it ceases to apply.

This is a significant compliance development for hospitality, food service, and other tipped industries, where informal pooling practices were common but previously unregulated.

Bereavement Leave

Amendments to the Act adopted a more flexible approach to bereavement leave, by extending eligibility beyond immediate family members and including “prescribed person”. The new Regulations now define a “prescribed person” as “a person whom the employee considers to be like a close relative.”

For employers, this means bereavement leave requests must be assessed using a more flexible, employee centered standard rather than a narrow kinship based test.

Modified Work Agreements

While the core structure of modified work agreements is retained, the Regulations introduce notable adjustments:

• The previous two year cap on the duration of modified work agreements has been removed.
• The Regulations maintain requirements for written terms, including schedules, overtime triggers, and start and end dates, as well as a five year retention obligation.
• The language now expressly confirms that employees working fewer than 30 hours per week may participate.

These revisions provide employers with increased flexibility while preserving strict documentation and administrative expectations.

Other Significant Changes

The Regulations also introduce several additional updates affecting employer obligations:

• The minimum wage of $15.35 per hour, that was implemented on October 1, 2025, is now established in the new Regulations,  with the familiar CPI/average hourly wage adjustment mechanism preserved.
• Retail rest day rules, which previously required certain retail employees to receive two consecutive days of rest, have been removed, leaving only the general hours of work framework that is set out in the Act.
• Previously, the legislation did not offer a framework through which an employer could substitute a public holiday without a permit from the Director of Employment Standards. Now, the new Regulations establish a prescribed set of requirements that would permit an employer to substitute a public holiday without seeking a permit. The new requirements include majority-employee approval, substitution within four weeks, and a two year record retention rule.
• Group termination thresholds have been revised to align with amendments to the Act, now beginning at 25 employees, with specified notice periods for larger groups.
• The maximum deposit required to appeal a wage assessment has increased from $500 to $1,000.
• Rules governing service on and by the Director have been modernized to include courier, ordinary mail, and email, with clarified deemed receipt provisions. The Director may also serve documents by publication when personal service is not reasonably possible.

A Final Note for Employers

Under the new Regulations, employers are expressly required to provide a copy of the Regulations to employees upon request and to post the Regulations in a conspicuous location in the workplace. This expands prior posting requirements that only required the Minimum Wage Regulations be posted and forms part of the broader emphasis on transparency and accessibility.

For up-to-date advising or assistance with employment matters, contact one of McDougall Gauley’s Labour and Employment lawyers.