Summary Offence Ticketing
Summary Offence Ticketing allows Occupational Health Officers to impose a financial penalty on people who violate certain sections of Occupational Health and Safety legislation.
1. What is a Summary Offence Ticket?
A Summary Offence Ticket (SOT) is a ticket issued by a designated Occupational Health Officer. 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 (see the full list below). Offences include failure to comply with fall protection, excavation/trench, personal protective equipment, submission of progress report requirements, 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 be issued either in person or sent by mail. The officer will assess the situation and facts on the ground before issuing a ticket. Everyone who gets a ticket has the right to challenge it in court.
2. Who can be ticketed?
Employers, contractors, owners, self-employed persons, suppliers and workers can get tickets.
3. When will a ticket be issued?
Officers will assess the severity of the situation and try to use other tools – such as Compliance Undertakings, Officer's Reports, Notice of Contraventions and Stop Work Orders – before issuing a ticket.
In high risk situations (immediately dangerous to life and health), especially those involving fall protection and trenches, an Officer may issue a ticket before using other tools.
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. There are alternatives to paying the fine, which are:
- appear in court at the time and place specified if you wish to work the fine off; or
- plead guilty or not guilty and request an alternate court date in writing.
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 | Section 3-43(b) (Act) |
$600 Employers, self employed persons, suppliers, contractors, owners |
2 | Failing to submit information requested by the Director2 | Section 3-64(1) (Act) |
$600 Employers, self employed persons, suppliers, contractors, owners |
3 | Failing to supply approved personal protective equipment | Section 7-2(1)(a) (Regulations) |
$1,000 Employers, contractors |
4 | Failing to ensure that workers use personal protective equipment | Section 7-2(1)(b) (Regulations) |
$1,000 Employers, contractors |
5 | Worker failing to use provided personal protective equipment | Section 7-2(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 | Section 9-2(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 | Section 9-2(2)(b) (Regulations) |
$1,000 Employers, contractors |
8 | Failing to ensure that any opening or hole is covered and clearly marked or otherwise protected | Section 9-13(1) (Regulations) |
$1,000 Employers, contractors, owners |
9 | Failing to provide an effective safeguard | Section 10-4(1) (Regulations) |
$1,000 Employers, contractors |
10 | Failing to ensure that workers are protected from cave-ins or sliding material in an excavation | Section 17-6(1) (Regulations) |
$1,000 Employers, contractors |
11 | Failing to ensure that workers are protected from cave-ins or sliding material in a trench | Section 17-7(1) (Regulations) |
$1,000 Employers, contractors |
12 | Failing to implement a hazardous confined space entry plan | Section 18-7(3) (Regulations) |
$1,000 Employers, contractors |
1 "failing to submit a written progress report"
Section 3-43(b) of The Saskatchewan Employment Act (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.