HR Insights 2025 | Spring

HR INSIGHTS

2025 Spring Issue

SARC’s Human Resources and Labour Relations Newsletter

#25 CODES OF CONDUCT AND EMPLOYER POLICIES

In this issue, consultants from SARC and MLT Aikins discuss topics of Codes of Conduct and employer rules and policies

Contents New Code of Conduct in Effect for Saskatchewan Foreign Worker Employers

Scott Bell & Anna Sigurdson

The Importance of a Code of Conduct for Both Employers and Employees

Bobbi Janzen

Employer Rules and Policies Within a Unionized Workplace

Scott Mostoway

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Article Contributors About Bobbi Janzen Bobbi identifies and fosters strategic partnerships with education, labour, other workforce organizations, and community partners to address Disability Service sector workforce needs and assists with talent supply and demand.

She also leads workforce promotion strategies to connect job seekers to the Disability Service sector. Bobbi applies her background in talent acquisition, recruiting, and disability sector advocacy to this role and connects with our Members to learn more about the sector’s workforce needs. Bobbi is available to consult with SARC’s Regular and Associate Members on their workforce development inquiries, including recruitment and retention strategies, job descriptions, HR policies and procedures, compensation/total rewards, and succession planning.

Bobbi Janzen SARC Workforce Development Coordinator

About Scott Mostoway

Scott Mostoway SARC Senior Labour Relations Consultant

Scott can assist SARC’s Regular and Associate Members with a variety of LR/HR issues, including progressive discipline, performance management, and duty to accommodate for unionized and non-unionized organizations.

He can also provide specific support in collective bargaining for unionized organizations. Accessing this service is free of charge and can minimize organizational risk. Having a quick check-in or a review done before decisions are made can save you time and money in the end.

About Scott Bell Scott has advised various employers and individuals with regard to federal immigration applications, including work permits, Labour Market Impact Assessments, Free Trade Agreement exemptions and permanent residency.

He also has experience with applications made through the Saskatchewan Immigrant Nominee Program (SINP) and other Provincial Nomination Programs. A primary focus of his practice is in relation to advising employers on the management of temporary foreign workers and immigration legislation compliance. In addition to employment-based immigration, Scott provides services relating to family-based immigration applications, including spousal sponsorship and inter-country adoption.

Scott Bell Lawyer, MLT Aikins

About Anna Sigurdson Anna was called to the Saskatchewan Bar in 2024 and obtained her Juris Doctor from the University of Saskatchewan in 2023. During law school, Anna worked as a Teaching Assistant in legal research and writing where she led tutorials and mentored first-year students.

Anna Sigurdson Lawyer, MLT Aikins

Anna is an avid cross-country skier, winning a bronze medal in the 2023 Canadian Birkebeiner Ski Festival. She also enjoys travelling, with experience exploring Eastern Europe.

NEW CODE OF CONDUCT IN EFFECT FOR SASKATCHEWAN FOREIGN WORKER EMPLOYERS Scott Bell & Anna Sigurdson Lawyers, MLT Aikins LLP

On July 1, 2024, Saskatchewan’s new Immigration Services Act (the “Act”) came into force, officially replacing the province’s previous immigration legislation, the Foreign Worker Recruitment and Immigration Services Act (“FWRISA”). The provincial government’s stated purpose for the Act centers around strengthening Saskatchewan’s immigration system, and especially the supports and protections available to temporary foreign workers in our province. Key areas of focus within the Act include: •

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Comprehensive settlement services – The Act supports the province’s ability to provide a full range of settlement services, from prearrival support to assistance with long-term retention.

Enhanced foreign worker protection – The Act aims to provide stronger safeguards against worker exploitation. Additionally, it will tighten the province’s oversight of recruiters, immigration consultants, and non-compliant employers with a view towards increasing immigration integrity and safety within the province.

Tackling fraud – The Act provides increased investigative authority and enforcement measures to combat fraud and promote program integrity. This includes increased maximum fines and the introduction of monetary penalties for non-compliance.

Concrete consequences – Through explicit foreign worker protection provisions, the Act imposes robust consequences for those attempting to misuse immigration programs within the province.

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Streamlining processes – The Act consolidates all immigration-related authorities in Saskatchewan under a single piece of legislation. This aims to streamline processes for employers using immigration to address their workforce needs.

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Supporting workforce development – The Act aligns with the Saskatchewan Labour Market Strategy through which the province aims to grow and develop its workforce by recognizing foreign credentials and attracting skilled workers to fill job vacancies.

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Autonomy over immigration – Through the Act, Saskatchewan will continue to prioritize its provincial autonomy over immigration.

The Act’s provisions related to enhanced investigative authority, enforcement, and settlement services are expected to be further steps toward this goal.

As is perhaps already clear from these key focus areas, the relationship between temporary foreign workers and Saskatchewan employers plays a critical role in the Act. Indeed, the Act is something employers should be aware of and can expect to hear more about in the future.

The most notable change the Act brings about for employers is found in the Act’s regulations (the “Regulations”), which were released some time after the implementation of the Act. The Regulations set out guidelines for the enforcement of various items under the Act, including provisions on the regulation of foreign worker recruiters and immigration consultants, additional information on penalties for non-compliance, and requirements – as well as exemptions – for

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registered employers. Notwithstanding these updates, the most important provisions for employers are found at Part 2 of the Regulations’ appendix, “Code of Conduct for Registered Employers” (the “Code”).

Though the Code is referenced multiple times throughout the Act, no further details on its contents were provided until the release of the Regulations. Its release did come as something of a surprise. The Code’s stated purpose is to establish professional standards for registered employers. Similar to the FWRISA, employers who wish to recruit foreign workers are required to first obtain a Certificate of Registration from the provincial government. Once the certificate is issued, the employer is considered a “registered employer” and is permitted to recruit foreign workers. Now, under the Regulations, registered employers have additional responsibilities to comply with the Code.

Key Sections of the Code The key pieces of the Code are found at sections 4 and 5. Section 4 sets out prohibitions for registered employers, while section 5 sets out the registered employers’ professional responsibilities.

Under Section 4, registered employers are prohibited from: •

Engaging in any unlawful activity;

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Providing advice or creating false expectations that would lead to a foreign national divesting assets, quitting their job, or relocating without a certain right to work in Canada; and

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Engaging knowingly in an illegitimate scheme with any other party for monetary gain or to coerce the labour of a foreign national.

Further, under section 5, a registered employer must: •

Maintain clear and ethical employment practices;

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Keep strictly confidential all information related to a foreign national’s job application;

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Provide truthful, accurate, and complete information in all communication with the foreign national and any federal or provincial governmental agency;

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Ensure the authenticity of documents and information provided to the immigration minister;

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Ensure candidates who receive job offers have the skills and abilities to perform the job offered;

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Ensure that the conditions of the employment contract with the foreign national are met;

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If the foreign national does not have a work permit at the time of hiring, ensure they apply immediately for a work permit;

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Ensure the foreign national hired begins working as soon as they are lawfully able; and

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If the employer uses an immigration consultant or foreign worker recruiter, ensure they are properly licensed in accordance with the Act and Regulations.

The Act does note that the “enforcement officers” empowered by the Act have the same powers to enforce compliance with the Code as they have with any of the Act’s provisions. Moreover, the Act provides broad powers to punish employers who fail to comply with the Code, such as revocation of or refusal to issue a recruiting license, revocation of a Certificate of Registration, or refusal to register an employer and monetary penalties.

Takeaways for Employers It will be critically important for employers to understand their obligations under the new Act, Regulations, and particularly, the Code. Registered employers will need to be mindful of their obligations to foreign workers and how they may differ from their obligations to Canadian workers to ensure they remain in compliance and avoid penalties. Employers should consider how they interact and communicate with foreign worker candidates and employees to ensure they are meeting all provisions of the Regulations and the Code.

THE IMPORTANCE OF A CODE OF CONDUCT FOR BOTH EMPLOYERS AND EMPLOYEES Bobbi Janzen SARC Workforce Development Coordinator Employer Code of Conduct The introduction of the Code of Conduct for Registered Employers in Saskatchewan under the Immigration Services Act marks an important step toward creating a more transparent, fair, and supportive workplace. A registered employer is an entity or organization that has formally agreed to comply with specific regulations and standards set out under the Immigration Services Act. These employers are vetted and authorized to hire foreign workers, and by registering, they commit to upholding ethical practices, legal compliance, and maintaining a respectful workplace environment.

While the Code primarily targets registered employers, it also has broader implications for employees, particularly in fostering a respectful and inclusive environment for everyone, regardless of immigration status. This can include measures to ensure fair wages, clear terms of employment, non-discriminatory treatment, and accessible avenues for addressing workplace conflicts.

In addition to the Code for registered employers, having a Code of Conduct for non-registered organizations can also be of value. While these employers may not be required by law to adhere to the same standards as registered ones, implementing such a code can still encourage ethical behaviour and promote fairness in the workplace. A Code of Conduct helps to establish basic expectations around respect, inclusion, and legal compliance, ultimately benefiting the entire workforce by reducing the likelihood of exploitation or mistreatment. By adopting such codes, organizations can also improve their

reputation, enhance employee satisfaction, and contribute to a more equitable work environment.

What is an Employee Code of Conduct?

An Employee Code of Conduct is a set of guidelines that outlines the behaviours, responsibilities, and expectations for employees in the workplace. It serves as a framework to help employees understand what is considered acceptable behaviour and ensures that they contribute to a harmonious, respectful, and productive work environment.

The Employee Code of Conduct focuses on the individual employee, establishing clear standards for ethical conduct, professionalism, and compliance with organizational policies. It defines how employees should behave, interact with colleagues, and engage with the organization in a way that promotes a positive, respectful workplace.

In contrast, the Code of Conduct for Registered Employers applies specifically to employers and sets expectations for their behaviour toward employees. It ensures that employers uphold legal and ethical standards, such as providing fair wages, promoting safety, and maintaining transparency in hiring practices. While the Employee Code of Conduct focuses on individual employees, the Code of Conduct for Registered Employers guides how employers must treat their workforce, particularly regarding the rights of immigrant workers under the Immigration Services Act. For workers in Saskatchewan, particularly in nonunionized environments, both the Employee Code of Conduct and the Employer Code of Conduct

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provide a sense of security and a promise of an equitable work environment. These codes help employees understand expectations and responsibilities, promote fairness, and ensure a supportive work culture.

Promoting Fair Treatment and Respect

For employers, adhering to guidelines and providing employees with the necessary resources and training to understand them is crucial. By doing so, they reduce the risk of legal challenges, fines, or damage to their reputation. For immigrant workers, the Code ensures that they are protected from exploitation, including low wages, unfair treatment, or unsafe working environments, guaranteeing peace of mind and security.

A well-written Employee Code of Conduct ensures that all employees, regardless of their background or immigration status, are treated with fairness and dignity. This is vital for creating an inclusive workplace where all workers feel valued and respected. For employers, fostering such an environment leads to higher employee morale, engagement, and productivity. A positive reputation as an ethical employer enhances employee retention, attracts top talent, and reduces turnover.

The Employee Code of Conduct aligns with these principles by emphasizing the importance of respect, inclusivity, and equal treatment for all workers. It encourages employees to foster a welcoming environment where all workers, regardless of background, feel supported and empowered to contribute to the workforce.

For employees, this means having access to language assistance, orientation programs, and fair treatment, which helps immigrant workers succeed.

For employees, a clear code of conduct provides transparency regarding the organization's values and behaviour expectations. It gives employees confidence that their rights will be respected and upheld. This is especially important for immigrant workers who may feel vulnerable or isolated in new environments. A strong Code of Conduct promotes fairness in opportunities, pay, and advancement, providing all workers with the confidence they need to thrive.

For employers, this commitment to supporting workers enhances recruitment efforts by making the organization a more attractive place to work.

An inclusive and diverse workforce brings fresh perspectives, innovative ideas, and broader market reach, improving overall productivity and business success.

Why is Having an Employee Code of Conduct Important for Employers and Employees?

Creating a Transparent and Equitable Work Environment An Employee Code of Conduct emphasizes transparency in employee expectations, recruitment, and workplace practices. For employees, understanding exactly what is expected of them helps reduce confusion and miscommunication. For employers, clear and transparent policies lead to better employee satisfaction and fewer conflicts, as employees are aware of their roles, responsibilities, and rights from the start.

Regarding transparency and equity on the employer's part, the Code of Conduct for Registered Employers under the Immigration Services Act ensures that immigrant workers are not taken advantage of due to language barriers or a lack of familiarity with local work culture and legislation. By ensuring transparency in job duties, pay, and working conditions, employers build trust with their workforce, leading to a more cooperative and productive environment.

In non-unionized workplaces, where employees may have fewer formal protections, the Employee Code of Conduct becomes especially critical in ensuring fair treatment. For employees, having the confidence that their pay and work conditions will meet ethical and legal standards allows them to focus on their work without fear of exploitation.

For employers, adherence to fair pay principles is crucial for maintaining employee satisfaction, reducing turnover, and boosting loyalty.

The Benefits of an Employee Code of Conduct for Workplace Culture and Recruitment The Employee Code of Conduct plays a vital role in shaping the overall workplace culture. By promoting ethical behaviour, respect, and fairness, the Code encourages employees to contribute to a positive and productive environment. This, in turn, benefits employers by improving employee engagement, reducing turnover, and fostering a more harmonious workplace.

For immigrant workers, the introduction of the Employer Code of Conduct under the Immigration Services Act provides an additional layer of protection and support, ensuring that they

are treated fairly and equitably. This has a direct impact on the overall culture of the workplace, as it fosters a more inclusive and respectful environment for all employees, regardless of their background.

The Code also supports recruitment efforts, especially for employers seeking to attract skilled workers from diverse backgrounds. In a competitive labour market, offering a transparent and inclusive workplace can set an organization apart, drawing in top talent and improving retention rates. Immigrant workers are more likely to seek employment in environments that offer strong protections and clear guidelines for behaviour, creating an opportunity for employers to tap into this growing talent pool.

The Employee Code of Conduct is a vital tool for creating a fair, respectful, and inclusive workplace.

By clearly outlining expectations for behaviour, employers can foster a culture of transparency, accountability, and ethical conduct that benefits everyone in the organization.

For immigrant workers, the Code helps to ensure that they are treated equitably and are given the same opportunities as their local counterparts.

This commitment to fairness not only benefits immigrant employees but enhances the workplace culture, making it a more diverse and collaborative environment.

For employers, the introduction of the Code of Conduct for Registered Employers under the Immigration Services Act presents a unique opportunity to create a diverse and inclusive workforce that drives innovation and productivity.

By implementing a strong Employee Code of Conduct, employers can build a workplace that attracts top talent, reduces turnover, and boosts employee engagement.

Ultimately, a clear, well-enforced Code of Conduct creates a workplace where all employees feel valued, respected, and empowered to succeed.

This is crucial as Saskatchewan continues to grow and diversify, with practices in place ensuring that every worker can thrive in a fair and supportive work environment. *Please see the SARC Manager Resource Area for a Code of Conduct and Expectations Sample Policy

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EMPLOYER RULES AND POLICIES WITHIN A UNIONIZED WORKPLACE Scott Mostoway SARC Senior Labour Relations Consultant

Having rules and policies in the workplace is essential for maintaining order, consistency, and fairness among employees. They help set clear expectations for behaviour, performance, and workplace conduct, reducing misunderstandings and conflicts. Policies also ensure compliance with legal and safety regulations protecting both employees and the company from potential risks. However, issues arise when workplace rules and policies conflict with the organization’s collective agreement—or when the union alleges such a conflict. In these cases, employers must be mindful of the “rules” that govern their own workplace policies alongside the collective agreement.

1. Is the Policy Consistent with the Collective Agreement?

Does the employer’s policy violate any terms of the collective agreement? When weighing the authority between a collective agreement provision and a policy, the collective agreement will always prevail. No policy shall be deemed appropriate if it conflicts with the terms of the collective agreement.

Validity of Workplace Rules

3. Is the Policy Clear and Unequivocal?

Is the policy written in a way that provides clear guidance and direction, or does it contain elements of ambiguity? Policies must be clearly articulated and easily understood to meet this requirement under KVP.

There have been numerous arbitration decisions related to organizational rules or policies unilaterally implemented by employers. One of the most well-known and respected decisions is KVP Co. Ltd. and Lumber & Sawmill Workers’ Union Local 2537 (1965). This case established fundamental principles regarding which employer rules and policies are considered appropriate in a unionized workplace. What makes this ruling so important is that management’s right to dictate workplace rules is critical to operational flexibility and decision-making. However, even well-intentioned policies that are challenged and ultimately ruled against can be costly and diminish an employer’s authority and credibility.

In some cases, a policy may be entirely invalidated or deemed inappropriate for use in disciplinary decisions.

That said, what are the six distinct elements that must be met when developing workplace policies?

2. Is the Policy Considered Reasonable?

This requirement is generally more subjective.

As a rule of thumb, a policy is considered reasonable if it promotes workplace health and safety or serves a legitimate business interest.

4. Has the Policy Been Communicated to Employees Before Being Enforced?

Before an employer can enforce a policy and hold employees accountable, it must first establish that employees have been made aware of the policy and its implications. It is only fair that if employees are to be held accountable for certain standards, they must first be informed of them.

5. If the Policy Is Used to Justify Termination, Were Employees Made Aware That a Breach Could Lead to Discharge?

If an employer seeks to justify terminating an employee for a policy violation, the following criteria must be met. The policy or other communications, such as previous

disciplinary letters, letters of employment, etc., must clearly state that a breach could result in disciplinary action, up to and including termination. Failure to notify employees of this consequence may lead to disciplinary measures being overturned.

6. Has the Employer Enforced the Policy Consistently?

Employee discipline has been overturned in cases where the employer failed to enforce a policy consistently. If management neglects to act on policy breaches, thereby creating an environment where employees believe noncompliance is acceptable, it becomes difficult to justify disciplining a particular employee for the same violation. Ultimately, for a policy to be effective, it must be applied consistently across all employees.

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SASKATCHEWAN LABOUR UPDATE 2025

A seminar created just for you Use the promo code SARC50 to get 50% off your registration fee

Regina | Wednesday, May 14 Saskatoon & Virtual | Thursday, May 22 Use the promo code SARC50! for 50% off Workplace rules and practices continue to evolve at a rapid pace – and so do the legal risks and obligations facing employers. At the 2025 SK Labour Update, leading labour and employment lawyers will cover emerging trends in employee health and safety, discuss the complexities of employee free speech, address the most recent developments in drafting employment agreements, review workplace accommodations involving neurodiversity and more.

This in-person and virtual seminar will inform you of recent cases and legislative amendments, offering practical insights on how employers can navigate these complex issues while fostering It’s essential for you, as a human resources professional, to be aware of legal rights and risks in the workplace. anJoin inclusive and legally compliant work environment. The MLT Aikins Labour Update is designed us for this intermediate-level, in-person seminar covering labour and employment topics tailored for Saskatchewan for both unionized non-unionized employers.

HR professionals. This and seminar is brought to you

by MLT Aikins in partnership with CPHR Saskatchewan.

In this half-day seminar, you will hear from our experienced team of labour and employment lawyers on the topics Don’t miss this opportunity to stay ahead of the curve in today’s evolving work environment. that matter most to you. Don’t miss this chance to gain valuable insights, learn from our lawyers and connect with fellow professionals. Join us virtually or in person.

On the agenda: • The Complexities of Employee Free Speech on the agenda?of Employment Agreements Event details: • What’s Changing Landscape • • Accommodation Update – NeurodiversityRegina: and Family Status Long-term accommodations Tuesday, September 17 Tips and tricks for managing overtime Networking lunch: 12-1 p.m. | Seminar: 1-4:30 p.m. CST • • Employee Health, Safety and Wellness Trends • Practical tips for workplace investigations • Open forum Saskatoon or Virtual: Tuesday, September 24 Speakers: Event details:

Seminar: 1-4:30 p.m. | Networking reception: 4:30-5:30 p.m. CST Cost: Registration Fee ($250) + GST & PST ($27.50) =

Shane Buchanan fee: $475 plus tax per person • • Registration $277.50 per person.

• Allison Graham of SARC, you can use the promo code SARC50! to get 50% off your registration • As a member As a member of SARC, you can use the promo code SARC50 • Jianna Rieder fee. to get 50% off your registration fee.

• Callie Schwartz, Moderator • Breakfast & registration: 8:30 a.m. | Seminar: 9 a.m.-4 p.m.

Space is limited. Only employers or their representatives are • Zoe Johansen-Hill • • This event has been pre-approved for 6 CPD hours with CPHR Saskatchewan. eligible to attend. We reserve the right to decline registrants.

Meghan Johnson • • Space is limited.

Only employers or their representatives are eligible to attend. We reserve Anna Sigurdson, Moderator the right to decline registrants.

M LT A I K I N S L L P • M LTA I K I N S . C O M