Law Reform Commission of Saskatchewan Consultation on Reform of Occupiers' Liability In Saskatchewan Survey

Introduction

The Law Reform Commission of Saskatchewan was established by An Act to Establish a Law Reform Commission (proclaimed in force in November 1973) and began functioning in February 1974. The Commission is incorporated by an Act of the Saskatchewan Legislature. Commissioners are appointed by Order in Council. The Commission’s recommendations are independent and are submitted to the Minister of Justice and Attorney General of Saskatchewan for consideration.

The Law Reform Commission of Saskatchewan is interested in your response to its Consultation Report on Reform of Occupiers' Liability in Saskatchewan. Your comments and opinions on the topic are welcome and are an important part of the Commission’s deliberations on recommendations for law reform in Saskatchewan. Consultation is a central feature of the Commission’s work, and the Commission’s consultation activities will be discussed in its final reports.

Please note that this survey reproduces only the consultation questions contained in the Consultation Report on Reform of Occupiers' Liability. If you would like further to read background material on a topic, please refer to the Report, available on the Commission's website: https://lawreformcommission.sk.ca/

The consultation period on this project will close on June 30, 2023.

Reform of Occupiers' Liability

Should occupiers’ liability law in Saskatchewan be reformed?

2.Enactment of the Proposed Act

If the Commission recommends that Saskatchewan enact occupiers’ liability legislation, should it recommend Saskatchewan adopt the Proposed Act?

3.Modification of the Proposed Act

If the Commission recommends that Saskatchewan adopt the Proposed Act, do any of its provisions require modification? More specifically:

a. Should the duty of care owed to trespassers be distinguished from the generalized duty owed to other entrants? If yes:

i. Should trespassers in general be owed a reduced duty of care?

ii. Should only trespassers that commit, or intend to commit, a criminal act on the premises be owed a reduced duty of care?

b. Should the reduced duty of care owed to hunters, snowmobilers, and ATV users be extended more broadly to all recreational entrants?

c. Should the definition of “premises” be broadened to include “water”?

d. Should the requirement in s. 6(2), modifying the landlord’s duty in s. 6(1) to include circumstances in which they ought to have known of a defect which causes injury, remain?

e. Should occupiers owe a duty of care to independent contractors if they know or ought to have known of a dangerous situation created on the premises by the independent contractor?

f. Should the requirement that all restrictions, modifications, or exclusions of occupiers’ liability be assessed for reasonableness remain?

4.Abolishing the Common Law of Occupiers' Liability

Alternatively, should the Commission recommend that Saskatchewan enact legislation to abolish the common law of occupiers’ liability? (i.e., These types of situations would be captured by other applicable common law torts, such as negligence.)