Thresher Employees Act, T-12

1 THRESHER EMPLOYEES c T-12 The Thresher Employees Act being Chapter T‑12 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1979‑80, c 92; 2010, c E‑9.22; 2013, c S‑15.1; 2018, c 42; and 2024, c 4. 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 c T-12 THRESHER EMPLOYEES Table of Contents 1 Short title 12 Procedure by local registrar 2 Interpretation 13 Procedure in Court of King’s Bench 3 Priority of lien 14 Adjudication 4 Conditions of claim 15 Rateable 5 Claim 16 Statement of wages 6 Liability of third person 17 Fees 7 Payments by third person 18 Conviction against partnership 8 Procedure if claims exceed earnings SCHEDULE 9 Procedure if claim contested FORM A Thresher Employee’s Claim 10 Paying into court FORM B Notice of Contest 11 Notice of contest FORM C Interpleader Summons 3 THRESHER EMPLOYEES c T-12 CHAPTER T-12 An Act for the Protection of Wages of Threshing Machine Employees Short title 1 This Act may be cited as The Thresher Employees Act. Interpretation 2 In this Act: (a) “employer” includes any person or body of persons corporate or unincorporate with whom an employee has entered into a contract of service whether the employer is the owner, lessee or bailee of the threshing machine on or about which the contract of service is performed; (b) “employee” includes every person who is engaged in an employment of threshing on or about a threshing machine and means any person who has entered into or works under a contract of service with an employer whether the contract is expressed or implied, is oral or in writing. RSS 1978, c T‑12, s 2 Priority of lien 3(1) An employee who works for wages on or about a threshing machine shall to the extent of his wages have a claim against the earnings of his employer in the hands of a third person for whom the threshing has been done by his employer; and the claim shall have priority over all assignments, seizures, attachments or garnishments of the earnings whenever made and over every claim or right of every kind and description. (2) No such third person shall be liable to an action or proceeding by the employer or his assigns in respect of the earnings while retained by him pursuant to this Act. RSS 1978, c T‑12, s 3; 2010, c E‑9.22, s 243. Conditions of claim 4(1) Such claim shall cease to exist unless the employee serves a claim, and proceeds as provided by this Act. Substitutional or other service (2) When an employee is unable to effect prompt personal service, he may apply to a judge of the Court of King’s Bench sitting at the judicial centre nearest to which is situated the land upon which the work was done, and the judge may make such order, for substituted or other service or for the substitution for service of notice by letter, public advertisement, or otherwise, and upon such evidence as appears just. RSS 1978, c T‑12, s 4; 1979‑80, c 92, s 95; 2018, c 42, s 65; 2024, c 4, s 32. 4 c T-12 THRESHER EMPLOYEES Claim 5(1) The claim (Form A) shall be in writing and shall set out: (a) the full name and post office address of the employee together with the post office address and full name of the employer where practicable with as much certainty and particularity as possible; (b) a short description of the work or service done together with a statement of the length of time worked by the employee; (c) the sum of money claimed as due. (2) The claim shall be verified by the affidavit of the employee. (3) The claim shall within twenty days after the threshing is completed be served on the third person and on the employer. RSS 1978, c T‑12, s 5. Liability of third person 6 If a claim has within the said twenty days been served upon him, the third person shall hold in his possession, until the expiration of thirty days from the completion of the threshing or for such further time as is provided by this Act, any money in his hands earned by and due to the employer or so much thereof as may be required to meet the amount of the claim; and, in default of so doing, shall be liable, to the extent of such money, for the amount of the claim. RSS 1978, c T‑12, s 6. Payments by third person 7(1) Subject to section 8, the third person shall after the expiration of the said thirty days pay to the employee upon demand the amount of his claim unless within the said thirty days the employer has served upon the third person a notice of contest as herein provided. (2) All payments lawfully made under this Act by the third person shall be deemed to be payment pro tanto to the employer. (3) An employee may bring an action against a third person who fails to pay the amount of the claim on demand by the employee as required by subsection (1). RSS 1978, c T‑12, s 7; 2013, c S‑15.1, s 10‑35. Procedure if claims exceed earnings 8 If the total sum of money in respect of which claims have been served on the third person exceeds the total sum of money in his possession under section 6, the third person shall after the expiration of twenty days and not later than thirty days after the threshing is completed pay into the office of the local registrar of the Court of King’s Bench at the judicial centre nearest to which the threshing or a part thereof was performed, such last mentioned total sum of money which payment shall be a valid discharge to him against the employer to the amount paid and shall at the same time deliver or transmit by registered letter to the said local clerk all claims, notices of contest and all other documents served upon him relating to such sum of money. RSS 1978, c T‑12, s 8; 1979‑80, c 92, s 95; 2024, c 4, s 32. 5 THRESHER EMPLOYEES c T-12 Procedure if claim contested 9(1) In cases falling within section 8, if the third person is served with notice of contest by the employer, he shall, forthwith but not later than forty days after the threshing is completed, deliver or transmit by registered letter to the said local registrar all claims, notices of contest and other documents served upon him relating to the money retained in his possession under section 6. (2) When section 8 does not apply to the circumstances of the case, the third person shall, if within the thirty days therein mentioned he has been served with a notice of contest by the employer in respect of any claim, forthwith but not later than forty days after the threshing is completed, pay into the office of the said local registrar the sum of money claimed in such claim which payment shall be a valid discharge to him against the employer to the amount paid, and he shall at the same time deliver or transmit by registered letter to the said local registrar the claim, notice of contest and all other documents served upon him and relating to the said sum of money. RSS 1978, c T‑12, s 9; 1979‑80, c 92, s 95. Paying into court 10 The person paying money into court under section 8 or 9 shall be entitled to deduct therefrom his necessary disbursements and costs, not exceeding $5, excepting when that sum of money is larger than the amount of the claim of the employee in which case the person so paying money into court may deduct such costs and disbursements out of the balance in his hands but if the balance is not sufficient to cover the disbursements and costs he may deduct the difference from the amount to be paid into court. RSS 1978, c T‑12, s 10. Notice of contest 11 The notice of contest (Form B) shall contain a brief statement of the nature or grounds of contest and the post office address of the employer and be verified by the affidavit of the employer. RSS 1978, c T‑12, s 11. Procedure by local registrar 12 The local registrar of the Court of King’s Bench shall: (a) forthwith after receipt by him of money paid into court pursuant to section 8 or 9 notify by registered letter the employer and all employees claiming in respect of the money; and (b) forthwith after receipt by him of notice of contest under this Act notify by registered letter every employee in respect of whose claim such notice of contest is given: Provided that if an employer in his notice of contest omits to state his post office address the notice to him shall be mailed to the address stated by the employee in this claim as required by section 5. RSS 1978, c T‑12, s 12; 1979‑80, c 92, s 95; 2024, c 4, s 32. 6 c T-12 THRESHER EMPLOYEES Procedure in Court of King’s Bench 13(1) Where a sum of money is paid into court any employee claiming under this Act, or, if there are two or more claimants, any one of such employees may sue out an interpleader summons (Form C) to determine, adjust and finally settle the rights of the several claims and parties to the sum of money and in such proceedings between employees and employers the former shall be plaintiff and the latter defendant; and if an interpleader summons is not sued out by any employee within twenty days after the sum of money has been paid into court the money shall be paid out to the employer or his assigns, or to such other person as is entitled thereto, only pursuant to an order of a judge of the Court of King’s Bench sitting at the judicial centre at which the money has been paid into court. (2) Any number of claimants may be joined in the interpleader summons. RSS 1978, c T‑12, s 13; 1979‑80, c 92, s 95; 2018, c 42, s 60; 2024, c 4, s 32. Adjudication 14 Upon the return of the interpleader summons the judge shall summarily determine the rights of the several parties to the moneys paid into court and may make such order in the premises and as to costs as appears just. RSS 1978, c T‑12, s 14. Rateable distribution 15 Where a sum of money has been paid into court by a third person and an order has been made for the payment of the sum out of court to the employees or any of them and the sum is not sufficient to satisfy in full the claims of the employees, the money shall be distributed rateably among the employees subject to any order of the court as to costs: Provided that any sum of money so paid into court as to which no order of payment out to the employees or any of them has been made shall be paid out as provided by section 13. RSS 1978, c T‑12, s 15. Statement of wages 16 Every employer shall upon demand at any time of an employee or of any third person for whom threshing has been done forthwith furnish to the employee or to the third person a written statement setting forth the length of time for which the employee is entitled at the time of the demand to be paid for the work and setting forth the sum of money earned by the employee for the work up to that time, which written statement shall be signed by the employer or by his foreman or agent acting for him; and if the employer or his foreman or agent fails to furnish such written statement on demand he is guilty of an offence and liable on summary conviction to a fine of $5 for every day during which the statement is withheld: Provided that a contravention of this section by the foreman or agent of an employer shall be presumed to be the act of the employer but the presumption may be rebutted by proof of explicit instructions to the contrary by the employer and any foreman or agent contravening this section and disobeying such explicit instructions is guilty of an offence and liable on summary conviction to the fine provided by this section. RSS 1978, c T‑12, s 16. 7 THRESHER EMPLOYEES c T-12 Fees 17 The following fees shall be paid to the local registrar of the Court of King’s Bench in respect of the following matters herein provided for and may be by him retained as to paragraphs 1 and 2 out of the money paid into court pursuant to section 8 or 9: 1 filing claim, twenty-five cents; 2 filing notice of contest, twenty-five cents; 3 interpleader summons, fifty cents. RSS 1978, c T‑12, s 17; 1979‑80, c 92, s 95; 2024, c 4, s 32. Conviction against partnership 18 Any order or conviction by a justice under this Act against a member of a partnership shall be deemed to be an order or conviction against each member of the partnership. RSS 1978, c T‑12, s 18. 8 c T-12 THRESHER EMPLOYEES SCHEDULE FORM A [Section 5] THRESHER EMPLOYEE’S CLAIM To of in the Province of Saskatchewan: Sir, — Take notice that I, the undersigned, claim from you payment of the sum of dollars as the balance of my wages for work done for (insert here name in full and post office address of employer) in threshing your grain or the grain of that I was employed at such work days (or weeks or as the case may be) at dollars per day (or as the case may be) commencing on the day of , 19 , and ending on the day of , 19 . My post office address is . Dated at in the Province of . this day of , 19 . ________________________________ (Name in full of Employee) I, _______________________________ of __________________________ (name in full of employee) in the Province of Saskatchewan, labourer, make oath and say that I am the above named employee, that I have executed the above claim, that the statements contained therein are true both in substance and in fact and that there is still due to me for wages as above set forth the sum of _________________________ dollars. Sworn before me at __________________________ in the Province of ___________________________ this __________________ day of _________________________ , 19 _____ . ________________________________ (Name of Employee) ___________________________________________________ A Commissioner for Oaths, N.P. or J.P. RSS 1978, c T‑12, Form A. 9 THRESHER EMPLOYEES c T-12 FORM B [Section 11] NOTICE OF CONTEST To of . in the Province of Saskatchewan: Sir, — Take notice that the undersigned contests the claim served upon you by on or about the day of , 19 , on the following grounds: (Here state briefly the grounds of contest in such manner that the particular nature thereof may be readily ascertained). And further take notice that I require you to pay all money the subject of such claim into court as required by law. My post office address is . Dated at in the Province . this day of , 19 . ________________________________ (Name in full of Employer) I, _______________________________ of ______________________________________ (name in full of employee) in the Province of Saskatchewan, thresher, make oath and say: That I am the employer above mentioned, that I have duly executed the above notice of contest and that the statements therein contained are true both in substance and in fact. Sworn before me at __________________________ in the Province of ___________________________ this __________________ day of _________________________ , 19 _____ . ________________________________ (Name of Employer) ___________________________________________________ A Commissioner for Oaths, N.P. or J.P. RSS 1978, c T‑12, Form B. 10 c T-12 THRESHER EMPLOYEES FORM C [Section 13] INTERPLEADER SUMMONS CANADA Province of Saskatchewan In the Court of King’s Bench for Saskatchewan at the Judicial Centre of Between of Plaintiff, and of Defendant. To the above named defendant: You are hereby summoned to appear at the sittings of this court to be holden at on the day of , 19 , at o’clock in the noon when the claim of yourself and the plaintiff to the money paid into court by under The Thresher Employees Act will be adjudicated upon and such order may thereupon be made as the court may deem fit. Dated at in the Province of Saskatchewan this day of , 19 . By the court ___________________________________ Local Registrar of the Court RSS 1978, c T‑12, Form C; 1979‑80, c 92, s 95; 2024, c 4, s 30. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024