Saskatchewan's public COVID-19 restrictions end Sunday. Here's what businesses can do after that

Saskatchewan has revealed its guidance for the province's businesses after July 11, when all of its public COVID-19 restrictions will be lifted. 

Premier Scott Moe said Wednesday that the province would no longer look to control the coronavirus that causes COVID-19 through government intervention or restrictions, but that it must now be controlled through vaccinations.

For business in the province, that means limited ability to require vaccinations or inquire about whether visitors have tested positive for COVID-19. 

Here's what business, which will be guided by Saskatchewan Occupational Health and Safety plans, need to know as the province heads into the third phase of reopening. 

Mask policies

The use of masks indoors, gathering limits and physical distancing will no longer be required once July 11 rolls around. 

But under the new guidance issued by the province on Wednesday, private businesses or facilities can choose to implement their own policies on masking. 

"If you enter a facility that requires a mask, patrons must respect the decision of the business and either comply or choose not to visit the establishment," the province said in a news release.

But that doesn't mean a business's mandatory masking policy will be enforceable by a public health inspector or other law enforcement agencies like police. 

Occupancy limits will only be limited by regulations such as fire codes. 

Chief Medical Health Officer Dr. Saqib Shahab urged residents Wednesday to be patient and tolerant with those who make their own choices regarding masks.

"Some business may be wide open, some may ask for people to wear masks or maintain social distancing. I think we need to respect each setting," he said.

Mandatory testing a no-go 

The province's new guidance makes it clear that business looking to administer COVID-19 tests must follow all legal requirements. 

That means organizations cannot implement mandatory testing, according to the province.

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Businesses also cannot require proof of a negative COVID-19 tests before allowing individuals onto their premises.

The province said that is because COVID-19 tests are considered a medical procedure and the information is considered private personal health information. 

The only exception is where a hazard assessment has identified that there may be a high risk of transmission in that workplace.

In that case, the employer is required to have policies and procedures "to inform the employees of the requirements and how their personal health information will be collected and stored." 

Vaccination rules

The province appears to hedge its guidance for workplaces by stressing that organizations and employers should do their own due diligence and seek legal advice "when required." 

That applies to COVID-19 vaccinations in Saskatchewan.

The province says that employers cannot require vaccination or proof of vaccination employees.

Businesses and organizations looking to require proof of vaccination before allowing individuals on their premises will face a significant hurdle, the province said. 

Vaccinations records are considered private personal health information.

The province says business will need to consider whether they will be able to demonstrate that requiring proof of vaccination is necessary and whether the benefits outweigh the loss of privacy. 

If there is a medical reason that an individual cannot be vaccinated, the province pointed to section 2-41 of The Saskatchewan Employment Act, which requires an employer to modify an employee's duties or reassign the employee to other duties if it reasonable to do so. 

As of Wednesday, the province's two largest municipal government have yet to release what they will do at their respective municipally operated facilities and workplaces. 

However, both told CBC News this week that they will be releasing their guidance and rules this week.