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AR 53/2004 MODEL PROVISIONS REGULATION

(Consolidated up to 144/2016)

ALBERTA REGULATION 53/2004

Post‑secondary Learning Act

MODEL PROVISIONS REGULATION

Table of Contents

                1      Definition

Rights Dispute Resolution

                2      Deemed provisions re rights dispute


General Provisions

                5      Arbitration Act not to apply

                6      Expiry

                7      Coming into force

Definition

1   In this Regulation, “Act” means the Post‑secondary Learning Act.

Rights Dispute Resolution

Deemed provisions re rights dispute

2   Where an agreement referred to in section 87(1) or 96(2) of the Act does not contain procedures respecting the settlement of differences between parties arising from the interpretation, application or operation of an agreement, as the case may be, as contemplated by section 87(3)(b), (4)(e) or (5)(d) or section 96(3)(b), the agreement is deemed to contain those of the following provisions in respect of which it is silent:

                               (a)    if a difference arises as to the interpretation, application, operation or contravention or alleged contravention of this agreement or as to whether that difference can be the subject of arbitration, the parties agree to meet and attempt to resolve the difference;

                              (b)    if the parties to this agreement are unable to resolve a difference referred to in clause (a), either party may notify the other in writing of its desire to submit the difference to arbitration;

                               (c)    the notice referred to in clause (b) must

                                        (i)    contain a statement of the difference, and

                                      (ii)    specify the name of a person or a list of names of persons whom the party submitting the notice is willing to accept as the single arbitrator;

                              (d)    on receipt of a notice referred to in clause (b), the party receiving the notice,

                                        (i)    if it accepts the person or one of the persons suggested to act as arbitrator, shall, within 7 days, notify the other party accordingly and the difference must be submitted to the arbitrator, or

                                      (ii)    if it does not accept any of the persons suggested to act as arbitrator, shall, within 7 days, notify the other party accordingly and send the name of a person or a list of names of persons it is willing to accept as the single arbitrator;

                               (e)    if the parties are unable to agree on a person to act as the single arbitrator, either party may, in writing, request that the Minister appoint a single arbitrator;

                               (f)    the arbitrator may, during the arbitration, proceed in the absence of any party or person who, after notice, fails to attend or fails to obtain an adjournment;

                               (g)    the arbitrator shall inquire into the difference and issue an award in writing, and the award is final and binding on the parties and on every employee affected by it;

                              (h)    the parties agree to share equally the expenses of the arbitrator;

                               (i)    except as permitted under clause (j), the arbitrator shall not alter, amend or change the terms or conditions of this agreement;

                               (j)    if the arbitrator by the arbitrator’s award determines that an employee has been discharged or otherwise disciplined by an employer for cause and this agreement does not contain a specific penalty for the infraction that is the subject of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that the arbitrator considers just and reasonable in all the circumstances.

Interest Dispute Resolution

3, 4   Repealed AR 138/2015 s2.

General Provisions

Arbitration Act not to apply

5   The Arbitration Act does not apply to a compulsory arbitration under the Act or this Regulation or any award resulting from it.

Expiry

6   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2018.

AR 53/2004 s6;227/2010;113/2013;138/2015;144/2016

Coming into force

7   This Regulation comes into force on the date on which section 124 of the Act comes into force.