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AR 31/2017 REFORM OF AGENCIES, BOARDS AND COMMISSIONS COMPENSATION ACT

(no amdt)

ALBERTA REGULATION 31/2017

Reform of Agencies, Boards and
Commissions Compensation Act

REFORM OF AGENCIES, BOARDS AND COMMISSIONS COMPENSATION REGULATION

Table of Contents

                1      Definitions

                2      Application

                3      Designation of executive positions

                4      Establishment and terms of
compensation framework

                5      Base salary

                6      Variable pay

                7      Severance and termination

                8      Benefits

                9      Fixed term contracts and appointments

              10      No additional compensation

              11      Exemption or modification

              12      Sharing of information

              13      Coming into force

Schedules


Definitions

1   In this Regulation,

                               (a)    “Act” means the Reform of Agencies, Boards and Commissions Compensation Act;

                              (b)    “designated executive” means a person whose position is designated as an executive position under section 3.

Application

2(1)  This Regulation applies

                               (a)    to those persons who are designated executives when this Regulation comes into force, and

                              (b)    to those persons who become or are reappointed as designated executives after this Regulation comes into force.

(2)  This Regulation does not apply to a designated executive who is paid remuneration pursuant to the Committee Remuneration Order (OC 466/2007).

Designation of executive positions

3(1)  The positions listed in Column 1 of Schedule 1 in respect of the public agencies listed opposite in Column 2 are designated as executive positions.

(2)  The positions of all employees of the public agencies listed in Column 2 of Schedule 1, other than those positions referred to in subsection (1) and the positions of all employees referred to in section 1(2) of the Act, are designated as executive positions.

Establishment and terms of compensation framework

4(1)  A compensation framework is established by this Regulation.

(2)  The effective date of the compensation framework is March 16, 2017.

(3)  Subject to section 7 of the Act, the terms of the compensation framework

                               (a)    for designated executives whose positions are referred to in section 3(1) are set out in sections 5, 6(1) and (2), 7, 8, 9 and 10;

                              (b)    for designated executives whose positions are referred to in section 3(2) are set out in section 6.

Base salary

5(1)  A public agency or the Crown, as the case may be, may provide to a designated executive an annual base salary that does not exceed the maximum salary for that position as set out in Schedule 2.

(2)  Neither a public agency nor the Crown shall provide any type of market modifier to a designated executive’s base salary.

Variable pay

6(1)  In this section, “variable pay” means a bonus or other incentive pay provided in addition to base salary.

(2)  Neither a public agency nor the Crown shall provide variable pay to a designated executive.

(3)  A public agency that on the effective date of the compensation framework is providing variable pay to a designated executive whose position is referred to in section 3(2) may submit to the Minister a proposal for the adjustment of the base salary for that designated executive to take effect on or after the 2nd anniversary of the effective date of the compensation framework.

(4)  If the Minister approves a proposal submitted under subsection (3), an adjustment of the base salary for the designated executive in accordance with that proposal is deemed to be consistent with the compensation framework.

Severance and termination

7(1)  In this section,

                               (a)    “continuous service” means employment without any interruption in service caused by a termination of that employment;

                              (b)    “employer” means the public agency or the Crown that is providing severance pay to a designated executive under subsection (2);

                               (c)    “previous employment” means a designated executive’s continuous service with a public agency or the Crown prior to his or her employment with the employer;

                              (d)    “severance period” means the period starting the day after termination and ending after the number of weeks determined under subsection (2) in respect of which severance is payable.

(2)  Subject to subsection (4), an employer may provide severance pay to a designated executive who is terminated without cause in an amount not greater than

                               (a)    4 weeks of the designated executive’s base salary, plus

                              (b)    an amount that is equal to the cost to the employer for 4 weeks of the benefits the designated executive was receiving before termination, to a maximum of 16% of the amount referred to in clause (a),

for every year of continuous service with the employer, to a maximum of 52 weeks.

(3)  For the purposes of calculating years of continuous service with the employer under subsection (2), the duration of the designated executive’s previous employment, if any, is deemed to form part of the designated executive’s years of continuous service with the employer if

                               (a)    there was no break in service greater than 30 days

                                        (i)    between periods of previous employment, and

                                      (ii)    between previous employment and employment with the employer,

                                  and

                              (b)    the designated executive was not provided with any severance, termination or separation pay in respect of that previous employment.

(4)  An employer shall not provide severance pay to a designated executive unless the designated executive agrees in writing that if the designated executive becomes employed with either the Crown or a public agency during the severance period, the designated executive will repay the employer a portion of that severance pay equal to the amount of salary, before mandatory statutory deductions and benefits, earned in respect of the person’s new employment during the severance period, to a maximum of the severance pay, before mandatory statutory deductions, paid in respect of the portion of the severance period for which the person is employed.

(5)  Neither a public agency nor the Crown shall provide severance, termination or separation pay to a designated executive

                               (a)    in the event of termination for cause,

                              (b)    in the event of the non‑renewal of a contract of employment or term of appointment,

                               (c)    on resignation or retirement, or

                              (d)    as a direct or indirect result of the establishment of the compensation framework or an amendment to the compensation framework.

Benefits

8(1)  In this section, “benefits” means non‑cash compensation that is offered in addition to base salary, and includes

                               (a)    retirement benefits, including pension benefits, supplemental retirement benefits and registered retirement savings plan contributions,

                              (b)    health benefits, including dental insurance, medical insurance and prescription drug insurance,

                               (c)    health spending accounts,

                              (d)    parking,

                               (e)    vehicle and vehicle allowance,

                               (f)    travel and living expenses reimbursement, and

                               (g)    leave days.

(2)  A public agency or the Crown, as the case may be, may provide benefits to a designated executive or payments in lieu of benefits if those benefits and payments are consistent with

                               (a)    any guidelines established by the Minister as amended or replaced from time to time, or

                              (b)    in the case of a public agency, a policy of the public agency, if the policy has been approved by the Minister responsible for the public agency.

(3)  Any guidelines established by the Minister under subsection (2)(a) form part of the compensation framework.

(4)  Where the Minister establishes guidelines, the Minister must publish the guidelines on the website of the Minister’s department.

(5)  A policy referred to in subsection (2)(b) must provide the same benefits to the designated executive as are provided to all other employees of the public agency who

                               (a)    exercise managerial functions, and

                              (b)    report directly to one or more designated executives of that public agency.

(6)  An approval under subsection (2)(b) may be for any period specified by the Minister responsible for the public agency to a maximum of 5 years.

Fixed term contracts and appointments

9(1)  The employment contract or term of appointment for every designated executive shall be for a fixed term of not more than 6 years.

(2)  The employment contract or term of appointment of a person who is a designated executive on the effective date of the compensation framework whose employment contract or term of appointment provides for an indefinite term of employment or appointment expires 2 years after the effective date of the compensation framework.

No additional compensation

10(1)  Neither a public agency nor the Crown shall provide to a designated executive any form of compensation that is not expressly authorized by the compensation framework.

(2)  Subsection (1) does not apply in respect of statutory benefits, including statutory holidays and employer contributions in respect of the Canada Pension Plan and Employment Insurance premiums.

Exemption or modification

11(1)  The Minister may by order

                               (a)    exempt a designated executive or a class of designated executives from the application of one or more provisions of the compensation framework, or

                              (b)    modify one or more provisions of the compensation framework in respect of a designated executive or a class of designated executives.

(2)  An exemption or modification under subsection (1) may be for any period specified by the Minister.

(3)  Where the Minister makes an order under subsection (1), the Minister must make the order public in any manner the Minister considers appropriate.

Sharing of information

12(1)  For the purpose of requesting approval of a policy under section 8, the head of a public agency may disclose to the Minister responsible for the public agency personal information as the Minister responsible for the public agency considers necessary to consider the request.

(2)  For the purpose of considering a request for approval of a policy under section 8, the Minister responsible for a public agency may

                               (a)    collect and use personal information as the Minister responsible for the public agency considers necessary,

                              (b)    collect information referred to in clause (a) indirectly, without the consent of the designated executive to which the information relates, and

                               (c)    disclose personal information as the Minister responsible for the public agency considers necessary to the Minister, the Treasury Board or the Executive Council, and the Minister, the Treasury Board and the Executive Council may collect that personal information from the Minister responsible for the public agency.

(3)  The head of a public agency may disclose to the Minister personal information as the Minister considers necessary to consider a proposal under section 6(3) or an exemption or modification under section 11.

(4)  For the purpose of considering a proposal under section 6(3) or an exemption or modification under section 11, the Minister may

                               (a)    collect and use personal information as the Minister considers necessary,

                              (b)    collect information referred to in clause (a) indirectly, without the consent of the designated executive to which the information relates, and

                               (c)    disclose personal information as the Minister considers necessary to the Treasury Board or the Executive Council, and the Treasury Board and the Executive Council may collect that personal information from the Minister.

Coming into force

13   This Regulation comes into force on March 16, 2017.

Schedule 1
Designated Executives

Column 1
Position

Column 2
Public Agency

President and Managing Director

Agriculture Financial Services Corporation

Chief Executive Officer

Alberta Energy Regulator

President and Chief Executive Officer

Alberta Enterprise Corporation

Chief Executive Officer

Alberta Gaming and Liquor Commission

Chief of the Commission and Tribunals

Alberta Human Rights Commission

Member

Alberta Human Rights Commission

Chief Executive Officer

Alberta Innovates


President and Chief Executive Officer

Alberta Local Authorities Pension Plan Corp.

President and Chief Executive Officer

Alberta Pensions Services Corporation

Chief Executive Officer

Alberta Petroleum Marketing Commission

Chair and Chief Executive Officer

Alberta  Securities Commission

Chair

Alberta Utilities Commission

Vice‑chair

Alberta Utilities Commission

Member

Alberta Utilities Commission

Chief Appeals Commissioner

Appeals Commission under the Workers’ Compensation Act

Vice‑chair

Appeals Commission under the Workers’ Compensation Act

Appeals Commissioner

Appeals Commission under the Workers’ Compensation Act

Chief Executive Officer

Balancing Pool

Chief Executive Officer

Credit Union Deposit Guarantee Corporation

Chief Executive Officer

Energy Efficiency Alberta

Chief Executive Officer

Health Quality Council of Alberta

Chair

Labour Relations Board

Vice‑chair

Labour Relations Board

Chair

Land Compensation Board

Vice‑chair

Land Compensation Board

Member

Land Compensation Board

Market Surveillance Administrator

Market Surveillance Administrator

Chair

Natural Resources Conservation Board

Member

Natural Resources Conservation Board

Chair

Surface Rights Board

Vice‑chair

Surface Rights Board

Member

Surface Rights Board

Chief Executive Officer

Travel Alberta

President of the Board

The Workers’ Compensation Board

 

NOTE:   The title of a position listed in Column 1 includes any other title or name that is or may be used for that position.

 


 

Schedule 2
Base Salary

Public Agency

Position

Level

Minimum
Salary ($)

Mid‑point
Salary ($)

Maximum
Salary ($)

Alberta Securities Commission

Chair & CEO

7

333 280

416 600

499 920

Alberta Energy Regulator

CEO

6

264 480

330 600

396 720

Alberta Innovates

CEO

6

264 480

330 600

396 720

Alberta Utilities Commission

Chair

6

264 480

330 600

396 720

The Workers’ Compensation Board

President of
the Board

6

264 480

330 600

396 720

Agriculture Financial Services Corporation

President and
Managing Director

5

223 040

262 400

301 760

Alberta Gaming and Liquor Commission

CEO

5

223 040

262 400

301 760

Alberta Pensions Services Corporation

President & CEO

5

223 040

262 400

301 760

Alberta Petroleum Marketing Corporation

CEO

5

223 040

262 400

301 760

Credit Union Deposit Guarantee Corporation

CEO

5

223 040

262 400

301 760

Alberta Enterprise Corporation

President & CEO

4

184 365

216 900

249 435

Alberta Human Rights Commission

Chief of the Commission
and Tribunals

4

184 365

216 900

249 435

Alberta Local Authorities Pension Plan Corp.

President & CEO

4

184 365

216 900

249 435

Alberta Utilities Commission

Vice‑chair

4

184 365

216 900

249 435

Appeals Commission under the
Workers’ Compensation Act

Chief Appeals
Commissioner

4

184 365

216 900

249 435

Health Quality Council of Alberta

CEO

4

184 365

216 900

249 435

Labour Relations Board

Chair

4

184 365

216 900

249 435

Land Compensation Board

Chair

4

184 365

216 900

249 435

Natural Resources Conservation Board

Chair

4

184 365

216 900

249 435

Surface Rights Board

Chair

4

184 365

216 900

249 435

Travel Alberta

CEO

4

184 365

216 900

249 435

Alberta Utilities Commission

Member

3

153 595

180 700

207 805

Balancing Pool

CEO

3

153 595

180 700

207 805

Energy Efficiency Alberta

CEO

3

153 595

180 700

207 805

Market Surveillance Administrator

Market Surveillance Administrator

3

153 595

180 700

207 805

Alberta Human Rights Commission

Member

2

130 135

153 100

176 065

Appeals Commission under the
Workers’ Compensation Act

Vice‑chair

2

130 135

153 100

176 065

Labour Relations Board

Vice‑chair

2

130 135

153 100

176 065

Land Compensation Board

Vice‑chair

2

130 135

153 100

176 065

Natural Resources Conservation Board

Member

2

130 135

153 100

176 065

Surface Rights Board

Vice‑chair

2

130 135

153 100

176 065

Appeals Commission under the
Workers’ Compensation Act

Appeals Commissioner

1

111 775

131 500

151 225

Land Compensation Board

Member

1

111 775

131 500

151 225

Surface Rights Board

Member

1

111 775

131 500

151 225