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AR 6/2018 SALARY RESTRAINT REGULATION

(no amdt)

ALBERTA REGULATION 6/2018

Reform of Agencies, Boards and
Commissions Compensation Act

SALARY RESTRAINT REGULATION

Table of Contents

                1      Definitions

                2      Application

                3      Designation of executive positions

                4      Establishment of compensation framework

                5      Salary restraint

                6      Permitted adjustments

                7      Exemption or modification

                8      Repeal

                9      Coming into force

Definitions

1   In this Regulation,

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

                              (b)    “base salary” means the base amount of remuneration paid in a year to an employee in relation to the employee’s performance of duties, but does not include a bonus or other incentive pay;


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

                              (d)    “public agency” means a public agency listed in the Schedule to the Act;

                               (e)    “restraint period” means the period April 1, 2018 to September 30, 2019;

                               (f)    “salary compression” means a situation in which the difference in base salary between employees is considered too small to be equitable;

                               (g)    “salary inversion” means a situation in which the base salary of an employee is greater than the base salary of that employee’s supervisor.

Application

2   This Regulation applies

                               (a)    to designated executives 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.

Designation of executive positions

3   The positions of all employees of public agencies, other than the positions of employees referred to in section 1(2) of the Act, are designated as executive positions for the purposes of this Regulation.

Establishment of compensation framework

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

(2)  The effective date of the compensation framework is April 1, 2018.

(3)  The terms of the compensation framework are set out in sections 5 to 7.

Salary restraint

5(1)  No public agency shall increase the base salary of a designated executive during the restraint period.

(2)  Nothing in subsection (1) affects the operation of section 6 of the Reform of Agencies, Boards and Commissions Compensation Regulation (AR 31/2017) with respect to those designated executives to whom that section applies.

Permitted adjustments

6   Notwithstanding section 5(1), a public agency may, in accordance with the public agency’s existing policies, increase the base salary of a designated executive during the restraint period to address one or more of the following circumstances:

                               (a)    promotion of the designated executive;

                              (b)    to correct salary inversion;

                               (c)    to correct salary compression.

Exemption or modification

7(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. 

Repeal

8   This Regulation is repealed on September 30, 2019.

Coming into force

9   This Regulation comes into force on April 1, 2018.