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AN ACT TO MAKE ALBERTA OPEN FOR BUSINESS (SA 2019 c8)

Bill 2

AN ACT TO MAKE ALBERTA
OPEN FOR BUSINESS

Chapter 8

(Assented to July 18, 2019)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Employment Standards Code

Amends RSA 2000 cE‑9

1(1)  The Employment Standards Code is amended by this section.


(2)  Section 23 is amended

                             (a)    by repealing subsection (2)(a) and substituting the following:

                                   (a)    time off with pay instead of overtime pay will be provided, taken and paid at the employee’s wage rate at a time that the employee could have worked and received wages from the employer;

                             (b)    by adding the following after subsection (4):

(5)  Time off with pay earned under section 23(2)(a) of the former Act that has not been provided, taken or paid before September 1, 2019 must be provided in accordance with section 23(2)(a) of the former Act unless the overtime agreement or overtime agreement that is part of a collective agreement provides for a higher rate.

(6)  In subsection (5), “former Act” means the Employment Standards Code as it read before September 1, 2019.

(3)  Sections 26, 28 and 29 are repealed and the following is substituted:

Eligibility for general holiday pay

26(1)  An employee is eligible for general holiday pay if the employee has worked for the same employer for 30 work days or more in the 12 months preceding the general holiday.

(2)  An employee is not entitled to general holiday pay if the employee

                                   (a)    does not work on a general holiday when required or scheduled to do so, or

                                   (b)    is absent from employment without the consent of the employer on the employee’s last regular work day preceding, or the employee’s first regular work day following, a general holiday.

Resolving doubts about general
holiday pay entitlements

27(1)  If an employee works an irregular schedule and there is doubt about whether a general holiday is on a day that would normally have been a work day for the employee, the doubt is to be resolved in accordance with subsection (2).

(2)  If in at least 5 of the 9 weeks preceding the work week in which the general holiday occurs the employee worked on the same day of the week as the day on which the general holiday falls, the general holiday is to be considered a day that would normally have been a work day for the employee.

General holiday pay — not working on
a normal work day

28   If

                                   (a)    a general holiday falls on a day that would normally have been a work day for an employee, and

                                   (b)    the employee does not work on the general holiday,

the employer must pay the employee general holiday pay of an amount that is at least the average daily wage of the employee.

General holiday pay — working on
a normal work day

29(1)  If a general holiday is on a day that would normally have been a work day for an employee and the employee works on the general holiday, the employer must comply with clause (a) or (b):

                                   (a)    pay the employee general holiday pay of

                                           (i)    an amount that is at least the average daily wage of the employee, and

                                          (ii)    an amount that is at least 1.5 times the employee’s wage rate for each hour of work of the employee on that day,

                                        or

                                   (b)    provide the employee with

                                           (i)    an amount that is at least the employee’s wage rate times each hour of work on that day, and

                                          (ii)    one day’s holiday, not later than the employee’s next annual vacation, on a day that would normally be a work day for the employee, and general holiday pay for that day of an amount that is at least the employee’s average daily wage.

(2)  An amount or a day’s holiday earned under section 29 of the former Act that has not been provided, taken or paid before September 1, 2019 must be provided in accordance with section 29 of the former Act. 

(3)  In subsection (2), “former Act” means the Employment Standards Code as it read before September 1, 2019.

General holiday pay — working on
unscheduled work day

30   If

                                   (a)    a general holiday is on a day that is not normally a work day for an employee, and

                                   (b)    the employee works on the general holiday, the employer must pay the employee general holiday pay of an amount that is at least 1.5 times the wage rate of the employee for each hour of work on that day.

(4)  Section 33.1(1) is amended

                             (a)    by striking out “section 29(b)(ii)” and substituting “section 29(1)(b)(ii)”;

                             (b)    in clause (a)

                                     (i)    by striking out “section 29(a)” and substituting “section 29(1)(a)”;

                                    (ii)    by striking out “section 29(b)(i)” and substituting “section 29(1)(b)(i)”.

(5)  Section 61.1(3) is amended by striking out “section 29(b)(ii)” and substituting “section 29(1)(b)(ii)”.

Labour Relations Code

Amends RSA 2000 cL‑1

2(1)  The Labour Relations Code is amended by this section.

(2)  The following is added after section 5:

Support to employees

5.1   The Minister may establish a program to provide support and assistance to employees with respect to matters under this Act, the Police Officers Collective Bargaining Act, the Public Education Collective Bargaining Act and the Public Service Employee Relations Act.

(3)  Section 33(a)(ii) is amended by striking out “6 months” and substituting “90 days”.

(4)  Section 34 is repealed and the following is substituted:

Inquiry into certification application

34(1)  In this section, “working day” means any day other than a Saturday, a Sunday or any other holiday as defined in the Interpretation Act.

(2)  Before granting an application for certification, the Board shall satisfy itself, after any investigation that it considers necessary, that

                                   (a)    the applicant is a trade union,

                                   (b)    the application is timely,

                                    (c)    the unit applied for, or a unit reasonably similar to it, is an appropriate unit for collective bargaining,

                                   (d)    the employees in the unit the Board considers an appropriate unit for collective bargaining have voted, at a representation vote conducted by the Board, to select the trade union as their bargaining agent, and

                                    (e)    the application is not prohibited by section 38.

(3)  The Board shall provide the employer with notice of the application for certification forthwith after receipt of the application.

(4)  Forthwith, and no later than 5 working days after the date of the application for certification, the employer shall provide to the Board information it requires for the purpose of determining

                                   (a)    the employees to be included in the bargaining unit applied for or a reasonably similar unit,

                                   (b)    the appropriateness of the unit or a reasonably similar unit for collective bargaining, and

                                    (c)    the timeliness of the application.

(5)  Before conducting a representation vote, the Board shall satisfy itself, on the basis of the evidence submitted in support of the application and the Board’s investigation in respect of the application, that at the time of the application for certification the trade union had the support, in the form set out in section 33(a) or (b), of at least 40% of the employees in the unit applied for.

(6)  The Board shall give notice of a vote within 10 working days of the date of application for certification, and the vote must commence within 3 working days of the notice.

(7)  In cases requiring a mail‑in vote, the Board shall commence the mail‑in voting process no later than 14 working days after the date of the application for certification.

(8)  In accordance with any rules made by the Board, the Board may prohibit, as of the time of giving the notice of the representation vote referred to in subsection (6), any electioneering or issuing of propaganda that may influence employees in their voting decision.

(9)  The Board shall conduct any representation vote and shall complete its investigations and inquiries into and consideration of an application for certification as soon as possible and no later than 20 working days after receipt of the application for certification, or 25 working days in the case of a mail‑in vote.

(10)  Unless the Chair approves an extension, the Board shall make every effort to meet the timelines in this section, but a failure to meet any of the timelines does not invalidate the proceedings or prevent the completion of the certification process.

(11)  This section applies with respect to an application for certification made on or after the day on which the Bill to enact An Act to Make Alberta Open for Business receives first reading.

(12)  If, on or after the day on which the Bill to enact An Act to Make Alberta Open for Business receives first reading but before it receives Royal Assent,

                                   (a)    an application for certification is made, and

                                   (b)    the employees in the unit the Board considers an appropriate unit for collective bargaining have not voted, at a representation vote conducted by the Board, to select the trade union as their bargaining agent,

and a certificate under section 39 is granted, whether before, on or after the day the Bill receives Royal Assent, the certificate is void.

(5)  Section 67.1 is amended

                             (a)    by repealing subsection (1) and substituting the following:

Marshalling of proceedings

67.1(1)  In this section,

                                          (a)    “adjudicative body” means a body or person referred to in subsection (1.1) but does not include

                                                 (i)    a body of a professional association established under an enactment that holds a hearing or other disciplinary proceeding,

                                                (ii)    the Ombudsman,

                                               (iii)    The Provincial Court of Alberta or a judge of that Court,

                                               (iv)    a justice of the peace conferred with the authority to determine a question of constitutional law under the Provincial Court Act,

                                                (v)    the Court of Queen’s Bench of Alberta or a judge or master in chambers of that Court, or

                                               (vi)    the Court of Appeal of Alberta or a judge of that Court;

                                          (b)    “proceeding” includes any investigation or inquiry of a person or body referred to in subsection (1.1).

(1.1)  This section applies with respect to the following:

                                          (a)    the Board;

                                          (b)    an arbitrator, arbitration board or other body arising from a collective agreement required to be filed under this Act;

                                          (c)    the following persons or bodies when dealing with employment matters:

                                                 (i)    the Alberta Human Rights Commission and any human rights tribunal appointed under the Alberta Human Rights Act;

                                                (ii)    the Appeals Commission and the Workers’ Compensation Board under the Workers’ Compensation Act;

                                               (iii)    an appeal body under the Employment Standards Code;

                                               (iv)    the Office of the Information and Privacy Commissioner under the Freedom of Information and Protection of Privacy Act;

                                                (v)    a Board of Reference under the School Act;

                                               (vi)    any other body or person determined by the Board.

                             (b)    by repealing subsection (7);

                             (c)    in subsection (10)

                                     (i)    in clause (b) by adding “or” after “unnecessary”;

                                    (ii)    by adding the following after clause (d):

                                      (d.1)    a direction to a specified adjudicative body to determine one or more of the issues that is the subject of the application for a marshalling order;

                                      (d.2)    where a proceeding is stayed by an order under clause (d) or an adjudicative body is specified under clause (d.1), a direction that no further proceeding, investigation, inquiry or other matter by an adjudicative body may be commenced or continued in relation to a matter to which the marshalling order applies;

                             (d)    in subsection (11)

                                     (i)    by adding the following after clause (b):

                                      (b.1)    whether an employee’s right to fair representation with respect to any human rights issue, including any duty to accommodate, has been, or will be, appropriately investigated and protected if the matter is to proceed by arbitration rather than through a complaint under the Alberta Human Rights Act.

                                    (ii)    by repealing clause (c);

                             (e)    by repealing subsection (12).

Consequential Amendment

Amends SA 2012 cE‑0.3

3(1)  The Education Act is amended by this section.

(2)  Section 274 is amended by adding the following after subsection (2):

(3)  Section 67.1(1.1)(c)(v) is amended by striking outSchool Actand substitutingEducation Act”.

Coming into Force

4(1)  Section 1 comes into force on September 1, 2019.

(2)  Section 2(2) comes into force on October 1, 2019.

(3)  Section 2(3) and (4) are deemed to have come into force on the day the Bill to enact An Act to Make Alberta Open for Business received first reading.