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Alberta Regulation 17/2016
Farm Implement Act
FARM IMPLEMENT (EXPIRY DATE EXTENSION)  
AMENDMENT REGULATION
Filed: February 24, 2016
For information only:   Made by the Lieutenant Governor in Council (O.C. 036/2016) 
on February 24, 2016 pursuant to section 30 of the Farm Implement Act. 
1   The Farm Implement Regulation (AR 204/83) is amended 
by this Regulation.

2   Section 10 is amended by striking out "March 31, 2016" 
and substituting "March 31, 2017".


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Alberta Regulation 18/2016
Public Education Collective Bargaining Act
PUBLIC EDUCATION COLLECTIVE BARGAINING REGULATION
Filed: February 24, 2016
For information only:   Made by the Lieutenant Governor in Council (O.C. 040/2016) 
on February 24, 2016 pursuant to section 19 of the Public Education Collection 
Bargaining Act. 
Table of Contents
	1	Definitions
TEBA
	2	Functions under a collective agreement
	3	Borrowing
Board of Directors
	4	Membership of the board
	5	Board vacancies
	6	Removal of board members
	7	Powers, duties and functions
	8	Power to delegate
Representative Committee and Members
	9	Representative committee 
	10	Removal of representative committee members
Initial Meetings of the Representative Committee 
and the Board of Directors
	11	Initial meeting of the representative committee
	12	Initial meeting of the board
TEBA Code of Conduct
	13	Code of conduct
Arbitration Boards
	14	Establishment of arbitration boards
Ratification
	15	Ratification under section 11 of Act by trustee representatives
	16	Ratification under section 11(4) of Act by employees
Indemnification
	17	Indemnification
Bylaws
	18	Bylaws
Auditor and Records
	19	Auditor
	20	Records
Amendments
	21	Amendments to update references 
 
Schedules
Definitions
1   In this Regulation,
	(a)	"Act" means the Public Education Collective Bargaining 
Act;
	(b)	"board member" means a member of the board of directors;
	(c)	"bylaws" means the bylaws made under section 17 of the 
Act;
	(d)	"chair" means an individual designated under section 4(1)(a) 
and includes an individual acting for the chair in accordance 
with this Regulation and the bylaws;
	(e)	"code of conduct" means the TEBA Code of Conduct set out 
in Schedule 1;
	(f)	"trustee representative" means a trustee designated under 
section 16(3) of the Act;
	(g)	"vice-chair" means an individual designated under 
section 4(2).
TEBA
Functions under a collective agreement
2   TEBA may carry out any power, duty or function provided for 
under a collective agreement to which the Act applies.
Borrowing
3   TEBA shall not borrow money for any purpose.
Board of Directors
Membership of the board
4(1)  The board of directors consists of the following:
	(a)	8 members appointed by the Minister, one of whom must be 
designated as chair and another as acting chair; 
	(b)	6 members elected from the trustee representatives in 
accordance with this Regulation and the bylaws as follows:
	(i)	3 members from the trustee representatives designated 
by the employers in Category A set out in Schedule 2, 
elected by those trustee representatives; 
	(ii)	one member from the trustee representatives designated 
by the employers in Category B set out in Schedule 2, 
elected by those trustee representatives;
	(iii)	one member from the trustee representatives designated 
by the employers in Category C set out in Schedule 2, 
elected by those trustee representatives;
	(iv)	one member from the trustee representatives designated 
by the employers in Categories B and C set out in 
Schedule 2, elected by those trustee representatives.
(2)  The board members elected under subsection (1)(b) must designate 
a vice-chair and an acting vice-chair from among their number.
(3)  No individual may be appointed or elected as a board member if 
the individual has a pecuniary interest, within the meaning of section 
80 of the School Act, in a collective agreement to be concluded under 
the Act.
(4)  A board member appointed under subsection (1)(a) holds office at 
the pleasure of the Minister.
(5)  A board member elected under subsection (1)(b) holds office until 
the earliest of the following:
	(a)	the member ceases to be a member of the representative 
committee under section 16(4) of the Act;
	(b)	the conclusion of the annual general meeting of the 
representative committee held after the ratification of an 
agreement with respect to central terms referred to in section 
11 of the Act;
	(c)	the member resigns or dies;
	(d)	the member is removed as a member of the board under 
section 6.
(6)  Board members elected under subsection (1)(b) may be paid 
remuneration and reimbursed for expenses by TEBA in accordance 
with Schedule 1, Part A of the Committee Remuneration Order (OC 
466/2007), as amended or replaced from time to time.
(7)  The chair of the board of directors is also the chair of the 
representative committee.
Board vacancies
5(1)  A vacancy on the board of directors must be filled in the manner 
in which the vacant position was previously filled.
(2)  Where a vacancy on the board of directors occurs in respect of a 
board member referred to in section 4(1)(b), the board shall, as soon as 
practical, conduct an election in accordance with the bylaws to fill the 
vacancy.
(3)  A vacancy on the board of directors does not impair the right of 
the remaining board members to act as long as there is a quorum as 
provided for in the bylaws.
Removal of board members
6(1)  The board of directors may by resolution remove a board 
member before the expiration of the member's term of office
	(a)	if the member has a pecuniary interest referred to in section 
4(3),
	(b)	if the member is absent from 3 consecutive meetings of the 
board of directors without permission of the board, or
	(c)	if the member fails to comply with the Act, this Regulation, 
the bylaws or the code of conduct.
(2)  Instead of removing a board member for a reason referred to in 
subsection (1)(b) or (c), the board of directors may issue a warning to 
the member.
Powers, duties and functions
7(1)  Except as otherwise provided, the powers and duties of TEBA 
are to be exercised and performed by the board of directors.
(2)  The board of directors shall, in addition to any other powers, duties 
and functions provided for in this Regulation and the bylaws, manage 
or supervise the management of the business and affairs of TEBA, 
including, without limitation,
	(a)	TEBA's responsibilities under section 8 of the Act, including
	(i)	determining the mandate for the negotiation of central 
matters and local matters, and
	(ii)	the appointment of a negotiating committee;
	(b)	TEBA's responsibilities under section 11 of the Act, 
including 
	(i)	determining the mandate for the bargaining of central 
terms,
	(ii)	the appointment of a bargaining committee, and
	(iii)	presenting to the trustee representatives for ratification 
any agreement with respect to central terms referred to 
in section 11(4) of the Act.
Power to delegate
8   The board of directors may delegate any of its powers, duties or 
functions, except the power to delegate, to a board member, to a 
committee of the board, to the representative committee or a 
committee of the representative committee, to an employer or to an 
employee or agent of TEBA. 
Representative Committee and Members
Representative committee 
9(1)  No individual may be designated as a member of the 
representative committee if the individual has a pecuniary interest, 
within the meaning of section 80 of the School Act, in a collective 
agreement to be concluded under the Act.
(2)  The employers shall pay the travel expenses incurred by their 
trustee representative in the course of carrying out the trustee 
representative's duties as a trustee representative. 
(3)  A trustee representative shall exercise full and final authority on 
behalf of the employer that he or she represents.
Removal of representative committee members
10(1)  The board of directors may by resolution remove a member of 
the representative committee
	(a)	if the member has a pecuniary interest referred to in section 
9(1), or
	(b)	if the member fails to comply with the Act, this Regulation, 
the bylaws or the code of conduct.
(2)  Instead of removing a member of the representative committee for 
a reason referred to in subsection (1)(b), the board of directors may 
issue a warning to the member.
Initial Meetings of the Representative Committee 
and the Board of Directors 
Initial meeting of the representative committee
11(1)  The Minister shall convene the initial meeting of the 
representative committee by sending a notice of meeting to each 
trustee representative in the form and manner determined by the 
Minister as soon as possible after the coming into force of this section.
(2)  The notice must provide the time and place of the meeting and the 
proposed agenda.
(3)  The main purpose of the meeting is to elect, from the trustee 
representatives, the members of the board of directors referred to in 
section 4(1)(b).
Initial meeting of the board
12(1)  The board of directors must hold its initial meeting as soon as 
practical after the initial meeting of the representative committee.
(2)  The main purposes of the meeting are
	(a)	to designate the vice-chair and acting vice-chair;
	(b)	to commence developing the mandate for determining what 
matters are central matters and what matters are local 
matters;
	(c)	to appoint a negotiating committee for negotiating what 
matters are central matters and what matters are local 
matters;
	(d)	to establish any necessary committees.
TEBA Code of Conduct
Code of conduct
13   Every board member and every trustee representative must 
comply with the code of conduct.
Arbitration Boards
Establishment of arbitration boards
14(1)  In this section, "Minister" means the Minister of Labour.
(2)  On the Minister receiving an application by TEBA or ATA under 
section 8(6) of the Act, the Minister shall establish a one-member 
arbitration board.
(3)  The Minister shall notify the parties in writing to jointly appoint, 
within 10 days after that notification, an individual to act as the 
member of the arbitration board.
(4)  If the parties fail to jointly appoint the member of the arbitration 
board within the time provided, the Minister shall appoint an 
individual to act as the member.
(5)  On the appointment of the member, the parties shall, jointly or 
individually, forward to the arbitration board a list of the items in 
dispute to be resolved by the arbitration board. 
(6)  If the member is no longer able to act as the member of the 
arbitration board, 
	(a)	the Minister shall notify the parties in writing to jointly 
appoint, within 10 days after that notification, another 
individual to act as the member of the arbitration board, and
	(b)	if the parties fail to jointly appoint the member of the 
arbitration board within the time provided, the Minister shall 
appoint an individual to act as the member.
(7)  No individual is disqualified from acting as the member of the 
arbitration board unless that member is directly affected by the dispute.
(8)  Sections 95(1), 121, 122, 123, 125 and 126 of the Labour 
Relations Code apply with respect to an arbitration board established 
under this section as if it were a voluntary arbitration board under the 
Labour Relations Code.
(9)  The remuneration and expenses of the member of the arbitration 
board must be paid jointly by TEBA and ATA. 
Ratification
Ratification under section 11 of Act  
by trustee representatives
15(1)  This section applies for the purpose of ratification by the trustee 
representatives of an agreement referred to in section 11(4) of the Act.
(2)  The board of directors shall communicate the terms of any 
proposed agreement with respect to central terms to the trustee 
representatives.
(3)  Each trustee representative entitled to vote on the agreement is 
entitled to vote the number of votes determined under Schedule 3.
(4)  The votes that a trustee representative has under Schedule 3 must 
be cast as a block. 
(5)  A proposed agreement referred to in subsection (2) is ratified by 
the trustee representatives if a majority of the votes cast are in favour 
of ratifying the agreement.
(6)  The vote must be conducted in accordance with the bylaws.
Ratification under section 11(4) of Act by employees
16(1)  The agreement referred to in section 11(4) of the Act is ratified 
by the employees in all bargaining units if more than 50% of the 
employees who cast a vote vote in the affirmative, based on one vote 
per employee. 
(2)  A vote under subsection (1) must be conducted in accordance with 
the procedures established by ATA.
Indemnification
Indemnification
17   TEBA may indemnify members and employees and agents of 
TEBA and former board members and employees and agents of 
TEBA, and their heirs and personal representatives, against all costs, 
charges and expenses whatsoever incurred by them and resulting from 
their acting as members of the board, employees or agents of TEBA if 
those persons acted honestly, in good faith and with a view to the best 
interests of TEBA.
Bylaws
Bylaws
18(1)  The initial bylaws of TEBA are set out in Schedule 4.
(2)  A vote on the approval of a bylaw by the representative committee 
must be conducted in accordance with the bylaws. 
(3)  Bylaws referred to in subsection (1) and subsequent bylaws must 
be made publicly available in a manner determined by the board of 
directors.
Auditor and Records
Auditor
19(1)  The board of directors may appoint an auditor.
(2)  An auditor holds office until the auditor is removed or a successor 
auditor is appointed.
(3)  An auditor must be promptly informed in writing of the removal of 
the auditor or the appointment of a successor auditor.
(4)  No trustee representative, board member or employee of TEBA 
may be appointed as the auditor for TEBA.
(5)  The auditor may attend the annual general meetings of the 
representative committee.
Records
20   TEBA records must be kept at TEBA's principal place of 
business.
Amendments
Amendments to update references
21   On the coming into force of the Education Act, sections 
4(3) and 9(1) and Schedule 1 to this Regulation are 
amended by striking out "section 80 of the School Act" and 
substituting "section 85 of the Education Act".
Schedule 1 
TEBA Code of Conduct
The TEBA Code of Conduct applies both to trustee representatives and 
to board members unless otherwise indicated.
Generally
Board members and trustee representatives must act in manner 
consistent with the Public Education Collective Bargaining Act, the 
Public Education Collective Bargaining Regulation, the TEBA bylaws 
and the policies of the board of directors.
Confidentiality
Unless the chair of the board of directors otherwise authorizes it, and 
subject to any conditions imposed by the chair, board members and 
trustee representatives must keep confidential any information 
provided at, and the contents of any discussions held at, meetings of 
the board of directors or the representative committee and in any 
discussions regarding TEBA business that arise outside a TEBA board 
meeting or a meeting of the representative committee.
The responsibility for maintaining the confidentiality of information 
includes the responsibility for ensuring that the information is not 
directly or indirectly made available to unauthorized persons.
Trustee representatives who are authorized to discuss TEBA matters 
with the employer that designated them must ensure that the discussion 
is held in private, and that the employer properly passes motions to 
convene in private during its meeting.
Conflicts
If a board member has a conflict of interest relating to any matter 
before the board of directors, including a pecuniary interest as defined 
in section 80 of the School Act, the member must declare the conflict 
openly and immediately excuse himself or herself from the meeting, 
and must not vote on the matter. 
In all matters related to TEBA, fiduciary responsibility to TEBA 
supersedes any conflicting loyalty howsoever arising.
Conduct at meetings
Board members and trustee representatives must be properly prepared 
for meetings of the board of directors and of the representative 
committee respectively.
Board members and trustee representatives must maintain the highest 
standards of meeting etiquette, including civility and respect for others.
Schedule 2 
Categories of Employers
Category A:  Employers with a student population over 35 000
Category B:  Employers with a student population from 7000 to
34 999
Category C:  Employers with a student population under 7000
The number of students enrolled with an employer is determined by 
using the funded student enrollment figures for the most recent 
reporting period, as published by the Department of Education.
Schedule 3 
Weighted Ballots
A trustee representative has one vote if the employer that designated 
that trustee representative has 4999 or fewer students enrolled with the 
employer.
In addition, if an employer that designates the trustee representative 
has more than 4999 students enrolled with the employer, that trustee 
representative has one additional vote for each 5000 or portion of 5000 
students enrolled with the employer.
The number of students enrolled with an employer is determined by 
using the funded student enrollment figures for the most recent 
reporting period, as published by the Department of Education.
For example:
Column 1 
Number of Funded Students 
Enrolled with an Employer
Column 2 
Number of Votes
4999 or under
1
5000 to 9999
2
10 000 to 14 999
3
15 000 to 19 999
4
Schedule 4 
Initial Bylaws 
 
TEBA Bylaws 
 
Part 1 
Interpretation
1(1)   In these bylaws, unless the context otherwise requires,
	(a)	"Act" means the Public Education Collective Bargaining 
Act;
	(b)	"Regulation" means the Public Education Collective 
Bargaining Regulation.
(2)  The definitions in the Act and the Regulation apply to these 
bylaws.
Part 2 
Compliance with Bylaws
2   Every employer, trustee representative and board member must 
comply with these bylaws. 
Part 3 
Meetings of Representative Committee
3(1)  Commencing in 2017, the representative committee must, at a 
time and place determined by the chair, hold an annual general 
meeting.
(2)  The business to be conducted at the annual general meeting must 
include the following:
	(a)	the consideration of the financial statements;
	(b)	the report of the board of directors;
	(c)	the report of the auditor, if any; 
	(d)	the election of board members referred to in section 4(1)(b) 
of the Regulation, if required;
	(e)	the approval of bylaws, if any;
	(f)	business that is required to be considered as set out in the 
notice convening the meeting;
	(g)	any other business that ought to be transacted at an annual 
general meeting.
(3)  At a time and place determined by the chair, the representative 
committee may hold special meetings to conduct business set out in the 
notice of meeting.
4   In a year in which collective bargaining under the Act is taking 
place, at least one representative committee meeting must be held to 
discuss bargaining objectives. 
5(1)  Notice of a meeting under section 4, specifying the place, date 
and time, must be provided to every trustee representative, board 
member and employer.
(2)  Accidental omission to give notice of a meeting to, or the 
non-receipt of notice of a meeting by, any individual entitled to receive 
notice does not invalidate the proceedings at that meeting.
Part 4 
Proceedings at Representative  
Committee Meetings
6   This Part applies to all meetings of the representative committee.
7   Except as provided in these bylaws, Robert's Rules of Order 
govern procedures at all meetings.
8   Resolutions at a meeting must be approved by a majority of those 
individuals voting. 
9(1)  A quorum is not required for business to be conducted at a 
meeting. 
(2)  When the chair is present at a meeting, the vice-chair, if delegated 
by the chair, may chair the meeting.
(3)  If the chair is unable to be present at a meeting, the chair may 
designate either the vice-chair or a member of the board appointed 
under section 4(1)(a) of the Regulation to act as chair at that meeting.
(4)  A meeting may be adjourned from time to time and from place to 
place, but no business shall be transacted at an adjourned meeting 
other than the business left unfinished at the meeting at which the 
adjournment took place.
(5)  When a meeting is adjourned for 10 days or more, notice of the 
adjourned meeting must be given as in the case of the original meeting.
(6)  Except as provided in these bylaws, it is not necessary to give 
notice of an adjournment or of the business to be transacted at an 
adjourned general meeting.
10(1)  Subject to subsection (2), a resolution at a meeting is passed if, 
where there is a vote by a show of hands, a majority of votes cast by 
those individuals with a right to vote and in attendance signify a vote 
in favour of the resolution.  
(2)  If an individual entitled to vote on a resolution requests a vote to 
be conducted as a recorded vote, either before or promptly after a show 
of hands vote, the vote must be recorded.
(3)  Every member of the representative committee in attendance at the 
meeting when the recorded vote is taken must vote.
(4)  In the case of a recorded vote, the chair must record the names of 
those who voted in favour and the names of those who did not vote in 
favour. 
(5)  The chair must declare to the meeting the decision on every 
resolution in accordance with the result of the vote, and the decision 
must be entered in the record of proceedings of the representative 
committee, together with the information referred to in subsection (4).
(6)  The declarations of the chair under subsection (5) are final.
Part 5 
Election of Board Members
11(1)  The chair must conduct the election of board members referred 
to in section 4(1)(b) of the Regulation.
(2)  If the election is not held at an annual general meeting or at 
another meeting held for the purpose of the election, voting may be by 
a mail-in ballot or through some electronic means as determined by the 
chair.
(3)  For the purpose of electing the board members, the chair must 
establish a nomination process.
(4)  If the number of candidates nominated is the same or less than the 
number to be elected, the chair must declare those candidates to be 
elected to the board of directors.
(5)  If the number of candidates nominated exceeds the number to be 
elected, an election must be conducted.
12(1)  For the purpose of conducting a vote, the chair must appoint an 
individual who, in the opinion of the chair, is independent and 
impartial to supervise the conduct of the election, including the 
counting of ballots.
(2)  The chair must determine the system of voting, such as "first past 
the post" or preferential voting.
(3)  Voting must be by a mode of voting that ensures that how an 
individual votes is kept secret.
(4)  A trustee representative may vote only once for each of the 
individuals the trustee representative chooses to vote for.
(5)  The chair must establish a mechanism to break a tie in the event 
that there is an equality of votes between 2 or more candidates for the 
same office.
Part 6 
Conduct of Ratification Vote
13(1)  The chair must conduct the ratification vote by the trustee 
representatives required under section 11(4) of the Act.
(2)  The ratification vote may be conducted by a vote in person, by 
mail or electronic means, as determined by the board of directors.
(3)  The chair must inform the members of the representative 
committee of the results of the vote and how each trustee 
representative voted.
(4)  The chair must inform the ATA of the results of the vote.
Part 7 
Proceedings of Board of Directors
14(1)  A quorum for a meeting of the board of directors is a majority 
of the members of the board in attendance at the meeting, so long as a 
majority of those in attendance are members appointed under section 
4(1)(a) of the Regulation.
(2)  The board of directors may meet together at any place to conduct 
business, and may otherwise adjourn and regulate their meetings and 
proceedings as they think fit.
(3)  Unless the chair decides otherwise, a board member may 
participate in a meeting of the board of directors or in a meeting of a 
committee of the board by telephone or other communications medium 
if all participants at the meeting are able to hear each other.
15(1)  If the chair is unable to be present at the meeting, the chair must 
designate a member of the board appointed under section 4(1)(a) of the 
Regulation to act as chair of the meeting.
(2)  The chair must convene a meeting of the board of directors as and 
when the chair determines that a meeting is necessary.
16(1)  The chair must provide notice to each board member of each 
meeting, specifying the place, day and time of the meeting and the 
general nature of any business that is to be transacted at that meeting, 
at least 7 days before the meeting. 
(2)  If it is not possible to give at least 7 days' notice of a meeting to 
any board member, notice must be given to that member at the earliest 
opportunity before the meeting.
(3)  The accidental omission to give notice of a meeting to, or, if notice 
was given, the non-receipt of that notice by, a board member does not 
invalidate proceedings at that meeting.
17   For the first meeting of the board of directors held immediately 
following the appointment or election of a board member at an annual 
or other meeting, it is not necessary to give notice of the meeting to the 
newly elected or appointed board member for the meeting to be 
constituted, if a quorum of the board of directors is present.
18(1)  A committee of the board of directors must, in the exercise of 
any powers delegated to it, conform to any requirements imposed on it 
by the board of directors, and must provide a report to the board as 
requested by the chair.
(2)  If at a meeting of a committee of the board of directors the 
individual appointed as chair of that committee is not present, the 
board members present must choose one of the committee members to 
be chair of the meeting.
19   No resolution proposed at a meeting of the board of directors or at 
a meeting of a committee of the board needs to be seconded.
20(1)  Resolutions at a meeting of the board of directors must be 
decided by a majority of those board members voting.
(2)  A resolution in writing, signed by all the board members and 
placed with the minutes of the board of directors, is as valid and 
effective as if regularly passed at a meeting of the board of directors.
Part 8 
Duties of Chair
21(1)  Subject to section 10(2), the chair shall preside at all meetings 
of the representative committee and all meetings of the board of 
directors and is the spokesperson for TEBA.
(2)  The chair or in the absence of the chair the individual chairing the 
meeting is entitled to vote and in the event of a tie vote must cast the 
deciding vote.
Part 9 
Approval of Bylaws
22   Bylaws may be approved by any of the following methods, as 
determined by the board of directors:
	(a)	approval at a meeting of the representative committee;
	(b)	approval by a mail-in process;
	(c)	approval by electronic means.
Part 10 
Notices
23(1)  Any notice permitted or required under the Regulation or these 
bylaws to be given, sent or delivered to a trustee representative, a 
board member or an employer may be given, sent or delivered to the 
trustee representative, board member or employer, as applicable, in 
writing or electronically to the last known address in TEBA's records. 
(2)  Any notices to be given, sent or delivered to TEBA must be in 
writing and must be given, sent or delivered to TEBA at the address 
for notices to TEBA determined from time to time by the board of 
directors.