LABOUR AND IMMIGRATION
Office of the Minister
WHEREAS the Lieutenant Governor in Council made Order in Council 080/2020 under section 52.1(1) of the Public Health Act (PHA) on March 17, 2020 declaring a state of public health emergency in Alberta due to pandemic COVID-19 and the significant likelihood of pandemic influenza;
WHEREAS Order in Council 080/2020 has effect for 90 days following March 17, 2020 under section 52.8(1)(a) of the PHA;
WHEREAS section 52.1(3) of the PHA authorizes the Minister responsible for an enactment (Minister), to make an order without consultation, to:
(a) suspend or modify the application or operation of all or part of an enactment, subject to the terms and conditions the Minister prescribes, or
(b) specify or set out provisions that apply in addition to, or instead of, any provision of an enactment
if the Minister is satisfied that doing so is in the public interest; and
WHEREAS I am satisfied that it is in the public interest to make such an order in respect of the Employment Standards Code (Act) because such an order will:
(a) allow employers to adjust their workforce, in order to implement measures as recommended or directed by the Chief Medical Officer to protect their employees and to limit and control the spread of the pandemic COVID-19; and
(b) provide employers with flexibility to respond to workforce changes required as a result of the pandemic COVID-19;
THEREFORE, I, Jason Copping, Minister of Labour and Immigration responsible for the Employment Standards Code, pursuant to section 52.1(2) of the Public Health Act, do hereby order that:
1. Clause 10 of Labour and Immigration Ministerial Order 18.2020 is repealed and the following is substituted:
10. Clause 9 of this Order applies to:
(a) a layoff where the layoff notice is given to the employee on or after March 17, 2020, and
(b) a layoff as a result of COVID-19 that is underway as of March 17, 2020.
This Order comes into effect on April 6, 2020.
This Order lapses, unless it is sooner continued by an order of the Lieutenant Governor in Council under section 52.811(3) of the PHA, at the earliest of the following:
(a) August 14, 2020;
(b) 60 days after Order in Council 080/2020 is terminated by the Lieutenant Governor in Council, if Order in Council 080/2020 is terminated before June 15, 2020;
(c) when this Order is terminated by the Minister under section 52.811(2) of the PHA because the Minister is satisfied that this Order is no longer in the public interest; or
(d) when this Order is terminated by the Lieutenant Governor in Council under section 52.811(1)(c) of the PHA.
DATED at Edmonton, Alberta this 12th day of May, 2020.
Minister of Labour and Immigration