Alberta Regulation 28/2017

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: February 16, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 059/2017)

on February 15, 2017 pursuant to sections 16, 17 and 18 of the Government

Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 80/2012) is amended by this Regulation.

Section 3.1 is amended by adding the following after

subsection (5):

(6) Notwithstanding

section 3.2(8), the responsibility for that part of

the public service associated with the parts of the appropriation

transferred under subsection (7) is transferred from the Minister of

Community and Social Services to the Minister of Children's

Services.

(7) Notwithstanding

section 3.2(9), the responsibility for the

administration of the unexpended balance of the following parts of

the 2016-17 Government appropriation for Human Services is

transferred from the Minister of Community and Social Services to

the Minister of Children's Services:

(

a) element 7.2, Child Care Subsidy and Supports, and element

7.3, Child Care Accreditation, of program 7, Child Care;

(

b) element 8.1, Early Intervention and Early Childhood

Development, of program 8, Early Intervention Services for

Children and Youth;

(

c) the portions of program 1, Ministry Support Services, related

to the parts of the appropriation transferred under clauses (

a) and (b).

Section 3.2 is amended by adding the following after

subsection (9):

(10) The responsibility for the Alberta Child Benefit program

and the responsibility for the administration of the unexpended

balance of the statutory appropriation for the Alberta Child

Benefit is transferred to the Minister of Community and Social

Services.

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Alberta Regulation 29/2017

Oil Sands Conservation Act

OIL SANDS CONSERVATION RULES (PEACE RIVER

DIRECTIVE) AMENDMENT REGULATION

Filed: February 22, 2017

For information only: Made by the Alberta Energy Regulator on February 5, 2016

pursuant to

section 20(1) of the Oil Sands Conservation Act.

1 The Oil Sands Conservation Rules (AR 76/88) are

amended by this Regulation.

Section 1(2) is amended by adding the following after

clause (d.12):

(d.13) "Directive 084" means Directive 084: Requirements for

Hydrocarbon Emission Controls and Gas Conservation in the

Peace River Area;

Section 11.1 is amended by adding "and Directive 084, as

applicable" after "Directive 060".

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Alberta Regulation 30/2017

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES (PEACE RIVER

DIRECTIVE) AMENDMENT REGULATION

Filed: February 22, 2017

For information only: Made by the Alberta Energy Regulator on February 5, 2016

pursuant to

section 10 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are

amended by this Regulation.

Section 1.020(2) is amended by adding the following

after definition 5.6:

5.7. "Directive 084" means Directive 084: Requirements for

Hydrocarbon Emission Controls and Gas Conservation in the

Peace River Area;

Section 7.035 is amended by striking out "and Directive

039" and substituting ", Directive 039 and Directive 084, as

applicable".

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Alberta Regulation 31/2017

Reform of Agencies, Boards and

Commissions Compensation Act

REFORM OF AGENCIES, BOARDS AND COMMISSIONS

COMPENSATION REGULATION

Filed: February 24, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 068/2017)

on February 23, 2017 pursuant to sections 5 and 23 of the Reform of Agencies,

Boards and Commissions Compensation Act.

Table of Contents

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,

(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

(

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

333 280

416 600

499 920

Alberta Energy Regulator

CEO

264 480

330 600

396 720

Alberta Innovates

CEO

264 480

330 600

396 720

Alberta Utilities Commission

Chair

264 480

330 600

396 720

The Workers' Compensation Board

President of

the Board

264 480

330 600

396 720

Agriculture Financial Services

Corporation

President and

Managing Director

223 040

262 400

301 760

Alberta Gaming and Liquor Commission

CEO

223 040

262 400

301 760

Alberta Pensions Services Corporation

President & CEO

223 040

262 400

301 760

Alberta Petroleum Marketing

Corporation

CEO

223 040

262 400

301 760

Credit Union Deposit Guarantee

Corporation

CEO

223 040

262 400

301 760

Alberta Enterprise Corporation

President & CEO

184 365

216 900

249 435

Alberta Human Rights Commission

Chief of the

Commission

and Tribunals

184 365

216 900

249 435

Alberta Local Authorities Pension Plan

Corp.

President & CEO

184 365

216 900

249 435

Alberta Utilities Commission

Vice-chair

184 365

216 900

249 435

Appeals Commission under the

Workers' Compensation Act

Chief Appeals

Commissioner

184 365

216 900

249 435

Health Quality Council of Alberta

CEO

184 365

216 900

249 435

Labour Relations Board

Chair

184 365

216 900

249 435

Land Compensation Board

Chair

184 365

216 900

249 435

Natural Resources Conservation Board

Chair

184 365

216 900

249 435

Surface Rights Board

Chair

184 365

216 900

249 435

Travel Alberta

CEO

184 365

216 900

249 435

Alberta Utilities Commission

Member

153 595

180 700

207 805

Balancing Pool

CEO

153 595

180 700

207 805

Energy Efficiency Alberta

CEO

153 595

180 700

207 805

Market Surveillance Administrator

Market Surveillance

Administrator

153 595

180 700

207 805

Alberta Human Rights Commission

Member

130 135

153 100

176 065

Appeals Commission under the

Workers' Compensation Act

Vice-chair

130 135

153 100

176 065

Labour Relations Board

Vice-chair

130 135

153 100

176 065

Land Compensation Board

Vice-chair

130 135

153 100

176 065

Natural Resources Conservation Board

Member

130 135

153 100

176 065

Surface Rights Board

Vice-chair

130 135

153 100

176 065

Appeals Commission under the

Workers' Compensation Act

Appeals

Commissioner

111 775

131 500

151 225

Land Compensation Board

Member

111 775

131 500

151 225

Surface Rights Board

Member

111 775

131 500

151 225