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.

Section 10 is amended by striking out "March 31, 2016"

and substituting "March 31, 2017".

--------------------------------

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

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

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

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

5000 to 9999

10 000 to 14 999

15 000 to 19 999

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.