Bill 17 — Third Session, 29Th Legislature, 66 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 17 Fair An D Family-Friendly Workplaces Act (Legislature 29, Session 3)

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Alberta — Bills

2017 Bill 17 Third Session, 29th Legislature, 66 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 17 FAIR AN D FAMILY-FRIENDLY WORKPLACES ACT THE MINISTER OF LABOUR Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 17 BILL 17 2017 FAIR AND FAMILY-FRIENDLY WORKPLACES ACT ( A s s e n t e d t o , 2 0 1 7 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1 Employment Standards Code Amends RSA 2000 cE-9 1 The Employment Standards Code is amended by this Part. 2

Section 1(1) is amended (

a) by renumbering clause (

a) as clause (a.1) and by adding the following before clause (a.1): (a) “administrative penalty” means an administrative penalty required to be paid under

section 123.1(1); (

b) by adding the following after clause (a.1): (a.2) “appeal body” means the appeal body established or designated under

section 69; (a.3) “authorizing or enfo rcement instrument” means a permit, an order of an officer, an order of the Director, a decision of an appeal body, a variance or an exemption under

section 74 or 74.1, a notice of an officer under

section 77 or 78.1, a direction under

section 79, a single employer declaration under

section 80 and a director’s certificate under

section 112;

1 Explanatory Notes Explanatory Notes

Part 1 Employment Standards Code 1 Amends

chapter E-9 of the Revised Statutes of Alberta 2000. 2

Section 1 presently reads in part: 1(1) In this Act, (a) “agreement” includes a collective agreement; (b) “average daily wage” means (

i) for employees who have been employed by the same employer for 9 work weeks or more immediately preceding a general holiday, the employee’s daily wage averaged over the days worked during the 9 weeks, or (ii) for employees who have been employed by the same employer for less than 9 work weeks immediately preceding a general holiday, the employee’s daily wage averaged over the days worked during the employee’s employment with the employer;

2 (

c) by repealing clause (

b) and substituting the following: (b) “average daily wage” means 5% of an employee’s wages, vacation pay and general holiday pay earned in the 4 weeks immediately preceding a general holiday; (

d) in clause (

c) by striking out “given” and substituting “served”; (

e) by repealing clause (d.1); (

f) by repealing clause (f); (

g) by repealing clause (o); (

h) by adding the following after clause (q): (q.1) “notice of administrativ e penalty” means a notice served under

section 123.1(1); (

i) by adding the following after clause (s): (s.1) “overtime hours” means overtime hours determined in accordance with

section 21; (s.2) “overtime rate” means the hourly rate of pay for overtime hours; (

j) by repealing clause (t.2); (

k) by adding the following before clause (u): (t.3) “termination notice period” means the period commencing from the date the termination notice is given by the employer or the employee and ending on the date the employment terminates; (

l) by repealing clause (w). 3

Section 2 is amended (

a) in subsection (1) by striking out “section” and substituting “Part”;

2 Explanatory Notes (c) “collection notice” means a notice given by the Director under

section 122; (d.1) “compassionate care leave” means the rights and obligations described in

Part 2, Division 7.2; (o) “maternity and parental leave” means the rights and obligations described in

Part 2, Division 7; (q) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (s) “overtime agreement” me ans an agreement between an employer and employees under

section 23; (t.2) “reservist leave” means th e rights and obligations described in

Part 2, Division 7.1; (w) “umpire” means an umpi re appointed under

section 69; 3

Section 2 presently reads: 2(1) This Act applies to all employers and employees, including the Crown in right of Alberta and its employees, except as otherwise provided in this section.

3 (

b) in subsection (2) by striking out “maternity and parental leave, reservist leave or compassionate care leave” and substituting “leaves under Divisions 7 to 7.6”; (

c) by repealing subsections (3) and (4).

3 Explanatory Notes

(2) Except for provisions relating to maternity and parental leave, reservist leave or compassionate care leave and other provisions of this Act necessary to give effect to those provisions, this Act does not apply to (

a) employees who are members of a municipal police service appointed pursuant to the Police Act and their employers with respect to the employment of those employees, or (

b) employees and employers to th e extent that another Act states that this Act or a provision of it does not apply to them.

(3) The following Divisions and regulations do not apply to employees and employers specified in subsection (4): (

a) Part 2, Division 3, Hours of Work; (

b) Part 2, Division 4, Overtime and Overtime Pay; (

c) Part 2, Division 5, Gene ral Holidays and General Holiday Pay; (

d) Part 2, Division 6, Vacations and Vacation Pay; (

e) Part 2, Division 9, Restri ction on Employment of Children and regulations made under

section 138(1)(e), prohibiting or regulating the employment of individuals under 18 years of age; (

f) regulations under

section 138(1)(

d) respecting vacations, vacation pay, general holidays and general holiday pay; (

g) regulations under

section 138(1)(

f) respecting the minimum wage.

(4) The Divisions and regulations specified in subsection (3) do not apply to employees employed on a farm or ranch whose employment is directly related to (

a) the primary production of e ggs, milk, grain, seeds, fruit, vegetables, honey, livestock, diversified livestock animals within the meaning of the Livestock Industry Diversification Act, poultry or bees, or (

b) any other primary agricultu ral operation specified in the regulations,

4 4 The following is added after

section 2: Farm and ranch exemptions 2.1(1) The following do not apply to employees who are employed in a farming or ranching operation referred to in subsection (4) or to their employer while acting in the capacity of employer of those employees: (

a) sections 16 and 18 of

Part 2, Division 3, Hours of Work; (

b) Part 2, Division 4, Overtime and Overtime Pay.

(2) Despite subsection (1), this Act does not apply to employees described in subsection (3) who are employed in a farming or ranching operation referred to in subsection (4) or to their employer while acting in the capacity of employer of those employees.

(3) The following are employees that are described for the purpose of subsection (2): (

a) an employee who is a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family; (

b) an employee who is a family member of a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family; (

c) an employee who is a family member of a sole proprietor engaged in a farming or ranching operation; (

d) an employee who is a family member of a partner in a partnership engaged in a farming or ranching operation where all partners are family members of the same family.

(4) For the purposes of subsections (1) and (2) an employee is employed in a farming or ranching operation if the employee’s employment is directly related to

4 Explanatory Notes or to their employer while acting in the capacity as employer. 4 Farm and ranch exemptions; Exemptions, modifications and substitutions.

5 (

a) the primary production of eggs, milk, grain, seeds, fruit, vegetables, honey, livestock, diversified livestock animals within the meaning of the Livestock Industry Diversification Act, poultry or bees, or (

b) any other primary agricultural operation specified in the regulations.

(5) In this section, “family member”, in relation to a shareholder, sole proprietor or partner, means (

a) the spouse or adult interdependent partner of the shareholder, sole proprietor or partner, or (

b) whether by blood, marriage or adoption or by virtue of an adult interdependent relationship, a child, parent, grandparent, sibling, aunt, uncle, niece, nephew or first cousin of the shareholder, sole proprietor or partner or of the shareholder’s, sole proprietor’s or partner’s spouse or adult interdependent partner, and includes any other person who is a member of a class of persons designated in the regulations under the Employment Standards Code. Exemptions, modifications and substitutions 2.2 Despite anything in this Act, regulations under

section 138 may (

a) exempt an employment, employer or employee from

Part 2 or any provision of it, and (

b) vary or substitute any provision of

Part 2 in respect of an employment, employer or employee. 5

Section 3 is amended (

a) in subsection (1)(b)(

i) by striking out “maternity and parental leave, reservist leave, compassionate care leave” and substituting “leaves of the types described in Divisions 7 to 7.6”; (

b) in subsection (2) by striking out “, maternity and parental leave, reservist leave or compassionate care leave” and

5 Explanatory Notes 5

Section 3 presently reads: 3(1) Nothing in this Act affects (

a) any civil remedy of an employee or an employer; (

b) an agreement, a right at common law or a custom that

6 substituting “or leaves of the types described in Divisions 7 to 7.6”; 6

Section 6 is repealed. 7 The following is added after

section 8: Payment of minimum wage 8.1 An employer must pay an employee at a wage rate that is at least the minimum wage established by regulation. 8

Section 9(1)(

a) is amended by adding “or

section 137(1) if that

section applies” after “section 56”.

6 Explanatory Notes (

i) provides to an employee earnings, maternity and parental leave, reservist leave, compassionate care leave or other benefits that are at least equal to those under this Act, or (ii) imposes on an employer an obligation or duty greater than that under this Act.

(2) If under an agreement an employee is to receive greater earnings, maternity and parental leave, reservist leave or compassionate care leave than those for which this Act provides, the employer must give those greater benefits. 6

Section 6 presently reads: 6 Despite anything in this Act, the regulations under

section 138 may (

a) exempt an employment, employer or employee from

Part 2 or any provision of it, and (

b) modify or substitute any prov ision of

Part 2 in respect of an employment, employer or employee. 7 Payment of minimum wage. 8

Section 9 presently reads: 9(1) When an employer terminates an employee’s employment by (

a) a termination no tice under

section 56, (

b) termination pay under

section 57(1) instead of a termination notice, or (

c) a combination of a termi nation notice and termination pay under

section 57(2), the employer must pay the employee’s earnings not later than 3 consecutive days after the last day of employment.

(2) When an employer terminates an employee’s employment and no termination notice or termination pay is required to be given, the

7 9

Section 12 is repealed and the following is substituted: Deductions from earnings 12(1) An employer must not deduct, set off against or claim from the earnings of an employee any sum of money unless allowed to do so by subsection (2).

(2) An employer may deduct from the earnings of an employee a sum of money that is (

a) permitted or required to be deducted by

an Act or regulation, including a regulation under this Act, or a judgment or order of a court, (

b) authorized to be deducted by a collective agreement that is binding on the employee, or (

c) personally authorized in writing by the employee to be deducted.

(3) Despite an authorization in a collective agreement or a written authorization by an employee, an employer must not deduct from earnings a sum for (

a) faulty work, as defined in the regulations, of the employee or damage caused by the employee, (

b) cash shortages or loss of property if an individual other than the employee had access to the cash or property, (

c) cash shortages resulting from a failure to collect all or any part of the purchase price from a purchaser, or (

d) any other circumstance specified by the regulations. 10

Section 14 is amended (

a) in subsection (1) by adding the following after clause (e):

7 Explanatory Notes employer must pay the employee’s earnings not later than 10 consecutive days after the last day of employment. 9

Section 12 presently reads: 12(1) An employer must not deduct, set off against or claim from the earnings of an employee any sum of money, unless allowed to do so by subsection (2).

(2) An employer may deduct from the earnings of an employee a sum of money that is (

a) permitted or required to be deducted by an enactment or a judgment or order of a court, (

b) authorized to be deducted by a collective agreement that is binding on the employee, or (

c) personally authorized in wr iting by the employee to be deducted.

(3) Despite an authorization in a collective agreement or a written authorization by an employee, an employer may not deduct from earnings a sum for (

a) faulty workmanship, or (

b) cash shortages or loss of pr operty if an individual other than the employee had access to the cash or property. 10

Section 14 presently reads: 14(1) Every employer must keep an up-to-date record of the following information for each employee:

8 (

f) any other information required by the regulations. (

b) by repealing subsection (4)(

f) to (

g) and substituting the following: (

f) copies of documentation relating to a leave under Divisions 7 to 7.6; (f.1) copies of overtime agreements under

section 23; (f.2) copies of hours of wo rk averaging agreements under

section 23.1; (f.3) copies of parental consents under Division 9; (f.4) copies of agreements under

section 61.1(1); (f.5) copies of permits issued under this Act and the regulations, ` (f.6) copies of exemptions or variances issued under

section 74 and 74.1, (f.7) any other information required by the regulations; (

g) copies of any layoff no tices or recall notice after a temporary layoff; (

h) copies of any termination notices. (

c) by adding the following after subsection (5):

(6) No employer, employee or other person shall falsify an employment record or give any false or misleading information in respect of employment records.

8 Explanatory Notes (

a) regular and overtime hours of work; (

b) wage rate and overtime rate; (

c) earnings paid showing separ ately each component of the earnings for each pay period; (

d) deductions from earnings and the reason for each deduction; (

e) time off instead of over time pay provided and taken.

(2) At the end of each pay period, an employer must provide a written statement to each employee setting out, in respect of the employee, (

a) the information described in subsection (1), and (

b) the period of employment covered by the statement.

(3) The hours of work of an employee, maintained by an employer under subsection (1)(a), must be recorded daily.

(4) An employer must keep an up-to-date record of the following additional information for each employee: (

a) name, address and date of birth; (

b) the date that the present period of employment started; (

c) the date on which a general holiday is taken; (

d) each annual vacation, showing the date it started and finished and the period of employment in which the annual vacation was earned; (

e) the wage rate and overtime rate when employment starts, the date of any change to wage rates or overtime rates, and particulars of every change to them; (

f) copies of documentation relating to maternity and parental leave; (f.1) copies of documentation relating to reservist leave; (f.2) copies of documentation relating to compassionate care leave;

9 11

Section 16(1) is repealed and the following is substituted: Hours of work confined 16(1) An employer must confine an employee’s hours of work within a period of 12 consecutive hours in any one work day unless an accident occurs, urgent work is necessary to a plant or machinery, or other unforeseeable or unpreventable circumstances occur. 12

Section 18 is repealed and the following is substituted: Rest periods 18(1) An employer must provide each employee who works 5 hours or more with at least 30 minutes of rest, whether paid or unpaid, within every 5 consecutive hours of work unless (

a) an accident occurs, urgent work is necessary or other unforeseeable or unpreventable circumstances occur, (

b) different rest provisions are agreed to pursuant to a collective agreement, or (

c) it is not reasonable for the employee to take a rest period.

(2) If an employer and an employee agree, each rest period under subsection (1) may be taken in 2 periods of at least 15 minutes.

9 Explanatory Notes (

g) copies of any termination notice and of written requests to employees to return to work after a temporary layoff.

(5) On request, an employer must give to an employee a detailed statement of how the employee’s earnings were calculated and the method of calculating any bonus or living allowance paid, whether or not it forms part of wages. 11

Section 16(1) presently reads: 16(1) An employee’s hours of work must be confined within a period of 12 consecutive hours in any one work day, unless (

a) an accident occurs, urgent wo rk is necessary to a plant or machinery or other unforeseeable or unpreventable circumstances occur, or (

b) the Director issues a pe rmit authorizing extended hours of work. 12

Section 18 presently reads: 18 Every employer must allow each employee a total of at least 30 minutes of rest, whether paid or unpaid, during each shift in excess of 5 consecutive hours of work unless (

a) an accident occurs, urgent work is necessary or other unforeseeable or unpreventable circumstances occur, (

b) different rest provisions are agreed to pursuant to a collective agreement, or (

c) it is not reasonable for the em ployee to take a rest period.

10 13

Section 20 is repealed. 14

Section 22(1) is repealed and the following is substituted: Overtime pay 22(1) An employer must pay an employee overtime pay for overtime hours at an overtime rate that is at least 1.5 times the employee’s wage rate. 15

Section 23 is amended (

a) by adding the following after subsection (1):

(1.1) An agreement under subsection (1) applies to an employee in a group of employees bound by the agreement whether or not the employee was employed by the employer at the time the agreement was entered into. (

b) in subsection (2) (

i) by repealing clause (

a) and substituting the following:

10 Explanatory Notes 13

Section 20 presently reads: 20(1) An employer may require or permit an employee to work a compressed work week, consisting of fewer work days in the work week and more hours of work in a work day paid at the employee’s regular wage rate.

(2) A compressed work week must be scheduled in advance and the

schedule must meet the following requirements: (

a) if the compressed work week is part of a cycle, the

schedule must show all the work weeks that make up the cycle; (

b) the maximum hours of work that an employee may be scheduled to work in a work day is 12 hours; (

c) the maximum hours of work that an employee may be scheduled to work in a compressed work week is 44 hours; (

d) if the compressed work week is part of a cycle, clause (

c) does not apply and the maximum average weekly hours of work that an employee may be scheduled to work in the work weeks that are part of the cycle is 44 hours. 14

Section 22(1) presently reads: 22(1) An employer must pay an employee overtime pay of at least 1.5 times the employee’s wage rate for overtime hours. 15

Section 23 presently reads: 23(1) An employee or the majority of a group of employees may enter into an overtime agreement (

a) as part of a co llective agreement, or (

b) if there is no collective agreement, in a written agreement between the employee or group of employees and the employer,

11 (

a) instead of overtime pay, time off, calculated at 1.5 hours off for each hour of overtime, with 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; (ii) in clause (

b) by adding “at an overtime rate” after “paid overtime pay”; (iii) by repealing clause (

c) and substituting the following: (

c) instead of overtime pay, time off with pay will be provided, taken and paid to the employee within 6 months of the end of the pay period in which it was earned unless the agreement is part of a collective agreement and the collective agreement provides for a longer period within which the time off with pay is to be provided and taken; (

c) by adding the following after subsection (3):

(4) An employer must comply with an overtime agreement entered into under this section. 16 The following is added after

section 23: Hours of work averaging agreements 23.1(1) Subject to the regulations, an employee or a group of employees may enter into an hours of work averaging agreement that provides that the employer will average an employee’s hours of work over a period of one to 12 weeks for the purpose of determining the employee’s entitlement to overtime pay or, instead of overtime pay, time off with pay.

11 Explanatory Notes that provides that, wholly or partly instead of overtime pay, the employer will provide, and the employee or group of employees will take, time off with pay instead of overtime pay.

(2) An agreement referred to in subsection (1) is deemed to include at least the following provisions: (

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) if time off with pay instead of overtime pay is not provided, taken and paid in accordance with clause (a), the employee will be paid overtime pay of at least 1.5 times the employee’s wage rate for the overtime hours worked; (

c) time off with pay instead of overtime pay will be provided, taken and paid to the employee within 3 months of the end of the pay period in which it was earned unless (

i) the agreement is part of a collective agreement and the collective agreement provides for a longer period within which the time off with pay is to be provided and taken, or (ii) the Director issues a pe rmit authorizing an agreement that provides for a longer period within which the time off with pay is to be provided and taken; (

d) no amendment or terminatio n of the agreement is to be effective without at least one month’s written notice given by one party to the agreement to the other.

(3) An employer must provide a copy of the overtime agreement to each employee affected by it. 16 Hours of work averaging agreements.

(2) An hours of work averaging agreement under this

section may be part of a collective agreement, or if there is no collective agreement, be in a written agreement between an employer and (

a) an employee, or (

b) a group of employees wher e the majority of the group agrees.

(3) An agreement under subsection (1) must (

a) be in writing, (

b) provide a start date and end date, which must provide for a term that does not exceed 2 years, except that in the case of an agreement that is part of a collective agreement, the agreement terminates the day a subsequent collective agreement is entered into, (

c) specify the number of weeks over which hours will be averaged, which must not exceed 12 weeks unless authorized by a permit issued by the Director, (

d) specify the scheduled daily and weekly hours of work, which must not exceed (i) 12 hours per day, and (ii) 44 hours per week if the agreement specifies a one-week period, or an average of 44 hours per week if the agreement specifies a period of more than one week; (

e) specify the manner in which overtime pay and time off with pay instead of overtime pay will be calculated as provided for in the regulations.

(4) An agreement under subsection (1) applies to an employee in a group of employees bound by the agreement whether or not the employee was employed by the employer at the time the agreement was entered into.

12 Explanatory Notes

(5) The employer must provide every employee to which the agreement applies a copy of the agreement in accordance with the regulations.

(6) No employer who is a party to an agreement under subsection (1) shall fail to pay overtime in accordance with the agreement or otherwise fail to comply with the agreement.

(7) The Director may, subject to and in accordance with the regulations, cancel an agreement under subsection (1) and must notify the employer of the cancellation.

(8) An employer may appeal the decision of the Director under subsection (7) to an appeal body.

(9) A compressed work week arrangement entered into before the repeal of

section 20 that is in effect when this

section comes into force remains valid (

a) until the earlier of the following: (

i) one year after the date this

section comes into force; (ii) the termination of the compressed work week arrangement, or (

b) in the case of a compressed work week agreement made as part of a collective agreement, the day a subsequent collective agreement is entered into. 17

Section 26 is repealed and the following is substituted: Eligibility for general holiday pay 26 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

13 Explanatory Notes 17

Section 26 presently reads: 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

14 preceding, or the employ ee’s first regular work day following, a general holiday. 18

Section 27 is repealed. 19

Section 28 is repealed and the following is substituted: General holiday pay — not working 28 If an employee does not work on a 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. 20

Section 29 is repealed and the following is substituted: General holiday pay — working 29 If an employee works on a 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

14 Explanatory Notes (

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. 18

Section 27 presently reads: 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. 19

Section 28 presently reads: 28 If (

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

b) an 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. 20

Section 29 presently reads: 29 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

15 (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. 21

Section 30 is repealed 22 The following is added after

section 33: General holiday pay on termination 33.1(1) If an employee has not taken a holiday to which the employee is entitled under

section 29(b)(ii) and (

a) the employment of the employee is terminated by the employer, the employee is entitled to be paid general holiday pay calculated under

section 29(

a) less the amount paid to the employee under

section 29(b)(i), or

15 Explanatory Notes (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. 21

Section 30 presently reads: 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. 22 General holiday pay on termination.

16 (

b) the employment of the employee is terminated by the employee, the employee is entitled to be paid at least the employee’s average daily wage.

(2) If the employment of an employee is terminated and at the time of termination a general holiday has not been taken under

section 31(2), the employer must pay the employee an amount that is at least the employee’s average daily wage for each general holiday not taken. 23

Section 34 is amended by striking out “An employee becomes entitled to an annual vacation of at least” and substituting “An employer must provide an annual vacation to an employee of at least”. 24 The following is added after

section 34: Vacation pay for employee paid monthly 34.1 For each week of vacation, the employer must pay an employee paid by the month vacation pay of an amount at least equal to the employee’s wages for the employee’s normal hours of work in a work month divided by 4 1/3. Vacation pay for employee paid other than monthly 34.2 The employer must pay an employee who is not paid by the month vacation pay of an amount at least equal to, (

a) for an employee entitled to 2 weeks’ vacation or any lesser amount, 4% of the employee’s wages for the year of employment for which vacation is given, or (

b) for an employee entitled to 3 weeks’ vacation, 6% of the employee’s wages for the year of employment for which vacation is given.

16 Explanatory Notes 23

Section 34 presently reads: 34 An employee becomes entitled to an annual vacation of at least (a) 2 weeks after each of the first 4 years of employment, and (b) 3 weeks after 5 consecutive years of employment and each year of employment after that, unless

section 35 applies. 24 Vacation pay for employee paid monthly; vacation pay for employee paid other than monthly.

17 25

Section 36 is amended by striking out “3 months” and substituting “90 days”. 26

Section 37(2) is amended by striking out “one day” and substituting “one-half day”. 27

Section 39 is repealed. 28

Section 40 is repealed. 29

Section 45 is repealed and the following is substituted: Entitlement to maternity leave 45 A pregnant employee who has been employed by the same employer for at least 90 days is entitled to unpaid maternity leave.

17 Explanatory Notes 25

Section 36 presently reads: 36 When it is necessary to determine whether an employee has been employed by an employer for 5 years of employment, or to determine whether the 6th common anniversary date has occurred, any break in the employee’s employment with the employer of less than 3 months is to be counted as a period of continuous employment. 26

Section 37(2) presently reads:

(2) If an employee so requests in writing, the employer may provide the vacation in two or more periods, so long as each vacation period is at least one day long. 27

Section 39 presently reads: 39 For each week of vacation, the employer must pay an employee paid by the month vacation pay of an amount at least equal to the employee’s wages for the employee’s normal hours of work in a work month divided by 4 1/3. 28

Section 40 presently reads: 40 The employer must pay an employee who is not paid by the month vacation pay of an amount at least equal to, (

a) for an employee entitled to 2 weeks’ vacation or any lesser amount, 4% of the employee’s wages for the year of employment for which vacation is given, or (

b) for an employee entitled to 3 weeks’ vacation, 6% of the employee’s wages for the year of employment for which vacation is given. 29

Section 45 presently reads: 45 A pregnant employee who has been employed by an employer for at least 52 consecutive weeks is entitled to maternity leave without pay.

18 30

Section 46 is amended (

a) by striking out “15 weeks” and substituting “16 weeks”; (

b) by adding the following after subsection (1):

(1.1) A pregnant employee whose pregnancy ends other than as a result of a live birth within 16 weeks of the estimated due date is entitled to maternity leave under this Division. 31

Section 50(1) is repealed and the following is substituted: Parental leave 50(1) Subject to subsection (2), an employer must grant parental leave to an employee as follows: (

a) in the case of an employee entitled to maternity leave under this Division other than an employee described in

section 46(1.1), a period of not more than 37 consecutive weeks immediately following the last day of maternity leave; (

b) in the case of a parent who has been employed by the same employer for at least 90 days, a period of not more than 37 consecutive weeks within 53 weeks after the child’s birth; (

c) in the case of an adoptive parent who has been employed by the same employer for at least 90 days, a period of not more than 37 consecutive weeks within 53 weeks after the child is placed with the adoptive parent for the purpose of adoption. 32

Section 52(1) is repealed and the following is substituted: Termination of employment prohibited during maternity leave and parental leave 52(1) No employer may terminate the employment of, or lay off,

18 Explanatory Notes 30

Section 46 presently reads: 46(1) The maternity leave to which a pregnant employee is entitled is a period of not more than 15 weeks starting at any time during the 12 weeks immediately before the estimated date of delivery.

(2) An employee who takes maternity leave must take a period of leave of at least 6 weeks immediately following the date of delivery, unless the employee and her employer agree to shorten the period by the employee’s giving her employer a medical certificate indicating that resumption of work will not endanger her health. 31

Section 50(1) presently reads: 50(1) Subject to subsection (2), an employer must grant parental leave to an employee as follows: (

a) in the case of an employee entitled to maternity leave under this Division, a period of not more than 37 consecutive weeks immediately following the last day of maternity leave; (

b) in the case of a parent who has been employed by the employer for at least 52 consecutive weeks, a period of not more than 37 consecutive weeks within 52 weeks after the child’s birth; (

c) in the case of an adoptive par ent who has been employed by the employer for at least 52 consecutive weeks, a period of not more than 37 consecutive weeks within 52 weeks after the child is placed with the adoptive parent for the purpose of adoption. 32

Section 52(1) presently reads: 52(1) No employer may terminate the employment of, or lay off, an employee who

19 (

a) an employee who has started maternity or parental leave, or (

b) an employee because the employee is entitled to maternity or parental leave. 33

Section 53.9 is repealed and the following is substituted: Compassionate care leave 53.9(1) In this Division, (a) “common-law partner” means a person who at the relevant time cohabits in a conjugal relationship with the employee and has so cohabited with the employee for a continuous period of at least one year; (b) “family member”, in relation to an employee, means (

i) a spouse or common-law partner of the employee, (ii) a child of the employee or a child of the employee’s spouse or common-law partner, (iii) a parent of the employee or a spouse or common-law partner of the parent, and (iv) any other person who is a member of a class of persons designated in the regulations for the purpose of this definition; (c) “physician” means a phys ician who provides care to a family member and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided.

(2) Subject to this section, an employee who has been employed by the same employer for at least 90 days is entitled to unpaid compassionate care leave for a period of up to 27 weeks for the purpose of providing care or support to a seriously ill family member.

19 Explanatory Notes (

a) has started her maternity leave, or (

b) is entitled to or has started parental leave. 33

Section 53.9 presently reads: 53.9 In this division, (a) “common-law partner” means a person who at the relevant time cohabits in a conjugal relationship with the employee and has so cohabited with the employee for a continuous period of at least one year; (b) “family member”, in re lation to an employee, means (

i) a spouse or common-law partner of the employee, (ii) a child of the employee or a child of the employee’s spouse or common-law partner, (iii) a parent of the employee or a spouse or common-law partner of the parent, and (iv) any other person who is a member of a class of persons designated in the regulations for the purpose of this definition; (c) “physician” means a physician who provides care to a family member and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided; (d) “primary caregiver” means an individual who has primary responsibility for providing care or support to a seriously ill family member for that family.

(2) Subject to subsections (3) to (7), an employee who has completed at least 52 consecutive weeks with an employer is entitled to compassionate care leave of up to 8 weeks to provide care or support to a seriously ill family member if the employee is the primary caregiver.

(3) If more than one employee who is employed by the same employer is entitled to compassionate care leave with respect tothe same family member, the employer is not required to grant the leave to more than one employee at a time.

(4) The employee must provide to the employer a medical certificate issued by a physician stating that (

a) the family member, named in the certificate, has a serious medical condition with a significant risk of death within 26 weeks from (

i) the day the certificate is issued, or (ii) if the leave was begun before the certificate was issued, the day the leave began, and (

b) the family member requires the care or support of one or more family members.

(5) The employee must provide a copy of the medical certificate under subsection (4) before commencing compassionate care leave unless the employee is unable to do so, in which case the employee must provide the certificate as soon as is reasonable and practicable in the circumstances.

(6) An employee who wishes to take compassionate care leave must give the employer at least 2 weeks’ written notice, which notice must also include the estimated date of the employee’s return to work, unless a shorter notice period is necessary in the circumstances, in which case the notice must be provided as soon as is reasonable and practicable in the circumstances.

(7) The employee must inform his or her employer of any change in the estimated date of returning to work.

(8) Compassionate care leave may be taken in one or more periods but no period may be less than one week’s duration.

(9) Compassionate care leave ends on the earliest of the following occurrences:

20 Explanatory Notes

(3) For an employee to be eligible for leave, a physician must issue a certificate stating that (

a) a family member of the employee has a serious medical condition with a significant risk of death within 26 weeks from (

i) the day the certificate is issued, or (ii) if the leave was begun befo re the certificate was issued, the day the leave began, and (

b) the family member requires the care or support of one or more family members.

(4) An employee who wishes to take a leave under this

section must give the employer notice of at least 2 weeks, unless circumstances necessitate a shorter period.

(5) Except in emergency situations, the employee must give the employer a copy of the physician’s certificate prior to commencing compassionate care leave.

(6) An employee may take up to 2 periods of compassionate care leave totalling no more than 8 weeks, but any second period of leave must end no later than 26 weeks after the first period of leave began.

(7) No period of leave may be less than one week’s duration.

21 (

a) the last day of the work week in which the family member named in the medical certificate referred to in subsection (4) dies; (

b) the 27 weeks of compassionate care leave ends; (

c) the last day of the work week in which the employee ceases to provide care or support to the seriously ill family member. 34

Section 53.92 is repealed and the following is substituted: Notice to return to work 53.92(1) If an employee has been on compassionate care leave, he or she must provide at least 48 hours’ written notice of the date the employee intends to return to work unless the employer and the employee agree otherwise.

(2) When an employee returns to work under this section, the employer must (

a) reinstate the employee in the position occupied when the leave started, or (

b) provide the employee w ith alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the leave started.

(3) An employee who does not wish to resume employment after the leave ends must give the employer at least 2 weeks’ written notice of the employee’s intention to terminate employment.

21 Explanatory Notes 34

Section 53.92 presently reads: 53.92(1) If an employee has been on compassionate care leave, he or she must provide 2 weeks’ written notice of the date the employee intends to resume work.

(2) Notwithstanding subsection (1), nothing precludes an employer and an employee from agreeing in writing to a return to work date on less than 2 weeks’ notice.

(3) If an employee fails to comply with subsection (1) or (2), the employer may postpone the employee’s return to work for a period of up to 4 weeks after the day on which the employee notifies the employer of the employee’s intention to resume work.

(4) If the employer informs the employee in writing that the employee’s return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

(5) During the period of postponement, the employee is deemed to continue to be on compassionate care leave.

(6) Where an employee is entitled to resume work under this section, the employer must (

a) reinstate the employee in the position occupied when the compassionate care leave started, or (

b) provide the employee with alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the compassionate care leave started.

22 35 The following is added after

section 53.94: Division 7.3 Death or Disappearance of Child Leave Death or disappearance of child leave 53.95(1) In this Division, (a) “child” means a person who is under 18 years of age; (b) “common-law partner” has the same meaning as in

section 53.9(1)(a); (c) “crime” means an offence under the Criminal Code (Canada); (d) “parent” means (

i) a parent of a child, (ii) the spouse or common-law partner of a parent of a child, (iii) a person with whom a child has been placed for the purposes of adoption, (iv) the guardian or a foster parent of a child, or (

v) a person who has the ca re, custody or control of a child whether or not they are related by blood or adoption.

(2) Subject to this section, an employee who has been employed by the same employer for at least 90 days is entitled to an unpaid leave as follows: (

a) a period of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime, or

22 Explanatory Notes

(7) An employee who does not wish to resume employment after compassionate care leave must give the employer at least 2 weeks’ written notice of intention to terminate employment. 35 Division 7.3, Death or Disappearance of Child Leave; Division 7.4, Critical Illness of Child Leave; Division 7.5, Long-term Illness and Injury Leave; Division 7.6, Other Leaves.

23 (

b) a period of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

(3) An employee is not entitled to death or disappearance of child leave if he or she is charged with the crime that resulted in the death or disappearance of the child.

(4) The employee must provide the employer with reasonable verification of the employee’s entitlement to the leave as soon as is reasonable and practicable in the circumstances.

(5) The period during which an employee may take death or disappearance of child leave (

a) begins on the day on which the death or disappearance, as the case may be, occurs, and (

b) ends, subject to subsections (8) to (10), (

i) in the case of leave un der subsection (2)(a), 52 weeks after the day on which the disappearance occurs, or (ii) in the case of leave under subsection (2)(b), 104 weeks after the day on which the death occurs.

(6) An employee who wishes to take death or disappearance of child leave must give the employer written notice as soon as is reasonable and practicable in the circumstances, which notice must include the estimated date of the employee’s return to work.

(7) The employee must inform his or her employer of any change in the estimated date of returning to work.

(8) In the case of a child who disappears and who is subsequently found, the period referred to in subsection (5) ends (

a) if the child is found alive, 14 days after the day on which the child is found but no later than the end of the 52-week period, or

23 Explanatory Notes

24 (

b) if the circumstances in subsection (2)(

b) apply, 104 weeks after the day on which the disappearance occurred.

(9) For greater certainty, death or disappearance of child leave ends on the day on which the circumstances are such that it is no longer probable that the death or disappearance was the result of a crime.

(10) If an employee takes death or disappearance of child leave and is charged with the crime, leave ends on the day on which the employee is charged. Termination of employment 53.951(1) No employer may terminate the employment of, or lay off, an employee who has started death or disappearance of child leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.953 continues to apply. Notice to return to work 53.952(1) If an employee has been on death or disappearance of child leave, he or she must provide at least 48 hours’ written notice of the date the employee intends to return to work unless the employer and the employee agree otherwise.

(2) When an employee returns to work under this section, the employer must (

a) reinstate the employee in the position occupied when the death or disappearance of child leave started, or (

b) provide the employee w ith alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the death or disappearance of child leave started.

24 Explanatory Notes

(3) An employee who does not wish to resume employment after the leave ends must give the employer at least 2 weeks’ written notice of the employee’s intention to terminate employment. Suspension of operations 53.953 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during the employee’s death or disappearance of child leave and the employer has not resumed operations when the leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the time the leave started at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee w ith alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s leave started, with no loss of seniority or other benefits accrued to the employee. Leave and vacation conflict 53.954 Notwithstanding

section 37(1), if an employee is on death or disappearance of child leave on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a later date, by that later date. Division 7.4 Critical Illness of Child Leave Critical illness of child leave 53.96(1) In this Division, (a) “child” means a person who is under 18 years of age; (b) “common-law partner” has the same meaning as in

section 53.9(1)(a); (c) “parent” means

25 Explanatory Notes

26 (

i) a parent of a child, (ii) the spouse or common-law partner of a parent of a child, (iii) a person with whom a child has been placed for the purposes of adoption, (iv) the guardian or a foster parent of a child, or (

v) a person who has the ca re, custody or control of a child whether or not they are related by blood or adoption; (d) “physician” means a physic ian who provides care to the child and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided.

(2) Subject to this section, an employee who has been employed by the same employer for at least 90 days and is a parent of a critically ill child is entitled to an unpaid critical illness of child leave of up to 36 weeks for the purpose of providing care or support to the child.

(3) If more than one employee who is employed by the same employer is entitled to critical illness of child leave with respect to the same child, the employer is not required to grant the leave to more than one employee at a time.

(4) If more than one child of the employee is critically ill as a result of the same event, the period during which the employee may take critical illness of child leave (

a) begins on the earlier of the dates specified in subsection (5)(

b) and (

d) on the first medical certificate issued in respect of any of the children that are critically ill, and (

b) ends on the earliest of the following occurrences: (

i) the last day of the work week in which the last of the critically ill children dies; (ii) the expiry of 36 weeks following the date leave began under clause (a);

26 Explanatory Notes

27 (iii) the expiry of the la test period referred to in subsection (5)(

c) on the medical certificates for the critically ill children; (iv) the last day of the work week in which the employee ceases to provide care or support to the last of the critically ill children.

(5) The employee must provide to the employer a medical certificate issued by a physician stating (

a) that the child is a critically ill child and requires the care or support of one or more parents; (

b) the start date of the period during which the child requires that care or support; (

c) the end date of the period during which the child requires that care or support; (

d) if the leave was begun before the certificate was issued, the day leave began.

(6) The employee must provide a copy of the medical certificate under subsection (5) before commencing critical illness of child leave unless the employee is unable to do so, in which case the employee must provide the certificate as soon as is reasonable and practicable in the circumstances.

(7) An employee who wishes to take critical illness of child leave must give the employer at least 2 weeks’ written notice, which notice must also include the estimated date of the employee’s return to work, unless a shorter notice period is necessary in the circumstances, in which case the notice must be provided as soon as is reasonable and practicable in the circumstances.

(8) The employee must inform his or her employer of any change in the estimated date of returning to work.

(9) Subject to subsection (4), critical illness of child leave may be taken in one or more periods, but no period may be less than one week’s duration.

27 Explanatory Notes

(10) Critical illness of child leave ends on the earliest of the following occurrences: (

a) the last day of the work week in which the child named in the medical certificate under subsection (5) dies; (

b) the period of 36 weeks of leave under this Division ends; (

c) the period referred to subsection (5)(

c) of the certificate ends; (

d) the last day of the work week in which the employee ceases to provide care or support to the critically ill child. Termination of employment 53.961(1) No employer may terminate the employment of, or lay off, an employee who has started critical illness of child leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.963 continues to apply. Notice to return to work 53.962(1) If an employee has been on critical illness of child leave, he or she must provide at least 48 hours’ written notice of the date the employee intends to return to work unless the employer and the employee agree otherwise.

(2) When an employee returns to work under this section, the employer must (

a) reinstate the employee in the position occupied when the leave started, or (

b) provide the employee w ith alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the leave started.

28 Explanatory Notes

(3) An employee who does not wish to resume employment after the critical illness of child leave ends must give the employer at least 2 weeks’ written notice of the employee’s intention to terminate employment. Suspension of operations 53.963 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during an employee’s critical illness of child leave and the employer has not resumed operations when the leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the time the leave started at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee w ith alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s leave started, with no loss of seniority or other benefits accrued to the employee. Leave and vacation conflict 53.964 Notwithstanding

section 37(1), if an employee is on critical illness of child leave on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a later date, by that later date. Division 7.5 Long-term Illness and Injury Leave Entitlement to leave 53.97(1) Subject to subsections (2) to (4), an employee who has been employed by the same employer for at least 90 days is entitled to unpaid leave due to the illness, injury or quarantine of the employee.

(2) For the purpose of subsection (1) the amount of leave under this Division must not exceed 16 weeks in a calendar year.

29 Explanatory Notes

(3) The employee must provide to the employer a medical certificate issued by a physician stating the estimated duration of the leave.

(4) The employee must provide a copy of the medical certificate under subsection (3) before commencing leave under this Division unless the employee is unable to do so, in which case the employee must provide the certificate as soon as is reasonable and practicable in the circumstances.

(5) An employee who wishes to take leave under this Division must give the employer written notice as soon as is reasonable and practicable in the circumstances, which notice must include the estimated date of the employee’s return to work.

(6) The employee must inform his or her employer of any change in the estimated date of returning to work. Termination of employment 53.971(1) No employer may terminate the employment of, or lay off, an employee who has started leave under this Division. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.973 continues to apply. Notice to return to work 53.972(1) If an employee has been on leave under this Division, he or she must provide at least 48 hours’ written notice of the date the employee intends to return to work unless the employer and the employee agree otherwise.

(2) When an employee returns to work under this section, the employer must (

a) reinstate the employee in the position occupied when the leave under this Division started, or (

b) provide the employee w ith alternative work of a comparable nature at not less than the earnings and other

30 Explanatory Notes

31 benefits that had accrued to the employee when the leave under this Division started.

(3) An employee who does not wish to resume employment after the leave under this Division ends must give the employer at least 2 weeks’ written notice of the employee’s intention to terminate employment. Suspension of operations 53.973 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during the employee’s leave under this Division and the employer has not resumed operations when the leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the time the leave started at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee w ith alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s leave started, with no loss of seniority or other benefits accrued to the employee. Leave and vacation conflict 53.974 Notwithstanding

section 37(1), if an employee is on leave under this Division on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a later date, by that later date. Division 7.6 Other Leaves Definition 53.98 In this Division, (a) “family member” in relation to an employee, means a person who is a member of a class of persons designated in the regulations for the purpose of this Division;

31 Explanatory Notes

32 (b) “protected adult” means an assisted adult, represented adult or supported adult as defined in the Adult Guardianship and Trusteeship Act. Domestic violence leave 53.981(1) For the purposes of this Division, domestic violence occurs when an employee, the employee’s dependent child or a protected adult who lives with the employee is subjected to any of the acts or omissions listed in subsection (2) by another person who (

a) is or has been married to the employee, is or has been an adult interdependent partner of the employee or is residing or has resided together with the employee in an intimate relationship, (

b) is or has been in a dating relationship with the employee, regardless of whether they have lived together at any time, (

c) is the biological or adoptive parent of one or more children with the employee, regardless of their marital status or whether they have lived together at any time, (

d) is related to the employee by blood, marriage or adoption or by virtue of an adult interdependent relationship, regardless of whether they have lived together at any time, or (

e) resides with the employee and has care and custody over the employee pursuant to an order of a court.

(2) The following acts and omissions constitute domestic violence for the purposes of this Division: (

a) any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a person; (

b) any act or threatened act that intimidates a person by creating a reasonable fear of property damage or injury to a person;

32 Explanatory Notes

33 (

c) conduct that reasonably, in all circumstances, constitutes psychological or emotional abuse; (

d) forced confinement; (

e) sexual contact of any kind that is coerced by force or threat of force; (

f) stalking.

(3) An employee who is a victim of domestic violence and has been employed by the same employer for at least 90 days is entitled to unpaid domestic violence leave of up to 10 days in a calendar year.

(4) An employee may take domestic violence leave for one or more of the following purposes: (

a) to seek medical attention for the employee or the employee’s dependent child or a protected adult in respect of a physical or psychological injury or disability caused by the domestic violence; (

b) to obtain services from a victim services organization; (

c) to obtain psychological or other professional counselling for the employee or the employee’s dependent child or a protected adult; (

d) to relocate temporarily or permanently; (

e) to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence; (

f) any other purpose provided for in the regulations.

(5) Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances.

33 Explanatory Notes

34 Personal and Family Responsibility Leave Unpaid leave for personal and family responsibilities 53.982(1) An employee who has been employed by the same employer for at least 90 days is entitled to up to 5 days of unpaid leave in a calendar year, but only to the extent that the leave is necessary (

a) for the health of the employee, or (

b) for the employee to meet his or her family responsibilities in relation to a family member.

(2) Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances. Bereavement Leave Unpaid bereavement leave 53.983(1) An employee who has been employed by the same employer for at least 90 days is entitled to up to 3 days of unpaid leave in a calendar year on the death of a family member.

(2) Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances. Leave for Citizenship Ceremony Unpaid leave for citizenship ceremony 53.984(1) An employee who has been employed by the same employer for at least 90 days is entitled to up to a half-day of unpaid leave to attend a citizenship ceremony to receive a certificate of citizenship, as provided for under the Citizenship Act (Canada) and regulations made under that Act.

(2) Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances.

34 Explanatory Notes

35 Termination of Employment Termination of employment 53.985 No employer may terminate the employment of, or lay off, an employee who is on leave under this Division. 36

Section 54 is amended by striking out “3 months” and substituting “90 days”. 37

Section 55 is amended (

a) in subsection (1) (

i) by striking out “Unless subsection (2) applies, an” and substituting “An”; (ii) by repealing clause (

a) and substituting the following: (

a) a termination notice of at least the period of notice required under

section 137(1) if that

section applies, or in any other case, a termination notice under

section 56, (

b) in subsection (2) (

i) by repealing clause (

a) and substituting the following: (

a) if the employment of the employee is terminated for just cause, (ii) in clause (

b) by striking out “3 months” and substituting “90 days”. 38

Section 56(

a) is amended by striking out “3 months” and substituting “90 days”.

35 Explanatory Notes 36

Section 54 presently reads: 54 For the purposes of determining the correct termination notice to be given by an employer or employee or termination pay to be given by an employer, when an employee has been employed by the same employer more than once, the periods of employment with that employer are considered to be one period of employment if not more than 3 months has elapsed between the periods of employment. 37

Section 55 presently reads in part: 55(1) Unless subsection (2) applies, an employer may terminate the employment of an employee only by giving the employee (

a) a termination no tice under

section 56, (

b) termination pay under

section 57(1), or (

c) a combination of terminat ion notice and termination pay under

section 57(2).

(2) Termination notice is not required (

a) to terminate the employment of an employee for just cause, (

b) when an employee has been employed by the employer for 3 months or less, 38

Section 56 presently reads in part: 56 To terminate employment an employer must give an employee written termination notice of at least

36 39

Section 57(3) is repealed and the following is substituted:

(3) If the wages of an employee vary from one pay period to another, the employee’s termination pay must be determined by calculating the average of the employee’s wages during the previous 13 weeks in which the employee worked preceding the date of termination of employment. 40

Section 58 is amended (

a) in subsection (1)(

a) by striking out “3 months” and substituting “90 days”; (

b) in subsection (2)(

d) by striking out “3 months” and substituting “90 days”. 41

Section 59 is repealed and the following is substituted: Expediting termination of employment after an employee’s termination notice 59(1) If an employee gives a termination notice that is less than the notice that the employer would have been required to give and the employer wishes to expedite the termination, the employer must pay the wages that the employee would have earned if the employee had worked regular hours for the remainder of the termination notice period that has been given by the employee.

(2) If an employee gives a termination notice that is equal to or more than the notice that the employer would have been required to give and the employer wishes to expedite the termination, the employer must pay the wages that the employee would have earned if the employee had worked regular hours for the remainder of the termination notice period that would have been required to be given by the employer. 42 The following is added after

section 61:

36 Explanatory Notes (

a) one week, if the employee has been employed by the employer for more than 3 months but less than 2 years, 39

Section 57(3) presently reads:

(3) If the wages of an employee vary from one pay period to another, the average of the employee’s wages for the 3-month period immediately preceding the date of termination of employment is to be used to determine the employee’s termination pay. 40

Section 58 presently reads in part: 58(1) Except as otherwise provided in subsection (2), to terminate employment an employee must give the employer a written termination notice of at least (

a) one week, if the employee has been employed by the employer for more than 3 months but less than 2 years, or 41

Section 59 presently reads: 59(1) If an employee gives a termination notice that is the minimum notice required to be given by the employee and the employer wishes to terminate the employee’s employment before the end of the employee’s notice period, the employer must pay the employee an amount at least equal to the wages that the employee would have earned if the employee had worked the employee’s regular hours of work for the remainder of the notice period given by the employee.

(2) If an employee gives a termination notice that is longer than the minimum notice required to be given by the employee and the employer wishes to terminate the employee’s employment before the end of the employee’s notice period, the employer must pay the employee an amount at least equal to the wages the employee would have earned if the employee had worked the employee’s regular hours for the remainder of the termination notice period that the employer is required to give to the employee under

section 56. 42 Use of entitlements during the notice period.

37 Use of entitlements during the notice period 61.1(1) An employer must not require an employee to use banked overtime during the termination notice period unless the employer and employee agree otherwise in writing.

(2) Unless an employer has, prior to the giving of a termination notice, provided the employee with notice to take annual vacation in accordance with

section 38, the employer must not require the employee to take the vacation during the termination notice period.

(3) Where an employee has not taken the day’s holiday referred to in

section 29(b)(ii), an employer must not require the employee to use it during the termination notice period. 43 Sections 62 to 64 are repealed and the following is substituted: Temporary layoff 62(1) An employer who wishes to maintain an employment relationship without terminating the employment of an employee may temporarily lay off the employee only by giving the employee a written layoff notice.

(2) Unless a collective agreement provides otherwise, a layoff notice must be given to the employee (

a) at least one week prior to the date that the layoff is to commence, if the employee has been employed by the employer for less than 2 years, (

b) at least 2 weeks prior to the date that the layoff is to commence, if the employee has been employed by the employer for 2 years or more, or (

c) if unforeseeable circumstances prevent an employer from providing the notice in accordance with clause (

a) or (b), as soon as is practicable in the circumstances.

(3) The layoff notice must (

a) state that it is a temporary layoff notice,

37 Explanatory Notes 43 Sections 62 to 64 presently read: 62 If an employer wishes to maintain an employment relationship without terminating the employment of an employee, the employer may temporarily lay off the employee. 63(1) On the 60th consecutive day of temporary layoff, an employee’s employment terminates and the employer must pay the employee termination pay on that day. (2) Subsection (1) does not apply if (

a) after the layoff starts , and by agreement between the employer and employee, an employer pays the employee wages or an amount instead of wages, in which case the employment terminates and termination pay is payable when the agreement ends; (

b) the employer makes payments for the benefit of the laid-off employee in accordance with a pension or employee insurance plan or the like, in which case employment terminates and termination pay is payable when the payments cease; (

c) there is a co llective agreement binding the employer and employee containing recall rights for employees following layoff, in which case employment terminates and termination pay is payable when the recall rights expire.

38 (

b) state the date that the layoff is to commence, (

c) include a copy of this

section and sections 63 and 64, and (

d) include any other information provided for in the regulations. Termination pay after temporary layoff 63(1) The employment of an employee who is laid off for one or more periods exceeding, in total, 60 days within a 120-day period is deemed to have been terminated unless (

a) during the layoff the employer, by agreement with the employee, (

i) pays the employee wages or an amount instead of wages, or (ii) makes payments for the benefit of the laid-off employee in accordance with a pension or employee insurance plan or similar plan, or (

b) there is a collective agr eement binding the employer and employee containing recall rights for employees following layoff.

(2) When payments under subsection (1)(

a) cease or recall rights under subsection (1)(

b) expire, the employment of the employee terminates and termination pay is payable. Recall 64(1) An employer may request an employee to return to work by providing the employee with a recall notice.

(2) A recall notice must (

a) be in writing, (

b) be served on the employee, and

38 Explanatory Notes 64(1) If an employee fails to return to work within 7 consecutive days after being requested to do so in writing by the employer, the employee is not entitled to termination notice or termination pay if the employer decides to terminate the employee’s employment as a result of the employee’s failure to return to work in accordance with the recall notice. (2) Subsection (1) does not apply to an employee bound by a collective agreement containing recall rights for employees following a layoff.

39 (

c) state that the employee mu st return to work within 7 days of the date the recall notice is served on the employee.

(3) If an employee fails to return to work within 7 days of being served with the recall notice, the employee is not entitled to termination notice or termination pay if the employer decides to terminate the employee’s employment as a result of the employee’s failure to return to work in accordance with the notice. (4) Subsection (3) does not apply to an employee bound by a collective agreement containing recall rights for employees following a layoff. 44 Sections 65 and 66 are repealed and the following is substituted: Employment of individuals under 18 years of age 65(1) In this Division, (a) “artistic endeavour” means artistic endeavour as defined in the regulations; (b) “light work” means light work determined under subsection (2).

(2) The Director must, after consultation in accordance with the regulations, establish a list of the types of employment that are light work for the purposes of this Division and must publish the list on the Minister’s department website.

(3) Except as permitted by this Division or the regulations, no person shall employ an individual who is under 18 years of age.

(4) Where a permit is required under this Division, the Director may, on receiving an application signed by the employer and by a parent, guardian or other person having the care, custody or control of the individual in respect of whom the permit is required, issue a permit authorizing the individual to be employed by the employer.

39 Explanatory Notes 44 Sections 65 and 66 presently read: 65(1) No person may, during normal school hours, employ, or permit to work on the person’s premises, an individual who is required to attend school under the School Act, unless the conditions specified in

section 66 are complied with.

(2) No individual under 15 years old may be employed without the written consent of the individual’s parent or guardian and the approval of the Director, unless the regulations and the condition specified in

section 66 are complied with. 66 The condition referred to in

section 65 is that the individual must be enrolled in an off-campus education program provided under the School Act.

(5) A permit issued by the Director under this

section must include any terms and conditions set out in the regulations and may include any other terms and conditions the Director considers appropriate having regard to the age of the individual and the nature of the work. 12 years of age and under 65.1 An individual who is 12 years of age or younger may be employed only in an artistic endeavour and only if authorized under a permit issued by the Director. 13 to 15 years of age 65.2(1) An individual who is 13, 14 or 15 years of age may be employed only (

a) in an artistic endeavour, (

b) in a type of employment that is light work, or (

c) if so authorized under a permit issued by the Director, in any other type of employment, except hazardous work identified in the Occupational Health and Safety Act or the regulations under that Act.

(2) Employment referred to in subsection (1)(

a) and (

b) requires the consent of a parent, guardian or other person having the care, custody or control of the individual.

(3) The consent must be in a form acceptable to the Director. 16 and 17 years of age 65.3(1) Subject to subsection (2), an individual who is 16 or 17 years of age may be employed in any type of employment.

(2) An individual who is 16 or 17 years of age may be employed in hazardous work identified in the Occupational Health and Safety Act or the regulations under that Act only if (

a) the hazardous work is au thorized under a permit issued by the Director, (

b) the individual is supervised by a responsible adult while the work is being performed and is adequately trained before performing any work, and

40 Explanatory Notes

41 (

c) the health, safety and well-being of the individual are protected. 45 Division 10 of

Part 2 is repealed. 46

Section 69 is repealed and the following is substituted: Establishment of appeal body 69(1) The Lieutenant Governor in Council may (

a) establish an appeal body consisting of one or more persons who meet the qualifications established by the regulations; (

b) designate a body established under another Act or regulation as the appeal body for the purpose of this Act; (

c) designate a class of persons, the members of which are deemed to be an appeal body for the purpose of this Act, which may include, with the approval of the Chief Judge of The Provincial Court of Alberta, judges of The Provincial Court of Alberta or justices of the peace.

(2) Where an existing body is designated under subsection (1)(

b) as the appeal body, the existing body, despite the

41 Explanatory Notes 45 Division 10 presently reads: Division 10 Persons with Disabilities 67(1) If the Director is satisfied that a proposed employment arrangement between an employer and a prospective employee who has a disability is satisfactory for both of them in all the circumstances, the Director may issue to the employer a permit authorizing (

a) the employer to pay the pr ospective employee a wage less than the minimum wage prescribed by the regulations, and (

b) the prospective employee to receive less than the minimum wage.

(2) A copy of the permit must be served on the employer and the prospective employee.

(3) The employer or the prospective employee to whom a permit applies may appeal the permit to an umpire. 46

Section 69 presently reads: 69(1) The Lieutenant Governor in Council may (

a) appoint individuals as umpires; (

b) authorize the Minister to appoint as umpires individuals who are members of a class of persons designated by the Lieutenant Governor in Council; (

c) designate a class of pers ons, the members of which are deemed to have been appointed umpires.

(2) The Minister may establish a code for the ethical conduct of umpires.

42 enactment under which it was established, may carry out the functions of the appeal body under this Act.

(3) The Minister may, by order, establish a code of ethics for members of the appeal body.

(4) An appeal body established under subsection (1)(

a) or an appeal body designated under subsection (1)(

c) may establish rules of practice and procedures relating to the conduct of appeals under this Act, including establishing panels and quorums for the purpose of its proceedings.

(5) An appeal body designated under subsection (1)(

b) may adopt the practice and procedures under the enactment under which it was established and may modify them as required for the purpose of conducting appeals under this Act, including establishing panels and quorums for the purpose of its proceedings. 47

Section 71(3) is repealed. 48

Section 74 is repealed and the following is substituted: Director’s variance or exemption 74(1) Subject to subsection (3), the Director may on application by an employer issue a variance or exemption to vary or exempt the application of one or more provisions of this Act or the regulations (

a) with respect to that employer and the employees referred to in the application, or (

b) with respect to a type of employment carried on by that employer. (2) Subsection (1) does not apply to an application by an employer association or to a group of employers.

42 Explanatory Notes 47

Section 71(3) presently reads:

(3) The Director may not delegate the Director’s power to issue a reinstatement or compensation order under

section 89. 48

Section 74 presently reads: 74(1) The Director may approve a scheme of employment with respect to an employer and the employer’s employees or prospective employees that applies despite any provision to the contrary in this Act.

(2) The Director may revoke, amend or vary an approval for a scheme of employment at any time.

(3) The Director may issue a variance or exemption under this

section only if (

a) the provision to be varied or exempted and the extent to which it may be varied or exempted is authorized by the regulations to be varied or exempted under this section, and (

b) the Director is satisfied that issuing the variance or exemption meets the criteria established by the regulations.

(4) The Director must notify the employer of the decision respecting the issuance of a variance or exemption.

(5) A variance or exemption must (

a) specify the provisions of this Act or the regulations the application of which is varied or exempted and the extent to which the application of the provisions is varied or exempted, (

b) identify the employer and the employees of the employer to whom the variance or exemption applies or the employment to which the variance or exemption applies, as the case may be, (

c) specify the date on which the variance or exemption commences and the date it expires, (

d) include any terms or conditions that the Director considers appropriate, and (

e) include any other information required by the regulations.

(6) If the Director grants a variance or exemption, the employer must notify the employees affected by the variance or exemption by (

a) personally giving a copy of the variance or exemption to the employees,

43 Explanatory Notes

44 (

b) posting a copy of the variance or exemption in the employees’ workplace, (

c) posting a copy of the variance or exemption online on a secure website to which the employees have access, or (

d) providing a copy of the variance or exemption in any other manner that informs the employees of the variance or exemption.

(7) The employer and the employees affected by the variance or exemption must comply with the variance or exemption and any terms and conditions of the variance or exemption.

(8) The Director may, at any time, amend or revoke a variance or exemption issued under this section.

(9) A decision by the Director respecting the amendment or revocation of a variance or exemption must be given to the employer.

(10) The employer must provide notice of the amendment or revocation of the variance or exemption to every employee affected by the variance or exemption by (

a) personally giving it to the employee, (

b) posting it in th e employee’s workplace, (

c) posting it online on a secure website to which the employee has access, or (

d) providing it in any other manner that informs the employee of the notice. Minister’s variance or exemption 74.1(1) Subject to the regulations, the Minister may, by order, on application by an employer association or a group of employers, vary or exempt the application of one or more provisions of this Act or the regulations (

a) with respect to the empl oyers and the employees referred to in the application, or

44 Explanatory Notes

45 (

b) with respect to a type of employment carried on by the employers.

(2) An order made under subsection (1) must (

a) specify the provisions of this Act or the regulations the application of which is varied or exempted and the extent to which the application of the provisions is varied or exempted, (

b) identify the employers an d the employees to whom the order applies or the employment to which the order applies, as the case may be, (

c) specify the term of the order, which must not exceed 2 years, (

d) include any terms or conditions that the Minister considers appropriate, and (

e) include any other information required by the regulations.

(3) An order made under subsection (1) shall not be renewed.

(4) The employers and the employees affected by an order must comply with the order and any terms and conditions of the order.

(5) The Minister may, at any time, amend or revoke an order made under this section.

(6) A copy of an order made under subsection (1) or an amendment or revocation made under subsection (5) must be given to the affected employers and employees in accordance with the regulations. 49

Section 77 is repealed and the following is substituted: Inspections, investigations, inquiries 77(1) An officer may conduct an inspection, investigation or inquiry to determine whether this Act, the regulations or an authorizing or enforcement instrument has been or is being

45 Explanatory Notes 49

Section 77 presently reads: 77(1) An officer may (

a) at any reasonable time, enter any premises or other place in which the officer has reason to believe that an individual is

46 complied with, whether or not the officer has received a complaint.

(2) In conducting an inspection, investigation or inquiry, an officer may do any one or more of the following: (

a) subject to subsection (6), enter, at any reasonable time, any place other than a private dwelling, including any means of conveyance or transport, where an officer has reason to believe that (

i) work is or has been done by employees, (ii) an employer carries on business, or (iii) an employment record or any other relevant record or thing is kept; (

b) examine an employment record or any other relevant record or thing; (

c) by written notice, require the employer or any other person to produce, at a time, date and place specified in the notice, an employment record or any other relevant record or thing; (

d) by written notice, require the employer or any other person to create a report from any employment record or any other relevant record or thing, by a date and in the manner set out in the notice; (

e) subject to subsection (5), remove for review and copying an employment record or any other relevant record or thing; (

f) use data storage, information processing or retrieval devices or systems that are used by an employer in order to examine a record in readable form; (

g) conduct an audit of compliance, or other examination, of employment records or any other relevant records or things or of any employer practices; (

h) subject to clause (i), que stion any person on matters the officer believes may be relevant;

46 Explanatory Notes or was employed, to inspec t employment records and make copies of them; (

b) require an employer, empl oyee or any other person to provide oral or written statements about any matter relating to employment or employment records at a specified time, date and place; (

c) make an inspection, inves tigation and inquiry that is necessary to ascertain whether this Act or any order, award, demand, declaration, permit, approval or notice under this Act has been or is being complied with; (

d) question an employee, dur ing the employee’s regular hours of work or otherwise, without the employer’s being present, to ascertain whether this Act or an order, award, demand, declaration, permit, approval or notice under this Act has been or is being complied with; (

e) require a person supplying information or giving an oral or written statement to give any of them in the form of a written statement under oath; (

f) by written noti ce, demand the production of employment records for inspection at a time, date and place specified in the notice; (

g) on giving a receipt for it, re move an employment record, for not more than 48 hours, to make copies of it; (

h) by written notice , require an employer to record the times at which the employees start and stop work each day they work; (

i) by written notice, require an employer to post notices, information bulletins or extracts from this Act at locations at the employer’s place of business specified in the notice.

(2) An officer must not enter a private dwelling without the consent of the occupier of the dwelling.

47 (

i) question an employee, during the employee’s regular hours of work or otherwise, without the employer’s being present; (

j) require an employer, employee or other person to provide oral or written statements, whether under oath or otherwise, at a specified time, date and place.

(3) An officer may, by a notice issued to an employer, require the employer to post and to keep posted in a conspicuous place or places where it is likely to come to the attention of the employer’s employees, at locations at the employer’s place of business specified in the notice, (

a) any notices, information bulletins or extracts from this Act or the regulations relating to the administration or enforcement of this Act or the regulations, or (

b) a copy of a report or part of a report made by the officer concerning the results of an investigation or inspection.

(4) If a notice, information bulletin or extract referred to in subsection (3)(

a) or a copy of a report or part of a report referred to in subsection (3)(

b) posted at the employer’s place of business is unlikely to come to the attention of employees at the employer’s place of business, the officer may by notice to the employer require the employer to provide a copy to those employees.

(5) An officer who removes a record or thing under subsection (2)(

e) must provide a receipt and return the record or thing to the person who provided it within a reasonable time.

(6) An officer may enter a private dwelling under subsection (2)(

a) only with the consent of the occupant of the private dwelling or pursuant to an order under subsection (7).

(7) If the consent required under subsection (6) is refused or cannot reasonably be obtained, the officer may apply to a justice as defined in the Provincial Offences Procedures Act for an order directing the occupant to permit the officer to enter the private dwelling to exercise the officer’s powers and perform the officer’s duties and functions, and the justice may make the order accordingly.

47 Explanatory Notes

48 50

Section 78 is repealed and the following is substituted: Assistance to officers 78(1) Every employer and person acting on the employer’s behalf and every employee must give whatever assistance is necessary to an officer to enable the officer to make an entry, inspection, investigation or inquiry.

(2) An employer, employee or other person, as the case may be, must comply with the requirements referred to in

section 77(2)(c), (

d) and (j).

(3) No employer, employee or other person shall (

a) interfere with or in any manner hinder an officer, or attempt to interfere with or hinder an officer, in the exercise of a power or performance of a duty or function under this Act; (

b) make a false statement or give false or misleading information to an officer in response to the exercise of a power or the performance of a duty or function under this Act.

(4) If a person interferes with or in any manner hinders an officer in the exercise of a power or performance of a duty or function under this Act, the Director may apply to the Court for an order restraining that person from interfering with or in any manner hindering the officer in the exercise of that power or the performance of that duty or function. Officer directed audit 78.1(1) During the course of, or as a result of, an inspection, investigation or inquiry, an officer may, by written notice, require an employer to conduct an audit of compliance, or other examination, (

a) of the employment records or any other records or thing, or (

b) of any employer practices to determine whether this Act, the regulations or an authorizing or enforcement instrument has been or is being complied with.

48 Explanatory Notes 50

Section 78 presently reads: 78 Every employer and person acting on the employer’s behalf and every employee must give whatever assistance is necessary to an officer to enable the officer to make an entry, inspection, investigation or inquiry.

(2) If an employer is required to conduct an audit or examination under subsection (1), the employer must, in accordance with the notice and subject to the regulations, conduct the audit or examination and report the results to the officer in the form and manner acceptable to the officer.

(3) The notice must specify (

a) the period to be covered by the audit or examination, (

b) what is to be covered by the audit or examination and the manner in which the audit or examination is to be conducted, (

c) the date by which the employer must provide a report of the results of the audit or examination to the officer, and (

d) any other matter provided for in the regulations. 51

Section 79 is repealed and the following is substituted: Directions 79(1) An officer as a result of an inspection, investigation or inquiry under

section 77 or an audit of compliance or other examination under

section 78.1 may, in writing, direct an employer or employee to comply with this Act, the regulations or an authorizing or enforcement instrument.

(2) A direction may be made with or without conditions and may be revoked or amended at any time.

(3) A person to whom a direction is given must comply with the direction. 52

Section 82 is amended (

a) in subsection (1) (

i) by striking out “written”; (ii) by repealing clause (

a) and substituting the following:

49 Explanatory Notes 51

Section 79 presently reads: 79(1) An officer as a result of an inspection, investigation or inquiry under

section 77 may direct an employer or employee to comply with this Act or any order, award, demand, declaration, permit, approval or notice under this Act.

(2) The direction may be made with or without conditions and may be revoked, amended or varied at any time. 52

Section 82 presently reads: 82(1) An employee may make a written complaint to an officer that (

a) the employee is entitled to earnings; (

b) the employment of the employ ee was suspended or terminated or the employee was laid off

50 (

a) an employer failed to pay earnings to an employee or to provide anything to which an employee is entitled under this Act; (iii) in clause (b) (

A) by repealing subclause (i); (

B) by repealing subclauses (i.2) and (i.3) and substituting the following: (i.2) contrary to secti on 52, 53.4, 53.91, 53.951, 53.961, 53.971 or 53.985; (

b) by repealing subsection (3) and substituting the following:

(3) A complaint must be made in the form and manner determined by the Director and must contain the required information, including the complainant’s contact information.

(3.1) The employee must notify the Director of any changes to the information provided under subsection (3) as soon as reasonable and practicable under the circumstances. (

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

(5) No employee shall make a complaint to an officer knowing it to be untrue. 53

Section 85 is amended (

a) in subsection (1) (

i) in clause (

a) by striking out “written”;

50 Explanatory Notes (

i) contrary to

section 52(1) after the employee started maternity leave or because the employee was entitled to or had started parental leave, (i.1) contrary to

section 52.91 of the Public Health Act, (i.2) contrary to

section 53. 4 after the employee started reservist leave; (i.3) contrary to

section 53. 91 after the employee started compassionate care leave; (ii) for the sole reason that garnishment proceedings are being or might be taken against the employee, (iii) because the employee gave evidence or may give evidence at any inquiry or in any proceeding or prosecution under this Act, (iv) because the employee requested or demanded anything to which the employee is entitled under this Act, or (

v) because the employee made or is about to make any statement or disclosure that may be required of the employee under this Act.

(2) A complaint may be made at any time while the employee is employed by the employer and, if the employee’s employment is terminated, at any time up to 6 months after the date on which the employment is terminated.

(3) When the Director considers that there are extenuating circumstances, the Director may extend the 6-month period, before or after it expires.

(4) An employee may not be charged a fee for making a complaint or for the investigation of a complaint. 53

Section 85 presently reads: 85(1) If an officer (

a) determines that the employee making a written complaint is not entitled to earnings,

51 (ii) by striking out “the officer must serve the employee with notice of that decision” and substituting “the officer must, unless the complaint has been withdrawn by the complainant or deemed to have been withdrawn under subsection (1.1), serve the employee with notice of that decision”; (

b) by adding the following after subsection (1):

(1.1) The Director may deem a complaint to have been withdrawn if an employee refuses or fails to participate in an investigation and reasonable efforts have been made to contact the employee. 54

Section 86 is repealed and the following is substituted: Complaints referred to Director 86 If an officer, after investigating a complaint of an employee, has reason to believe that (

a) the employment of the employee was suspended or terminated, or (

b) the employee was laid off in the circumstances or for any of the reasons described in

section 82(1)(b), the officer must, unless the matter has been settled, refer the complaint to the Director. 55

Section 87 is repealed and the following is substituted: Order of an officer 87(1) If an officer determines that earnings are due to an employee, whether or not a complaint has been made, the officer must, unless the matter has been settled, make an order requiring the employer to pay to the employee, or to pay to the Director on behalf of the employee, earnings to which the employee is entitled and specify the date by which the order must be complied with.

(2) If an officer is unable to determine the amount of earnings to which an employee is entitled for the purpose of making an

51 Explanatory Notes (

b) determines that the employ ment of the employee was not suspended or terminated or that the employee was not laid off in the circumstances or for the reasons described in

section 82(1)(b), or (

c) refuses to accept or investigate a complaint, the officer must serve the employee with notice of that decision.

(2) The employee may appeal the decision of the officer to the Director under

section 88. 54

Section 86 presently reads: 86 If an officer, after investigating a complaint of an employee, has reason to believe that (

a) the employment of the employee was suspended or terminated, or (

b) the employee was laid off in the circumstances or for the reasons described in

section 82(1)(

b) and the officer is unable to mediate, settle or compromise the difference between the employer and employee, the officer must refer the complaint to the Director. 55

Section 87 presently reads: 87(1) If an officer determines that earnings are due to an employee and is unable to mediate, settle or compromise the difference between the employer and employee, the officer must make an order requiring the employer to pay to the employee, or to pay to the Director on behalf of the employee, earnings to which the employee is entitled.

(2) If an officer is unable to determine the amount of earnings that are due to an employee because the employer has not made or kept complete and accurate employment records, or has failed to make

52 order because the employer has not made or kept complete and accurate employment records, or has failed to make those records available to the officer for inspection, the officer may determine the amount in any manner that the officer considers appropriate.

(3) The employer or employee may appeal the order of the officer to an appeal body. 56

Section 89(2) is repealed and the following is substituted:

(2) If the Director determines that (

a) the employment of an employee was suspended or terminated, or (

b) the employee was laid off in the circumstances or for any of the reasons described in

section 82(1)(b), the Director must, unless the matter has been settled, make an order for reinstatement or compensation or both and specify the date by which the order must be complied with. 57

Section 90 is repealed and the following is substituted: Limitation periods for orders 90(1) An order under this Division may direct the payment of wages, overtime pay, vacation pay and general holiday pay, as applicable, earned during the assessment periods.

(2) An order under this

section may be made with respect to an employee who has not made a complaint only if, at the time that the officer informed the employer of the inspection, investigation or inquiry that resulted in the order, the employee was eligible to make a complaint under

section 82(2).

(3) In this section, (a) “claim date” means the earlier of (

i) the date the complaint was made, and

52 Explanatory Notes those records available to the officer for inspection, the officer may determine the amount in any manner that the officer considers appropriate.

(3) The employer or employee may appeal the order of the officer to an umpire. 56

Section 89(2) presently reads:

(2) If the Director determines that (

a) the employment of an employee was suspended or terminated, or (

b) the employee was laid off in the circumstances or for the reasons described in

section 82(1)(

b) and the Director is unable to mediate, settle or compromise a difference between the employer and the employee, the Director must make an order for reinstatement or compensation or both. 57

Section 90 presently reads: 90(1) No order under this Division may be made with respect to earnings (

a) after one year from the date on which the earnings should have been paid, if the employee is still employed by the employer, and (

b) after one year from the date the employment terminates, if the employee is no longer employed by the employer.

(2) No order of the Director for reinstatement or compensation may be made after one year from the date that the employment of the employee was suspended or terminated or that the employee was laid off.

53 (ii) the date the officer in formed the employer of the inspection, investigation or inquiry that resulted in the order; (b) “assessment period” means (

i) in the case of determining the payment of wages or overtime pay, or both, the period (

A) commencing 6 months before the earlier of (

I) the claim date, and (II) the date the employee’s employment is terminated, if applicable, and (

B) ending on a date before the date of the order, as determined appropriate by the officer; (ii) in the case of determining the payment of vacation pay or general holiday pay, or both, the period (

A) commencing 2 years before the earlier of (

I) the claim date, and (II) the date the employee’s employment is terminated, if applicable, and (

B) ending on a date before the date of the order, as determined appropriate by the officer.

(4) An order of the Director for compensation under

section 89(3)(

b) may direct payment for a period not exceeding 6 months from the date that the employment of the employee was suspended or terminated, that the employee was laid off or that the employer failed to reinstate the employee or to provide the employee with alternative work, in accordance with

Part 2, Division 7, Division 7.1, Division 7.2, Division 7.3, Division 7.4, Division 7.5 or Division 7.6.

53 Explanatory Notes

(3) The Director may extend the limitation period under subsection (1) or (2) by an additional period of up to one year if the Director is satisfied that extenuating circumstances warrant the extension.

(4) An order under this Division may direct (

a) payment of wages or overtime pay, or both, for a period not exceeding 6 months from whichever first occurs: (

i) the order, or (ii) the employee’s termination of employment, if the employee’s employment is terminated; (

b) payment of vacation pay or general holiday pay, or both, for a period not exceeding 2 years from whichever first occurs: (

i) the order, or (ii) the employee’s termination of employment, if the employee’s employment is terminated.

(5) An order of the Director for compensation under

section 89(3)(

b) may direct payment for a period not exceeding 6 months from the date that the employment of the employee was suspended or terminated, that the employee was laid off or that the employer failed to reinstate the employee or to provide the employee with alternative work, in accordance with

Part 2, Division 7, Maternity Leave and Parental Leave,

Part 2, Division 7.1, Reservist Leave or Division 7.2, Compassionate Care Leave.

54 58

Section 91 is amended (

a) in subsection (2) by striking out “Government” and substituting “Crown”; (

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

(5) Subject to the right to appeal under

section 95, an employer must comply with an order under this Division within 21 days of the date of service of the order on the employer. 59

Section 92 is repealed and the following is substituted: Revocations or amendments by officer 92(1) An officer may revoke or amend an officer’s order issued by the officer who made it at any time before the time for an appeal to the appeal body has expired.

(2) An officer may revoke or amend a single employer declaration issued by the officer who made it at any time before the time for an appeal to the appeal body has expired. Revocations or amendments by Director 92.1(1) The Director may revoke or amend an officer’s order or a Director’s order at any time before the order is filed with the Court, but if the order has been appealed to the appeal body, at any time before the appeal body issues its decision.

54 Explanatory Notes 58

Section 91 presently reads: 91(1) An order under this Division must (

a) name the employer to whom the order is directed, (

b) name the one or more empl oyees in respect of whom the order is made, and (

c) specify the amount payable in respect of each employee named in the order.

(2) An order under this Division may also require an employer to pay to the Director any fees payable to the Government under the regulations that are unpaid.

(3) A copy of an order under this Division must be served on (

a) the employer to w hom it is directed, and (

b) each employee in respect of whom it is made.

(4) An order under this Division may take into account deductions authorized or permitted under this Act but must not take into account a claim, counterclaim or set-off by an employer against an employee. 59

Section 92 presently reads: 92(1) An officer’s order or single employer declaration may be revoked, amended or varied by the officer who made it at any time before the time for an appeal to an umpire has expired, but not after that time.

(2) The Director may vary or amend a collection notice at any time before the time for an appeal to an umpire has expired, but not after that time.

(3) Even though an appeal has been made to an umpire, the Director may, before the umpire issues an award, revoke (

a) an order of an offic er or the Director under this Division or a certificate under

section 112(4)(

b) at any time before the order or certificate is filed in the Court, or

(2) The Director may revoke or amend a director’s certificate referred to in

section 112 at any time before the certificate is filed with the Court, but if the certificate has been appealed to the appeal body, at any time before the appeal body issues its decision.

(3) The Director may revoke or amend a single employer declaration at any time, but if the declaration has been appealed to the appeal body, at any time before the appeal body issues its decision.

(4) The Director may revoke or amend a collection notice at any time before the time for an appeal to the appeal body has expired.

(5) The Director may revoke or amend a notice of administrative penalty at any time before the appeal body issues its decision. 60

Section 93 is repealed and the following is substituted: Amendments and appeals from amendments 93(1) If an order under this Division, a single employer declaration or a collection notice is amended, a copy of the amendment must be served on each person on whom the original order, declaration or notice was served.

(2) A person who receives a copy of an amendment may appeal to the appeal body, and the time for making the appeal starts from the date of service of the copy of the amendment. 61 The heading preceding

section 95 is amended by striking out “Umpires” and substituting “the Appeal Body”.

55 Explanatory Notes (

b) a single employer declarati on or a collection notice at any time.

(4) If the Director revokes an order that has been appealed to an umpire, the Director must return to the appellant any money paid to the Director when the appeal was made. 60

Section 93 presently reads: 93(1) If an order under this Division, a single employer declaration or a collection notice is varied or amended, a copy of the variation or amendment must be served on each person on whom the original order, declaration or notice was served.

(2) A person who receives a variation or amendment may appeal to an umpire, and the time for making the appeal starts from the date of service of the variation or amendment. 61 The heading preceding

section 95 presently reads: Division 4 Appeals to Umpires

56 62

Section 95 is repealed and the following is substituted: Appeal to appeal body 95(1) A person who has a right of appeal to the appeal body may appeal by serving on the Registrar written notice of appeal specifying the reasons for the appeal and providing to the Registrar the fee, if any, and any amount referred to in subsection (3).

(2) A notice of appeal must be served on the Registrar within 21 days after the date of service on the appellant of a copy of, as the case may be, (

a) a single employer declaration, (

b) an order under Division 3, (

c) a notice of administrative penalty, (

d) a collection notice, or (

e) a certificate under

section 112(4)(b).

(3) The following must be received by the date referred to in subsection (2), in a form and manner acceptable to the Registrar: (

a) any fee payable under the regulations; (

b) any amount the employer is required to pay under an order under Division 3; (

c) any amount the employer is required to pay under

section 112(4)(b).

(4) When the Registrar considers that there are extenuating circumstances that warrant doing so, the Registrar may (

a) waive or reduce a fee or other amount required to be paid when the notice of appeal is served, (

b) extend the time to pay a fee or other amount referred to in clause (a), or

56 Explanatory Notes 62

Section 95 presently reads: 95(1) A person who has a right of appeal to an umpire may appeal by serving on the Registrar written notice of appeal specifying the reasons for it.

(2) A notice of appeal must be served on the Registrar within 21 days after the date of service on the appellant of a copy of (

a) a permit for the employment of an employee who has a disability, (

b) a single employer declaration, (

c) an order under Division 3, (

d) a collection notice, or (

e) a certificate und er

section 112(4)(b).

(3) A notice of appeal that is postmarked by the Canada Post Corporation within the 21 days referred to in subsection (2) and that is received by the Registrar outside the 21-day period is deemed to have been received within the 21 days.

(4) A notice of appeal must be accompanied with (

a) any fee payable under the regulations, and (

b) any amount the employer is required to pay under an order under Division 3, which must be provided in the form of a money order or certified cheque payable to the Director.

(5) When the Registrar considers that there are extenuating circumstances that warrant doing so, the Registrar may (

a) waive or reduce a fee or other amount required to be paid when the notice of appeal is served, or (

b) accept security for the amount payable in another form and amount acceptable to the Registrar.

57 (

c) accept security for the amount payable in another form and amount acceptable to the Registrar. 63

Section 96 is repealed and the following is substituted: Appeal referred to appeal body 96(1) If a notice of appeal meets all the requirements for an appeal, the Registrar must (

a) refer the appeal to the appeal body, and (

b) give to the appellant and to each party to the appeal, written notice of the date, time and place at which the appeal will be considered.

(2) The Director is a party to every appeal to the appeal body and to every proceeding resulting from an order or resulting from a decision of the appeal body. 64

Section 100(3) and (4) are repealed and the following is substituted:

(3) For the purpose of hearing appeals under this Act, the members of the appeal body have the same power as is vested in the Court for the trial of civil actions (

a) to summon and enforce the attendance of witnesses, (

b) to compel witnesses to give evidence under oath or otherwise, (

c) to compel witnesses to give evidence in person or otherwise, and (

d) to compel witnesses to produce any record, object or thing that relates to the matter being heard.

57 Explanatory Notes 63

Section 96 presently reads: 96(1) If a notice of appeal meets all the requirements for an appeal, the Registrar must (

a) refer the appeal to an umpire, and (

b) give to the appellant and to each employee and employer who is a party to the appeal, and to the Director, written notice of the date, time and place at which the appeal will be considered.

(2) The Director is a party to every appeal to an umpire and every proceeding resulting from an order or resulting from an umpire’s award. 64

Section 100(3) and (4) presently read:

(3) An umpire may administer oaths, affirmations and declarations.

(4) An umpire may require witnesses to testify under oath, affirmation or declaration.

58 65

Section 101 is repealed. 66

Section 104 is repealed and the following is substituted: Form of decision 104(1) An appeal body’s decision must be in writing.

(2) The decision must indicate the place at which and the date on which it is made and must be signed by the appeal body.

(3) A copy of each decision must be provided to the Registrar, who must provide it to each party to the appeal.

(4) The Registrar must keep, as a public record, a copy of all decisions issued by an appeal body. 67

Section 105 is repealed and the following is substituted: Settlement 105(1) If the parties settle the matters in dispute themselves after an appeal has been referred to the appeal body, the appeal body may record the settlement in the form of a decision.

58 Explanatory Notes 65

Section 101 presently reads: 101(1) An umpire who is a judge of the Provincial Court may issue or direct an employee of the Crown in right of Alberta to issue a subpoena to any person who in the opinion of the umpire may be able to give evidence that relates to the appeal before the umpire.

(2) An umpire who is a judge of the Provincial Court has the same powers (

a) to compel the attendance of witnesses, and (

b) to punish a witness for (

i) disobeying a subpoena to appear, (ii) refusing to be sworn, or (iii) refusing to give evidence as are conferred on a judge of the Provincial Court by the Criminal Code (Canada). 66

Section 104 presently reads: 104(1) An umpire’s award must be in writing.

(2) The award must indicate the place at which and the date on which it is made and must be signed by the umpire.

(3) A copy of each award must be provided to the Registrar, who must provide it to each party to the appeal.

(4) The Registrar must keep, as a public record, a copy of all awards issued by umpires. 67

Section 105 presently reads: 105 If the parties settle the matters in dispute themselves after an appeal has been referred to an umpire, an umpire may record the settlement in the form of an award.

(2) This

section does not apply to an administrative penalty. 68

Section 106(1) is amended by striking out “an award” wherever it occurs and substituting “a decision”. 69

Section 107(1) is amended (

a) by striking out “an award” and substituting “a decision”; (

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

e) providing a date by which the decision of the appeal body must be complied with. 70 The headings to

Part 4 and Division 1 of

Part 4 are repealed and the following is substituted:

Part 4 Orders and Decisions and Director’s Demands to Third Parties Division 1 Enforcement of Orders and Decisions

59 Explanatory Notes 68

Section 106(1) presently reads: 106(1) An umpire may (

a) correct typographical erro rs, errors of calculation and similar errors in an award, or (

b) amend an award so as to correct an injustice caused by an oversight on the part of the umpire. 69

Section 107(1) presently reads: 107(1) An umpire may make an award (

a) confirming, varying, revoking or substituting anything that is the subject of an appeal; (

b) doing anything that an officer or the Director could have done under this Act; (

c) ordering an employer or any employee of the employer to attend an educational program in employment standards specified by the umpire, and determining who is to pay the costs of the program and the attendance; (

d) imposing costs, subject to the regulations. 70 The headings to

Part 4 and Division 1 presently read:

Part 4 Orders and Awards and Director’s Demands to Third Parties Division 1 Enforcement of Orders and Awards

60 71 The following is added after the heading to

Part 4: Application of

Part 108.1 This Part does not apply in respect of the failure to pay an administrative penalty under

Part 4.1. 72

Section 110 is repealed and t

Document details

Collection	Alberta — Bills
Citation	L29 S3 11704
Type	bill
Volume / chapter	L29 S3 11704
Language	en
Format	json
Source	PROVINCIAL
Identifier	95a0baeff539a6a08d7c0ef1a219fd9e1179407e

Source file is stored in the law ingest library (json).