Bill 60 — Second Session, 21St Legislature, 36 Elizabeth Ii the Legislative Assembly of Alberta Bill 60 Labour Code (Legislature 21, Session 2)

L21 S2 3107

Alberta — Bills

1987 BILL 60 Second Session, 21st Legislature, 36 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 60 LABOUR CODE THE MINISTER OF LABOUR First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 60 BILL 60 1987 LABOUR CODE (Assented to , 1987) Table of Contents

Interpretation 1 Delegation of Minister's and Director's responsibilities 2 Witnesses 3

Part 1 Communication and Education

Definitions 4 Application 5 Powers of the Minister 6 Multi-sector advisory council 7 Round-table conference 8 Regulations 9

Part 2 Employment Standards Division 1 Operation Civil remedies and greater benefits 10 Agreements excluding application of Part are void 11 Employment deemed continuous 12 Division 2 Administration Service of documents 13 Certification of copies 14 Certificate of non-compliance 15 Authority of ofl&cers 16 Conditions attached to orders or directives 17 Assistance provided to oflftcers 18 Division 3 Employment Records Maintenance of employment records 19 Location of employment records 20 Keeping employment records 21 Statement of employment 22 1

Division 4 Payment of Wages, Overtime Pay and Entitlements

Definitions 23 Period for computing wages and overtime pay 24 Payment of wages, overtime pay and entitlements 25 Deductions 26 Division 5 Hours of Work and Overtime Pay Hours of work and overtime pay 27 Compressed work week 28 Exempted employees 29 Extended hours of work 30 Hours of rest 31 Notice re work schedules 32 Notice of reduction in wages, etc. 33 Hours of work regulations 34 Division 6 Minimum Wage Minimum wage regulations 35 Employment of handicapped individuals 36 Division 7 Vacations and Vacation Pay

Interpretation 37 Vacation and vacation pay entitlement 38 Proportionate reduction in vacation pay 39 Prorated vacation entitlement 40 Payment of vacation pay 41 Annual vacation 42 Notice by employer re annual vacation 43 Vacation and vacation pay regulations 44 Division 8 General Holidays and General Holiday Pay

Definitions 45 When employee not entitled to general holiday pay 46 General holiday on working day 47 General holiday pay entitlement 48 General holiday on non-working day 49 General holiday during annual vacation 50 Effect of general hohday on overtime calculation 51 Prohibition re replacing general holiday 52 General hohday pay regulations 53 Division 9 Termination of Employment

Definitions 54 Separate periods of employment deemed 1 period 55 Termination of employment 56 No notice of termination required 57 Notice oftermination by employee 58 Prohibition re benefits on notice oftermination 59 Continuation of employment after termination 60 Money in place of notice of termination 61 Termination for redundancy or economic change 62

Division 10 Parental Benefits

Definitions 63 Entitlement to maternity leave 64 Notice to commence maternity leave 65 Shortening maternity leave 66 No notice of maternity leave 67 Extended maternity leave 68 Notice to commence maternity leave 69 Adoption leave 70 Prohibition against termination of employment 71 Notice of resumption of employment 72 Suspension of operations 73 Division 11 Employment of Young Persons Regulations for employment of adolescents 74 Division 12 General Regulations Regulations 75 Division 13 Collection of Wages, Overtime Pay, Entitlements and Parental Benefits Appointment of umpires 76 Provincial judges as umpires 77 Attendance of individuals and production of documents 78 Division 14 Single Employer Declaration Service of single employer declaration 79 Effect of declaration 80 Division 15 Third Party Demand

Definitions 81 Director's demand to third party 82 Duties of third party 83 Right of third party to make deductions 84 Debt created 85 Liability of third party not to be discharged 86 Receipt issued by Director 87 Payment of money received 88 Director's notice of receipt of money 89 Disposition of money received 90 Division 16 Recovery Provisions Complaint 91 Mediation by employment standards officer 92 Order of employment standards officer 93 Employee not entitled to wages, overtime pay, etc. 94 Limitation periods 95 Order re claims, counterclaims, etc. 96 Limitation on revocations, etc. 97 Variation or amendment of order, etc. 98 Settlement or compromise by Director 99

Division 17 Appeal to Umpire Appeal to umpire 100 Abandonment of appeal i Q i Proceedings at hearing 102 Umpire's powers on appeal i03 Umpire's order IO4 Umpire's order final and binding 105 Disbursement of money held by Director 106 Division 18 Enforcement of Orders Filing of order IO7 Reciprocal enforcement of orders 108 Division 19 Protection of Wages, Overtime Pay and Entitlements Deemed trust IO9 Registration of order 11 Q Division 20 Prohibitions, Offences and Penalties Prohibition on dismissal re garnishment proceedings 111 Specific prohibitions 112 Specific offences II3 Offences II4 Premium for employment prohibited 115 Employer offences 115 Offence and penalty 117 Penalty 11 g Prosecutions 119

Part 3 Labour Relations

Definitions 120 Application of

Part 121 Division 1 Labour Relations Board Composition of Board 122 Sittings of the Board 123 Powers of the Board 124 Inquiries, investigations and inspections 125 Evidence 126 Conduct of votes 127 Applications to the Board 128 Remedies 129 Board orders, etc. 130 Judicial review 131 Division 2 Employee and Employer Rights Rights of employees and employers 132 Discrimination, etc. 133 Right of dismissed employee 134

Division 3 Trade Unions Filing of constitution, etc., of trade union 135 Capacity of trade union 136 Suspension or expulsion from trade union 137 Deduction of union dues 138 Fees for temporary card 139 Employees to be union members 140 Duties of trade union 141 Division 4 Employers' Organizations Capacity of employers' organization 142 Division 5 Certification AppUcations for certification 143 Evidence in support of application for certification 144 Inquiry into certification application 145 Joint application by trade unions 146 Timehness of application for certification 147 Appropriate unit 148 Representation vote 149 Prohibitions on certification 150 Certification 151 Effect of certification 152 Consolidation of certificates 153 Division 6 Voluntary Recognition Voluntary recognition 154 Collective bargaining with voluntarily recognized trade union 155 Certification of voluntarily recognized trade union 156 Division 7 Modification of Bargaining Rights Modification of certification of a bargaining agent 157 Effect of sale of business 158 Spin-offs 159 Governing bodies 160 Successor trade union 161 Division 8 Termination of Bargaining Rights Definition 162 Apphcation for revocation of bargaining rights 163 Timeliness of application for revocation 164 Inquiry into revocation application 165 Representation vote 166 Revocation of bargaining rights 167 Revocation without application 168 Division 9 General Provisions on Certification and Voluntary Recognition Continuation of coUective agreement not a bar to certain applications 169 Overriding provision concerning application 170

Division 10 Collective Bargaining Service during collective bargaining 171 Notice to commence collective bargaining 172 Representatives and proposals for collective bargaining 173 Authorization of employers' organization 174 Commencement of bargaining 175 Vote on bargaining proposals 176 Division 11 Mediation and Enhanced Mediation Appointment of mediator 177 Enhanced mediation 178 Appointment of mediation board 179 Recommendations of mediation board 180 Collective agreement after recommendations 181 Questions on recommendations 182 One mediation board appointed per dispute i 183 Division 12 Strikes and Lockouts Application to Board to supervise strike or lockout vote 184 Supervision of strike or lockout vote 185 Expiry of vote and right to strike or lockout 186 Service of strike or lockout notice 187 Strike or lockout notice extended by agreement 188 Strike or lockout notice becomes ineffective 189 Conditions under which strike permitted 190 Conditions under which lockout by employer permitted 191 Conditions under which lockout by an employer's organization permitted 192 Settlement of strike affecting employers' organization 193 Settlement of lockout called by employers' organization 194 Agreement re sections 193 and 194 195 No strike unless permitted 196 No lockout unless permitted 197 Picketing 198 Board powers over unlawful strikes 199 Board powers over unlawful lockout 200 Effect of directive 201 Employment continues 202 Reinstatement of employee 203 Jurisdiction of court 204 Injunctions 205 Division 13 Voluntary Interest Arbitration Agreement re voluntary arbitration board 206 Voluntary arbitration board 207 Powers of voluntary arbitration board 208 Division 14 Compulsory Interest Arbitration Application and prohibition against strike and lockout 209 Request for compulsory arbitration board 210 Establishment of compulsory arbitration board 211 Terms of reference 212 Methods of arbitration 213 Matters to be considered 214

Award 215 Incorporation of award 216 Reconvening of compulsory arbitration board 217 Suspension of dues check-off" 218 Division 15 Disputes Inquiry Board Notice of estabUshment of disputes inquiry board 219 Recommendations of disputes inquiry board 220 Collective agreement after recommendations 221 Incorporation of award 222 Questions on recommendations 223 One disputes inquiry board appointed per dispute 224 Division 16 Emergencies Emergencies 225 Public emergency tribunal 226 Division 17 Disputes Resolution Tribunals Appointment of members of mediation board 227 Appointment of members of interest arbitration boards 228 Appointments by Minister 229 Appointments of members of other boards 230 Membership 231 Referral of other disputes 232 Revocation of appointments 233 Meetings 234 Proceedings 235 Majority award 236 Powers of disputes resolution tribunals 237 Filing and service of award 238 Judicial review 239 Division 18 Effect of a Collective Agreement Effect of coUective agreement 240 Term of collective agreements 241 Bridging of collective agreements 242 Signing of coUective agreement 243 FUing collective agreement 244 Collective agreement declared void 245 Division 19 Collective Agreement Arbitration Definition 246 Requisites of collective agreement 247 Model clauses 248 Other remedies 249 Appointment of single arbitrator 250 Appointment to arbitration board 251 IneligibUity 252 Speeding up decision 253 Majority decision and award 254 Effect of award on coUective agreement 255 Expedited arbitration 256 Powers of arbitrator 257 Parties bound by award 258

Appeal of award 259 Enforcement of award 260 Division 20 Prohibited Practices Alteration of terms of employment 261 Prohibited practices 262 Insurance scheme 263 Prohibited practices 264 Refusal to work 265 Right of employer 266 Division 21 Miscellaneous Health, welfare and pension trusts 267 Non-application of other Acts 268 Division 22 Offences and Penalties Specific offences 269 Penalties re prohibited lockouts 270 Penalties re prohibited strikes 271 General offence and penalty 272 Prosecutions 273

Part 4 Transitional, Consequential, Repeal and Commencement Transitional 274 Apphcation for certification continued under former Act 275 Application for consolidation continued under former Act 276 Application for revocation of certification continued under former Act 277 Application for registration continued under former Act 278 Application for cancellation of registration continued under former Act 279 Proceedings continued 280 Arbitration proceedings continued under former Act 281 Applications continued under former Act 282,283 Inquiries into complaints continued under former Act 284 Documents deemed filed 285 Certification and registration continued 286 Consequential 287,288 Repeal 289 Coming into force 290

Preamble

WHEREAS it is rccoguized that a mutually effective relationship between employees and employers is critical to the capacity of Al- bertans to prosper in the competitive world wide market economy of which Alberta is a part; and

WHEREAS it is fitting that the worth and dignity of aU Albertans be recognized by the Legislature of Alberta through legislation that en courages fair and equitable resolution of matters arising in respect of terms and conditions of employment; and

WHEREAS the employee-employer relationship is based on a com mon interest in the success of the employing organization, best rec ognized through open and honest communication between affected parties; and 8

WHEREAS employees and employers are best able to manage their affairs where statutory rights and responsibilities are clearly estab lished and understood; and

WHEREAS it is recognized that legislation establishing general em ployment standards and supportive of free collective bargaining is an appropriate mechanism through which terms and conditions of em ployment may be established; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) "Director of Employment Standards" means the person ap pointed under the Public Service Act as the Director of Employ ment Standards; (b) "Director of Mediation Services" means the person ap pointed under the Public Service Act as the Director of Mediation Services; (c) "Minister" means the Minister of Labour.

(2) A reference in this Act (

a) to "this Act" includes the regulations made under this Act, and (

b) to a Part of this Act includes the regulations made under that Part.

Delegation of Minister's and Director's responsibilities 2 When the Minister or the Director of Employment Standards or the Director of Mediation Services is given a power or duty under this Act, he may authorize 1 or more employees of the Crown in right of Alberta to exercise or perform that power or duty generally or with respect to any particular case on the conditions or in the circumstances that the Minister or Director prescribes, and that power or duty may then be exercised or performed by the employee so authorized in addition to the Minister or Director.

Witnesses 3(1) The Minister, a member of the Labour Relations Board, an employee of the Crown in right of Alberta employed in the admin istration of this Act or any person designated by the Minister or selected by the parties to endeavour to effect settlement of a dispute is not a compellable witness in proceedings before any court respect ing any information, material or report obtained by him under this Act.

(2) In this section, "court" means the Court of Queen's Bench or any other court and includes the Labour Relations Board or any other board or person having by law or by the consent of the parties authority to hear, receive and examine evidence but does not include an inquiry under the Public Inquiries Act.

PARTI COMMUNICATION AND EDUCATION

Definitions 4 In this Part and

Part 2, (a) "collective agreement" has the same meaning that it has in

Part 3; (b) "employee" means an individual employed to do work who is in receipt of or entitled to wages, and includes a former em ployee; (c) "employer" means a person who employs an employee, and includes a former employer; (d) "employment record" means the record required to be main tained under

section 19 and any other document or record that is necessary in order to determine whether an employee is en titled to wages, overtime pay, entitlements or parental benefits; (e) "employment standards officer" means an individual ap pointed pursuant to the Public Service Act and designated by the Director of Employment Standards as an employment standards officer and includes the Director of Employment Standards; (f) "entitlements" means vacation pay, general holiday pay and pay in place of notice of termination of employment; (g) "forthwith" means within a reasonable time in view of the circumstances; (h) "general holiday" means (

i) New Year's Day, (ii) Good Friday, (iii) Victoria Day, (iv) Canada Day, (

v) Labour Day, (vi) Thanksgiving Day, (vii) Remembrance Day, (viii) Christmas Day, (ix) any other day designated as a general hoUday by the Lieutenant Governor in Council under this Act, and (

x) any other day designated by an employer in accordance with an agreement or by an established custom or practice as a general hoUday for his employees; (i) "general holiday pay" means the general holiday pay payable to an employee under this Act; (j) "hours of work" means the period of time during which an employee works for his employer; 10

(k) "overtime pay" means a payment made or to be made in respect of those hours of work referred to and on the basis spec ified in

section 27 or 28 or the regulations; (I) "overtime rate" means a rate of pay at not less than 1.5 times the wages of an employee; (m) "parental benefits" means the benefits to which an employee is entitled under Division 10 of

Part 2; (n) "pay period" means the period of employment established by an employer for the computation of wages or overtime pay; (o) "served" means served in accordance with

section 13; (p) "umpire" means an individual appointed as an umpire under

Part 2; (q) "vacation pay" means vacation pay payable to an employee under Division 7 of

Part 2; (r) "wage" includes salary, pay, commission or remuneration for work, however computed, but does not include (

i) overtime pay, (ii) entitlements, (iu) a payment made as a gift or bonus that is dependent on the discretion of an employer and that is not related to hours of work, production or efficiency, (iv) expenses or an allowance provided in place of expenses, or (

v) tips or other gratuities; (s) "week" means, subject to

section 23, 7 consecutive days; (t) "work" includes providing a service. Application 5(1) Subjcct to subscction (2), this Part and

Part 2 apply to aU em ployers and employees.

(2) Except for Division 10 of

Part 2 and the other provisions of that Part that are necessary to give effect to that Division, this Part and

Part 2 do not apply to (

a) employers as defined in the Public Service Employee Rela tions Act and to whom that Act applies; (

b) individuals employed by employers as defined in the Public Service Employee Relations Act and to whom that Act applies; (

c) 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; (

d) employees and employers to the extent that another Act or the regulations under

Part 2 state that that Part or a provision of it does not apply to them. 11

Powers of the 6(1) Subject to the other provisions of this Act, the Minister may do those things he considers beneficial to the promotion of fair and equitable employment standards and labour relations in Alberta.

(2) Without restricting the generality of subsection (1), the Minister may (

a) collect information and statistics relating to employment standards and labour relations, and (

b) disseminate information in a manner and form that he con siders will best promote fair and equitable employment standards and labour relations. Multi-sector 7(1) The Minister may establish one or more councils to act in an advisory council ^dvisory Capacity with respect to employment standards and labour relations.

(2) The Minister may, with respect to a council established under this section, (

a) appoint or provide for the manner of appointment of its members, (

b) prescribe the term of office of any member, (

c) designate or provide for the designation of a chairman, vice- chairman and secretary, (

d) authorize, fix and provide for the payment of remuneration and expenses to its members, and (

e) make rules governing the calling of its meetings, the conduct of business at its meetings, reporting and any other matters as required.

(3) A council established pursuant to this

section may make rules governing any matter referred to in subsection (2)(

e) to the extent that the Minister has not made rules under that clause governing the matter.

(4) Subject to the other provisions of this Act, a council established pursuant to this

section may exercise the powers and shall perform the duties and functions that the Minister confers or imposes on it. Round-table conference 8 The Minister may convene a conference consisting of represen tatives of business, trade unions, the academic community and any other groups he considers advisable for the purpose of developing a general understanding of Alberta's economic circumstances and those factors critical to continued economic growth. Regulations 9(1) The Lieutenant Governor in CouncU may make regulations (

a) establishing structures and procedures through which em ployers and employees can consult, communicate and exchange information respecting matters of mutual interest related to the employment relationship; (

b) authorizing the Minister to direct an employer and his em ployees to participate in a structure or procedure estabhshed under clause (a); 12

(

c) co-ordinating any communication or consultation procedures established by the regulations under this

section with the collec tive bargaining relationship between an employer and a certified bargaining agent; (

d) governing the nature of information that employers and em ployees must make available in support of the operation of com munication or consultation procedures; (

e) establishing the size and nature of businesses to which the regulations apply, and any other conditions considered necessary to ensure effective implementation of regulations under this sec tion.

(2) A person who contravenes a direction of the Minister under the regulations under subsection (

I) is guilty of an offence.

(3) If there is a conflict between a regulation made under this

section and a communication or consultation procedure established under a collective agreement or under

Part 3, the communication or consul tation procedure established under the coUective agreement or

Part 3 shall prevail.

PART 2 EMPLOYMENT STANDARDS Division 1 Operation Civil remedies and greater benefits Agreements excluding application of Part are void Employment deemed continuous 10(1) Nothing in this Part affects (

a) any civil remedy an employee has against his employer or that an employer has against his employee; (

b) a provision in an agreement, a right at common law or an estabUshed custom or practice that (

i) provides to an employee wages, overtime pay, entitle ments, parental benefits or other benefits at least equal to those provided under this Part, or (ii) imposes on an employer an obligation or duty greater than that provided under this Part.

(2) If a collective agreement or any other agreement or a right at common law or an established custom or practice provides an em ployee with wages, overtime pay, entitlements, parental benefits or other benefits greater than that provided in this Part, the employer shall give those greater benefits to his employee. 11 An agreement by a person that this Part or a provision of it does not apply or that the remedies provided by it are not to be avaUable for his benefit is against public policy and void. 12 For the purposes of this Part, the employment of an employee shaU be deemed to be continuous and uninterrupted and this Part, mcluding, without hmitation, Di-vdsions 7, 8, 9 and 10 applies to the 13

benefit of the employees when a business, undertaking or other activ ity or part thereof is sold, leased, transferred or merged. Division 2 Administration Service of 13(1) If anything is required or permitted to be served under this documents p^^^ -^ ^^^^ ^^ addition to any other method provided by law, be served (

a) in the case of an individual (

i) personally or by leaving it for him at his last or most usual place of abode with some person there present who is appar ently at least 18 years old, or (ii) by sending it to him by double registered mail or certified mail to his residence, place of business or last known postal address; (

b) in the case of a corporation (

i) personally on a director, officer or the manager or person in charge of a place where the corporation carries on business, (ii) by leaving it with some person who is apparently at least 18 years old at, or by sending it by double registered or cer tified mail to (

A) the registered head office of the corporation, or (

B) the office of the attorney of an extra-provincial cor poration, or (iii) by sending it by double registered or certified mail to a director of the corporation at his residence or last known postal address; (

c) in the case of a partnership (

i) personally or by double registered or certified mail on any one or more of the partners, or a person having, at the time of service, control or management of the partnership business at the principal place of business of the partnership, or (ii) by sending it by double registered or certified mail to any one or more of the partners at his residence or last known postal address.

(2) When it is necessary to prove service of anything in the course of any proceeding or prosecution under this Part, (

a) if service is effected personally, the date on which it is served is the date of service; (

b) if service is effected by double registered mail or certified mail, service of it shall be deemed to occur on (

i) the date of actual receipt, or 14

(ii) 7 days after the date of mailing where proof of service is received without evidence of the date received; (

c) if service is effected by leaving it with a person, service of it shall be deemed to occur on the date it was so left. Certification of copies Certificate of non-compliance Authority of officers 14 In a proceeding or prosecution under this Part, (

a) a copy of a notice, directive, order, approval, permit, deter mination, demand or declaration certified by an employment standards officer or an umpire to be a true copy, or (

b) a copy of an employment record or other document or an extract of an employment record certified to be a true copy by an employment standards officer or an employee of the Crown in right of Alberta employed in the administration of this Act, shall be admitted in evidence as prima facie proof of the matters stated in it without proof that the certificate was signed by the person purporting to sign it or of the appointment of the person signing. 15 In a proceeding or prosecution under this Part a certificate of the Director of Employment Standards that an employer has failed to comply with a notice, directive, demand or order is prima facie proof of the failure of the employer to comply, without proof that the certificate was signed by the Director or of the appointment of the Director. 16(1) An employment standards officer may (

a) enter at any reasonable time any premises or other place in which he has reason to believe that an individual is or was em ployed for the purpose of inspecting employment records and making copies of them; (

b) require an employer, employee or any other person to pro vide oral or written statements respecting any matter relating to employment or employment records; (

c) make any inspection, investigation and inquiry that is neces sary to ascertain whether this Part or any order, determination, demand or declaration made, permit or approval granted or no tice given under this Part has been or is being compUed with; (

d) question an employee, without his employer being present, during the employee's regular hours of work or otherwise to as certain whether this Part or an order, determination, demand or declaration made, permit or approval granted or notice given under this Part has been or is being compUed with; (

e) require a person supplying information or giving oral or writ ten statements to give any of them in the form of a written state ment under oath; (

f) by notice in writing, demand the production of employment records for inspection either forthwith or at a time, date and place specified in the notice; (

g) on giving a receipt for it, remove any employment record for not more than 48 hours for the purpose of making copies of it; 15

Conditions attached to orders or directives Assistance provided to officers (

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

i) by notice in writing, require an employer to post notices, com munications or portions of this Act or the regulations at locations at the employer's place of business specified in the notice.

(2) Notwithstanding subsection (l)(a), an employment standards of ficer shall not enter a private dwelling unless the occupier of the dwelling consents to the entry. 17(1) In exercising a power or duty under this Part, an employment standards officer may (

a) attach any conditions he considers necessary either generally or specifically, or (

b) specify a time within which anything must be done, or both.

(2) Except as otherwise provided in this Part, a notice, directive or order given or an approval or permit granted by an employment standards officer under this Part may be revoked, amended or varied by an officer at any time or at those times specified in the notice, directive, approval or permit. 18 Every employer, every person acting on his behalf and every employee shall give whatever assistance is necessary to an employ ment standards officer to enable him to make an entry, inspection, investigation or inquiry.

Division 3 Employment Records Maintenance of 19(1) Subjcct to this Act, cvcry employer shaU maintain in each ?rcoJds'"^"^ place of business operated by the employer in Alberta a record of the following in respect of each of his employees employed at that place of business: (

a) hours of work each day, recorded daily; (

b) wages and overtime pay paid; (

c) name, address and date of birth; (

d) date of commencement of the present term of employment; (

e) wage rate and overtime rate at commencement of employ ment, and date and particulars of each change to them; (

f) each annual vacation granted, showing (

i) the dates of commencement and completion, and (ii) the period of employment covered by the annual vaca tion; (

g) amount of vacation pay paid; 16

Location of employment records Keeping employment records Statement of employment (

h) general hoUday pay paid and the date on which a general holiday is taken if it is not taken on the actual day of the general hoUday; (

i) amount of each deduction from the wages, overtime pay or entitlements of the employee and the purpose for which each deduction is made; (

j) copies of written requests to an employee to return to work after a temporary layoff and any notice of termination of em ployment; (

k) amount of money paid in place of notice of termination of employment; (1) copies of all letters, documents and certificates relating to pa rental benefits.

(2) Subsection (l)(

a) does not apply to an employee employed en tirely in (

a) a supervisory capacity, (

b) a managerial capacity, or (

c) a capacity concerning matters of a confidential nature and whose duties do not, other than in an incidental way, consist of work similar to that performed by other employees who are not so employed. 20(1) An employer may, with the written consent of the Director of Employment Standards, maintain employment records in whole or in part at his principal place of business in Alberta or at any other place that the Director of Employment Standards may designate.

(2) A consent under subsection (1) is subject to any terms and con ditions that the Director of Employment Standards may prescribe. 21 Employment records shaU be retained by an employer for at least 3 years from the date each record is made. 22(1) Every employer shaU, at the end of each pay period, provide each of his employees with a statement in writing, for retention by the employee, setting out for the period and in respect of the em ployee the foUowing information: (

a) regular hours of work; (

b) overtime hours of work; (

c) wage rate; (

d) overtime rate; (

e) wages paid; (

f) overtime pay paid; (

g) vacation pay paid; (

h) general hoUday pay paid; 17

(

i) money paid in place of notice of termination of employment; (

j) amount of each deduction from the wages, overtime pay or entitlements of the employee and the purpose for which each deduction is made; (

k) period of employment covered by the statement.

(2) An employer shall, on request, give to an employee a detailed statement as to the computation of the amount of wages, overtime pay and entitlements to which the employee is entitled and the method of computing any bonus or living allowance paid, whether or not it forms part of wages.

(3) On the termination of employment of an employee, an employer shall, on request, give to the employee a written statement showing the period or periods during which the employee was employed by him. Division 4 Payment of Wages, Overtime Pay and Entitlements

Definitions 23 In this Division and in Division 5, (a) "day" means a 24-hour period ending at midnight or a 24- hour period as established by the consistent practice of an em ployer; (b) "month" means a calendar month, or the period from a time on a specific day in a month to the same time of the same day in the following month as established by the consistent practice of an employer; (c) "week" means the period between midnight on a Saturday and midnight on the following Saturday, or 7 consecutive days as established by the consistent practice of an employer; (d) "2-week period" means the period from midnight on a Sat urday to midnight on the Saturday 2 weeks following, or 14 con secutive days as established by the consistent practice of an em ployer.

Period for 24 Wagos and overtime pay shaU be computed by an employer over andovertfnTe^lay ^ period of employment that does not exceed 1 month or any longer period that the Director of Employment Standards may approve. Payment of 25(1) Subjcct to subsection (2), within 7 days after the end of each pay and^^*^™^ pay pcriod an employer shall pay to each employee the wages, over- entitiements time pay and entitlements earned by the employee in the pay period.

(2) If the employment of an employee is terminated, whether by the employer or the employee, the employer shall pay the employee the wages, overtime pay and entitlements to which the employee is en titled forthwith after the termination of employment.

(3) AU wages, overtime pay and entitlements owing to an employee shall be paid by the employer (

a) in Canadian curtency. 18

(

b) by cheque, bill of exchange or order to pay, payable on de mand, drawn on a bank, treasury branch, credit union or trust company or other corporation insured under the Canada Deposit Insurance Corporation Act (Canada), or (

c) if the employer so chooses, by direct deposit to an account of the employee's choice in a bank, treasury branch, credit union or trust company or other corporation insured under the Canada Deposit Insurance Corporation Act (Canada). Deductions 26(1) Subjcct to subscction (2), an employer shall not set off against, deduct, claim or make a claim against or accept from the wages, overtime pay or entitlements of an employee any sum of money.

(2) An employer may deduct from the wages, overtime pay or enti tlements of an employee a sum of money that is (

a) permitted or required to be deducted by

an Act or regulation or a judgment or order of a court, or (

b) subject to subsection (3), personally authorized in writing by the employee to be deducted or authorized to be deducted by a collective agreement that is binding on the employee.

(3) Notwithstanding any written authorization by an employee or authorization in a collective agreement, an employer shall not deduct from the wages, overtime pay or entitlements of an employee a sum for (

a) faulty workmanship, or (

b) cash shortages or loss of property if an individual other than the employee has access to the cash or property. Division 5 Hours of Work and Overtime Pay Hours of work 27(1) Subjcct to soctions 28 and 29, no employer shaU require or and overtime pay pej.jiiit an employee to work for more than 8 hours in a day or 44 hours in a week unless the employer pays that employee at the over time rate in accordance with subsections (2) and (3).

(2) If in a week an employee completes 44 hours of work or less but on one or more of the days in the week he completes more than 8 hours of work, the overtime rate shaU be paid for those hours of work in excess of 8 in each day.

(3) If in a week an employee completes more than 44 hours of work, (

a) the hours of work in excess of 8 in each day of the week shaU be totalled, and (

b) the hours of work in excess of 44 in the week shaU be totalled, and the overtime rate shaU be paid for whichever is the greater num ber of hours under clause (

a) or (b), or if they are the same, that common number of hours. Compressed work week 28(1) For the purpose of containing hours of work within 8 days in a 2-week period, an employer may require or permit, through the 19

establishment of a specific schedule, an employee to work no more or less than 10 hours in a day and no more or less than 80 hours in a 2-week period.

(2) If in the 2-week period an employer requires or permits an em ployee to work, in an incidental way, more or less than 10 hours in a day or more or less than 80 hours in the 2-week period, (

a) the hours of work in excess of 10 in each day of the period shall be totalled, and (

b) the hours of work in excess of 80 in the period shall be to talled, and the overtime rate shall be paid for whichever is the greater num ber of hours under clause (

a) or (b), or if they are the same, that common number of hours.

(3) If in the 2-week period an employer requires or permits a varia tion of the daily or bi-weekly hours of work of an employee so as to constitute a prevalent departure from the

schedule referred to in subsection (1), the overtime rate is payable in accordance with sec tion 27.

(4) If an employee who works in accordance with this

section com pletes more than 44 hours of work in the last week of his employ ment, (

a) the hours of work in excess of 10 in each day of the week shaU be totaUed, and (

b) the hours of work in excess of 44 in a week shall be totalled, and the overtime rate shall be paid for whichever is the greater num ber of hours under clause (

a) or (b), or if they are the same, that common number of hours. Exempted 29(1) Soctions 27 and 28 do not apply to an employee employed employees entirely in (

a) a supervisory capacity, (

b) a managerial capacity, or (

c) a capacity concerning matters of a confidential nature and whose duties do not, other than in an incidental way, consist of work similar to that performed by other employees who are not so employed.

(2) An employment standards officer may determine whether an in dividual is or is not employed entirely in a capacity referted to in subsection (1).

(3) A copy of the determination made under subsection (2) shall be served on the employer and employee affected by it.

(4) An employer or employee affected by a determination made under this

section may appeal to an umpire in accordance with

section 100. 20

Extended hours of work Hours of rest Notice re work schedules 30(1) The hours of work of an employee shall be confined within a period of 10 consecutive hours in any one day unless (

a) an accident occurs, urgent work is necessary to a plant or machinery, or other unforeseeable or unpreventable circum stances occur, in which case the hours of work shall be increased only to the extent necessary to avoid serious interference with the ordinary working of a business, undertaking or other activity, (

b) the Director of Employment Standards issues a permit au thorizing extended hours of work, or (

c) a regulation permits extended hours of work.

(2) The Director of Employment Standards may issue a permit under subsection (l)(

b) with respect to a place of business if he is satisfied that a majority of the employees at the place of business are in favour of the extended hours of work. 31(1) An employer shaU aUow his employees at least (a) 1 day of rest each week, (b) 2 consecutive days of rest in each period of 2 consecutive weeks, (c) 3 consecutive days of rest in each period of 3 consecutive weeks, or (d) 4 days of rest in each period of 4 consecutive weeks.

(2) No employer shall cause an employee to work more than 24 consecutive days without 4 consecutive days of rest.

(3) An employer shaU grant each of his employees a rest period of at least Vi hour during every 5 consecutive hours of work unless (

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

b) the Director of Employment Standards issues a permit au thorizing the exemption to this section, (

c) a regulation permits an exemption to this section, (

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

e) it is not practical for the employee to take a rest period.

(4) The Director of Employment Standards may issue a permit under subsection (3)(

b) with respect to a place of business if he is satisfied that a majority of the employees at the place of business are in favour of the exemption. 32(1) Every employer shaU notify his employees (

a) of the time at which work begins and ends, and (

b) of the time at which each shift begins and ends, by posting notices in places where they can be seen by his employees or by any other method the Director of Employment Standards ap proves. 21

Notice of reduction in wages, etc. Hours of work regulations

(2) An employee shall not be required to change from one shift to another shift without at least (a) 24 hours' notice in writing of the change of shift, and (b) 8 hours of rest between shifts. 33 An employer shall notify each of his employees affected by a reduction in wage rate, overtime rate or entitlements prior to the commencement of the pay period in which the reduction is to take effect. 34(1) The Lieutenant Governor in Council may make regulations (

a) prescribing the hours of rest to be provided to employees in addition to or in substitution for those specified in this Part dur ing the period of time specified in the regulations; (

b) governing the hours within which the hours of work of an employee are to be confined in addition to or in substitution for those specified in this Part; (

c) prescribing those hours of work in respect of which the over time rate is to be paid or is not to be paid, as the case may be, in addition to or in substitution for those specified in this Part and matters related thereto, and determining for the purpose of the regulation what constitutes an hour of work; (

d) prescribing the hours of the day at which work is to begin and end and prohibiting the employment of employees other than during the hours prescribed.

(2) A regulation made under this

section applies notwithstanding anything in this Part to the contrary. Division 6 Minimum Wage 35 The Lieutenant Governor in Council may make regulations (

a) fixing 1 or more minimum wages to be paid by employers to employees; (

b) permitting or prohibiting deductions from a minimum wage; (

c) fixing maximum amounts to be charged for board or lodging or both that are provided by employers to employees. Employment of 36 The Dircctor of Employment Standards may issue to the em- ilfdivS^^ ployer or prospective employer of an individual who is handicapped a permit authorizing (

a) the employer to pay the individual a wage at less than the minimum wage to which he would otherwise be entitled, and (

b) the prospective employee to receive less than the minimum wage if the Director of Employment Standards is satisfied that the pro posed employment arrangement between the employer and prospec tive employee is satisfactory for both of them in all the circum stances. Minimum wage regulations 22

Division 7 Vacations and Vacation Pay

Interpretation 37 In this DivisioU, Vacation and vacation pay entitlement Proportionate reduction in vacation pay (a) "year of employment" means a period of 12 consecutive months from (

i) the date on which the employee's employment actually commenced, or (ii) if a common anniversary date is established by an em ployer for the purpose of determining the vacation and va cation pay of his employees or a group of them, that common anniversary date, and each subsequent period of 12 consecutive months; (b) "5 years of employment" means 5 consecutive years of em ployment with an employer and may include more than 1 period of employment with the employer if not more than 3 months has elapsed between each period of employment. 38(1) Subject to

section 39, an employer shall give to each of his employees, (

a) after 1 year of employment with the employer, an annual vacation of at least 2 weeks, and (

b) after 5 years of employment with the employer, an annual vacation of at least 3 weeks with vacation pay calculated in accordance with subsections (2) and (3).

(2) The vacation pay payable for each week of vacation to an em ployee who is paid by the month is an amount equal to the wage of the employee for his normal hours of work in a month divided by 41/3.

(3) The vacation pay payable to an employee who is paid other than by the month (

a) in the case of an employee who is entitled to 2 weeks of vacation is an amount equal to 4% of the employee's wages for the year of employment with respect to which the vacation is given, and (

b) in the case of an employee who is entitled to 3 weeks of vacation is an amount equal to 6% of the employee's wages for the year of employment with respect to which the vacation is given. 39 If an employee does not work for his employer for all the days he would normally have been scheduled to work, the employer may reduce the employee's vacation and vacation pay proportionately, according to the number of days that the employee was expected to work but did not do so. 23

Prorated vacation entitlement Payment of vacation pay Annual vacation 40(1) If (

a) an employee's year of employment is based on a common anniversary date, and (

b) the employee commenced employment after that date in a year, the employer shall give to that employee, after the next occurrence of the common anniversary date, an annual vacation in accordance with subsection (2) with vacation pay.

(2) The annual vacation of the employee shall be calculated on a pro rata basis bearing the same relationship to 2 weeks' vacation as the period of time elapsed between (

a) the date the employee's employment commenced, and (

b) the next occurrence of the common anniversary date, bears to 1 year.

(3) The vacation pay payable under subsection (1) shall be calculated in accordance with

section 38(2) and reduced proportionately accord ing to the length of vacation to which the employee is entitled under subsection (2). 41(1) Subject to subsection (2), vacation pay shaU be paid to an employee at least 1 day but not more than 2 weeks before the com mencement of the employee's annual vacation or, at the request of the employee, on the employee's next scheduled pay day.

(2) If the employment of an employee is terminated, whether by the employer or the employee, the employer shall pay the employee, forthwith after termination of employment, vacation pay calculated, (

a) in the case of an employee who has not become entitled to an annual vacation, an amount equal to 4% of his wages during his period of employment, or (

b) if an employee has become entitled to an annual vacation, an amount equal to (

i) the vacation pay to which he would have been entitled in that year if he had remained employed by the employer, (ii) in the case of an employee who has been employed for fewer than 5 years, 4% of his wages for the period from the date he was last entitled to an annual vacation to the date of termination of employment, and (iii) in the case of an employee who has been employed for 5 years or more, 6% of his wages for the period from the date he was last entitled to an annual vacation to the date of ter mination of his employment. 42(1) An employer shall grant the annual vacation to which an em ployee is entitled in periods that are not shorter than 1 week.

(2) An employee shall be granted his annual vacation with vacation pay not later than 12 months after the date on which he becomes entitled to the annual vacation. 24

Notice by 43 If an employer and an employee cannot agree on the date of a^'ll^wacation Commencement of the employee's annual vacation, the employer shall give to the employee at least 2 weeks' written notice of the date on which the employee's annual vacation shall commence. Vacation and vacation pay regulations 44(1) The Lieutenant Governor in Council may make regulations (

a) requiring an employer in an employment described or re ferred to in the regulations to pay an employee a sum of money as vacation pay in place of giving him an annual vacation with pay; (

b) governing what constitutes a period of employment that will entitle an employee to an annual vacation with vacation pay or to a payment of a sum of money as vacation pay in place of an annual vacation with vacation pay; (

c) governing what constitutes vacation pay, the method of com puting it and the time at which it must be paid to an employee.

(2) A regulation made under this

section applies notwithstanding anything in this Part to the contrary.

Definitions When employee not entitled to general holiday pay General holiday on working day Division 8 General Holidays and General Holiday Pay 45 In this Division, (a) "average daily wage" means (

i) the daily wage of an employee averaged over the employ ee's employment with an employer, or (ii) the daily wage of an employee averaged over the 9 weeks of employment with an employer immediately preceding the week in which a general holiday occurs, whichever is the shorter period; (b) "daUy wage" means the wage to which an employee would be entitled if the employee worked on a normal working day of the employer that is not a general hoUday. 46 An employee is not entitled to general holiday pay if the em ployee (

a) has not worked at least 15 days of the 30 days immediately preceding the general holiday, (

b) does not work on a general hoUday when he is required or scheduled to do so, or (

c) is absent from his employment without the consent of his employer on the employee's last regular working day preceding, or the employee's first regular working day following, a general holiday. 47 If a general holiday faUs on a day that would, but for the general hoUday, have been a working day for an employee and the employee does not work on that day, the employer shaU pay the employee, for 25

that day, general holiday pay that is at least equal to the average daily wage of the employee. General holiday 48 If a general holiday falls on a day that would, but for the general pay entit ement hoUday, havc bcon a working day for the employee and the employee works on the general holiday, the employer shall (

a) pay the employee general holiday pay (

i) for each hour of work of the employee on that day, a sum that is at least equal to 1.5 times the hourly wage of the employee, and (ii) a sum that is at least equal to the average daily wage of the employee. General holiday on non-working day General holiday during annual vacation Effect of general holiday on overtime calculation or (

b) provide the employee (

i) for each hour of work of the employee on that day, with a sum that is at least equal to the hourly wage of the em ployee, (ii) with 1 days' holiday, not later than the next annual va cation of the employee, on a day that would, but for the holiday, be a working day for the employee, and (iii) in respect of the holiday referred to in subclause (ii), with general holiday pay of a sum that is at least equal to the average daily wage of the employee. 49 If a general holiday falls on a day that is not normally a working day for an employee, but the employee is required or scheduled to work on the general holiday, the employer shall pay the employee, for each hour of work of the employee on that day, general holiday pay of a sum that is at least equal to 1.5 times the hourly wage of the employee. 50 If a general holiday falls within the annual vacation of an em ployee, the employer shaU, if the general holiday is one to which the employee would have been entitled if he had not been on his annual vacation, give the employee (

a) a holiday on what would have been the first day the employee would have worked after his annual vacation or, by agreement with his employer, on another day that the employee would have worked after his annual vacation and before his next annual va cation, and (

b) general holiday pay of a sum that is at least equal to the average daily wage of the employee. 51 If an employee works on a general hoUday and is paid in accord ance with

section 48(a)(i), the hours worked shall not be considered in calculating any overtime pay under Division 5 for the week in which the general holiday occurs. 26

Prohibition re replacing general holiday General holiday pay regulations 52 If an employee does not work on a general holiday, his employer shall not require him to work on another day of that week that would otherwise be a day of rest for the employee unless he is paid his wages and overtime pay, if any, for that day of work in addition to other wages and overtime pay due to him. 53(1) The Lieutenant Governor in Council may make regulations (

a) requiring an employer in an employment described or re ferred to in the regulations to pay an employee a sum of money as general holiday pay in place of giving him a general holiday with general holiday pay; (

b) governing the conditions on which an employee is entitled to general holiday pay under the regulations; (

c) governing what constitutes general holiday pay, the method of computing it and the time at which it must be paid; (

d) designating a day as a general holiday for the purposes of this Act.

(2) A regulation made under this

section applies notwithstanding anything in this Part to the contrary.

Definitions Separate periods of employment deemed 1 period Termination of employment Division 9 Termination of Employment 54 In this Division, (a) "notice of termination" means a written notice of termina tion of employment given by an employer to an employee in accordance with

section 56 or by an employee to an employer in accordance with

section 58; (b) "temporary layoff" means (

i) a layoff of less than 60 days, or (ii) a layoff of 60 days or more if during the period of layoff (

A) the laid off employee receives wages or payment in place of wages in an amount agreed to by the employer and employee, or (

B) the employer makes payments for the benefit of the laid off employee pursuant to a pension or employee in surance plan or the like. 55 For the purpose of this Division, when an employee has been employed by the same employer more than once, the periods of employment with that employer shall be considered to be 1 period of employment if not more than 3 months has elapsed between each period of employment. 56(1) Subject to

section 57, no employer shall terminate the employ ment of an employee unless he gives the employee (

a) notice oftermination in accordance with subsection (2), or 27

(

b) a sum of money in place of notice of termination in accord ance with subsection (2)(b).

(2) If an employer wishes to terminate the employment of an em ployee by notice of termination, the employer shall give the em ployee (

a) written notice of termination of employment of at least (

i) I week, if the employee has been employed by the em ployer for more than 3 months but less than 2 years, (ii) 2 weeks, if the employee has been employed by tlie em ployer for 2 years or more but less than 4 years, (iii) 4 weeks, if the employee has been employed for 4 years or more but less than 6 years, (iv) 5 weeks, if the employee has been employed for 6 years or more but less than 8 years, (v) 6 weeks, if the employee has been employed for 8 years or more but less than 10 years, or (vi) 8 weeks, if the employee has been employed for 10 years or more, indicating on the notice the date it is issued, or (

b) a sum of money that is at least equal to the wages the em ployee would have earned if the employee had worked his regular hours of work for the period of notice applicable to the employee under clause (a).

(3) If the wages of an employee vary from 1 week to another or one 2-week period to another, as the case may be, the average of the employee's wages for the 3-month period that the employee worked immediately preceding the date of termination of employment shaU be used in determining the sum to be paid to an employee pursuant to subsection (2)(b). No notice of 57 No noticc of termination of employment or payment of money re™ir"d*'°" in placc of notice of termination is required to be given or paid by an employer under this Part to terminate the employment of an employee if (

a) the employee has been employed by his employer for 3 months or less; (

b) the employee is employed at the site of and in the construc tion, erection, repair, remodelling, alteration, painting, interior decoration or demolition of any (

i) building or structure; (ii) road, highway, railway or airfield; (ui) sidewalk, curb or gutter, (iv) pipeUne; (

v) irrigation or drainage system; 28

(vi) earth and rock fill dam; (vii) sewage system; (viii) power transmission Une or power distribution system; (ix) gas distribution system; other than an employee who (

x) is employed to perform maintenance, or (xi) is employed as an office employee; (

c) the employee is employed for a definite term or task for a period not exceeding 12 months on completion of which the em ployment terminates; (

d) the employee is temporarily laid off; (

e) the employee's employment is terminated for just cause; (

f) the employee is laid off after refusing an offer by the employer of reasonable alternative work; (

g) the employee refuses work made available through a seniority system; (

h) the employee is not provided with work by his employer by reason of a strike or lockout occurring at the employee's place of employment; (

i) the employee on temporary layoff does not return to work within 7 days after being requested to do so in writing by his employer; (

j) the employee is employed under an agreement by which the employee may elect to either work or not work for a temporary period when requested to do so by his employer; (

k) the contract of employment is or has become impossible for the employer to perform by reason of unforeseeable or unprev entable causes beyond the control of the employer, (1) the employee is employed on a seasonal basis and on the completion of the season the employee is terminated; (

m) the employee is employed in the cutting, removal, burning or other disposal of trees and brush or either of them for the primary piuTJOse of clearing land and not for the harvesting of timber on it. Notice of 58(1) If an employee wishes to terminate his employment, the em- e^i^if" ^^ ployee shaU give his employer notice of his intent to terminate his employment of at least (a) 7 days, if the employee has been employed by the employer for more than 3 months but less than 2 years, or (b) 14 days, if the employee has been employed by the employer for 2 years or more. 29

(2) Subsection (1) does not apply where (

a) there is an established custom or practice in any industry respecting the termination of employment that is contrary in whole or in part to subsection (1), (

b) the employee terminates his employment because of endan- germent to his personal health or safety if he continues to be employed with his employer, (

c) the contract of employment is or has become impossible for the employee to perform by reason of unforeseeable or unprev entable causes beyond the control of the employee, (

d) the employee is an employee referred to in

section 57(a), (b), (d), (h),

G) or (m), or (

e) the employee terminates his employment because of a reduc tion in wage rate, overtime rate or entitlements. Prohibition re 59 When a uotico of termination is given by the employer to the ^temination*""^ cmploycc or by the employee to the employer, (

a) the employer shall not reduce the wages, rate of wages or alter any term or condition of employment of the employee, (

b) the employer shall, between the time that notice of termina tion is issued and the date of termination of employment, pay wages, overtime pay and entitlements to the employee at not less than the wages, overtime pay and entitlements to which he would have been entitled if the employee had worked his regular hours of work in that week whether or not work is required to be per formed, and (

c) the employee remains in the employ of the employer until the date specified in the notice unless (

i) the employer gives the employee a sum of money in place of notice of termination in accordance with

section 56(2)(b), or (ii) the employee's employment is terminated under

section 57(e), (f), (g), (

h) or (k). Continuation of 60 Noticc of termination is void and of no effect if an employee eMoyment after continues to be employed by his employer after the date specified for termination of employment. Money in place 61(1) If an employee is to be given a sum of money in place of notice of notice of termination of termination, the employer shall pay that sum to the employee forthwith after the termination of employment.

(2) When a laid off employee ceases to be on temporary layoff and is no longer employed by the employer, the employment of the em ployee shall be deemed to have been terminated on the last day of temporary layoff and the employer shall pay to the employee a sum of money in place of notice of termination forthwith after the date that the employee ceases to be on temporary layoff. 30

Termination for redundancy or economic change 62 If an employer intends to terminate the employment of 50 or more employees within a 4-week period, the employer shall give to the Minister 4 weeks' written notice of intention to terminate em ployment specifying the number of employees whose employment wiU be terminated and the effective date of the terminations. Division 10 Parental Benefits

Definitions Entitlement to maternity leave Notice to commence maternity leave Shortening maternity leave No notice of maternity leave 63 In this Division, (a) "date of deUvery" means the date when the pregnancy of an employee terminates with the birth of a child or the pregnancy otherwise terminates; (b) "medical certificate" includes a written statement for the pur pose of this Division containing the signature of a physician. 64(1) A pregnant employee who has been employed by an employer for a continuous period of at least 12 months is entitled to maternity leave without pay.

(2) A pregnant employee referred to in subsection (1) is entitled to maternity leave of (

a) a period not exceeding 18 weeks commencing at any time during the period of 12 weeks immediately preceding the esti mated date of delivery, and (

b) if the actual date of delivery is after the estimated date of delivery, an additional period consisting of the time between the estimated date of delivery and the actual date of delivery.

(3) Subject to

section 66, the maternity leave shall include a period of at least 6 weeks immediately following the actual date of delivery. 65(1) A pregnant employee shall give her employer at least 2 weeks' notice in writing of the day on which she intends to commence ma ternity leave and, if so requested by her employer, shall provide her employer with a medical certificate certifying that she is pregnant and giving the estimated date of delivery.

(2) A pregnant employee is entitled to commence maternity leave referred to in

section 64 on the expiration of the 2 weeks' notice given under subsection (1). 66 An employee, with the agreement of her employer, may shorten the duration of the 6-week period foUowing the actual date of dehv- ery by providing her employer with a medical certificate indicating that resumption of work by the employee wiU not endanger her health. 67 An employee who fails to comply with

section 65 and who is otherwise entitled to maternity leave is entitled to maternity leave for any of the period specified in

section 64(2) if within 2 weeks after she ceases to work she provides her employer with a medical certif icate (

a) indicating that she is not able to work by reason of a medical condition arising from her pregnancy, and 31

Extended maternity leave (

b) giving the estimated date of delivery or the actual date of delivery. 68 When an employee takes maternity leave under this Division and is unable to return to work after the expiration of the period referted to in

section 64(2) by reason of a medical condition of the employee or the child arising after the date of delivery, her employer shall grant the employee a further period of maternity leave without pay of not more than 3 weeks if she provides her employer with a medical certificate indicating that owing to a medical condition aris ing following the date of delivery she is not able to return to work at that time.

Notice to commence maternity leave Adoption leave Prohibition against termination of employment Notice of resumption of employment 69 If during the 12-week period immediately preceding the esti mated date of delivery the pregnancy of an employee interferes with the performance of the employee's duties, the employer may, by notice in writing to the employee, require the employee to commence maternity leave under this Division. 70(1) An employer shall grant adoption leave, in accordance with subsection (2), to an employee who is the adoptive parent of a child under the age of 3 years and who (

a) has been in the employment of the employer for a continuous period of at least 12 months, and (

b) submits a written notice of leave to the employer at least 2 weeks before the employee can reasonably expect to first obtain custody of the child being adopted.

(2) Adoption leave consists of a period of not more than 8 weeks of leave without pay commencing on the date on which the adopting parent first obtains custody of the child being adopted.

(3) Where an employee is unable to comply with subsection (l)(b), the employee shall give notice to the employer forthwith after receiv ing notice of the adoption.

(4) Only 1 parent of a child referred to in subsection (2) shall be granted adoption leave under this section. 71 Subject to

section 73, no employer shaU terminate the employ ment of or lay off an employee who (

a) has commenced maternity leave, or (

b) is entitled to or has commenced adoption leave, under this Division. 72(1) An employee who wishes to resume employment on the expi ration of parental leave under this Division shall give the employer 2 weeks' notice in writing of the day on which the employee intends to resume employment and the employer shall (

a) reinstate the employee in the position occupied at the time that parental leave commenced, or 32

Suspension of operations Regulations for employment of adolescents (

b) provide the employee with alternative work of a comparable nature, at not less than the same wages, entitlements and other benefits that had accrued to the employee to the date that parental leave com menced.

(2) No employer is required to allow an employee to whom mater nity leave has been granted under this Division to resume her em ployment with the employer after the date of delivery until after the expiration of 2 weeks from the date on which the employee notifies the employer of her intention to resume employment. 73(1) If an employer has suspended or discontinued his business, undertaking or other activity wholly or partly during the period of an employee's parental leave under this Division and the employer has not resumed operations on the expiration of the employee's pa rental leave, the employer shall, on resumption of the business, un dertaking or other activity, (

a) reinstate the employee in the position occupied at the time that parental leave commenced at not less than the same wages and entitlements and other benefits that had accrued to the em ployee to the date that parental leave commenced, or (

b) provide the employee with alternative work in accordance with an estabUshed seniority system or practice of the employer in force at the time the employee's parental leave commenced, with no loss of seniority or other benefits accrued to the employee to the date that the employee commenced parental leave.

(2) The requirement for an employer to reinstate or provide an em ployee with alternative work under subsection (1) extends for a pe riod of 12 months from the date of expiration of the employee's parental leave. Division 11 Employment of Young Persons 74(1) Subject to subsection (3), no person shall during normal school hours (

a) employ, or (

b) permit to work on his premises a chUd who is required to attend school under the School Act.

(2) Subject to subsection (3) and the regulations made under subsec tion (4), no individual under the age of 15 years shall be employed without the written consent of his parent or guardian and the ap proval of the Director of Employment Standards. (3) Subsections (1) and (2) do not apply to an individual under the age of 15 years (

a) who has been excused fi-om school attendance under the School Act for the purpose of vocational training through employment, or 33

(

b) who is em-olled in a work experience program approved under the School Act.

(4) The Lieutenant Governor in Council may by regulation (

a) specify those occupations in which individuals under the age of 15 years may be employed, and authorize the Director of Em ployment Standards to approve occupations of a nature similar to those specified, subject to any conditions that are prescribed; (

b) impose any conditions with respect to employment of indi viduals under the age of 15 years in any occupation as he consid ers proper; (

c) prohibit the employment of individuals 15, 16 and 17 years old in any occupation that he considers unsuitable; (

d) establish any conditions with respect to the employment of individuals 15, 16 and 17 years old in any specific occupation that he considers proper; (

e) authorize the Director of Employment Standards to impose conditions on any particular occupation whenever he considers it necessary to do so; (

f) prohibit the employment of an individual under the age of 12 years. Division 12 General Regulations Regulations 75 The Licutcnant Governor in Council may make regulations (

a) exempting an employment described or referred to in the regulations from

section 19, Divisions 4 to 9, 11 and 12 of this Part or a provision of or a regulation made under any of those Divisions; (

b) authorizing the Director of Employment Standards to ap prove a scheme of employment between an employer and his employees notwithstanding

section 19, this Part or a regulation made under it; (

c) directing that a regulation or a part of it be of particular or general apphcation, and describing or referring to an employment to which the regulation apphes; (

d) specifying the times of the year during which a regulation appUes; (

e) specifying the conditions under which a regulation appUes or does not apply, and conferring or imposing on the Director of Employment Standards, with or without conditions, a power or duty under the regulation; (

f) delegating to the Director of Employment Standards, with or without conditions, the power to exempt from a regulation an employment described or referted to in the regulation. 34

Division 13 Collection of Wages, Overtime Pay, Entitlements and Parental Benefits Appointment 76 The Lieutenant Governor in Council may appoint umpires for of umpires ^j^g purposcs of this Part. Provincial judges 77(1) If a provincial judge is appointed as an umpire he may issue as umpires ^j. ^{J-QQ^ a clcrk to issue a subpoena to any person who in the opinion of the umpire may be able to give evidence which relates to the appeal before him.

(2) A provincial judge acting as an umpire has the same powers (

a) to compel the attendance of witnesses, and (

b) to punish a witness for (

i) disobeying a subpoena to appear, (

u) refusing to be sworn, or (iii) refusing to give evidence as are conferred on a provincial judge by the Criminal Code (Can ada). Attendance of individuals and production of documents Service of single employer declaration 78(1) An umpire (

a) may accept any oral or written evidence that he, in his dis cretion, considers proper, whether admissible in a court of law or not, (

b) is not bound by the laws of evidence applicable to judicial proceedings, and (

c) may summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things that the umpire considers req uisite to the fuU investigation and consideration of matters within his jurisdiction in the same manner as a court of record in civil cases.

(2) Nothing in this

section requires an umpire who is a provincial judge to proceed under this

section rather than

section 77. Division 14 Single Employer Declaration 79(1) If, in the opinion of an employment standards officer, a busi ness, undertaking or other activity is carried on or has been carried on by or through 2 or more employers or other persons or a combi nation of them, the officer may make a declaration that all or any of the employers or persons or combination of them are a single em ployer for the purposes of this Part.

(2) A copy of a declaration under subsection (

I) shaU be served on the employers or persons or both and the employees affected by it. 35

Effect of declaration

(3) An employer, employee or person affected by a declaration made under this

section may appeal to an umpire in accordance with sec tion 100. 80 If an employment standards officer or, on appeal, an umpire makes a declaration that employers or persons or a combination of them are a single employer for the purposes of this Part, the employ ers or persons or combination of them declared to be a single em ployer are jointly and severally liable for the payment of wages, over time pay and entitlements to those individuals who, as a result of the declaration, are considered to be employees of the single em ployer.

Definitions Director's demand to third party Duties of third party Division 15 Third Party Demand 81 In this Division, (a) "third party" means a person to whom a Director's demand is issued and includes the Crown in right of Alberta; (b) "Director's demand" means a demand by the Director of Employment Standards under

section 82 or a further demand under

section 83(3). 82(1) If the Director of Employment Standards knows or has reason to believe that (

a) an employer has faUed or is likely to fail to pay wages, over time pay or entitlements to an employee, and (

b) a person is or is about to become indebted to the employer for a sum of money or is about to pay a sum of money to the employer, the Director of Employment Standards may, notwithstanding that he has not determined the amount of wages, overtime pay or entitle ments to which an employee is entitled, issue a demand in accord ance with subsection (2) and serve it on the person referred to m clause (b).

(2) The demand under subsection (1) may direct the third party to remit to the Director of Employment Standards the money specified in the demand. 83(1) On service of the Director's demand, the third party shaU (

a) if he is at the time of receipt of the demand indebted to the employer forthwith pay to the Director of Employment Stand ards the amount of his indebtedness to the employer or the amount specified, whichever is the lesser, (

b) if he is at the time of receipt of the demand not indebted to the employer and will not or is not likely to become indebted to the employer, reply to the Director of Employment Standards accordingly, or (

c) if he is at the time of receipt of the demand not indebted to the employer but indebtedness is likely to arise or wiU arise at a 36

Right of third party to make deductions future date or on the happening of a future specified event, reply to the Director of Employment Standards accordingly.

(2) If the Director of Employment Standards is satisfied that a reply under subsection (l)(

b) is true, the Director's demand shall be re voked.

(3) On receipt of a reply under subsection (l)(c), the Director of Employment Standards may revoke the demand and serve a further demand on the third party to take effect at a future date or on the happening of a future specified event.

(4) If a further demand is served under subsection (3), the demand continues in effect and the third party shall, as soon as he becomes indebted to the employer, pay to the Director of Employment Stand ards the amount of his indebtedness to the employer or the amount specified, whichever is the lesser. 84 Notwithstanding anything in this Division, when a Director's demand is received by a third party, the third party may deduct from his payment any amounts that are owed to him by the employer. 85(1) A Director's demand constitutes a debt owed by the third party to the Director on behalf of the employees in respect of whom the Director's demand is issued for the amount specified in the demand, and the debt arises (

a) at the time the demand is received, if the third party is then indebted to the employer, or (

b) if the third party is not indebted to the employer when he receives the Director's demand, when the indebtedness of the third party arises.

(2) The Director of Employment Standards may recover the amount specified in a Director's demand by civil action, and the third party may raise any defence to the action that he could have raised against the employer if the employer had sued the third party for the recov ery of the indebtedness.

(3) The debt arising under this

section is discharged if (

a) the third party pays to the Director of Employment Standards the sum required to be paid in the Director's demand, (

b) the Director's demand is revoked, or (

c) the employer pays his employees the wages, overtime pay or entitlements in respect of which the Director's demand was is sued. Liability of third 86 party not to be discharged A third party in receipt of a Director's demand does not dis charge his indebtedness to an employer (

a) unless the Director's demand is revoked or he receives the approval of the Director of Employment Standards in writing to discharge aU or part of the debt, or (

b) until he complies with the Director's demand. 37

Receipt issued by Director Payment of money received 87 The receipt of the Director of Employment Standards for money paid in accordance with a Director's demand is an absolute discharge of the liability of the third party to the employer to the extent of the amount shown on the receipt. 88 When money is received in accordance with a Director's de mand and an order has been filed under

section 107 with respect to wages, overtime pay, entitlements or parental benefits owed by the employer, the Director of Employment Standards may pay the money in accordance with the order. Director's notice 89(1) When moucy is received in accordance with a Director's de- mo'^ey"^"^ maud and no order has been filed under

section 107 with respect to the wages, overtime pay, entitlements or parental benefits to which the employee claims to be entitled, the Director of Employment Standards shall forthwith serve the employer and employees con cerned with a written notice stating (

a) the date of receipt of the money, (

b) the amount received, (

c) the amount of wages, overtime pay, entitlements or parental benefits to which an employee claims to be entitled, and (

d) that, unless an appeal is made in accordance with

section 100, the Director of Employment Standards will, on expiration of the period for appeal, pay (

i) the amount received under the Director's demand, or (ii) the amount claimed as unpaid wages, overtime pay or entitlements, whichever is less, to the employees concerned, and any balance remaining to the employer.

(2) An employer or employee affected by a notice under subsection (1) may appeal to an umpire in accordance with

section 100. Disposition of 90(1) If there is no appeal under

section 89, the Director of Employ- money received J^^QJ^I Standards may pay the money in accordance with the notice served under

section 89(1).

(2) If there is an appeal under

section 89, the Director of Employ ment Standards shall hold the money pending the disposition of the appeal by an umpire. Division 16 Recovery Provisions Complaint 91 An employee may make a written complaint to the Director of Employment Standards that the employee is entitled to wages, over time pay, entitlements, notice under

section 33 or parental benefits. Mediation by 92(1) An employment standards officer may mediate between an employment emnlover and an employee for the purpose of settiing or compromis- standards omcer ^•^^^t"'^j '^ •' . ing differences between them and m so domg may 38

(

a) receive from an employer, on behalf of an employee, the money agreed on by the parties in settlement of their differences; (

b) pay to an employee money received on his behalf; (

c) do any other things necessary to assist an employer and his employee to settle their differences.

(2) If an employment standards officer assists or attempts to assist an employer or an employee or both to reach a settlement or com promise, the officer is under no UabiUty to either or both of them in respect of the settlement or compromise.

(3) When an employment standards officer pays any money received under subsection (1) to the employee, the employer is discharged from further liability to the employee with respect to the amount received by the employee. Order of 93(1) If au employment standards officer is unable to mediate, settie sSn&officer or compromisc a difference between an employer and his employee, the officer shall make an order under this

section if he has determined that (

a) wages, overtime pay or entitlements are due to an employee, (

b) the employer contravened

section 33 or Division 10, as the case may be, or (

c) the employee was suspended or discharged contrary to this Part.

(2) Subject to

section 95, an order of an employment standards of ficer may (

a) direct an employer to pay to an employee, or to pay to the Director of Employment Standards on behalf of an employee, the wages, overtime pay or entitlements to which the employee is entitled, (

b) in a case where notice under

section 33 of a reduction in wages, overtime pay or entitlements was not given to an em ployee before the commencement of the pay period in accordance with that section, direct, with respect to the portion of the pay period before the employee was given notice, that the employer shaU pay to the employee or to the Director of Employment Standards on behalf of the employee, an amount equivalent to the additional wages, overtime pay or entitlements the employee would have earned at the rates prior to the reduction, (

c) direct the employer to pay to an employee, or to pay to the Director of Employment Standards on behalf of the employee, an amount equivalent to the wages that the employee would have earned if the employee had been reinstated or provided with alternative work in accordance with

section 72 or 73 and that the officer considers should be paid, or (

d) direct an employer to reinstate an employee who has been suspended or discharged contrary to this Part or pay the em ployee, or to the Director of Employment Standards on behalf of the employee, an amount equivalent to the wages that would 39

have been earned if the employee was not suspended or dis charged.

(3) If an employment standards officer is unable to determine the amount of wages, overtime pay or entitlements that are due to an employee because the employer has not made or kept complete and accurate records under

section 19 with respect to the employee, the officer may determine the amount in any manner he considers ap propriate.

(4) An order under this

section shall (

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

b) name the one or more employees in respect of whom the order is made; (

c) specify the amount payable in respect of each employee named in the order or that the employee shall be reinstated, as the case may be.

(5) A copy of an order under this

section shall be served on (

a) the employer to whom it is directed, and (

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

(6) A person on whom an order of an employment standards officer is served under this

section may appeal to an umpire in accordance with

section 100. Employee not 94(1) If an employment standards officer has determined that an overtfme°pay?etc. employee making a written complaint is not entitled to wages, over time pay, entitlements, notice under

section 33 or parental benefits, as the case may be, the officer shall serve the employee with notice of his decision accordingly.

(2) An employee served under subsection (1) may, within 15 days from the date of service of the notice under that subsection, appeal to the Director of Employment Standards by serving on him a writ ten notice of appeal specifying the reasons for it.

(3) On receipt of a notice of appeal under subsection (2), the Director of Employment Standards may (

a) review the matter personally, or (

b) direct another employment standards officer to review the matter.

(4) A decision of the Director of Employment Standards or an em ployment standards officer to whom a matter is referred under sub section (3)(

b) that an employee is not entitled to wages, overtime pay, entitlements, notice under

section 33 or parental benefits is final and binding.

(5) If the Director of Employment Standards or an employment standards officer to whom a matter is referred under subsection (3)(

b) is satisfied that the employee is entitled to wages, overtime pay, en titlements, notice under

section 33 or parental benefits, the Director 40

of Employment Standards or the officer may make an order under

section 93. Limitation 95(1) Subjcct to subscction (3), no order of an employment stand- penods ^j.^^ officer may be made with respect to wages, overtime pay, enti tlements, notice under

section 33 or parental benefits, (

a) in the case of an employee who is still employed by the em ployer who should have paid the money or provided the notice or benefits, after 1 year from the date on which the money should have been paid or the notice or benefits provided, as the case may be, and (

b) in the case of an employee who is not employed by the em ployer who should have paid the money or provided the notice or benefits, after 1 year from the date on which the employment of the employee with that employer terminated.

(2) Subject to subsection (3), no order of an employment standards officer may be made directing the reinstatement of an employee after 1 year from the date on which the employee was suspended or dis charged contrary to this Part.

(3) Where the Director of Employment Standards considers there are extenuating circumstances, he may extend the limitation period under subsection (1) or (2) by an additional period of up to 1 year.

(4) An order of an employment standards officer may (

a) with respect to wages and overtime pay, direct the payment of wages or overtime pay or both for a period not exceeding 6 months from the date of (

i) the order of the employment standards officer, or (ii) the termination of employment of the employee, if his employment was terminated, whichever first occurs; (

b) with respect to vacation pay and general holiday pay, direct the payment of vacation pay or general holiday pay or both for a period not exceeding 2 years from the date of (

i) the order of the employment standards officer, or (ii) the termination of employment of the employee, if his employment was terminated, whichever first occurs; (

c) with respect to an amount referred to in

section 93(2)(

c) or (d), direct the payment of that amount, but not for a period exceeding 6 months from the date of (

i) the order of the employment standards officer, or (

U) the suspension or discharge of the employee contrary to this Part or the failure of the employer to reinstate the em ployee or provide alternative work under

section 72 or 73, whichever first occurs. 41

Order re claims, counterclaims, etc. 96 An order of an employment standards officer may take into ac count deductions authorized or permitted under this Part but shall not take into account any claim, counterclaim or set-off by an em ployer against an employee. Limitation on revocations, etc. Variation or amendment of order, etc. Settlement or compromise by Director 97(1) An employment standards officer may revoke, amend or vary an order, declaration or determination issued under this Part at any time before the time for an appeal under

section 100 has expired, if one is allowed, but not after that time.

(2) The Director of Employment Standards may vary or amend a notice issued under

section 89 at any time before the time for an appeal under

section 100 has expired, but not after that time.

(3) The Director of Employment Standards may revoke (

a) an order of an employment standards officer under

section 93 at any time before it is filed in the Court of Queen's Bench, or (

b) a determination under

section 29(2), a declaration under sec tion 79 or a notice under

section 89 at any time, notwithstanding that an appeal has been made to an umpire under

section 100.

(4) If the Director of Employment Standards revokes an order that has been appealed to an umpire under

section 100, he shall return to the appellant any money paid to him under subsection (3) of that section. 98 If an order, declaration, determination or notice is varied or amended, (

a) a copy of the variation or amendment shaU be served on each person on whom the original order, declaration, determination or notice was served, and (

b) the time for making an appeal runs from the date of service of the variation or amendment. 99(1) Notwithstanding anything contained in this Part, the Director of Employment Standards may (

a) refuse to accept a complaint or to institute or continue any proceeding or prosecution for the failure of an employer or em ployee to comply with this Part, or (

b) settie or compromise any difference between an employer and an employee under this Part and receive money on behalf of the employer in settlement of the difference.

(2) When the Director of Employment Standards pays any money received under subsection (1) to the employee, the employer is dis charged from further UabiUty to the employee with respect to the amount received by the employee. 42

Division 17 Appeal to Umpire Appeal to umpire 100(1) A pcrson who has a right of appeal to an umpire under this Part may appeal to an umpire by serving on the Director of Employ ment Standards written notice of appeal specifying the reasons for the appeal.

(2) A notice of appeal shall be served on the Director of Employ ment Standards within 15 days of the date of service on the appeUant of (

a) a copy of an order under

section 93, (

b) a copy of a declaration under

section 79, (

c) a copy of a determination made under

section 29(2), or (

d) a copy of a notice under

section 89.

(3) In the case of an appeal by an employer, the notice of appeal of an order under

section 93 shall be accompanied by a money order or certified cheque payable to the Director of Employment Standards in an amount equal to (

a) the amount ordered to be paid under

section 93, or (b) $300, whichever is less, for each employee in respect of whom the order was made.

(4) When the appeUant comphes with subsection (2), and subsection (3) if appUcable, the Director of Employment Standards shaU refer the appeal to an umpire.

(5) The Director of Employment Standards shall notify (

a) the appeUant, and (

b) each employer and employee who is a party to the appeal, of the date, time and place that the appeal will be heard.

(6) The Director of Employment Standards is a party to every appeal to an umpire and in connection with every proceeding resulting from an order of an employment standards officer or umpire. Abandonment of appeal Proceedings at hearing 101 If a person making an appeal wishes to abandon it, he may do so by serving a notice in writing on the Director of Employment Standards accordingly and providing copies of the notice to the other parties concerned. 102 At a hearing, (

a) if the appeUant fails to appear, the umpire may declare the appeal abandoned or adjourn the matter, or (

b) if any other person fails to appear, the umpire may adjourn the matter or proceed in the absence of the person who fails to appear. 43

Umpire's powers on appeal Umpire's order Umpire's order final and binding Disbursement of money held by Director 103(1) After hearing an appeal from an order of an employment standards officer, the umpire may (

a) confirm, vary or revoke the order of the employment stand ards officer, or (

b) revoke the order of the employment standards officer and substitute for it any order that the officer could have made.

(2) With respect to an appeal from a determination by an employ ment standards officer under

section 29(2), an umpire may confirm or revoke the determination or make any determination that ne con siders necessary to resolve the difference.

(3) With respect to an appeal from a declaration under

section 79, (

a) an umpire may, if he is satisfied that a business, undertaking or other activity is carried on or has been carried on Ijy or through more than one employer or person, confirm or vary the declara tion or revoke it and substitute for it a declaration that, for the purposes of this Part, the employers or persons named in the declaration are a single employer, or (

b) the umpire, if he is not satisfied under clause (a), shall revoke the declaration.

(4) With respect to an appeal from a notice of the Director of Em ployment Standards under

section 89, the umpire may make any 1 or more of the following orders: (

a) an order for the payment of wages, overtime pay or entitle ments by an employer to employees, or to the Director of Em ployment Standards on behalf of employees that he considers appropriate; (

b) an order revoking the notice and the Director of Employment Standards' demand under Division 15; (

c) an order requiring the Director of Employment Standards to repay money received by the Director of Employment Standards to the person who paid it, or to the employer. 104 An order of an umpire may take into account deductions au thorized or permitted under this Part but shall not take into account a claim, counterclaim or set-off by an employer against an employee. 105 An order, declaration or determination of an umpire is final and binding. 106(1) When an appeal of an order under

section 93 is completed, the Director of Employment Standards shall pay the money that was paid to him under

section 100 to the person who is entitled to it in accordance with the decision of the umpire.

(2) No interest is payable on money paid under subsection (1).

(3) If the amount of money paid by the Director of Employment Standards under subsection (1) is less than the amount of wages, overtime pay or entitiements ordered to be paid to the employee, the 44

Director of Employment Standards may enforce the unpaid portion of the order in accordance with Division 18.

(4) No action or proceeding lies or shall be instituted against the Director of Employment Standards for acting in compliance with this

section or

section 89, 90 or 99. Division 18 Enforcement of Orders Filing of order 107 If Reciprocal enforcement of orders (

a) an order of an employment standards officer is not complied with and the time for an appeal has expired, or (

b) an order of an umpire is not complied with, the Director of Employment Standards may file the order with the clerk of the Court of Queen's Bench in the judicial district in which the order was made and the order is then enforceable as an order or judgment of the Court of Queen's Bench. 108(1) If the Lieutenant Governor in Council is satisfied that recip rocal provisions will be made by another province of Canada for the enforcement of orders of employment standards officers or umpires issued under this Part, he may, by order, (

a) declare the province to be a reciprocating province for the purpose of enforcing orders, certificates or judgments for the pay ment of wages, overtime pay or entitlements made under an en actment of that province, and (

b) designate an authority within that province as the authority who may make appUcations or certificates under this section.

(2) If an order, certificate or judgment for the payment of wages, overtime pay or entitlements has been obtained under an enactment of a reciprocating province, the designated authority may apply to the Director of Employment Standards to enforce the order, certifi cate or judgment.

(3) On receiving a copy of the order, certificate or judgment for the payment of wages, overtime pay or entitlements (

a) certified to be a true copy by the court in which the order, certificate or judgment is registered, or (

b) if there is no provision in the reciprocating province for reg istration of the order, certificate or judgment in a court, certified to be a true copy by the designated authority, and on being satisfied that the wages, overtime pay or entitlements are stiU owing, the Director of Employment Standards shaU file the copy of the order, certificate or judgment with the clerk of the Court of Queen's Bench and the order is then enforceable as an order of an employment standards officer or umpire. 45

Deemed trust Registration of order Division 19 Protection of Wages, Overtime Pay and Entitlements 109(1) Notwithstanding any other Act, every employer shall be deemed to hold all wages, overtime pay, vacation pay and general holiday pay accruing due or due to an employee in trust for the employee, whether or not the amount accruing due or due has in fact been kept separate and apart by the employer.

(2) Subject to subsection (3) and

section 110, wages, overtime pay, vacation pay and general holiday pay accruing due or due to an employee shall be deemed to be a secured charge on the property and assets of the employer to a maximum of $7500 and payable in priority to any other claim or right in the property or assets including (

a) any claim or right of the Crown in right ofAlberta, including, without limitation, claims or rights of the Workers' Compensa tion Board, and (

b) any lien, charge, encumbrance, mortgage, assignment, includ ing an assignment of book debts, debenture or other security of whatever kind of any person made, given, accepted or issued before or after the wages, overtime pay, vacation pay or general holiday pay accrued due without regis tration of the secured charge.

(3) The secured charge referred to in subsection (2) does not take priority over a conditional sales agreement that is entered into prior to the wages, overtime pay, vacation pay or general holiday pay accruing due and is registered in accordance with the Conditional Sales Act.

(4) This

section and

section 110 apply notwithstanding any other Act. 110(1) The Director of Employment Standards may file in a land titles office an order of an employment standards officer or an umpire respecting wages, overtime pay, vacation pay or general holiday pay.

(2) The secured charge referred to in

section 109(2) does not attach to real property until the order referred to in subsection (1) is regis tered in a land titles office.

(3) The registration of an order referred to in subsection (1) creates a secured charge in favour of the Director, on behalf of the employee in respect of whom the order was filed, for the amount of wages, overtime pay, vacation pay or general holiday pay set out in the order, against all land or interests in land owned or held by the employer who owes the wages, overtime pay, vacation pay or general holiday pay.

(4) A secured charge referred to in subsection (3) has the same prior ity it would have if it were a mortgage registered against land or an interest in land.

(5) On payment of the wages, overtime pay and entitlements that are the subject of the secured charge, the Director shall cause a reg istration under this

section to be discharged. 46

Prohibition on dismissal re garnishment proceedings Specific prohibitions Specific offences Offences Division 20 Prohibitions, Offences and Penalties 111 No employer or other person shaU dismiss, terminate, lay off or suspend an employee for the sole reason that garnishment pro ceedings are being or may be taken against an employee. 112 No employer or any other person shall discharge, restrict the employment of or in any manner discriminate against an individual because an individual (

a) has made a complaint under this Part, (

b) has given evidence or may give evidence at any inquiry or in any proceeding or prosecution under this Part, (

c) requests or demands anything to which he is entitled under this Part, or (

d) has made or is about to make any statement or disclosure that may be required of him under this Part. 113(1) If an employee works for less than the minimum wage to which he is entitled, the employer of that employee and the employee are each guilty of an offence.

(2) If an employee works for less than the overtime rate to which he is entitled, the employer of the employee and the employee are each guilty of an offence.

(3) If an employee directly or indirectly returns to his employer all or part of his wages, thereby effecting a reduction of the wages, over time pay or entitlements actually received and retained by the em ployee to an amount less than the minimum wage or less than the overtime rate to which the employee is entitled, the employee and his employer are each guilty of an offence. 114 An employer, employee or other person who (

a) contravenes or fails to comply with an order, declaration or determination of an umpire, (

b) contravenes or faUs to comply with an order, directive, dec laration or determination, permit, approval or notice of an em ployment standards officer or a demand of the Director of Em ployment Standards, (

c) delays or obstructs an employment standards officer in the exercise of a power or duty given to him under this Part, (

d) requires an employee to work hours in excess of the hours of work permitted under this Part, (

e) contravenes

section 62, (

f) contravenes

section 71, (

g) contravenes

section 74(1) or (2) or a regulation made under

section 74(4), (

h) falsifies any employment record. 47

Premium for employment prohibited Employer offences Offence and penalty (

i) gives any false or misleading information in respect of em ployment records, (

j) makes a complaint to an employment standards officer know ing it to be untrue, (

k) fails to maintain or retain an employment record required to be maintained and retained under this Part, or (1) contravenes

section 111 or 112 is guilty of an offence. 115 An employer who receives a payment directly or indirectly from a person for the purpose of employing that person is guilty of an offence. 116 Any employer who fails (

a) to pay the minimum wage, (

b) to pay at least the overtime rate, (

c) to pay wages, (

d) to give notice of a reduction in wages, overtime rate or enti tlements, (

e) to give his employees a vacation with pay or a sum of money in place of vacation with pay, (

f) to give his employees a sum of money (

i) for working on a general holiday, (ii) for a general holiday on which he does not work, or (iii) in place of a general holiday, (

g) to give notice of termination of employment or a sum of money in place of notice of termination, (

h) to provide parental benefits, or (

i) to reinstate an employee in accordance with

section 72, 73 or 93(2)(d), to which an employee is entitled, is guilty of an offence. 117(1) When a corporation is guilty of an offence, every director or officer of the corporation who directed, authorized, assented to, per mitted, participated in or acquiesced in the offence is also guilty of an offence.

(2) In addition to any other penalty imposed under

section 118, the judge shall, if applicable, make 1 or more of the following orders: (

a) requiring the payment, within the time fixed by the judge, to the Director of Employment Standards on behalf of each em ployee affected, of the difference between (

i) the minimum wage actually paid, if any, and the mini mum wage that should have been paid. 48

(ii) the overtime pay actually paid, if any, and the overtime pay that should have been paid, (iii) the wages actually paid, if any, and the wages that should have been paid, and (iv) the sum of money paid in place of notice oftermination, if any, and the sum of money in place of notice oftermination that should have been paid, for the 6 months preceding the date of the commencement of a prosecution or the date oftermination of employment, whichever first occurs; (

b) requiring, within the time fixed by the judge, the payment to the Director of Employment Standards on behalf of each em ployee of (

i) the amount to which the employee is entitled in place of vacation with pay, (

u) a sum of money for working on a general holiday or for a general holiday on which he does not work to which the employee is entitled, (iii) the amount to which the employee is entitled in place of a general holiday, (iv) the amount of wages and entitlements that the employee would have earned if the employee had been reinstated or provided with alternative work in accordance with

section 72 or 73 and that the employment standards officer considers should be paid, or (

v) the amount of wages that would have been earned if the employee was not suspended or discharged contrary to this Part for the 2 years preceding the date of the commencement of the prosecution or the date of termination of the employment, whichever first occurs; (

c) in a case where notice under

section 33 of a reduction in wages, overtime pay or entitlements was not given to an em ployee before the commencement of the pay period in accordance with that section, direct with respect to the portion of the pay period before the employee was given notice that the employer shaU pay to the employee or to the Director of Employment Standards on behalf of the employee, an amount equivalent to the additional wages, overtime pay or entitlements the employee would have earned at the rates prior to the reduction. Penalty 118 An employer, employee, director, officer or other person who is guilty of an offence under this

Part is liable, (

a) in the case of a corporation, to a lane of not more than $ 10 000, and (

b) in the case of an mdividual, to a fine of not more than $5000. 49

Prosecutions 119 A prosccution for an offence under this Part may be com menced within 1 year from the date the alleged offence occurred.

PART 3 LABOUR RELATIONS

Definitions 120 In this Part, (a) "bargain collectively" and "collective bargaining" means to negotiate or negotiation with a view to the conclusion of a col lective agreement or the revision or renewal of a collective agree ment; (b) "bargaining agent" means a trade union that acts on behalf of employees in collective bargaining or as a party to a collective agreement with an employer or employers' organization, whether or not the bargaining agent is a certified bargaining agent; (c) "Board" means the Labour Relations Board; (d) "certified bargaining agent" means a trade union certified by the Board as a bargaining agent; (e) "Chairman" means the Chairman of the Board; (f) "collective agreement" means an agreement in writing be tween an employer or an employers' organization and a bargain ing agent, containing terms or conditions of employment and may include 1 or more documents containing 1 or more agree ments; (g) "dispute" means a difference or apprehended difference aris ing in coimection with the entering into, renewing or revising of a collective agreement; (h) "disputes resolution tribunal" means (

i) a mediation board referred to in Division II, (ii) a voluntary arbitration board referred to in Division 13, (iii) a compulsory arbitration board referred to in Division 14, (iv) a disputes inquiry board referred to in Division 15, or (

v) a public emergency tribunal referred to in Division 16; (i) "employee" means a person employed to do work who is in receipt of or entitled to wages, but does not include (

i) a person other than a firefighter who, in the opinion of the Board, exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations, (ii) a person who is a member of the medical, dental, archi tectural, engineering or legal profession qualified to practise under the laws of Alberta and employed in his professional capacity, or 50

(iii) a firefighter who is the chief or a deputy chief of the fire department in which he is employed; (j) "employer" means a person who customarily or actually em ploys an employee; (k) "employers' organization" means an organization of employ ers that acts on behalf of an employer or employers and having as one of its objects the regulation of relations between employers and employees, whether or not the employers' organization is a registered employers' organization; (I) "firefighters" means the employees, including officers and technicians, employed by a municipality and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services; (m) "labour relations officer" means a person designated under

section 122(5) and includes a member of the Board; (n) "lockout" includes (

i) the closing of a place of employment by an employer, (ii) the suspension of work by an employer, or (iii) a refusal by an employer to continue to employ employ ees, for the purpose of compelling his employees or to aid another employer in compelhng the employees of that employer to accept terms or conditions of employment; (o) "lockout vote" means the poUing of a single employer or a vote of employers under

section 185; (p) "mediator" means a person appointed as a mediator under

section 177 or 178; (q) "registered employers' organization" means an employers' organization registered as an agent for collective bargaining by the Board; (r) "strike" includes (

i) a cessation of work, (ii) a refusal to work, or (iu) a refusal to continue to work, by 2 or more employees acting in combination or in concert or in accordance with a common understanding for the purpose of compeUing their employer or an employers' organization to agree to terms or conditions of employment or to aid other employees to compel their employer or an employers' organization to accept terms or conditions of employment; (s) "strike vote" means a vote of employees under

section 185; 51

Application of

Part Composition of Board (t) "trade union" means an organization of employees that has a written constitution, rules or by-laws and has as one of its objects the regulation of relations between employers and employees; (u) "unit" means any group of employees of an employer; (v) "vice-chairman" means a vice-chairman of the Board; (w) "wages" includes any salary, pay, overtime pay and any other remuneration for work or services however computed or paid but does not include tips and other gratuities. 121(1) Subject to subsection (2), this Part applies to every employer and employee and is binding on the Crown in right of Alberta.

(2) This Part does not apply to (

a) an employer as defined in the Public Service Employee Rela tions Act and to whom that Act applies; (

b) a person employed by an employer as defined in the Public Service Employee Relations Act and to whom that Act apphes; (

c) employers and employees in respect of whom this Part does not apply by virtue of a provision of another Act; (

d) employees who are police officers of a municipal police ser vice appointed pursuant to the Police Act except where made applicable by the Police Officers Collective Bargaining Act; (

e) employees employed on a farm or ranch whose employment is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, honey, livestock, poultry or bees or to their employer while he is acting in the capacity of their em ployer; (

f) employees employed in domestic work in a private dwelling or to their employer while he is ordinarily resident in the dwelhng and acting in the capacity of their employer. Division 1 Labour Relations Board 122(1) The Labour Relations Board previously established is contin ued as the Labour Relations Board.

(2) The Board shall be composed of persons appointed as members of the Board by the Lieutenant Governor in Council, 1 of whom shall be designated as Chairman, and others of whom may be des ignated as vice-chairmen.

(3) The members of the Board shaU be appointed to hold office for terms not exceeding (a) 5 years in the case of the Chairman and vice-chairmen, and (b) 3 years in the case of any other members, and may be reappointed for additional terms to commence on the expiry of their appointment. 52

(4) The members of the Board shall be paid expenses, allowances and remuneration for their services as determined by the Lieutenant Governor in Council.

(5) The Chairman may, in writing, designate officers of the Board for the purposes of this Part. Sittings of 123(1) The members of the Board shall meet at the times and places the Board specified by the Chairman or a vice-chairman, and may meet as the Board or as divisions of the Board.

(2) At the direction of the Chairman, a vice-chairman shall preside at a meeting of the Board or one of its divisions.

(3) A quorum of the Board or of a division of the Board is the Chairman or a vice-chairman presiding at the meeting and 2 other members.

(4) A decision of a majority of the members of the Board or a divi sion of the Board present and constituting a quorum is the decision of the Board, but if there is a tie vote, the Chairman or the vice- chairman presiding at the meeting may cast a 2nd vote.

(5) Notwithstanding any vacancy in the membership of the Board, if at least 3 members remain in office, the remaining members have and may exercise and perform the powers, duties and functions of the Board.

(6) If a member of the Board resigns or his appointment terminates, he may carry out and complete the duties or responsibilities and continue to exercise the powers that he would have had if he had not ceased to be a member in relation to a proceeding in which he par ticipated as a member of the Board, until the proceeding is com pleted.

(7) Notwithstanding subsection (3), the Chairman or a vice-chair man may sit alone to hear and decide a question under

section 124(3)(b), (d), (1), (m), (

n) or (

o) or

section 185(4).

(8) When the Chairman or a vice-chairman sits alone under subsec tion (7) or the Board meets as a division of the Board under subsec tion (3), the Chairman, vice-chairman or division, as the case may be, shaU be deemed to be the Board for the purposes of this Act.

(9) Notwithstanding subsections (2) to (7), the Chairman may, where in the interest of settlement of the matter in dispute it is desirable to do so, assign any matter before the Board to a panel consisting of 1 or 3 members of the Board for the purposes of conducting hearings, engaging in efforts at settlement, and issuing reports and decisions, as may be necessary to resolve the matter in dispute.

(10) In conducting a proceeding under subsection (9) the member or members designated, for the purposes of the matter before them, have aU the powers and authority of the Board, but their procedures shaU be informal, and without prejudice to the right of any party to the proceeding to appeal their decision with respect to any matter to the Board. 53

(11) If the decision of a member or a majority of the 3 members of the Board designated under subsection (9) is appealed to the Board, (

a) the member or members designated under subsection (9) are not eligible to hear the appeal, and (

b) the quorum of the Board or a division of the Board that hears the appeal is the Chairman or a vice-chairman presiding at the meeting and 4 other members.

(12) Where a member or a majority of the 3 members of the Board designated under subsection (9) makes a decision that is not appealed to the Board within 10 days from the date the decision is commu nicated to the parties, or such longer period for appeal as the Board may allow, the decision of the member or members shall be deemed to be a decision of the Board effective as of the date on which it was made. Powers of 124(1) Notwithstanding anything in this Act, the powers and duties the Board of the Board shall be performed and exercised in a manner consistent with the jurisdiction conferred on the Board by this Act or any other enactment conferring jurisdiction on the Board.

(2) The Board may for the purposes of this Part (

a) receive applications, references and complaints, (

b) conduct any inquiries, investigations, and hearings that it considers necessary, either itself or through its labour relations officers, (

c) require, conduct or supervise votes by secret ballot, (

d) make or issue any interim orders, decisions, directives or declarations it considers necessary pending the final determina tion of any issue before the Board, (

e) make or issue any orders, decisions, notices, directives, dec larations or certificates it considers necessary, (

f) make rules of procedure for the conduct of its business, for the giving of notice, for the service of documents, for hearing and conducting inquiries and for any other matters it considers neces sary, (

g) through its members, labour relations officers and other rep resentatives undertake efforts to assist the parties to a proceeding before the Board to settie the matter, and (

h) award any costs it considers appropriate in the circumstances if an apphcation, reference, complaint or a reply or defence thereto is, in the opinion of the Board, trivial, frivolous, vexatious or abusive.

(3) The Board may decide for the purposes of this Part whether (

a) a person is an employer, (

b) a person is an employee, (

c) an organization or association is an employers' organization, 54

(

d) an organization of employees is a trade union, (

e) an employer has given an employers' organization authority to bargain collectively on his behalf or has revoked that authority, (

f) a collective agreement has been entered into, (

g) a person is bound by a collective agreement, (

h) a person is a party to a collective agreement, (

i) a coUective agreement has been entered into on behalf of any person, (

j) a collective agreement is in effect, (

k) the parties to a dispute have settled the terms to be included in a collective agreement, (1) a group of employees is a unit appropriate for collective bar gaining, (

m) a person has applied for membership or has terminated his membership in a trade union, (

n) a person is a member in good standing of a trade union, (

o) a person is included in or excluded from a unit, (

p) an employer is affected by the registration certificate of a registered employers' organization, (

q) a strike has occurred or is lawful under this Act, or (

r) a lockout has occurred or is lawful under this Act, and the Board's decision is final and binding.

(4) The Board has exclusive jurisdiction to exercise the powers con ferred on it by or under this Act and to determine all questions of fact or law that arise in any matter before it and the action or deci sion of the Board thereon is final and conclusive for all purposes, but the Board may, at

Document details

Collection	Alberta — Bills
Citation	L21 S2 3107
Type	bill
Volume / chapter	L21 S2 3107
Language	en
Format	json
Source	PROVINCIAL
Identifier	960612010db884ba68fdfaa6f574666e92df2ff4

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