Bill 17 — Third Session, 30Th Legislature, 71 Elizabeth Ii the Legislative Assembly of Alberta Bill 17 Labour Statutes Amendment Act, 2022 (Legislature 30, Session 3)

L30 S3 11974

Alberta — Bills

2022 Bill 17 Third Session, 30th Legislature, 71 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 17 LABOUR STATUTES AMENDMENT ACT, 2022 THE MINISTER OF LABOUR AND IMMIGRATION First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 17 BILL 17 2022 LABOUR STATUTES AMENDMENT ACT, 2022 ( A s s e n t e d t o , 2 0 2 2 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Employment Standards Code Amends RSA 2000 cE-9 1(1) The Employment Standards Code is amended by this section.

(2) Section 53.2(1)(

c) is amended by striking out “, for an amount of up to 20 days in a calendar year”.

(3) Section 53.8 is repealed.

1 Explanatory Notes Explanatory Notes Employment Standards Code 1(1) Amends

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

(2) Section 53.2(1)(

c) presently reads: 53.2(1) Subject to the regulations, an employee who has completed at least 12 consecutive weeks of employment with an employer and is a reservist is entitled to reservist leave without pay to take

part in the following operations or activities: (

c) subject to the regulations, annual training, including related travel time, for an amount of up to 20 days in a calendar year;

(3) Section 53.8 presently reads: 53.8 This Division applies only if (

a) the employee’s participati on in an operation or activity referred to in

section 53.2(1) begins on or after the day that subsection comes into force, and

(4) Section 53.9(1)(

a) is repealed and the following is substituted: (a) “common-law partner” means a person who at the relevant time cohabits in a conjugal relationship with another person for a continuous period of at least one year;

(5) Section 53.983 is repealed and the following is substituted: Unpaid bereavement leave 53.983(1) In this section, (a) “common-law partner” has the same meaning as in

section 53.9(1)(a); (b) “parent” has the same meaning as in

section 53.95(1)(d).

(2) An employee who has been employed by the same employer for at least 90 days is entitled to unpaid bereavement leave on the occurrence of any of the following: (

a) the death of a family member; (

b) the employee has a miscarriage or stillbirth; (

c) the employee’s spouse or common-law partner has a miscarriage or stillbirth; (

d) a person has a miscarriage or stillbirth and the employee would have been a parent of a child born as a result of the pregnancy.

(3) The amount of leave under this

section must not exceed 3 days in a calendar year.

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

2 Explanatory Notes (

b) notice under

section 53.2(4) or (5) is given on or after the day described in clause (a).

(4) Section 53.9(1)(

a) presently reads: 53.9(1) In this Division, (a) “common-law partner” means a person who at the relevant time cohabits in a conjugal relationship with the employee and has so cohabited with the employee for a continuous period of at least one year;

(5) Section 53.983 presently reads: 53.983(1) An employee who has been employed by the same employer for at least 90 days is entitled to up to 3 days of unpaid leave in a calendar year on the death of a family member.

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

3 Labour Relations Code Amends RSA 2000 cL-1 2(1) The Labour Relations Code is amended by this section.

(2) Section 58.2 is repealed and the following is substituted: Application 58.2 Divisions 5 to 9 and

section 156 do not apply (

a) with respect to the board of a public post-secondary institution while it is acting as the employer of the academic staff members of the public post-secondary institution or with respect to those academic staff members, (

b) with respect to the board of governors of a university while it is acting as the employer of the academically employed graduate students at the university or with respect to those graduate students, or (

c) with respect to the board of governors of a comprehensive academic and research university while it is acting as the employer of postdoctoral fellows of the comprehensive academic and research university or with respect to those postdoctoral fellows.

(3) Section 58.3(1)(

c) is amended by striking out “, subject to the future effects of the application of Divisions 4 to 9 under

section 58.2(2),”.

3 Explanatory Notes Labour Relations Code 2(1) Amends

chapter L-1 of the Revised Statutes of Alberta 2000.

(2) Section 58.2 presently reads: 58.2(1) Divisions 4 to 9 and

section 156 do not apply (

a) with respect to the boar d of a public post-secondary institution while it is acting as the employer of the academic staff members of the public post-secondary institution or with respect to those academic staff members, (

b) with respect to the board of governors of a university while it is acting as the employer of the academically employed graduate students at the university or with respect to those graduate students, or (

c) with respect to the board of governors of a comprehensive academic and research university while it is acting as the employer of postdoctoral fellows of the comprehensive academic and research university or with respect to those postdoctoral fellows.

(2) Notwithstanding subsection (1), Divisions 4 to 9 apply effective July 1, 2022 unless a later date is determined by the Lieutenant Governor in Council after the Minister has consulted with affected parties.

(3) Section 58.3(1)(

c) presently reads: 58.3(1) For the purposes of this Act, (

c) the academic staff associ ation of a public post-secondary institution is, subject to the future effects of the application of Divisions 4 to 9 under

section 58.2(2), the bargaining agent for the academic staff of the public post-secondary institution and has exclusive authority to bargain collectively on behalf of the academic staff and to bind them by a collective agreement.

(4) Section 58.4(1)(

c) is amended by striking out “, subject to the future effects of the application of Divisions 4 to 9 under

section 58.2(2),”.

(5) Section 58.5(1)(

c) is amended by striking out “, subject to the future effects of the application of Divisions 4 to 9 under

section 58.2(2),”.

(6) This

section comes into force on July 1, 2022.

4 Explanatory Notes

(4) Section 58.4(1)(

c) presently reads: 58.4(1) For the purposes of this Act, (

c) the graduate students associatio n of a university is, subject to the future effects of the application of Divisions 4 to 9 under

section 58.2(2), the bargaining agent for the academically employed graduate students of the university and has exclusive authority to bargain collectively on behalf of the academically employed graduate students and to bind them by a collective agreement.

(5) Section 58.5(1)(

c) presently reads: 58.5(1) For the purposes of this Act, (

c) the postdoctoral fellows association of a comprehensive academic and research university is, subject to the future effects of the application of Divisions 4 to 9 under

section 58.2(2), the bargaining agent for the postdoctoral fellows of the comprehensive academic and research university and has exclusive authority to bargain collectively on behalf of the postdoctoral fellows and to bind them by a collective agreement.

(6) Coming into force.

RECORD OF DEBATE Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Title: 2022 (30th, 3rd) Bill 17, Labour Statutes Amendment Act, 2022

Document details

Collection	Alberta — Bills
Citation	L30 S3 11974
Type	bill
Volume / chapter	L30 S3 11974
Language	en
Format	json
Source	PROVINCIAL
Identifier	9b6e981a81ef8f5ac3d3707426afb9014a7b7727

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