1978 BILL 259 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 259 THE BURIAL OF THE DEAD ACT DR. WEBBER First Reading Second Reading ______________________________________ _ Committee of the Whole _______________________________ _ Third Reading ---------------------------------------- Royal Assent ________________________________________ _ Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 259 Dr. Webber BILL 259 1978 THE BURIAL OF THE DEAD ACT (Assented to , 1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.. ( 1) In this Act, (Ia) "burial" includes cremation; (b) "employee" means a person employed to (

i) dig 'Or prepare graves for the burial 'Of dead human bodies, or (ii) to do work in Dr provide services in respect 'Of a cemetery, crematory, mausoleum or columbarium, .and includes any other person who works or provides a service in connection with the burial 'Of dead human bodies; ( c) "employer" means the employer of an employee; (d) "Minister" means the Minister of Labour.

(2) Except as provided in subsection (1), words or expres­ sions defined in

section 49 'Of The Alberta Labour Act, 1973 have the same meaning in this Act. 2. This Act applies notwithstanding The Alberta Labour Act, 1973. 3. ( 1) If employees strike or an employer locks 'Out em­ ployees, the Lieutenant Governor in Council, if he 'considers it necessary to do so in the public interest, may by order dD anyone Dr more 'Of the following: (.

a) direct an employer engaged in a lockout tD bury or permit the burial 'Of dead human bodies; (

b) direct the employees named or described in the 'Order to perform that wDrk or provide those services as are neces­ sary to bury or permit the burial of dead human bodies; (

c) direct an employer to end a lockout; (

d) direct employees to cease to strike,

Explanatory Notes I.

Definitions. 2. Applic'ation of Act. 3. Order in respect of a strike or lockout.

(2) If an order is issued under subsection (1), (

a) the same rates of pay, terms and conditions of employ­ ment and rights and privileges in respect of the employees that existed immediately before the strike or lockout, apply during the time that employees are required to work or perform services in accordance with the order, (

b) no employer shall, except with the consent of the trade union concerned, alter the rates of pay, terms and condi­ tions of employment or any right or privilege in respect of the employees during the time that they are required to work or perform services in accordance with the order, and (

c) the relationship of employer and employee continues un­ interrupted by the dispute or anything arising out of the dispute during the continuance of the order.

(3) An employer or employee to whom an order under this

section is directed shall comply with it forthwith, or if the time for compliance is specified in the order, within the time so specified. 4. If an order under

section 3 affects one or more employees in a unit, but not all the persons included in the unit, the employees who are affected are bound by any settlement of the dispute between the persons included in the unit, the trade union and the employer or employers' organization, as the case may be. 5.

(1) If an order under

section 3 affects all the employees in a unit, the Minister shall forthwith establish a procedure to assist the parties to the dispute in respect of which the order issued to reach a settlement, and the Minister is empowered to do all such things as may be necessary to settle the dispute.

(2) As a procedure to settle a dispute, the Minister may establish a Public Emergency Tribunal consisting of one or more persons and if more than one person is appointed, designating one person as chairman.

(3) The members of a Public Emergency Tribunal and any other person appointed as a procedure or part of a procedure under subsection (1) have the powers of a commissioner under The Public Inquiries Act. 6. ( 1) A Public Emergency Tribunal established by the Minister shall inquire into the dispute and endeavour to bring the parties to an agreement. (2 ) Where the dispute has not been settled by agreement, the Public Emergency Tribunal shall after making full inquiry (

a) make an award which shall deal with each matter in dis­ pute, and (

b) forthwith send a copy of the award to all parties to the dispute and to the Minister. 2

4. Employees bound by settlement. 5. Procedure to settle disputes. 6. Inquiry by Public Emergency Tribunal. 2

(3) The award of a Public Emergency Tribunal is binding on (

a) the employer, (

b) the trade union, and (

c) every employee affected. ( 4) If an award of a Public Emergency Tribunal is not com­ plied with, the Minister may file a copy of the award with the clerk of the Supreme Court in the judicial district in which the difference arose and upon being filed the award is enforc~aJble as a judgement or order of the Supreme Court. 7. The Regulations Act does not apply to an order made under

section 3 or a procedure established under se'ction 5. 8. No employer, employers' organization, employee, trade union or other person shall prevent or interfere with an employer or employee doing work or providing services in accordance with an order made under

section 3. 9. An employer, employers' organization, employee, trade union or other person who (

a) contravenes or fails to comply with an order under sec­ tion 3, or (

b) contravenes or ~ails to comply with any other provision of this Act, is guilty of an offence and liable on

summary conviction to a fine of not more than $10000. 1.0. This Act comes into force on the day upon which it is as­ sented to. 3

7. The Regulations Act inapplicable. 8. Work or services not to be prevented or interfered with. 9. Offences. 3 Title: 1978 (18th, 4th) Bill 259, The Burial of the Dead Act