Bill 248 — Th1Rd Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembly of Alberta Bill 248 An Act To Amen,O the Albe'Rta Labour Act, 1973 C' (Legislature 18, Session 3)

L18 S3 5852

Alberta — Bills

1977 Bill Th1rd Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL

AN ACT TO AMEN,O THE AlBE'RTA LABOUR ACT, 1973 c' MR. NOTLEY F First Reading Second Reading ............................ . Third Reading .......................... . PrInted by the Queen's Printer for the Province of Alberta, EDMONTON Bill 24,8 Mr. Notley BILL

AN ACT TO AMEND THE ALBE'RTA LABOUR ACT, 1973 (Assented to , 1977) HER MAJESTY, by and with the advice and cons'ent of the Legislative Assembly of Alberta,enacts as follows: 1. The Alberta Labour Act, 1973 is amended by this Act.

Section 4,8 is repealed and the following is substituted: 48.

(1) Every employer shall be deemed to hold all wages ac-cruing due to. an employee in trust for the employee for the payment of such wages in the manner and at the time provided under this Act and the regulations, and the amount thereof shall be a charge upon the assets of the employer or his estate and shall, notwithstanding any other Act, have priQrity over all secured, preferred, ordinary or general creditors, the Crown and any agent of the Crown and all other claims against the assets.

(2) Notwithstanding subsection (1), an employee is en titled to reCQver from his employer all wages owing and not paid to the employee by pursuing any lawful remedy provided for the recovery of wages and no employer shall, in an action, suit or other proceeding brought against him by an employee for the recovery of wages, set off any amount against, or claim any reduction of, the employee's demand by reason of the delivery to him of goods, wares or merchandise on account o.f wages.

(3) Where an employer has failed or neglected to hold wages in trust as provided by subsection (1) and the assets of the employer are not sufficient to pay in full the monies held in trust for each of his employees, the employees shall, as amongst themselves, share the assets of the employer in proportion to the wages due to each.

(4) Notwithstanding subsections (1), (2) and (3), in a case referred to in subsection (3), an ,employee who. is a director of a company which is the employer in the case is not entitled to. the benefits provided to employees by this

section until such time as the claims for wages of the other employee o.r emplo.yees o.f the company have been satisfied. 3. This Act comes into force upon the day on which it is assented to. Explanatory Notes General The proposed change in

section would ensure that wages owing to a firm's employees would have clear and indisputable priority over any other type of claim against an employer. This will ensure, in cases of bankruptcy, that employees' wages are paid whenever possible. I. This Bill will amend

chapter of the Statutes of Alberta, 1973. 2. Amends s. 48. Title: 1977 (18th, 3rd) Bill 248,

An Act to Amend The Alberta Labour Act, 1973

Document details

Collection	Alberta — Bills
Citation	L18 S3 5852
Type	bill
Volume / chapter	L18 S3 5852
Language	en
Format	json
Source	PROVINCIAL
Identifier	f32ad829072530ce81e1b43e6d15176a3fb26976

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