2013 Bill 209 First Session, 28th Legislature, 62 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 209 SEVERANCE AND BONUS LIMITATION STATUTES AMENDMENT ACT, 2013 MR. ANDERSON First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 209 Mr. Anderson BILL 209 2013 SEVERANCE AND BONUS LIMITATION STATUTES AMENDMENT ACT, 2013 (Assented to , 2013) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Investment Management Corporation Act Amends RSA 2000 cA-26.5 1(1) The Alberta Investment Management Corporation Act is amended by this section.

(2) Section 8 is amended by renumbering it as

section 8(1) and by adding the following after subsection (1):

(2) Section 14.1 of the Public Service Act applies with all necessary modifications to employees of the Corporation. Alberta Utilities Commission Act Amends RSA 2000 cA-37.5 2(1) The Alberta Utilities Commission Act is amended by this section.

(2) Section 68 is amended (

a) by adding “except as provided in subsection (3)” after “providing services to the Commission”;

Explanatory Notes 1 Explanatory Notes Alberta Investment Management Corporation Act 1(1) Amends

chapter A-26.5 of the Revised Statutes of Alberta 2000.

(2) Section 8 presently reads: 8 The Corporation may engage employees for the purpose of carrying on the business of the Corporation and may determine their conditions of service. Alberta Utilities Commission Act 2(1) Amends

chapter A-37.2 of the Revised Statutes of Alberta 2000.

(2) Section 68 presently reads: 68(1) The Commission may (

a) employ persons as the Commission considers necessary for the transaction of its business,

2 (

b) by adding the following after subsection (2):

(3) Section 14.1 of the Public Service Act applies with all necessary modifications to employees of the Commission. Public Service Act Amends RSA 2000 cP-42 3(1) The Public Service Act is amended by this section.

(2) The following is added after

section 14: Limitation on severance and bonus payments 14.1(1) In this section, (a) “employee” includes a deputy head and staff employed in a Minister’s office; (b) “severance” means a payment to an employee by the employer for the abolition of a position, the termination of employment or the end of employment but does not include vacation pay, overtime, benefits or pension to which the employee is entitled.

(2) This

section operates notwithstanding any other provision of this Act, regulations made under this Act or policies, directives or guidelines under this Act or any other Act concerning compensation for employees.

(3) No severance shall exceed $100 000 unless the employee has worked more than 5 years in the same position in which case the severance shall not exceed $200 000.

(4) No severance shall be paid to an employee who has collected severance in the preceding 5 years from a department.

(5) No performance bonus or any other bonus shall be paid to an employee in any year that is greater than 15 per cent of the employee’s annual income.

Explanatory Notes 2 (

b) prescribe the duties, conditions of employment and remuneration of persons employed by it, and (

c) from time to time engage the services of experts or persons having special technical or other knowledge to assist in carrying out the Commission’s powers, duties and functions.

(2) The Public Service Act does not apply to the Commission or to the Commission’s employees or persons providing services to the Commission. Public Service Act 3(1) Amends

chapter P-42 of the Revised Statutes of Alberta 2000.

(2) Limitation on severance and bonus payments.

(6) Any bonus payable to an employee that is greater than $2000 must be based on publicly disclosed objective performance criteria which is made available to the employee.

(7) Any agreement, other than a collective agreement under the Public Service Employee Relations Act, that contains a provision where the employee is entitled to severance or a bonus that is greater than the amounts stated in this

section is of no force or effect to the extent of the inconsistency as of the date that this

section comes into force.

(8) For greater certainty and notwithstanding any other provision to the contrary in this or any other enactment, information concerning the amount of severance or bonus paid to an employee, including the employee’s name, must be provided in response to a request under the Freedom of Information and Protection of Privacy Act. Regional Health Authorities Act Amends RSA 2000 cR-10 4(1) The Regional Health Authorities Act is amended by this section.

(2) The following is added after

section 26: Limitation on severance and bonus 26.1(1) In this section, (a) “employee” includes any person who receives payment from a regional health authority for services offered by an individual but does not include any individual whose terms of employment are subject to a collective agreement; (b) “severance” means a payment to an employee by the employer for the abolition of a position, the termination of employment or the end of employment but does not include vacation pay, overtime, benefits or pension to which the employee is entitled.

(2) No severance shall exceed $100 000 unless the employee has worked more than 5 years in the same position, in which case the severance shall not exceed $200 000.

Explanatory Notes 3 Regional Health Authorities Act 4

(1) Amends

chapter R-10 of the Revised Statutes of Alberta 2000.

(2) Limitation on severance and bonus payments.

(3) No severance shall be paid to an employee who has collected severance in the preceding 5 years from the Crown in Right of Alberta or a regional health authority.

(4) No performance bonus or any other bonus shall be paid to an employee in any year that is greater than 15 per cent of the employee’s annual income.

(5) Any bonus payable to an employee that is greater than $2000 must be based on publicly disclosed objective performance criteria which is made available to the employee.

(6) Any agreement that contains a provision where the employee is entitled to severance or a bonus that is greater than the amounts stated in this

section is of no force or effect to the extent of the inconsistency as of the date that this

section comes into force.

(7) For greater certainty and notwithstanding any other provision to the contrary in this or any other enactment, information concerning the amount of severance or bonus paid to an employee, including the employee’s name, must be provided in response to a request under the Freedom of Information and Protection of Privacy Act. Workers’ Compensation Act Amends RSA 2000 cW-15 5(1) The Workers’ Compensation Act is amended by this section.

(2) Section 4 is amended (

a) by adding “subsection (2) and” before “section 12(1),”; (

b) by renumbering it as subsection (1) and adding the following after subsection (1):

(2) Section 14.1 of the Public Service Act applies with all necessary modifications to employees of the Board. Coming into Force Coming into force 6 This Act comes into force on May 1, 2014.

Explanatory Notes 4 Workers’ Compensation Act 5(1) Amends

chapter W-15 of the Revised Statutes of Alberta 2000.

(2) Section 4 presently reads: 4 Without limiting the generality of

section 3, but subject to

section 12(1), the Board may, notwithstanding any other enactment, hire the employees it considers necessary for the purposes of administering this Act and carrying out the business and affairs of the Board. Coming into Force 6 Coming into force.

Record of Debate STAGE DATE MEMBER FROM TO TOTAL CUMULATIVE TOTAL Title: 2012-2013 (28th, 1st) Bill 209, Severance and Bonus Limitation Statutes Amendment Act, 2013