Part 5
Adolescents and Young Persons
51 Definitions
52 Adolescent’s employment
53 Young persons
employment
54 Conditions on
employment
Part 6
Reciprocating Jurisdictions
55 Reciprocal
enforcement of orders
Part 7
Fees and Costs
56 Fee is debt
57 General fees
59 Audit fees
60 Additional fee
61 Fees on appeal
62 Umpire’s costs
63 Third party
collection costs
Part 8
Repeal, Commencement and Expiry
64 Repeal
65 Commencement
66 Expiration
Schedule
Definition
1 In this Regulation, “Act” means the Employment
Standards Code.
Part 1
Exemptions
Farm or ranch employee
exemptions
1.1 An operation that produces
cultured fish within the meaning of the Fisheries (Alberta) Act is
specified as a primary agricultural operation for the purpose of section
2(3)(i) of the Act.
AR 114/2000 s2
Hours of work,
overtime and records
2(1) Section
14(1)(a) of the Act (relating to the keeping of employment records for regular
and overtime time hours of work) and Part 2, Divisions 3 and 4 of the Act
(relating to hours of work, overtime and
overtime pay) do not apply to
(a) an
employee who is employed in
(i) a supervisory capacity,
(ii) a managerial capacity, or
(iii) 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;
(b) an
employee who is
(i) a salesperson, other than a route salesperson, remunerated in
whole or in part by commission, who is engaged in soliciting orders,
principally outside of the employer’s place of business, for goods or services
that will subsequently be delivered or provided to the purchaser,
(ii) an automobile, recreational vehicle, truck or bus salesperson,
(iii) a manufactured home salesperson,
(iv) a farm machinery salesperson,
(v) a heavy duty construction equipment or road construction
equipment salesperson,
(vi) a person employed by a person who builds residential homes to
sell those homes,
(vii) authorized to trade in real estate as a real estate broker under
the Real Estate Act,
(viii) a salesman registered under the Securities Act,
(ix) an individual holding an insurance agent’s certificate of
authority under section 470 of the Insurance Act who is compensated for
activities performed under that certificate entirely by way of commission
income,
(x) an individual who has attained the age of 16 years and who
engages in a direct selling business within the meaning of the Direct Selling
Business Licensing Regulation (AR 190/99) under the Fair Trading Act
on behalf of the holder of a direct selling business licence established by
that Regulation,
(xi) a land agent licensed under the Land Agents Licensing Act,
(xii) an extra in a film or video production, or
(xiii) a counsellor or instructor at an educational or recreational camp
that is operated on a charitable or not‑for‑profit basis
(A) for children or handicapped individuals, or
(B) for religious purposes,
or to their respective
employers while acting in the capacity of employer.
(2) Section
14(1)(a) of the Act (relating to keeping of employment records for regular and
overtime hours of work) and Part 2, Divisions 3 and 4 of the Act (relating to
hours of work, overtime and overtime pay) do not apply to an employee or to the
employee’s employer while acting in the capacity of employer if the employee is
(a) a
registered architect, restricted practitioner or visiting project architect, as
defined in the Architects Act,
(b) a
member or student within the meaning of the Regulated Accounting Profession
Act,
(c), (d) repealed
AR 108/2004 s14,
(e) a
person who is registered as a regulated member of, and has a practice permit
issued by the registrar of, The College of Chiropractor of Alberta, or a
professional corporation that is registered on the record of professional
corporations of that College and has an annual permit, under the Health
Professions Act,
(f) a
person who is registered as a regulated member of, and has a practice permit
issued by the registrar of, The Alberta Dental Association and College, or a
professional corporation that is registered on the record of professional
corporations of that Association and College and has an annual permit, under
the Health Professions Act,
(g) a
professional member or member‑in‑training, as defined in the Engineering,
Geological and Geophysical Professions Act,
(h) an
active member or a student‑at‑law, as defined in the Legal
Profession Act,
(i) a
person who has a practice permit issued by the registrar of The Alberta College
of Optometrists, or a corporation that is registered on the record of
professional corporations of that College or has an annual permit, under the Health
Professions Act,
(j) a
podiatrist as defined in the Podiatry Act,
(k) a
person who is registered as a regulated member of, and has a practice permit
issued by, The College of Alberta Psychologists, under the Health
Professions Act,
(l) a
registered veterinarian or permit holder as defined in the Veterinary
Profession Act,
(m) a
member within the meaning of the Agrologists Act or a person registered
with the Alberta Institute of Agrologists as an agrologist in training,
(n) a
person who is registered as a regulated member of, and has a practice permit issued
by the registrar of, the College of Alberta Denturists under the Health
Professions Act, or
(o) an
information systems professional, being an employee who is primarily engaged in
the investigation, analysis, design, development, implementation, operation or
management of information systems based on computer and related technologies
through the objective application of specialized knowledge and professional
judgment,
so long as that person is carrying on the occupation
governed by the Acts referred to in this subsection.
AR 14/97
s2;114/2000;108/2004;8/2005
General holidays and
general holiday pay exemptions
3 Part 2, Division 5 of the Act (relating
to general holidays and general holiday pay) does not apply to an employee who
is
(a) a
salesperson, other than a route salesperson, remunerated in whole or in part by
commission, who is engaged in soliciting orders, principally outside of the
employer’s place of business, for goods or services that will subsequently be
delivered or provided to the purchaser,
(b) an
automobile, recreational vehicle, truck or bus salesperson,
(c) a
manufactured home salesperson,
(d) a
farm machinery salesperson,
(e) a
heavy duty construction equipment or road construction equipment salesperson,
(f) authorized
to trade in real estate as a real estate broker under the Real Estate Act,
(g) a
salesman registered under the Securities Act,
(h) an
individual holding an insurance agent’s certificate of authority under section
470 of the Insurance Act who is compensated for activities performed
under that certificate entirely by way of commission income,
(i) an
extra in a film or video production,
(j) a
person employed by a person who builds residential homes to sell those homes,
(k) an
individual who has attained the age of 16 years and who engages in a direct
selling business within the meaning of the Direct Selling Business Licensing
Regulation (AR 190/99) under the Fair Trading Act on behalf of the
holder of a direct selling business licence established by that Regulation, or
(l) a
counsellor or instructor at an educational or recreational camp that is
operated on a charitable or not‑for‑profit basis
(A) for children or handicapped individuals, or
(B) for religious purposes,
or to their respective
employers while acting in the capacity of employer.
AR 14/97
s3;114/2000;8/2005
Vacation and vacation
pay exemptions
4 Part 2, Division 6 of the Act (relating
to vacations and vacation pay) does not apply to an employee who is
(a) a
salesperson, other than a route salesperson, remunerated in whole or in part by
commission, who is engaged in soliciting orders, principally outside of the
employer’s place of business, for goods or services that will subsequently be
delivered or provided to the purchaser,
(b) authorized
to trade in real estate as a real estate broker under the Real Estate Act,
(c) a
salesman registered under the Securities Act,
(d) an
individual holding an insurance agent’s certificate of authority under section
470 of the Insurance Act who is compensated for activities performed
under that certificate entirely by way of commission income, or
(e) an
extra in a film or video production,
or to their respective employers while acting in the
capacity of employer.
AR 14/97
s4;114/2000;8/2005
No notice of termination
5(1) No termination notice is required to be given
by an employee, and no termination notice, termination pay or combination of
termination notice and termination pay is required to be given or paid by an
employer to terminate the employment of an employee if
(a) the
employee is employed at the site of and in the construction, erection, repair,
remodelling, alteration, painting, interior decoration or demolition of any
(i) building or structure,
(ii) road, highway, railway or airfield,
(iii) sidewalk, curb or gutter,
(iv) pipeline,
(v) irrigation or drainage system,
(vi) earth and rock fill dam,
(vii) sewage system,
(viii) power transmission line or power distribution system, or
(ix) gas distribution system
unless the employee
(x) is employed to perform ongoing maintenance, or
(xi) is employed as an office employee;
(b) the
employee is employed in the cutting, removal, burning or other disposal of
trees and brush, or either of them, for the primary purpose of clearing land
and not for the harvesting of timber on it.
(2) For the purpose of subsection
(1)(a)(x), a person is deemed to be employed to perform ongoing maintenance if
the person is continuously employed to maintain anything referred to in
subsection (1)(a)(i) to (ix).
(3) Notwithstanding
section 55(2) of the Act, to the extent that section 55(2)(c) of the Act
applies with respect to an employee engaged in oilwell drilling, that clause is
deemed to read
(c) when
the employee is employed for a definite term or task on completion of which the
employment terminates,
(4) In subsection (3), “oilwell drilling” means the
drilling of an oil or gas well, and includes any work performed with a mobile
or completion servicing rig.
AR 14/97 s5;114/2000
Termination pay
5.1 Section 63(1) of the Act does not apply
with respect to an employee who
(a) is
employed to work in a school within the meaning of the School Act, or is
employed as a school bus driver,
(b) works
until the end of one school year, and
(c) at
and from the beginning of the next school year
(i) continues to work for the same employer, or
(ii) is given the opportunity (whether the
employee takes it or not) to continue to work for that employer.
AR 114/2000 s8
Domestic employment
6 The following provisions do not apply to
employees employed in domestic work in a private dwelling, or to their employer
while the employer is ordinarily resident in the dwelling and acting in the
capacity of employer:
(a) Part
2, Divisions 3 and 4 of the Act (relating to hours of work, overtime and
overtime pay), except for sections 18 and 19 of the Act (relating to rest
periods and days of rest).
(b),
(c) repealed AR 114/2000 s9.
AR 14/97 s6;114/2000
Part 2
Minimum Wage
Definition
7 In this Part, “minimum wage” means the
minimum wage that an employer must pay an employee under this Part.
Application
8 This Part does not apply to an employee
who is
(a), (b) repealed
AR 114/2000 s10,
(c) authorized
to trade in real estate as a real estate broker under the Real Estate Act,
(d) a
salesman registered under the Securities Act,
(e) an
individual holding an insurance agent’s certificate of authority under section
470 of the Insurance Act who is compensated for activities performed
under that certificate entirely by way of commission income,
(f) repealed
AR 114/2000 s10,
(g) a
student engaged
(i) in a formal course of training approved by the Director,
(ii) in an off‑campus education program provided under the School
Act, or
(iii) in a work experience program approved by the Minister of Advanced
Education and Technology or the Minister of Employment, Immigration and
Industry,
(h) an
extra in a film or video production, or
(i) a
counsellor or instructor at an educational or recreational camp that is
operated on a charitable or not‑for‑profit basis
(i) for children or handicapped individuals, or
(ii) for religious purposes,
or to their respective
employers while acting in the capacity of employer.
AR 14/97
s8;114/2000;8/2005;105/2005;35/2007
Basic minimum wage
9 Employers must pay wages to employees at
at least the following rates:
(a) except
where clauses (b) or (c) applies, the rate is $8.00 per hour;
(b) for
an employee employed as
(i) an individual who has attained the age of 16 years and who
engages in a direct selling business within the meaning of the Direct
Selling Business Licensing Regulation (AR 190/99) under the Fair Trading
Act on behalf of the holder of a direct selling business licence
established by that Regulation,
(ii) a salesperson, other than a route salesperson, remunerated in
whole or in part by commission, who is engaged in soliciting orders,
principally outside of the employer’s place of business, for goods or services
that will subsequently be delivered or provided to the purchaser,
(iii) an automobile, truck, recreational vehicle or bus salesperson,
(iv) a manufactured home salesperson,
(v) a farm machinery salesperson,
(vi) a heavy duty construction equipment or road construction
equipment salesperson,
(vii) a residential home salesperson employed by a person who builds
those homes,
(vii.1) a land agent licensed under the Land Agents Licensing Act,
or
(vii.2) any person referred to in section 2(2),
the rate is $320 per week;
(viii), (ix) repealed AR 114/2000 s11,
(x) repealed AR 60/2005 s2;
(c) in the case of an employer and employee
referred to in section 6, where the employee lives or lives primarily in the
employer’s home, the rate is $1525 per month.
AR 14/97
s9;135/98;114/2000;60/2005;134/2007
Calculation of
minimum wage
10 In determining whether the minimum wage
has been paid to an employee who is paid entirely or partly by commission or
other incentive‑based pay, the determination must be based on the wages
paid over the pay period established by the employer for the calculation of
wages or a period of one month, whichever is the shorter period.
Employment for less
than 3 hours
11(1) Subject to subsection (3), if an employee is
employed for less than 3 consecutive hours of work, the employer must pay the
employee for 3 hours of work at not less than the minimum wage to which the
employee is entitled.
(2) For
the purposes of subsection (1),
(a) a
meal period of one hour or less is not to be considered as part of the 3
consecutive hours of work, and
(b) hours
of work immediately following the meal period referred to in clause (a) are to
be counted as if they were hours of work following consecutively the hours of
work before the meal period.
(3) If
an employee is
(a) employed
in a recreation or athletic program on a part time basis by a municipality,
Metis settlement or community service organization that is not operated for
profit,
(b) employed
as a school bus driver, or
(c) an
adolescent employed on a day when the adolescent is required to attend school,
for less than 2
consecutive hours of work, the employer must pay the employee for 2 hours of
work at not less than the minimum wage to which the employee is entitled.
(4) Repealed AR 135/98 s3.
AR 14/97
s11;135/98;114/2000
Board and lodging
deductions
12(1) If board and lodging or either of them are
furnished by an employer to an employee, the amount by which the wages of the
employee may be reduced below the minimum wage to which the employee is
entitled by way of a deduction from wages or a payment out of wages, or both,
must not exceed the following:
(a) for
a single meal, $2.63;
(b) for
lodging, $3.48 a day.
(2) Despite subsection (1)(a), an employer must not
make deductions from the minimum wage for a meal not consumed by an employee.
AR 14/97
s12;135/98;60/2005;134/2007
Other deductions
13 No employer may reduce the wage of an
employee below the minimum wage to which the employee is entitled by making a
deduction from or receiving payment out of wages for the furnishing, use,
repair or laundering of any uniforms or special articles of wearing apparel
that the employer requires the employee to wear during the employee’s hours of
work.
Deductions above or
below minimum wage
13.1 Without limiting section 13,
any deduction or receipt of payment out of wages for a purpose referred to in
section 13 may not exceed the cost to the employer for the article or service
in question, whether the reduction results in a wage that is below minimum wage
or not.
AR 114/2000 s13
Part 3
Special Provisions for Specific Industries and Occupations
Division 1
Ambulance Attendants
Application
14 This Division applies to all
employees employed as ambulance attendants, and to their respective employers
while acting in the capacity of employer.
AR 14/97 s14;114/2000
15 Repealed AR 114/2000 s17.
Overtime hours
16(1) Overtime hours in respect of a work week are
(a) the
total of an employee’s hours of work in excess of 10 on each work day in the
work week, or
(b) an
employee’s hours of work in excess of 60 hours in the work week,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
(2) This section applies in substitution for
section 21 of the Act.
AR 14/97 s16;114/2000
Calculation of hours
of work
17(1) Notwithstanding section 16 of the Act, if
(a) a
shift starts at or after 4:00 p.m. on one day and ends not later than 9:00 a.m.
on the following day, and
(b) the
employee is provided with sleeping accommodation,
the shift may last up
to 14 hours in aggregate.
(2) A
shift described in subsection (1) is, for the purposes of determining the
number of hours of work, to be considered 10 hours of work.
(3) Notwithstanding
subsection (2) but subject to subsection (4), where the employee provides
active services for the employer for more than 10 hours during the shift, those
excess hours are overtime hours.
(4) Subsection (3) does not apply where a
collective or other agreement provides that all the hours in a shift to which
subsection (1) applies, whether or not active services for the employer are
performed during the shift, are to be compensated at the employee’s regular
rate of pay.
AR 14/97 s17;114/2000
Relief from on-call
duties
17.1 On at least 4 days in every 28‑day
period, an employee must be relieved of on‑call duties unless the employee
has expressly agreed to be on call.
AR 114/97 s19
Division 2
Miscellaneous Services (Field Catering, Geophysical Exploration, Surveying,
Logging and Lumbering and Road Maintenance Activities)
Definitions
18 In this Division,
(a) “field
catering” means work performed or services provided in the operation of field
camps that provide food services or accommodation;
(b) “geophysical
exploration” means the application of a physical science in the determination
of geologic or other conditions for the location of oil, natural gas, coal or
other minerals;
(c) “land
surveying” means the practice of land surveying within the meaning of the Land
Surveyors Act;
(d) “logging
and lumbering” means
(i) the cutting of primary timber products,
(ii) the sawing of primary timber products into rough lumber, or
(iii) the planing of rough lumber,
and work incidental to any
of them that is performed at or in the immediate vicinity of the logging and
lumbering;
(e) “urban municipality” means any of the
following that has a population of 1000 or more: a city, town, village, summer
village or hamlet.
AR 14/97 s18;114/2000
Application
19 This Division applies to
(a) employees
employed in an undertaking that consists of
(i) field catering,
(ii) geophysical exploration but not including a professional member
or member‑in‑training, as defined in the Engineering, Geological
and Geophysical Professions Act,
(iii) land surveying, or
(iv) logging and lumbering,
if the undertaking does not
take place within an urban municipality or within 16 km of an urban
municipality,
(b) the
respective employers of the employees referred to in clause (a) while acting in
the capacity of employer, and
(c) employees
of a municipal district or Metis settlement employed in road construction, road
maintenance or the removal of snow from roads and to their respective employers
while acting in the capacity of
employer.
Substitution for Act
20 This Division applies in substitution for
section 21 of the Act.
Overtime hours
21(1) Overtime hours in respect of a work month are
(a) the
total of an employee’s hours of work in excess of 10 on each work day in the
work month, or
(b) an
employee’s hours of work in excess of 191 hours in the work month,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
(2) If
an employee, in the first or last work month of the employee’s employment,
completes less than 191 hours of work, the overtime hours in respect of a work
week in that first or last work month are
(a) the
total of an employee’s hours of work in excess of 10 on each work day in the
work week, or
(b) an
employee’s hours of work in excess of 44 hours in the work week,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
Geophysical
exploration
21.1 Section 16 of the Act does not
apply with respect to geophysical exploration.
AR 114/2000 s22
Division 3
Highway and Railway Construction
and Brush Clearing
Definitions
22 In this Division,
(a) “brush
clearing” means the cutting, removal and burning or other disposition of trees
or brush for the primary purpose of clearing land and not for the harvesting of
timber on it;
(b) “railway
construction” means work performed in respect of the construction, maintenance
or repair of a railway;
(c) “road
construction” means work performed in respect of the construction, maintenance
or repair of a road or highway.
Application
23 This Division applies to
(a) employees
employed in brush clearing, and
(b) employees
engaged in railway construction and highway construction
(i) outside the boundaries of a city, town or village, and
(ii) inside the boundaries of a city, town or village where the
railway construction or road construction is a continuation of railway
construction or road construction carried on by the same employer outside the
boundary of the city, town or village,
and to their
respective employers while acting in the capacity of employer.
Substitution for Act
24 This Division applies in substitution for
section 21 of the Act.
Overtime hours
25 Overtime hours in respect of a work week
are
(a) the
total of an employee’s hours of work in excess of 10 on each work day in the
work week, or
(b) the
employee’s hours of work in excess of 44 hours in the work week,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
Division 4
Irrigation Districts
Application
26(1) This Division applies to employees of
irrigation districts, other than office employees, who are
(a) employed
full time, and
(b) paid
wages on a monthly basis,
and to their
respective employers while acting in the capacity of employer.
(2) This
Division applies during April 1 to October 31 each year.
Substitution for Act
27 This Division applies in substitution for
section 21 of the Act.
Overtime hours
28 Overtime hours in respect of a work week
are
(a) the
total of an employee’s hours of work in excess of 9 on each work day in the
work week, or
(b) the
employee’s hours of work in excess of 54 hours in the work week,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
Division 5
Nursery Industry
Application
29 This Division applies to employees
employed in the propagation and the preparation for sale of trees, shrubs and
plants and to their respective employers while acting in the capacity of
employer, except when the employer’s operation is principally carried on in a
greenhouse.
Substitution for Act
30 This Division applies in substitution for
section 21 of the Act.
Overtime hours
31 Overtime hours in respect of a work week
are
(a) the
total of an employee’s hours of work in excess of 9 on each work day in the
work week, or
(b) the
employee’s hours of work in excess of 48 hours in the work week,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
Division 6
Oilwell Servicing
Definition
32 In this Division, “oilwell servicing”
means
(a) the
operation performed or service provided that is necessary for the completion,
recompletion or remedial treatment of an oil or gas well, or
(b) the
supplementary operation performed or service provided that is necessary to the
drilling of an oil or gas well,
when the operation
performed or service provided is applied in respect of the well, but does not
include the operation performed in respect of the actual drilling of the well
and does not include work performed with a mobile workover or completion
service rig.
Application
33 This Division applies to employees
employed in oilwell servicing and to their respective employers while acting in
the capacity of employer.
Hours of work
33.1 Section 16 of the Act does not
apply with respect to oilwell servicing.
AR 114/2000 s23
Substitution for Act
34 This Division applies in substitution for
section 21 of the Act.
Overtime hours
35(1) Overtime hours in respect of a work month are
(a) the
total of an employee’s hours of work in excess of 12 on each work day in the
work month, or
(b) the
employee’s hours of work in excess of 191 hours in the work month,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are those
common hours.
(2) If
an employee, in the first or last work month of the employee’s employment,
completes less than 191 hours of work, the overtime hours in respect of a work
week in that first or last work month are
(a) the
total of an employee’s hours of work in excess of 12 on each work day in the
work week, or
(b) an
employee’s hours of work in excess of 44 hours in the work week,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
Payment of bonus
component of wages
35.1 Any bonus component of wages
that, but for this section, would have to be paid in accordance with section
8(1) of the Act must, notwithstanding that section, be paid within 10 days
after the end of the pay period subsequent to the one in which the bonus was
earned.
AR 114/2000 s24
Bonus treatment in
calculating general holiday pay
35.2 Notwithstanding section 28 of
the Act, if an employee is paid a combination of salary and bonus, then, for
the purpose of calculating general holiday pay, the bonus component is not
considered to be wages.
AR 114/2000 s24
Overtime pay where
bonus component
35.3 Notwithstanding sections 24(2)
and 32(2) of the Act, where an employee is paid a combination of salary and
bonus, then, for the purpose of calculating minimum entitlement to overtime pay
and pay for time worked on a general holiday, the employee’s wage rate is
deemed to be the minimum wage.
AR 114/2000 s24
Division 7
Taxi Cab Industry
Application
36 This Division applies to all employees
employed as taxi cab drivers and to their respective employers while acting in
the capacity of employer.
Substitution for Act
37 This Division applies in substitution for
section 21 of the Act.
Overtime hours
38 Overtime hours in respect of a work week
are
(a) the
total of an employee’s hours of work in excess of 10 on each work day in the
work week, or
(b) the
employee’s hours of work in excess of 60 in the work week,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
Division 8
Trucking Industry
Application
39 This Division applies
(a) to
an employee employed as
(i) a truck driver to operate a truck that has a manufacturer’s rated
carrying capacity of 910 kilograms net weight or over and that is a commercial
vehicle within the meaning of the Traffic Safety Act, and to an employee
employed as the truck driver’s helper, or
(ii) a bus driver to operate a bus within the meaning of and in
accordance with the Traffic Safety Act,
other than a truck driver,
bus driver or helper whose duties are performed entirely within the same city,
and
(b) to the respective employers of the employees
to which this Division applies while acting in the capacity of employer.
AR 14/97 s39;114/2000
Substitution for Act
40 Sections 41 and 42 apply in substitution
for section 21 of the Act.
Overtime hours
41 Overtime hours in respect of a work week
are
(a) the
total of an employee’s hours of work in excess of 10 on each work day in the
work week, or
(b) the
employee’s hours of work in excess of 50 hours in the work week,
whichever is greater,
and, if the hours in clauses (a) and (b) are the same, the overtime hours are
those common hours.
Working period
42 For the purposes of this Division, an
employee is to be considered to be working or performing a service from the
time that the employee is required to report and does report until the time
that the employee is relieved from work and all responsibility for work.
Hours of rest
43(1) After an employee completes a shift, the
employer must not require the employee to resume work, nor may the employee
resume work, unless the employee has had at least the longer of
(a) the
consecutive period of rest, if applicable, required by the Drivers’ Hours of
Service Regulation (AR 290/89), and
(b) 8
consecutive hours of rest.
(2) An employee who is subject to the Drivers’
Hours of Service Regulation (AR 290/89) is exempt from section 16 of the
Act.
AR 14/97 s43;114/2000
Division 9
Caregivers
Definitions
43.1 In this Division,
(a) “caregiver”
means an employee who provides home care or residential care;
(b) “designated
sleep time” means the period, to a maximum of 8 hours, designated by the
employer as sleep time on a shift that is not a 24‑hour shift;
(c) “home
care” means the provision of
(i) a health care service,
(ii) a personal care service, or
(iii) a homemaking service
as defined in the Co‑ordinated
Home Care Program Regulation (AR 296/2003) to home care clients in
their homes, but does not include
(iv) heavy housework service,
(v) handyman service,
(vi) the services commonly known as “Meals on Wheels” and “Wheels to
Meals”,
(vii) transportation service, or
(viii) office or administrative services;
(d) “home
care client” means an individual, regardless of age, who
(i) requires home care,
(ii) is unable to perform daily living activities independently, and
(iii) is not the employer of the caregiver;
(e) “residential
care” means the provision of
(i) a health care service, or
(ii) a personal care service,
as defined in the Co‑ordinated
Home Care Program Regulation (AR 296/2003) to residential care
clients, but does not include
(iii) office or administrative services,
(iv) menu planning or meal preparation,
(v) housekeeping, janitorial and maintenance services, or
(vi) other services not directly related to the personal care and
health care of the client;
(f) “residential
care client” means an individual, regardless of age, who
(i) requires residential care,
(ii) lives or stays in a residential setting, and
(iii) is not the employer of the caregiver;
(g) “residential
setting” means a facility that provides any of the following:
(i) emergency shelter;
(ii) addiction treatment;
(iii) supervision and treatment of young offenders;
(iv) care and treatment of individuals with emotional or behavioural
difficulties;
(v) care and treatment of individuals with physical or developmental
disabilities;
(h) “24‑hour shift” means a shift during
which a caregiver is providing home care or residential care for a continuous
period of 24 hours.
AR 28/2004 s2
Application
43.2 This Division applies
(a) to
caregivers who are employed to provide home care or residential care, and
(b) to the respective employers of the
caregivers referred to in clause (a) while acting in the capacity of an
employer.
AR 28/2004 s2
Substitution for Act
43.3 This Division applies in
substitution for sections 16 and 21 of the Act.
AR 28/2004 s2
Caregiver payment for
hours of work and overtime
43.4(1) Where
a caregiver is employed for a 24‑hour shift,
(a) the
caregiver
(i) who provides home care must be paid an amount that is at least
equivalent to the minimum wage for 12 hours, and
(ii) who provides residential care must be paid an amount that is at
least equivalent to the minimum wage for 24 hours,
(b) 12
hours of each 24‑hour shift are used to calculate the total number of
hours worked in a work month for overtime purposes, and
(c) any
hours worked in excess of 264 hours in a work month are overtime hours.
(2) Where a caregiver is employed for
less than a 24‑hour shift,
(a) the
caregiver must be paid at least the minimum wage for each hour of the shift,
(b) overtime
hours in respect of a work month are
(i) the total of the caregiver’s hours of work in excess of 12 hours
for each work day in the work month, or
(ii) the caregiver’s hours of work in excess of 264 hours in the work
month,
whichever is greater, and
where the number of hours calculated under subclause (i) is equal to the number
of hours calculated under subclause (ii), then those hours are the overtime
hours, and
(c) any hours in a designated sleep time are not
used to calculate overtime hours except where the caregiver is providing home
care or residential care during all or a portion of those hours.
AR 28/2004 s2
Caregiver payment for
outings with client
43.5(1) Where
a caregiver accompanies a home care client or residential care client on a
vacation, a recreational or educational outing or some other outing, the
caregiver must be paid an amount that is at least equal to the amount payable
to the caregiver when providing home care in the home care client’s home or
residential care to the residential care client in a residential setting, as
the case may be.
(2) Subsection
(1) does not apply if the caregiver and client have agreed otherwise.
AR 28/2004 s2
Caregiver payment for
less than 2 hours
43.6(1) A
caregiver who is providing home care for less than 2 consecutive hours must be
paid for 2 hours of work at not less than the minimum wage.
(2) For the purposes of subsection (1),
(a) an
unpaid meal period of one hour or less is not to be considered as part of the 2
consecutive hours of work, and
(b) hours of work immediately following the meal
period referred to in clause (a) are to be counted as if they were hours of
work following consecutively the hours of work before the meal period.
AR 28/2004 s2
Part 4
Construction Industry and Brush Clearing (General Holiday Pay and Vacation Pay)
Definitions
44 In this Part,
(a) “construction
employee” means an employee employed
(i) at the site of and in the construction, erection, repair,
remodelling, alteration, painting and interior decoration or demolition of any
(A) building or structure,
(B) road, highway, railway or airfield,
(C) sidewalk, curb or gutter,
(D) pipeline,
(E) irrigation or drainage system,
(F) earth and rock fill dam,
(G) sewage system,
(H) power transmission line or power
distribution system, or
(I) gas distribution system,
but does not include employees
employed to perform ongoing maintenance at the site or office employees
employed at the site, or
(ii) in the cutting, removal, burning or other disposition of trees
and brush or either of them for the primary purpose of clearing land and not
for the harvesting of timber on it;
(b) “construction
employer” means an employer of a construction employee while acting in the
capacity of employer.
Substitution for Act
45 This Division applies in substitution for
sections 26 to 33 of the Act and Part 2, Division 6 of the Act (relating to
vacations and vacation pay).
General holiday pay
46 A construction employer must pay to a
construction employee in respect of general holidays, general holiday pay in an
amount that is at least 3.6% of the employee’s wages.
When paid
47 Despite section 8 of the Act, an employer
must pay general holiday pay referred to in section 46
(a) on
or before December 31 each year, or
(b) if
the employment of a construction employee is terminated, whether by the
construction employer or the construction employee, after the termination of
employment within the time described in section 9 or 10 of the Act.
Vacation pay
48 A construction employer must pay to a
construction employee vacation pay in an amount that is at least 6% of the
employee’s wages.
When paid
49 Subject to section 50, an employer must
pay vacation pay referred to in section 48
(a) on
or before December 31 each year, or
(b) on
the day before the construction employee commences annual vacation, if the
employee is to receive one,
whichever first
occurs.
Vacation pay on
termination
50 If the employment of a construction
employee is terminated, whether by the construction employer or the
construction employee, the construction employer must pay the construction employee
the vacation pay to which the employee is entitled after the termination of
employment within the time described in section 9 or 10 of the Act.
Part 5
Adolescents and Young Persons
Definitions
51 In this Part,
(a) “adolescent”
means an individual 12 years old or older but
under 15 years old;
(b) “young
person” means an individual 15 years old or older but under 18 years old.
Adolescent’s employment
52(1) No employer may employ an adolescent outside of
normal school hours unless
(a) the
adolescent is employed as a
(i) delivery person of small wares for a retail store,
(ii) clerk or messenger in an office,
(iii) clerk in a retail store,
(iv) delivery person for the distribution of newspapers, flyers or
handbills, or
(v) worker in an occupation approved by the Director,
(b) the
employment is not or is not likely to be injurious to the life, health,
education or welfare of the adolescent, and
(c) a
parent or guardian of the adolescent gives the prospective employer written
consent to the employment.
(2) Section
66 of the Act does not apply to the employment of an adolescent if the
employment occurs outside of normal school hours.
(3) No
employer may employ an adolescent
(a) for
longer than 2 hours outside of normal school hours on a day during which the
adolescent is required to attend school, or
(b) for
longer than 8 hours on a day during which the adolescent is not required to
attend school.
(4) During
the period of time from 9:00 p.m. to the following 6:00 a.m., no employer may
employ an adolescent and no adolescent may work in any employment.
Young persons
employment
53(1) During the period of time from 9:00 p.m. to the
following 12:01 a.m., no employer may employ a young person and no young person
may work in any employment on or in connection with any of the following
premises unless the young person works with and is in the continuous presence
of at least one other individual 18 years old or older:
(a) the
premises of any retail business selling
(i) food or beverages, whether alcoholic or not, or
(ii) any other commodities, goods, wares or merchandise;
(b) the
premises of a retail business in which gasoline, diesel fuel, propane or any
other product of petroleum or natural gas is sold;
(c) a
hotel, motel or other place that provides overnight accommodation to the
public.
(2) During
the period of time from 12:01 a.m. to the following 6:00 a.m., no employer may
employ a young person and no young person may work, in any employment on or in
connection with any of the premises specified in subsection (1).
(3) With
respect to the employment of young persons on premises not specified in
subsection (1) during the period of time from 12:01 a.m. to the following 6:00
a.m., no employer may employ a young person and no young person may work in any
employment unless
(a) a
parent or guardian of the young person gives the prospective employer written
consent to the employment, and
(b) during
the employment the young person works with and is in the continuous presence of
at least one individual 18 years old or older.
Conditions on
employment
54(1) The Director is authorized to impose conditions
on the employment of an adolescent or young person whenever the director
considers it necessary to do so.
(2) The
employer, adolescent or young person who is subject to the conditions must
comply with them.
Part 6
Reciprocating Jurisdictions
Reciprocal enforcement
of orders
55(1) A jurisdiction set out in column 1 of the
Schedule is declared, under section 113 of the Act, to be a reciprocating
jurisdiction for the purpose of enforcing orders, awards, certificates or
judgments for the payment of earnings made under an enactment of that
jurisdiction.
(2) The
authority set out in column 2 of the Schedule is designated as the authority
within that jurisdiction who may make applications or issue certificates under
section 113 of the Act.
Part 7
Fees and Costs
Fee is debt
56(1) A fee that is payable under this Part
constitutes a debt owing from the person liable to pay it to the person to whom
it is to be paid and is recoverable by an action in debt.
(2) The
remedy in subsection (1) is in addition to any other remedy given in this Part.
General fees
57(1) For the purpose of recovering the costs of the
Government in administering Part 2 of the Act in cases not otherwise
specifically provided for in this Part, the Director must charge fees
established by the Minister.
(2) The
Director may, if the Director considers it appropriate,
(a) waive
the payment of a fee under subsection (1) or reduce the amount of the fee, or
(b) refund
a fee paid under subsection (1).
58 Repealed AR 114/2000 s27.
Audit fees
59(1) If an audit of employer records is conducted by
an employee of the Crown, the employer is liable to pay to the Crown a fee
equal to 10% of the earnings alleged to be owing to employees.
(2) If
an audit of employer records is conducted by a person under the authority of
section 72 of the Act, the Director is liable to pay to that person the fees
charged by the auditor and approved by the Director, and the employer is liable
to pay the same amount to the Director.
(3) No
fee is payable under this section unless the Director has first notified the
employer in writing that the audit will be conducted.
(4) If as a result of an audit referred to in
subsection (2) the Director is satisfied that the employer does not owe
earnings to employees, the Director may reimburse the employer for all or part
of the fee the employer paid to the person referred to in subsection (2).
AR 14/97 s59;114/2000
Additional fee
60(1) Where an officer or the Director makes an order
under section 87 or 89 of the Act, an additional fee is payable by the employer
to the Crown in an amount equal to
(a) 10%
of the amount ordered to be paid under section 87 or 89 of the Act, or
(b) $100,
whichever is greater,
for each employee in respect of whom the order was made.
(2) If
under the authority of section 92 of the Act an officer or the Director
revokes, amends or varies an order under section 87 or 89 of the Act, the fee
under subsection (1) must
(a) be
refunded if the order is revoked,
(b) be
reduced proportionately and the amount of the reduction refunded if the amount
payable under the order is reduced, or
(c) be
increased proportionately and the amount of the increase be paid to the Crown
by the employer if the amount payable under the order is increased.
Fees on appeal
61 If an order of an officer or the Director
under section 87 or 89 of the Act is appealed to an umpire,
(a) the
additional fee under section 60(1) and any audit fee under section 59(1) must
(i) be refunded to the employer if the order is revoked,
(ii) be reduced proportionately and the amount of the reduction
refunded if the amount payable under the order is reduced by the umpire or by
agreement of the parties before the hearing date, or
(iii) be increased proportionately and the amount of the increase be
paid by the employer to the Crown if the amount payable under the order is
increased by the umpire or by agreement of the parties before the hearing date,
and
(b) the
Director may reimburse the employer for all or part of an audit fee paid to a
person under section 59(2), having regard to the nature of the umpire’s order.
Umpire’s costs
62(1) Subject to subsection (2), an umpire who hears
an appeal under Part 3, Division 4 of the Act may, having regard to the conduct
of the parties, order any of the parties to the appeal to pay any or all of the
Government’s direct or indirect costs of the appeal as determined by the umpire
including, without limitation,
(a) research
and preparation costs,
(b) the
fee or salary paid or attributable to persons involved in the hearing and those
persons’ travel and accommodation costs, and
(c) other
expenses that are incidental to conducting the hearing.
(2) No
order for the payment of costs may be made against the Director.
(3) An
umpire’s order for the payment of costs is part of an order of the umpire for
the purposes of the Act.
Third party
collection costs
63(1) If
(a) a
person other than an employee of the Crown (in this section referred to as the
collector) collects on behalf of an employee money owing to the employee
pursuant to an order that is filed in the Court of Queen’s Bench under section
110 of the Act, and
(b) the
collector is acting on the written authority of the employee, given through the
Director,
the employer is liable
to pay and the collector is entitled to collect from the employer an additional
amount calculated in accordance with the formula
A = B x C
where
A is
the additional amount,
B is
a percentage specified by the Minister for the purposes of this section, and
C is
the amount owing to the employee.
(2) The
additional amount under subsection (1) is in addition to any other costs to
which the collector is entitled by law.
(3) A collector is entitled to receive
from the Director a collection certificate that sets out
(a) the
additional amount that may be collected under this section, and
(b) the
person who is liable to pay the additional amount.
(4) A
collector may file a collection certificate with the clerk of the Court of
Queen’s Bench in the judicial district in which the judgment is filed and the
collection certificate is then enforceable as an order or judgment of the Court
of Queen’s Bench.
(5) Where
a collector collects money owing pursuant to an order referred to in subsection
(1)(a) or a collection certificate under this section, the collector is
entitled to retain a fee that is a portion of the collected amount determined
in accordance with the formula
Y = A
C+A
where
Y is
the portion the collector is entitled to retain, and
A and C have
the same values as they have under subsection (1).
(6) For
the purposes of the calculation under subsection (5), “collected amount” is the
amount remaining after deduction of the other costs to which the collector is
entitled by law that are referred to in subsection (2).
(7) After
deducting the collector’s fee under subsection (5), the collector must
distribute the balance as follows:
(a) first,
to pay the money owing to the employee under the order;
(b) second,
to pay any remainder to the Government in satisfaction of fees and other
amounts owing to the Government in connection with the order.
(8) The
Director may require a collector to pay the balance referred to in subsection
(7) to the Director, in which case the Director is responsible for distributing
the balance in accordance with subsection (7).
(9) No
person may act as a collector under this section unless that person has entered
into an agreement with the Director for that purpose.
Part 8
Repeal, Commencement and Expiry
Repeal
64 The following Regulations are repealed:
(a) Adolescents
and Young Persons Employment Regulation (Alta. Reg. 82/81);
(b) Construction
Industry and Brush Clearing (Vacation Pay and General Holiday Pay) Regulation
(Alta. Reg. 81/81);
(c) Exemption
Regulation (Alta. Reg. 296/88);
(d) Fees
and Costs Regulation (Alta. Reg. 309/94);
(e) Hours
of Work and Overtime Pay (Ambulance Drivers and Attendants) Regulation
(Alta. Reg. 77/81);
(f) Hours
of Work and Overtime Pay (Field Services) Regulation (Alta. Reg. 73/81);
(g) Hours
of Work and Overtime Pay (Highway and Railway Construction and Brush Clearing)
Regulation (Alta. Reg. 79/81);
(h) Hours
of Work and Overtime Pay (Irrigation Districts) Regulation (Alta. Reg.
75/81);
(i) Hours
of Work and Overtime Pay (Nursery Industry) Regulation (Alta. Reg. 76/81);
(j) Hours
of Work and Overtime Pay (Oilwell Servicing) Regulation (Alta. Reg. 74/81);
(k) Hours
of Work and Overtime Pay (Taxi Cab Industry) Regulation (Alta. Reg. 80/81);
(l) Hours
of Work and Overtime Pay (Trucking Industry) Regulation (Alta. Reg. 78/81);
(m) Minimum
Wage Regulation (Alta. Reg. 145/81);
(n) Reciprocating
Provinces Regulation (Alta. Reg. 277/83);
(o) Scheme
of Employment Regulation (Alta. Reg. 101/81).
