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 and Immigration,
(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;68/2008
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 $8.40 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 $336 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 $1601 per month.
AR 14/97
s9;135/98;114/2000;60/2005;134/2007;39/2008
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, $2.76;
(b) for
lodging, $3.65 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;39/2008
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;
