Canada Alberta HR Information

Updated on: 2025/08/04 14:03 (UTC)

Overview

Under the Canadian Constitution, Alberta and the other provinces have exclusive jurisdiction over all aspects of employment relations in most fields of economic activity. The Employment Standards Code is the principal provincial law governing employment in Alberta. Other legislation in Alberta, such as the Labour Relations Act and the Human Rights Act, are also an important consideration. In addition, unemployment insurance for all Canadian employees is regulated under the federal Employment Insurance Act and public pension benefits are provided to residents of all provinces except Quebec under the federal Canada Pension Plan.

Hiring

Employment Contracts

There is no requirement to enter into a written employment contract with nonunionized employees. In cases where no written employment contract exists or where the contract does not fully address the terms and conditions of employment, the employment relationship is governed by standards established under the common law.

Alberta does not have specific laws addressing probationary employment, although the province allows employers to terminate employees without advance notice during the first three months of employment. Employers who wish to hire on a probationary basis must specify the period of probation at the beginning of employment.

Restrictions on Hiring

No individual under 15 years old may be employed without the written consent of the parent or guardian’s permission to work. Some jobs for people 14 years old and younger require a government permit.

Individuals under 13 years old may not work except when the work qualifies as an “artistic endeavor.” Employees 15 to 17 years old may be employed in any type of work, but parent or guardian consent is required for work during restricted hours. People 13 to 14 years old are prohibited from doing work using hazardous equipment and tools.

Recordkeeping

The Alberta Employment Standards Code requires employers to maintain records for each employee relating to regular and overtime hours worked, wage rate and overtime rate, earnings paid separated by earning period, deductions and reasons for deductions and any time that was taken in lieu of overtime payment. Following each pay period, the employer must give each employee a written statement accounting for the above information. The employer must also keep a record of the following for each employee:

• name, address and date of birth;
• the starting date of employment;
• the date on which a general holiday is taken;
• each annual vacation, including the dates of vacation and in which employment cycle the vacation was earned;
• the wage rate and overtime rate when employment began, the date of any change thereto and description of the change;
• copies of documentation relating to maternity and parental leave;
• copies of documentation relating to reservist leave;
• copies of documentation relating to compassionate leave;
• copies of termination notice; and
• requests for employees to return to work following a temporary layoff.

These records must be maintained for at least three years from the date the record was generated.

Background Checks

The general rule is employers may collect, use, and disclose employee information for reasonable purposes related to recruiting, managing or terminating personnel. Employee or applicant consent is not required, but the individual must be informed the check will take place.

The Personal Information Protection Act governs the disclosure of personal information in Alberta. The province permits reference checking and verifying educational credentials. Other background checks are permissible to the extent the inquiry is narrowed to what is reasonable in light of the job description.

The general rule is employers may collect, use, and disclose employee information without consent for reasonable purposes related to recruiting, managing or terminating personnel. The employer must notify the employee in advance that it intends to collect certain information and the reasons for collecting it. If the person for whom the information is collected is not yet an employee notice need not be given. Pre-employment credit checks have been challenged in Alberta.

Noncompetition Agreements

Noncompetition and nonsolicitation agreements may form part of an employment agreement if they are reasonable. In Alberta, the courts will decide the enforceability of noncompetition and nonsolicitation clauses and agreements.

Noncompetition and nonsolicitation agreements may form part of an employment agreement. Noncompetition agreements will be void as being contrary to public policy unless they are reasonable as between the parties and reasonable in light of the public interest in allowing everyone to freely engage in the occupation of choice. Nonsolicitation agreements, which impose less onerous limitations on employees, will normally be enforceable if they are reasonable as between the parties

Reference Citations

Employment Contracts: Employment Standards Code, R.S.A. 2000, ch. E-9, § 52; Employment Standards Regulation, Alta Reg 14/1997, s. 5(1)

Restrictions on Hiring: Employment Standards Code, R.S.A. 2000, ch. E-9, § 65; Employment Standards Regulation, Alta Reg 14/1997, s. 52(1); Adolescents and Young Persons, Government of Alberta

Recordkeeping: Employment Standards Code, R.S.A. 2000, ch. E-9, part 2, §§ 14-15; Employment Standards Regulation, Alta Reg 14/1997, s. 2(1)

Background Checks: Personal Information Protection Act, SA 2003, ch. p-6.5 § 21(1); Personal Information Protection Act Regulation, Alta Reg, 366/2003

Immigration and Work Permits

In General

Foreign nationals must have work permits to be legally employed in Canada. A labor market impact assessment must be conducted to ensure there are no Canadians available to do the job.

Visas and Work Permits

An individual not a citizen or permanent resident must have a work permit to be legally employed in Canada. A work permit is usually very specific, valid for only a particular employer, a particular job and a limited time.

Alberta Immigrant Nominee Program: Most provinces and territories in Canada can nominate immigrants through the Provincial Nominee Program (PNP). These immigrants must have the skills, education and work experience to contribute to the economy of that province or territory, and must want to live there. Each province (with the exception of Quebec, which does not have PNP) has its own immigration programs that target certain groups and criteria for their PNP. Alberta’s program offers options for both skilled and semi-skilled workers.

For more information on hiring temporary foreign workers in Canada, see HR Primer: Canada

Penalties

In Canada, penalties for employers that violate rules regarding the hiring of foreign workers include:

• warnings;
• financial penalties ranging from C$500 to C$100,000 per violation up to an annual maximum C$1 million per employer;
• a ban of one, two, five or 10 years or permanent bans for the most serious violations, and
• publication of the employer’s name on a public list with details of violations and sanctions.

Reference Citations

Visas and Work Permits: Hiring Temporary Foreign Workers; Alberta Advantage Immigration Program, Government of Alberta

Nondiscrimination

In General

Employers under provincial jurisdiction in Alberta may not discriminate in making decisions concerning an employee’s hiring, career, pay, or termination on the basis of race, religious beliefs, color, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation. Employers also cannot pay female employees at wage rates that are less than the wage rates paid to male employees for comparable work.

A party may bring a complaint of a violation of the Alberta Human Rights Act to the Alberta Human Rights Commission. The commission may investigate the complaint and attempt to settle it. If it considers that the complaint has merit and the parties are unable to settle it, the commission will name a Human Rights Tribunal to deal with the complaint.

The tribunal will hold an adversarial hearing at which the parties present evidence and examine and cross examine witnesses. If the tribunal allows the complaint, it may award monetary damages for lost wages or expenses incurred due to the discrimination and order that discriminatory conduct cease. The tribunal’s orders are legally binding once issued and may not be appealed, though they are subject to judicial review.

Pay Discrimination

The Alberta Human Rights Act requires that male and female employees of an employer performing “the same or substantially similar work” in an establishment receive equal pay. An employee may bring a complaint to the Alberta Human Rights Commission alleging a breach of this provision or may bring an action in court claiming compensation.

Reference Citations

Nondiscrimination: Human Rights Act, R.S.A. 2000 ch. A-25.5, § 7; Laws and Procedures, Alberta Human Rights Commission and Tribunal; Issues at Work (Rights & Responsibilities), Alberta Human Rights Commission

Pay Discrimination: Human Rights Act, R.S.A. 2000 ch. A-25.5, § 6; Laws and Procedures, Alberta Human Rights Commission and Tribunal

Employee Privacy

Employee Data

Employers may collect personal employee information without consent for reasonable purposes related to recruiting, managing, or terminating personnel. Employees must be given reasonable notice that their personal employee information is going to be collected and be informed of the purposes for which the information is going to be collected.

Employers must take reasonable measures to protect the personal information they hold. Employees have a right to access their personal information and ask the employer to correct it.

Employers may disclose personal information only with the individual’s consent except in the limited circumstances where use without consent is allowed. An organization also may disclose an employee’s personal information without his or her consent if:

• it’s clearly in the employee’s interests,
• there’s a legal authority for the disclosure, or
• it’s necessary to comply with a collective agreement.

Employee Monitoring and Surveillance

Employers who use video surveillance must establish that the surveillance is being used for reasonable purposes (whether there are legitimate issues the employer needs to address, whether surveillance is likely to be effective in addressing those issues, whether the surveillance is conducted in a reasonable manner and so on).

The Alberta Office of the Information and Privacy Commissioner has determined that video surveillance is acceptable for addressing issues of theft, property loss, safety and security. Utilizing surveillance to address a general concern about employee performance is not acceptable. An employer that wants to use surveillance should memorialize the policy in writing for review by employees and post in a conspicuous spot a warning that surveillance may occur.

Reference Citations

Employee Data: Personal Information Protection Act, 2003, §§ 5-14; Personal Information Protection Act Regulation, Alta Reg, 366/2003

Employee Monitoring and Surveillance: Video Surveillance in the Private Sector, Office of the Information and Privacy Commissioner; Freedom of Information and Protection of Privacy Act; Freedom of Information and Protection of Privacy Act Regulation, Alta Reg, 186/2008; Canada Personal Information Protection and Electronic Documents Act, R.S.A 2003, ch. P-6.5, § 7

Compensation

Hours of Work

The normal workday in Alberta is eight hours. An employee or a group of employees may enter into an hours of work averaging agreement in which an employer will average an employee’s hours of work over a period of one to 12 weeks in order to determine the employee’s entitlement to overtime pay or time off with pay. Employees may not work over 12 hours in a day except in emergencies. Employers must provide two weeks’ written notice before changing an employees’ working schedule under an averaging scheme

Employees must have at least:

• one day of rest in each workweek (midnight Saturday to midnight of the following Saturday),
• two consecutive rest days after two weeks’ work,
• three consecutive days after three weeks’ work, and
• four consecutive days after four weeks’ work.

Employees must also be given a 30-minute break after five hours of work.

Minimum Wage

From Oct. 1, 2018, Alberta’s general minimum wage is C$15.00 per hour. From Oct. 1, 2017 to Sept. 30, 2018, the rate was C$13.60 per hour.

The minimum wage for students under 18 is C$13.00 per hour. Employers can still choose to pay students more than this minimum wage. This rate applies to the first 28 hours worked in a week when school is in session. Students must be paid the general minimum wage of C$15.00 per hour for any hours exceeding 28 hours in one week.

Under the Canada Labour Code, the minimum wage established by the province is applicable to federally regulated employees working there as well.

Employees who work on a general holiday that falls on a regularly scheduled work day are entitled to either double time and a half for time worked on the general holiday or regular wages for time worked on the general holiday and a substitute day off, for which the employee receives a day’s regular wages. When employees work on a general holiday that is not a regularly scheduled work day, the employer must pay the employee double time and a half.

Overtime

Employees must be paid overtime at the rate of time and a half for all hours worked in excess of 44 in a week or eight in a day. The maximum number of overtime hours that can be worked in a week is eight.

Employees may agree to take paid time off in lieu of overtime pay. Such a provision may also form part of a collective agreement.

An employer may give an employee time off work with pay (banked overtime) at a rate of at least 1 hour for each overtime hour worked as part of an overtime agreement between the employer and employee. Employees must use up banked overtime within 6 months of the end of the pay period in which they earned it, unless there is a collective agreement that allows the overtime banking period to be extended.

Supervisors, managers, employees working in a confidential capacity and members of professions specified in regulations issued under the Employment Standards Code are not covered by these provisions.

Wage Payment

Under Alberta’s Employment Standards Code, wages and overtime pay must be paid by an employer not later than 10 consecutive days after the end of each pay period. A pay period must not be longer than one work month. Biweekly payments are common in practice.

Employers under provincial jurisdiction in Alberta may only make deductions from an employee’s pay that are:

• required by a statute (e.g., income tax legislation),
• required by a court order or judgment,
• authorized by a collective agreement binding on the employee, or
• personally authorized in writing by the employee.

The code explicitly prohibits deductions for faulty workmanship or for cash shortages or loss of property if anyone other than the employee had access to the cash or property. The fact that an employee’s wages are subject to a garnishment order would not of itself constitute cause for termination.

Mandatory Bonuses

There are no provisions governing bonuses in Alberta’s labor code.

Reference Citations

Hours of Work: Employment Standards Code, R.S.A. 2000, ch. E-9, §§ 16-19 ; Employment Standards Regulation, Alta Reg 14/1997, s. 13.3(1) to 13.38

Minimum Wage: Employment Standards Code, ch. E-9, part 2, §(1); Minimum Wage, Government of Alberta ; Employment Standards Regulation, Alta Reg 14/1997, s. 9(1)

Overtime: Employment Standards Code, ch. E-9, part 2, §§ 21-24(1) ; Employment Standards Regulation, Alta Reg 14/1997, 13.3(1) to 13.38

Wage Payment: Employment Standards Code, R.S.A. 2000, ch. E-9, §§ 7-13(1) ; Employment Standards Regulation, Alta Reg 14/1997, s. 13.3(1) to 13.38

Benefits

Vacation

Employees in provincially regulated industries in Alberta are entitled to a minimum two weeks’ paid vacation after each of their first four years of employment and a minimum three weeks’ after five consecutive years. An employee’s contract of employment may provide for a longer vacation period. The vacation period must be in consecutive weeks off unless the employee and the employer agree otherwise. Unused vacation cannot be carried over from one year to the next.

Employers may establish a common annual date for calculating employees’ entitlement to vacation pay for all their employees or for a specific group of them.

Employees entitled to two weeks’ vacation must receive 4 percent of their earnings as vacation pay for the year for which the vacation is taken. This becomes 6 percent for employees entitled to three weeks’ vacation.

Holidays

Employees who have worked for the same employer for at least 30 working days in the 12 months prior to the holiday are entitled to nine paid public holidays:

• Jan. 1: New Year’s Day
• Alberta Family Day (3rd Monday in February)
• Good Friday
• Victoria Day (3rd Monday in May)
• July 1: Canada Day
• Labour Day (1st Monday in September)
• Thanksgiving Day (2nd Monday in October)
• Nov. 11: Remembrance Day
• Dec. 25: Christmas Day

Note: The provincial government has not designated National Day for Truth and Reconciliation (Sept. 30) as a statutory. Instead, it is leaving the decision on whether workers have the day off to employers.

The code allows an employer and its employees by agreement to designate any other day as a public holiday.

Employees who must work on a public holiday are entitled to either:

• pay of 1.5 times what they would normally earn for the hours worked in addition to an amount that is their average daily wage, or
• their standard wage rate for hours worked plus a day off at a future date and an amount that is their average daily wage for that day off.

The average daily wage is equal to 5 percent of the employee’s wages, general holiday pay and vacation pay earned in the 4 weeks immediately preceding the general holiday.

If the holiday falls on a day that is not normally a workday for the employee and the employee did not work on the holiday, they are not entitled to general holiday pay.

When a public holiday falls on a Saturday or Sunday, it is celebrated the following Monday. When a public holiday falls during an employee’s annual vacation, the employee’s vacation may be prolonged by one day or the employee may take an additional day off at another time mutually agreed on with the employer.

Maternity Leave

Birth mothers can take up to 16 consecutive weeks of unpaid maternity leave. Additional parental leave is also available. Maternity leave includes pregnancies that do not result in live birth.

Employers are not required to make any payments to the employee or pay for any benefits during maternity leave. The employee may, however, be eligible for benefits under the federal Employment Insurance program.

Employees must have been employed for 90 days with their employer to be eligible for maternity leave. Maternity leave can begin at any time within 13 weeks prior to the estimated date of delivery. Birth mothers must take at least 6 weeks after birth for health reasons, unless:

• the employer agrees to an early return to duties, and
• the employee provides a medical certificate stating the return will not endanger her health.

An employee must give the employer at least six weeks’ written notice advising when she intends to start maternity leave. Employees also must give at least four weeks’ written notice that they intend to return to work or to change their return date.

An employer cannot terminate an employee on maternity leave unless the employer suspends or discontinues its business.

If a pregnancy ends in a miscarriage or stillbirth within 16 weeks of the estimated due date, the employee is still entitled to maternity leave but is not entitled to parental leave.

Paternity Leave

There is no legal entitlement to paternity leave, although a father may be eligible for up to 62 weeks of unpaid parental leave. Employees may be eligible for paternity benefits under the federal Employment Insurance program.

Sick Leave

Employees who suffer a work-related injury or illness are compensated for lost wages by the Workers’ Compensation Board. The board also pays for medical care and rehabilitation for employees. Employees may not be terminated or laid off while absent from work due to a work-related injury unless this would have happened regardless of the injury.

Sick leave is not required under the Employment Standards Code. In practice, however, employers allow employees reasonable amounts of time as sick leave for illness or injuries not related to work, often with compensation for lost wages under short- or long-term disability programs managed by third-party insurers.

If an employee suffers an injury or contracts an illness that could amount to a disability under the Alberta Human Rights Act, the employer will be required to reasonably accommodate the employee’s absences.

Absences of reasonable duration for injuries or illness not due to work would not constitute cause for termination at common law, so an employer would be required to give reasonable notice or pay in lieu were it to terminate an employee in such circumstances.

Other Leave

Employees who have worked for the employer for at least 90 days are entitled to the following unpaid leaves:

• 36 weeks to provide care for a critically ill or injured child and 16 weeks for a critically ill or injured adult;
• 27 weeks to provide care or support to a family member who is gravely ill and who has a significant risk of death;
• 52 weeks if a child disappears due to a crime and 104 weeks if a child dies due to a crime;
• 5 days to take care of personal and family responsibilities;
• 16 weeks due to a long-term illness or injury;
• 10 days for domestic violence;
• three days’ bereavement leave for the death of an immediate or extended family member or a pregnancy that ends other than in a live birth and
• a half day to attend a citizenship ceremony.

Parental leave. Birth mothers, fathers, and those who adopt a child under the age of 18 may be eligible for up to 62 weeks of unpaid parental leave. Parental leave may be taken by one parent or shared between two parents but the total combined leave cannot exceed 62 weeks. Employees must have been employed for 90 days with their employer to be eligible for parental leave. An employee who takes both maternity leave and parental leave must take the leaves consecutively. An employee who takes maternity leave is not required to give her employer notice before going on parental leave, unless she originally agreed only to take 16 weeks of maternity leave. Otherwise, an employee must give the employer at least six weeks’ written notice to start parental leave.

Parental leave can begin at any time after the birth or adoption of the child but it must be completed within 78 weeks of the date a baby is born or an adopted child is placed with the parent. Employees must give at least four weeks’ written notice that they intend to return to work or to change their return date. Employers aren’t required to reinstate employees who fail to give notice or report to work the day after their leave ends, unless the failure is due to unforeseen or unpreventable circumstances. Employees may be eligible for parental benefits under the federal Employment Insurance program.

Compassionate care leave. An employee is entitled to 27 weeks’ unpaid leave to provide care or support to a family member who is at significant risk of dying within 26 weeks, as established by a medical certificate. Employees must have been employed for 90 days with their employer to be eligible for compassionate care leave. Employers are required to reinstate employees taking compassionate care leave to their original position or provide them with an equivalent position. Some employees may be eligible for up to 26 weeks of Employment Insurance benefits for compassionate care leave.

Reservist leave. Employers under provincial jurisdiction in Alberta are required to give unpaid leaves of absence to employees who are reservists in the Canadian armed forces for annual training or to take part in a deployment in Canada or abroad, if the employee has been employed for 26 weeks or more. In addition, a reservist is entitled to unpaid leave to participate in annual training. There is no time limit on leaves for deployments or training. Employees may not be terminated or laid off while on reservist leave unless the employer ceases its operations during the leave.

Pensions and Social Security

Employees in Alberta are covered by the federal Canada Pension Plan, regardless of whether they work in industries under federal or provincial jurisdiction.

For more information on coverage and benefits under the Canada Pension Plan, see HR Primer: Canada.

Workers’ Compensation

Workers’ compensation in Alberta is administered by a workers’ compensation board. The board provides no-fault compensation based on salary or wages to employees who have been injured at work or who contract occupational illnesses and provides rehabilitation assistance to them. All employers in Alberta are required to make payments into the workers’ compensation fund administered by the board under the Workers’ Compensation Act. The size of an employer’s payments is largely determined by the number of its employees in Alberta, the type of industry the employer is engaged in and its individual experience rating.

Reference Citations

Vacation: Employment Standards Code, R.S.A. 2000, ch. E-9, §§ 34(1)-44 ; Employment Standards Regulation, Alta Reg 14/1997, s. 3.1(1) to 4

Holidays: Employment Standards Code, R.S.A. 2000, ch. E-9, §§ 24.1-33.1

Maternity Leave: Employment Standards Code, R.S.A. 2000, ch. E-9, §§ 45-49; Employment Standards Regulation, Alta Reg 14/1997, s. 54.1(1) to 54.3

Paternity Leave: Employment Standards Code, R.S.A. 2000, ch. E-9, §§ 50-52; Employment Standards Regulation, Alta Reg 14/1997, s. 54.1(1) to 54.3

Other Leave: Employment Standards Code, R.S.A. 2000, ch. E-9, §§ 53.2(1)-53-984(1); Employment Standards Regulation, Alta Reg 14/1997, s. 54.1(1) to 54.3

Workers’ Compensation: Workers’ Compensation Act, R.S.A. 2000, ch. W-15; Workers’ Compensation Regulation, Alta Reg, 325/2002

Labor Relations

In General

Under the constitution and various labor laws, Canadian employees have the right to form and join unions, to bargain collectively, and to strike. In Alberta, unionized employment relationships are largely by governed by the provincial Labour Relations Act.

Right to Organize

The labor relations system in all Canadian jurisdictions is one in which collective bargaining takes place between a single employer and the union recognized or certified as the exclusive bargaining agent for a group of the employer’s employees who form a bargaining unit. Unions are certified as exclusive bargaining agents by the labor relations boards created by each jurisdiction’s labor relations statute if they show they have the support of a majority of the employees in the proposed bargaining unit.

When a union is certified or recognized as the exclusive bargaining agent, the union and the employer are required to negotiate in good faith with a view toward entering into a collective agreement. Collective agreements are required to have a term of at least one year in all Canadian jurisdictions. Two- or three-year agreements have been typical in the past, but agreements for considerably longer periods have become more common since the late 1990s. Labor relations statutes in all Canadian jurisdictions prohibit strikes or lockouts during the term of a collective agreement and require that all disputes concerning the interpretation or application of the agreement be resolved by binding arbitration.

A trade union may apply for certification as the exclusive bargaining agent for a group of employees if it presents evidence satisfactory to the Alberta Labour Relations Board that it represents at least 40 percent of the employees in the proposed bargaining unit. Almost invariably, this evidence takes the form of union membership cards. If the board is satisfied that at least 40 percent of the employees in the proposed bargaining unit are represented by the union, it will hold a secret-ballot representation vote.

The union is certified if it obtains a majority of the votes cast. An employer may also voluntarily recognize a trade union as the exclusive bargaining agent for a group of employees. Recognition of an employer-designated union does not, however, prevent another union from seeking certification.

Works Councils

Alberta’s labour code does not address works councils.

Dispute Resolution

The Alberta Labour Relations Board has the power to issue binding decisions on the certification of unions as exclusive bargaining agents, unfair labor practice complaints, bargaining in bad faith complaints, successor rights in case of dispositions of all or part of a business and complaints of illegal strikes or lockouts.

The Director of Mediation Services will name a mediator at either party’s request to assist a union and an employer in reaching a collective agreement. The Alberta minister of labor also has discretion to name a mediator. Mediation is one of a number of steps, including good faith collective bargaining, required before parties can engage in a legal strike or lockout.

Strikes and Lockouts

Strikes and lockouts are only permitted in limited circumstances in industries coming under provincial jurisdiction in Alberta. The Alberta Labour Relations Board may issue cease-and-desist orders against unlawful work stoppages. These orders are legally binding.

Picketing in Alberta is regulated by the common law. Peaceful picketing of an employer’s worksite is permitted during a lawful strike or lockout. Peaceful picketing at other sites, such as publicly accessible areas of a shopping center or at the places of business of other employers the union considers to be allies of the employer involved in the labor dispute, is also permitted.

Picketing may be limited—or prohibited, if unlawful—by means of injunctions issued by the Alberta Court of Queen’s Bench.

Successorship Clauses

Alberta’s Labour Relations Code safeguards the rights of employees during and after mergers or acquisitions. To the extent there is a transfer of undertaking from one owner (the predecessor employer) to another (the successor employer), the code provides for the continued observance of the working conditions agreed to in any collective agreement until the date of termination or expiration of the agreement or the entry into force or application of another agreement.

Reference Citations

Right to Organize: Labour Relations Code, R.S.A. 2000, ch. L-1, § 21; Election of Union Dues Regulation, Alta Reg 260/2021

Dispute Resolution: Labour Relations Code, R.S.A. 2000, ch. L-1, § 12

Strikes and Lockouts: Labour Relations Code, R.S.A. 2000, ch. L-1, §§ 71-83

Successorship Clauses: Labour Relations Code, R.S.A. 2000, ch. L-1, § 46

Safety, Health and Security

In General

The Alberta Occupational Health and Safety Act, the regulations issued under it and the Alberta Health and Safety Code set out a comprehensive set of standards aimed at ensuring workplace safety in industries under provincial jurisdiction in Alberta.

Workplace Safety and Health

The Alberta Occupational Health and Safety Act, the regulations issued under it and the Alberta Health and Safety Code set out a comprehensive set of standards aimed at ensuringworkplace safety in industries under provincial jurisdiction in Alberta. These include industry-specific technical standards for equipment and for safe-working procedures. Prevention of workplace violence and workplace harassment is considered a facet of occupational health and safety.

The minister of labor may order the establishment of a joint worksite health and safety committee where this is considered desirable. The committee is composed of equal numbers of employer’s representatives and of nonmanagerial employees. Where some or all of the latter are unionized, the union(s) may effectively choose the nonmanagerial employee representatives according to the percentage of these employees who are unionized.

Alberta occupational health and safety legislation provides for fines for employers and individuals guilty of violations of its worker safety provisions.

Under new amendments to the Occupational Health and Safety Act that took effect on June 1, 2018, supervisors and employees have legal responsibilities with regard to preventing and refraining from violence and harassment in the workplace.

Other new changes introduced by the amendments include:

• workers have the right to know of workplace health and safety hazards and employers will have an obligation to provide this information;
• workers have the right to refuse dangerous work and be protected from reprisal for exercising their rights and responsibilities under the legislation;
• employers must develop harassment and violence prevention plans;
• larger employers (20 or more workers) must have a joint worksite health and safety committee for work lasting 90 days or more;
• smaller employers (5-19 workers) must have a health and safety representative for work lasting 90 days or more;
• employers with 20 or more workers must have a written health and safety program (the program must be reviewed every 3 years and include mandated elements);
• employers with less than 20 employees must involve workers in hazard assessment and control;
• employers must notify the government when a serious injury, incident or fatality occurs (the threshold for reporting a serious injury is an injury that requires admission to hospital); and
• employers must report “near misses” (incidents that had the potential to cause a serious injury or incident).

Employers are prohibited from requiring workers to wear shoes that may pose health and safety risks.

Drug and Alcohol Use

Employers under provincial jurisdiction in Alberta have obligations under the Criminal Code and occupational health and safety legislation to maintain safe workplaces. Particularly where a workplace is inherently dangerous, employers may establish rules prohibiting impairment by drugs or alcohol while at work and requiring testing in some circumstances.

Drug and alcohol testing may take place when an employer has reasonable grounds to believe that a particular employee may be impaired or as part of a general policy of testing all employees involved in a safety-related incident. Testing of a particular employee on a random basis may also be permissible as part of a return-to-work program for an employee following treatment for drug or alcohol dependency.

Random drug or alcohol testing may be permissible for employees in inherently dangerous workplaces if the employer demonstrates the existence of a widespread problem of drug or alcohol impairment among those employees.

Employers may impose disciplinary sanctions, including termination in some cases, on employees who are impaired by drugs or alcohol at work. If an employee is addicted to alcohol or drugs, the addiction is considered a disability under the Alberta human rights legislation. Such a disability engages a duty to accommodate the employee up to the point of undue hardship for the employer.

Reference Citations

Workplace Safety and Health: Occupational Health and Safety Act, R.S.A. 2000, ch. O-2, § 2; Occupational Health and Safety Regulation, Alta Reg, 184/2021; Occupational Health and Safety Code, Alta Reg, 191/2021; Occupational Health and Safety Regulation, Alta Reg, 242/2022; An Act to Protect the Health and Well-Being of Working Albertans, 2017

Drug and Alcohol Use: Canadian Human Rights Commission’s Policy on Alcohol and Drug Testing, §§ 5, 6

Termination

Termination by Employer

Employees in Alberta are most usually hired for an indeterminate term. An employer must provide an employee with one to eight weeks’ notification of termination, depending on the length of the employee’s service, unless termination is for cause. Employers may—and frequently do—give pay in lieu of notice.

Employees may also be hired for a fixed term. In such cases, an employer putting an end to the contract before it expires will normally have to pay the employee the salary owed for the balance of the term, unless cause exists for a summary dismissal of the employee.

Alberta does not have specific laws addressing probationary employment, although the province allows employers to terminate employees without advance notice during the first three months of employment. Employers who wish to hire on a probationary basis must specify the period of probation at the beginning of employment.

Termination by Employee

Employees generally are required to give one or two weeks’ notice in advance of resigning, depending on the length of their service. Exceptions include cases where the employees are temporarily laid off, they have been employed by their employer for less than 3 months or their health would be in danger if the employment relationship continued.

Plant Closings and Mass Layoffs

If 50 or more employees working at a single location are to be terminated within a four-week period, the employer must give four weeks’ notice in advance to the Alberta minister of labor.

The notice must include the number of employees whose employment will be terminated and the effective date of the terminations, unless the employees are employed on a seasonal basis or for a definite term or task.

Employers must provide notice as follows:

• eight weeks, if there are at least 50 but no more than 100 affected employees;
• 12 weeks, if there are 101 to 300 affected employees; and
• 16 weeks, if there are more than 300 affected employees.

Layoffs generally are limited to 60 days within a 120-day period, but may be extended if wages and benefits are paid and the employee agrees.

Payment on Termination

Upon termination of employment, an employee is entitled to any vacation pay owing for the prior completed year of work and prorated vacation pay for the current vacation year. Termination pay must be calculated based on the previous 13 weeks of employment when the employee actually worked.

Employers must pay the earnings within 10 consecutive days after the end of the pay period in which termination occurred, or 31 consecutive days after the last day of employment.

Unemployment Insurance

The federal Employment Insurance Act applies to all employees in Canada and provides benefits to temporarily unemployed workers and to employees taking maternity, paternity or parental leave. Employees must generally have worked from 420 to 700 hours in the year preceding the claim to be eligible for unemployment insurance benefits.

For more information on unemployment insurance, see HR Primer: Canada

Reference Citations

Termination by Employer: Employment Standards Code, R.S.A. 2000, ch. E-9, §§ 53.985-57(1); Employment Standards Regulation, Alta Reg 14/1997, s. 5(1) to 5.1

Termination by Employee: Employment Standards Code, R.S.A. 2000, ch. E-9, § 58-59(1)

Plant Closings and Mass Layoffs: Employment Standards Code, R.S.A. 2000, ch. E-9, § 137; Employment Standards Regulation, Alta Reg 14/1997, s. 5(1) to 5.1

Payment on Termination: Employment Standards Code, R.S.A. 2000, ch. E-9, § 57(1) ; Employment Standards Regulation, Alta Reg 14/1997, s. 5(1)

Unemployment Insurance: Canada Employment Insurance Act, S.C. 1996, ch. 23 § 7

Personal Taxes

Residency Requirements

An individual is considered a resident for tax purposes if he or she has residential ties in Canada.

For more information on residency requirements, see HR Primer: Canada

Taxable Income

Individuals resident in Canada during a tax year are subject to Canadian income tax on their worldwide income from all sources. A nonresident is generally only subject to Canadian tax on income from Canadian sources.

Tax Rates

There are five bands for the taxation of general income in Alberta, ranging from 10 percent to 15 percent.

For more information on tax rates, see HR Primer: Canada

Reference Citations

Residency Requirements: Determining Your Residency Status, Canada Revenue Agency

Taxable Income: Alberta Personal Income Tax Act, R.S.A. 2000, ch. A-30; Alberta Affordability Program Regulation, Alta Reg, 268/2022; Personal Income Tax Withholding Regulation, Alta Reg, 34/2001

Tax Rates: Changes to Personal Income Tax, Treasury Board and Finance, Government of Alberta

Web References

Law and Regulation

Alberta Employment Standards Code

Alberta Occupational Health and Safety Act

Alberta Human Rights Act

Canada Pension Plan

CanLII (Alberta federal statutes and regulations)

Canada Employment Insurance Act

Canada Income Tax Act

Alberta Labour Relations Code

Canada Personal Information Protection and Electronic Documents Act

Government Websites and Publications

Alberta Human Rights Commission

Alberta Advantage Immigration Program

Alberta Labour Relations Board

Minimum Wage, Government of Alberta

Alberta Workers’ Compensation Board

Canada Pension Plan—How Much Could You Receive?

Canadian Human Rights Commission’s Policy on Alcohol and Drug Testing

Government of Alberta

Canada Employment Insurance (Benefits and Leave)

Youth Employment Laws, Government of Alberta

Jobs and Employment, Government of Alberta

Service Canada

Canada Temporary Foreign Worker Program Compliance