Assurance for Students Act

Link to law: http://www.qp.alberta.ca/1266.cfm?page=A44P8.cfm&leg_type=Acts&isbncln=9780779772902&display=html

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ASSURANCE FOR STUDENTS ACT ASSURANCE FOR STUDENTS ACT
Chapter A‑44.8
Table of Contents
                1       Interpretation
                2       Modifications to Framework Agreement
                3       Modified Framework Agreement binding
                4       Collective agreement based on modified Framework Agreement
                5       Strikes
                6       Lockouts                 7       Conflicts between enactments
                8       Regulations
                9       Repeal
Schedule
Preamble
WHEREAS the Government of Alberta, the ATA and the ASBA have carried out tripartite and bilateral negotiations over the past 2 years in order to reach an agreement about essential education matters, including compensation for teachers, methods to enhance student learning in the 21st century and ways to implement Inspiring Education: a Dialogue with Albertans;
WHEREAS on March 13, 2013, the Government of Alberta presented a Framework Agreement to the ATA and the ASBA to address those educational matters;
WHEREAS on March 15, 2013, the Provincial Executive Council of the ATA passed a motion agreeing to recommend ratification of the Framework Agreement to each ATA Bargaining Unit;
WHEREAS on March 21, 2013, the Board of Directors of the ASBA passed a motion agreeing to refer the Framework Agreement to each of its members for a local ratification decision;
WHEREAS a significant majority of ATA Bargaining Units voted in favour of ratifying the Framework Agreement;
WHEREAS a significant majority of the members of the ASBA voted in favour of ratifying the Framework Agreement; and
WHEREAS the Government of Alberta recognizes that it must act to implement the Framework Agreement to ensure that the best educational interests of students are met;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Interpretation
1(1)  In this Act,
                             (a)    “ASBA” means the Alberta School Boards Association;
                             (b)    “ATA” means The Alberta Teachers’ Association;
                             (c)    “Crown” means Her Majesty the Queen in right of Alberta;
                             (d)    “employee” means a teacher employed by an employer whose terms and conditions of employment are governed by a collective agreement;
                             (e)    “employer” means an employer named in the Schedule;
                              (f)    “Framework Agreement” means the Framework Agreement presented by the Government of Alberta to the ATA and the ASBA on March 13, 2013;
                             (g)    “Minister” means the Minister of Education;
                             (h)    “modified Framework Agreement” means the Framework Agreement as modified by or under section 2;
                              (i)    “parties” means each employer and the ATA;
                              (j)    “teacher” means an individual who holds a certificate of qualification as a teacher issued under the School Act.
(2)  The following terms have the same meaning as they have in the Labour Relations Code:
                             (a)    collective agreement;
                             (b)    lockout;
                             (c)    strike.
Modifications to Framework Agreement
2(1)  The Framework Agreement is modified as follows:
                             (a)    Part A of the Framework Agreement is amended by striking out “Term from the date of signing until August 31, 2016” and substituting “Term from May 13, 2013 until August 31, 2016”;
                             (b)    Part C, paragraph 10, of the Framework Agreement is modified
                                     (i)    by striking out “The Minister will enact a Ministerial Order on teacher workload to be in effect during the term of this Framework Agreement consistent with the following.” and substituting the following:
                                                  The Minister, after consulting the ASBA and with the prior approval of the Association, will enact a Ministerial Order on teacher workload to be in effect during the term of this Framework Agreement consistent with the following:
                                    (ii)    by striking out subparagraph e and substituting the following:
                                            e.    One or more Exceptions Committees are to be established, each consisting of one representative named by the Association, one representative named by the ASBA, and a Chair named by the Minister from a list of names acceptable to the Association and the ASBA.  However, if the Association and ASBA cannot agree on a list of potential candidates for Chair, the Minister will appoint the Chair so as to ensure that the Exceptions Committee is able to carry out its duties.
                             (c)    Part F of the Framework Agreement is struck out;
                             (d)    Part H of the Framework Agreement is struck out and the following is substituted:
                                      The Ministerial Order referred to in Part C, paragraph 10, shall not be amended or rescinded before September 1, 2016, without consultation with the ASBA and the approval of the Association.
(2)  In addition to the modifications referred to in subsection (1), the Minister may, by order, make further modifications to the Framework Agreement with respect to the role of the ASBA under Parts C and E of the Framework Agreement.
Modified Framework Agreement binding
3(1)  The ASBA, the ATA and the Crown are deemed to have entered into the modified Framework Agreement.
(2)  The modified Framework Agreement is binding on the Crown, the Minister, the ATA, the ASBA and the employers.
 
Collective agreement based on modified Framework Agreement
4(1)  The parties shall enter into a collective agreement in accordance with the terms and conditions of, and within the time set out in, the modified Framework Agreement.
(2)  A voluntary arbitration board under Part 2, Division 15 of the Labour Relations Code shall not make any award that is inconsistent with the modified Framework Agreement.
 
Strikes
5(1)  An employee permitted or authorized to strike under the Labour Relations Code is no longer permitted or authorized to strike.
(2)  A strike that continues or commences after the coming into force of this Act is an unlawful strike.
(3)  A strike that is an unlawful strike under this section is deemed to be an unlawful strike under the Labour Relations Code and a strike contrary to that Act.
 
Lockouts
6(1)  An employer permitted or authorized to lock out employees under the Labour Relations Code is no longer permitted or authorized to lock out its employees. (2)  A lockout of employees that continues or commences after the coming into force of this Act is an unlawful lockout.
(3)  A lockout that is an unlawful lockout under this section is deemed to be an unlawful lockout under the Labour Relations Code and a lockout contrary to that Act.
 
Conflicts between enactments
7   If there is a conflict between
                             (a)    this Act or the modified Framework Agreement, and
                             (b)    the Labour Relations Code or any other enactment,
this Act or the modified Framework Agreement, as the case may be, prevails.
 
Regulations
8   The Lieutenant Governor in Council may make regulations respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.
 
Repeal
9   This Act is repealed on August 31, 2016 unless sooner repealed on Proclamation.  
Schedule
Employers
The Board of Trustees of the Aspen View Public School Division    No. 78
The Board of Trustees of the Battle River Regional Division    No. 31
The Board of Trustees of the Black Gold Regional Division No. 18
The Board of Trustees of the Buffalo Trail Public Schools Regional    Division No. 28
The Board of Trustees of the Calgary Roman Catholic Separate    School District No. 1
The Board of Trustees of the Calgary School District No. 19
The Board of Trustees of the Canadian Rockies Regional Division    No. 12
The Board of Trustees of the Chinook’s Edge School Division    No. 73
The Board of Trustees of the Christ the Redeemer Catholic    Separate Regional Division No. 3
The Board of Trustees of the Clearview School Division No. 71
The Board of Trustees of the East Central Alberta Catholic    Separate Schools Regional Division No. 16
The Regional authority of East Central Francophone Education    Region No. 3
The Board of Trustees of the Edmonton Catholic Separate School    District No. 7
The Board of Trustees of the Edmonton School District No. 7
The Board of Trustees of the Elk Island Catholic Separate Regional    Division No. 41
The Board of Trustees of the Elk Island Public Schools Regional    Division No. 14
The Board of Trustees of the Evergreen Catholic Separate Regional    Division No. 2
The Board of Trustees of the Foothills School Division No. 38
The Board of Trustees of the Fort McMurray Public School District    No. 2833
The Board of Trustees of the Fort McMurray Roman Catholic    Separate School District No. 32
The Board of Trustees of the Fort Vermilion School Division    No. 52
The Board of Trustees of the Golden Hills School Division No. 75
The Board of Trustees of the Grande Prairie School District    No. 2357
The Board of Trustees of the Grande Prairie Roman Catholic    Separate School District No. 28
The Board of Trustees of the Grande Yellowhead Public School    Division No. 77
The Board of Trustees of the Grasslands Regional Division No. 6
The Regional authority of Greater North Central Francophone    Education Region No. 2
The Regional authority of Greater Southern Public Francophone    Education Region No. 4
The Regional authority of Greater Southern Separate Catholic    Francophone Education Region No. 4
The Board of Trustees of The Greater St. Albert Roman Catholic    Separate School District No. 734
The Board of Trustees of the High Prairie School Division No. 48
The Board of Trustees of the Holy Family Catholic Regional    Division No. 37
The Board of Trustees of the Holy Spirit Roman Catholic Separate    Regional Division No. 4
The Board of Trustees of the Horizon School Division No. 67
The Board of Trustees of the Lakeland Roman Catholic Separate    School District No. 150
The Board of Trustees of the Lethbridge School District No. 51
The Board of Trustees of the Living Waters Catholic Regional    Division No. 42
The Board of Trustees of the Livingstone Range School Division    No. 68
The Board of Trustees of the Medicine Hat Catholic Separate    Regional Division No. 20
The Board of Trustees of the Medicine Hat School District No. 76
The Board of Trustees of the Northern Gateway Regional Division    No. 10
The Board of Trustees of the Northern Lights School Division    No. 69
The Board of the Northland School Division No. 61
The Regional authority of Northwest Francophone Education    Region No. 1
The Board of Trustees of the Palliser Regional Division No. 26
The Board of Trustees of the Parkland School Division No. 70
The Board of Trustees of the Peace River School Division No. 10
The Board of Trustees of the Peace Wapiti School Division No. 76
The Board of Trustees of the Pembina Hills Regional Division    No. 7
The Board of Trustees of the Prairie Land Regional Division    No. 25
The Board of Trustees of the Prairie Rose School Division No. 8
The Board of Trustees of the Red Deer Catholic Regional Division    No. 39
The Board of Trustees of the Red Deer Public School District    No. 104
The Board of Trustees of the Rocky View School Division No. 41
The Board of Trustees of The St. Albert Public School District    No. 5565
The Board of Trustees of the St. Paul Education Regional Division    No. 1
The Board of Trustees of the St. Thomas Aquinas Roman Catholic    Separate Regional Division No. 38
The Board of Trustees of the Sturgeon School Division No. 24
The Board of Trustees of the Westwind School Division No. 74
The Board of Trustees of the Wetaskiwin Regional Division No. 11
The Board of Trustees of the Wild Rose School Division No. 66
The Board of Trustees of the Wolf Creek School Division No. 72