Burial of the Dead Act

Link to law: http://www.qp.alberta.ca/1266.cfm?page=B08.cfm&leg_type=Acts&isbncln=9780779752065&display=html
Published: 2010-11-01

BURIAL OF THE DEAD ACT BURIAL OF THE DEAD ACT
Chapter B‑8
Table of Contents
                1       Interpretation
                2       Application of Act
                3       Order re strike or lockout
                4       Employees bound by settlement
                5       Settlement of disputes
                6       Inquiry by Public Emergency Tribunal
                7       Regulations Act inapplicable
                8       Prohibition to prevent work or services                 9       Offences
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)    “burial” includes cremation;
                                 (b)    “employee” means a person employed to
                                           (i)    dig or prepare graves for the burial of dead human bodies, or
                                          (ii)    do work in or provide services in respect of a cemetery, crematory, mausoleum or columbarium,
                                          and includes any other person who works or provides a service in connection with the burial of dead human bodies;
                                 (c)    “employer” means the employer of an employee;
                                 (d)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act.
(2)  Except as provided in subsection (1), words or expressions defined in the Labour Relations Code have the same meaning in this Act.
RSA 1980 cB‑14  s1;RSA 1980 cL‑1.1 s172;1988 cL‑1.2 s207
Application of Act
2   This Act applies notwithstanding the Labour Relations Code.
RSA 1980 cB‑14 s2;RSA 1980 cL‑1.1 s172;1988 cL‑1.2 s207
Order re strike or lockout
3(1)  If employees strike or an employer locks out employees and if the Lieutenant Governor in Council considers it necessary in the public interest, the Lieutenant Governor in Council may by order do any one or more of the following:
                                 (a)    direct an employer engaged in a lockout to bury or permit the burial of dead human bodies;
                                 (b)    direct the employees named or described in the order to perform that work or provide those services necessary to bury or permit the burial of dead human bodies;
                                 (c)    direct an employer to end a lockout;
                                 (d)    direct employees to cease to strike.
(2)  If an order is issued under subsection (1),
                                 (a)    the same rates of pay, terms and conditions of employment and rights and privileges in respect of the employees that existed immediately before the strike or lockout apply during the time that employees are required to work or perform services in accordance with the order,
                                 (b)    no employer shall, except with the consent of the trade union concerned, alter the rates of pay, terms and conditions of employment or any right or privilege in respect of the employees during the time that they are required to work or perform services in accordance with the order, and
                                 (c)    the relationship of employer and employee continues uninterrupted by the dispute or anything arising out of the dispute during the continuance of the order.
(3)  An employer or employee to whom an order under this section is directed shall comply with it forthwith, or if the time for compliance is specified in the order, within the time so specified.
RSA 1980 cB‑14 s3
Employees bound by settlement
4   If an order under section 3 affects one or more employees in a unit, but not all the persons included in the unit, the employees who are affected are bound by any settlement of the dispute between the persons included in the unit, the trade union and the employer or employers’ organization, as the case may be.
RSA 1980 cB‑14 s4
Settlement of disputes
5(1)  If an order under section 3 affects all the employees in a unit, the Minister shall forthwith establish a procedure to assist the parties to the dispute in respect of which the order is issued to reach a settlement, and the Minister is empowered to do all things that may be necessary to settle the dispute.
(2)  As a procedure to settle a dispute, the Minister may establish a Public Emergency Tribunal consisting of one or more persons and if more than one person is appointed, designating one person as chair.
(3)  The members of a Public Emergency Tribunal and any other person appointed as a procedure or part of a procedure under subsection (1) have the powers of a commissioner under the Public Inquiries Act.
RSA 1980 cB‑14 s5
Inquiry by Public Emergency Tribunal
6(1)  A Public Emergency Tribunal established by the Minister shall inquire into the dispute and endeavour to bring the parties to an agreement.
(2)  If the dispute has not been settled by agreement, the Public Emergency Tribunal shall after making full inquiry
                                 (a)    make an award that shall deal with each matter in dispute, and
                                 (b)    forthwith send a copy of the award to all parties to the dispute and to the Minister.
(3)  The award of a Public Emergency Tribunal is binding on
                                 (a)    the employer,
                                 (b)    the trade union, and
                                 (c)    every employee affected.
(4)  If an award of a Public Emergency Tribunal is not complied with, the Minister may file a copy of the award with the clerk of the Court of Queen’s Bench at the judicial centre closest to the place where the difference arose, and on being filed the award is enforceable as a judgment or order of the Court.
RSA 2000 cB‑8 s6;2009 c53 s29
Regulations Act inapplicable
7   The Regulations Act does not apply to an order made under section 3 or a procedure established under section 5.
RSA 1980 cB‑14 s7
Prohibition to prevent work or services
8   No employer, employers’ organization, employee, trade union or other person shall prevent or interfere with an employer or employee doing work or providing services in accordance with an order under section 3.
RSA 1980 cB‑14 s8
Offences
9   An employer, employers’ organization, employee, trade union or other person who
                                 (a)    contravenes or fails to comply with an order under section 3, or
                                 (b)    contravenes or fails to comply with this Act,
is guilty of an offence and liable to a fine of not more than $10 000.
RSA 1980 cB‑14 s9
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