Employment Rule Changes

Changes to Alberta Employment Standards Due to COVID-19
from McLennan Ross LLP Labour & Employment Team

In recognition of the unusual impact COVID-19 is having upon employers and employees and the need for some of the normal workplace rules and expectations to be relaxed, the Alberta Minister of Labour has just announced this afternoon a Ministerial Order that temporarily alters the provisions of the Employment Standards Code and Employment Standards Regulation:

  • A new unpaid leave of absence has been created for employees who need time off from work because of childcare responsibilities. Employers are entitled to make certain inquiries in dealing with requests for this new family leave. Employees are protected from termination and layoff while on this leave, though there is normally an exception in cases where an employer suspends or discontinues part or all of its operations.
  • Employers can now temporarily layoff employees for up to 120 days before termination is deemed to occur (and termination or group termination pay is required). The temporary layoff period was previously 60 days of layoff within any 120-day period. This is also a sensible change since employers are seeing the restrictions on their ability to operate extending to what may easily be more than 60 days (and now hopefully less than 120 days).
  • The group termination provisions do not apply. These provisions required enhanced termination notice to affected employees, any unions, and the Minister of Labour when 50 or more employees are terminated from a single location within a 4-week period, as follows:
    • 50 – 99 employees: 8 weeks
    • 100 – 299 employees: 12 weeks
    • 300+ employees: 16 weeks

These provisions, which became effective January 1, 2018, were punitive to employers facing a need for significant downsizing. When such large reductions in a workforce are required, employers are rarely able to provide such advance notice, and the financial cost is excessive at a time when employers can least afford it. These impractical consequences are particularly apparent in the face of COVID-19, and we have had many employers telling us that having to provide group termination in the current circumstances would be financially ruinous to them.

  • The 24-hour written notice requirement for changes to schedules does not apply. Employers have had to respond to many scheduling challenges in the face of COVID-19 for various reasons, such as:
    • staggering workforces for the purposes of physical distancing;
    • responding to fluctuations in work demands; and
    • responding to workforce fluctuations as employees are unable to attend work on short notice.
  • The 2-week written notice for temporary changes to averaging agreements will not apply. These provisions have been very cumbersome and inflexible for general scheduling, and those problems have been exacerbated by COVID-19.
  • Provisions on variances have been revised to make them easier to obtain. Variances are permits that allow relaxation of certain employment standards for individual workplaces. They are used where a need can be demonstrated in a given workplace. COVID-19 has resulted in many unique situations that require adjustments to the normal standards that would apply, and making it easier to obtain variances is part of an effort to remove red tape so that employers can respond to the current crisis in a timely way.

The changes are effective as follows:

  • The new family leave and the extension of the period for temporary layoffs are effective March 16, 2020; and
  • The other changes are effective as of the date of the Ministerial Order.

Although most of these changes would be sensible on a permanent basis, for now they will only last for as long as the COVID-19 crisis continues. The changes are a welcome relief to employers and very much needed. They will also be welcomed by employees struggling with child care needs.


Employment rules changes

The Government will be implementing paid, job-protected leave. Details of how these changes will take effect will be provided in the coming days.

Changes to the Employment Standards Code will allow employees to take 14 days of paid, job-protected leave if they are:

  • required to self-isolate
  • sick or caring for a loved one with COVID-19

To be eligible, employees:

  • will not be required to have a medical note
  • do not need to have worked for an employer for 90 days

This leave covers the self-isolation period recommended by Alberta’s chief medical officer. They recognize this could put pressure on employers and are working towards a solution to address these challenges.

How to Manage in the Workplace

How to manage in the workplace

COVID-19 Member Updates

COVID-19 Special Member Briefing

This special bulletin is intended to assist members in dealing with issues related to COVID-19.  As you may know the World Health Organization (WHO) has declared this a pandemic emergency.  Given that our industry is gearing up towards the start of the season and welcoming back many employees, it is crucial to be well informed.  COVID-19 protocols are rapidly changing, and we will endeavour to keep you informed as things change.

In the spirit of every challenge being an opportunity, the restrictions on international travel are like attitudes post 9/11.  In the year following that event there was a strong trend to staycation and people invested heavily in their outdoor living spaces instead of travel.  What a great time to garden or enjoy your backyard.

 

How to manage in the workplace

Employment rules changes

The Government of Alberta will be implementing paid, job-protected leave. Details of how these changes will take effect will be provided in the coming days.

Changes to the Employment Standards Code will allow employees to take 14 days of paid, job-protected leave if they are:

  • required to self-isolate
  • sick or caring for a loved one with COVID-19

To be eligible, employees:

  • will not be required to have a medical note
  • do not need to have worked for an employer for 90 days

This leave covers the self-isolation period recommended by Alberta’s chief medical officer. They recognize this could put pressure on employers and are working towards a solution to address these challenges.

 

Best Practices for Cleaning and Prevention

General Cleaning

  • Increase daily cleaning and disinfection of common areas and surfaces. Pay particular attention to door knobs, light switches, staff rooms, desktops, washrooms and other high touch surfaces.
  • Cleaning refers to the removal of visible dirt, grime and impurities. Cleaning does not kill germs but helps remove them from the surface.
  • Disinfecting refers to using chemical to kill germs on surfaces. This is most effective after surfaces are cleaned. Both steps are important to reduce the spread of infection.
  • Use a disinfectant that has a Drug Identification Number (DIN) and a virucidal claim. Be sure to follow the instructions on the label to disinfect effectively. Alternatively, you can prepare a bleach water solution with 100 ml of unscented household bleach per 900 ml of water.
  • Be sure to use / take the appropriate precautions when using chemicals for cleaning and disinfecting. Consult the product Safety Data Sheets.

Prevention

  • Wash your hands often and well (at least 20 seconds)
  • Avoid touching your face, nose, or mouth with unwashed hands
  • Avoid close contact with people who are sick
  • Clean and disinfect surfaces that are frequently touched
  • Stay at home and away from others if you are feeling ill
  • When sick, cover your cough and sneezes and then wash your hands (sneeze or cough into your elbow or a tissue)

 

Links to Health Resources

 

Regional Resources

 

The Green Industry Show & Conference is planned for November 19-20, 2020 in Edmonton. We are planning for the show to take place as scheduled, and hopeful the threat will have passed by then. However, we will continue to monitor the situation and take all prudent precautions to ensure a safe and successful show for exhibitors, presenters and guests.

We value your membership and greatly appreciate your support. We are all in this together.

Warm regards,

Landscape Alberta

UPDATES March 18, 2020

Economic Response Package from Canadian Government for COVID-19

March 18, 2020 – The Government of Canada has announced details on the $82 billion aid package for Canadians and Businesses. This includes the information below that details how and when assistance will be arriving. We encourage all employers to share the resources below with employees. Each company will have to best decide how to achieve a contingency plan with help from these aid programs. Combined support for both employers and employees offers the best option to maintain health concerns with being able to have a business to return to. 

There is a potential as the pandemic progresses that all non-essential businesses will be forced to close.  Please ensure you are taking that possibility in to consideration when planning for the next weeks and months. 

Support for Businesses

Support for Individuals

The full details on the Government of Canada Economic Response Package can be found at the link below.  Please visit there directly for more details.  https://www.canada.ca/en/department-finance/news/2020/03/canadas-covid-19-economic-response-plan-support-for-canadians-and-businesses.html

New Resource Links for Alberta
OHS: Respiratory viruses and the workplace
WCB: COVID-19 worker fact sheet
WCB: COVID-19 employer fact sheet

Updates March 19, 2020

Support for Albertans

  • Emergency Isolation Support – a one-time payment via online application that will help bridge the gap until Federal funds are available in early April.
  • Utility payment holiday – Defer payment on electricity and natural gas bills regardless of provider for up to 90 days.
  • Student Loan Repayment – The Alberta Student repayments will be paused for 6 months beginning March 30, 2020.  No interest will accrue during this period.
  • ATB Financial customers – Will be able to defer loan, line of credit and mortgage payments by up to 6 months.

Full details here – https://www.alberta.ca/covid-19-supports-for-albertans.aspx

COVID-19 supports for Albertans | Alberta.ca
The Alberta government will provide immediate financial relief to Alberta’s families and vulnerable populations. Albertans should be focused on their health and not worry about whether they can pay their bills so the government has put a number of options in place for those struggling financially … www.alberta.ca

Work Sharing
This Federal program allows for employees to remain working during times where there is a reduction in normal levels of business activity.  Employees wages are supplemented by EI payments.  This has been expanded to 76 weeks due to COVID-19 related issues.  Please note this does not apply to seasonal staff and must be by mutual agreement between employer and employees.

Full details here – https://www.canada.ca/en/employment-social-development/services/work-sharing.html

Q&A Document of ROEs and Payroll
The Canadian Payroll Association has made this resource available through ESDC.  It is a great resource to ensure through this crisis you as the employer are ensuring prompt access to EI for your employees as well as providing several options for alternative pay structures supplemented by EI.  Check it out HERE to ensure you are up to speed on the technical details around payroll and COVID-19.

Healing Garden Project in Humboldt

Humboldt Urban Garden Sanctuary Breaks Ground!  Read more HERE!

VOLUNTEER SIGN UP

Landscape Alberta & Landscape Saskatchewan have partnered with the City of Humboldt, the Humboldt Hospital Foundation, Communities in Bloom and Scotts Canada to build a “Healing Garden” at the Humboldt Regional Hospital. This garden will not only serve as a place of relaxation and tranquility for those receiving treatment and care at the hospital, but as a memorial for lives lost in the Humboldt Bronco’s tragedy.

Construction of the Healing Garden project is planned to begin Spring 2021. We currently working on the project coordination and timeline for the different construction phases and events.

The design for the project has been finalized, thanks to Palazzo Design, and we are now looking to secure product, labour, equipment and cash donations to complete the project. Below is a list of all products, as well as labour and equipment needs that we are still looking for. Companies who donate will also receive recognition in the garden.

Loam: 575-1150 cu. yds
Crush: 50 cu. yds
Sand: 10 cu yds
River rock: 110 cu yds
Landscape fabric: 12,000 sq ft
Boulders: 13-20
Brick edging: 575 ft
Garbage cans: 10
Concrete commercial bench: 10
Shed (8×10): 1
Gazebo/pergola: 2
Concrete pathway: 4000 sq ft (supply and install)

Also looking for volunteers/equipment to help with all phases of the installation:
Rough and final grade
Concrete supplier/installer
Hardscape installation – walls, patios
Softscape – sod, plantings, trees
Pergola construction


If you are able to help with this amazing project in any way possible, please let me know. Cash donations will be accepted online. 
At this time, we have no concrete construction days, only a general timeline, hoping to begin mid to late May. As we get closer to spring and begin to secure donations, we will be able to adjust our schedule and give a more concrete timeline for the build.

Cash Donations are being accepted through the Green Cities Foundation at: https://interland3.donorperfect.net/weblink/weblink.aspx?name=E345855QE&id=3   

We thank you so much for consideration and generosity.  Working together as an industry we can all give a little and make a huge difference. If you have any questions, please do not hesitate to contact me.

Kyla
kyla.hardon@landscape-alberta.com

Landscape Alberta
on behalf of the Humboldt Healing Garden Committee

VOLUNTEER SIGN UP

View the design here.

Complete product take-off list

Thank you to our partners and donors!

Changes to the One Call System

Before You Dig Partners is a collaboration between BC One Call, Alberta One-Call and Click Before You Dig MB. Over the last several years, Western Canada’s One-Call centres have experienced a continual shift towards online locate requests. Today over 85% of locate requests in Western Canada originate online. This gives one-call centres the opportunity to streamline operations, greatly increasing efficiency and reducing damages. BC One Call, Alberta One-Call, and Click Before You Dig MB have aligned business rules and adopted a single software solution for all 3 provinces and are now working together to deliver a “One System / One Approach” for all of our safety partners.

 

The new system launched on January 31, 2019. The software simplifies the process to request a locate and notifies facility owners automatically – eliminating processing delays from the one-call centre. Some of the significant changes impacting users are:

  • Intuitive web-entry. A new, easy-to-use interface that makes entering a locate request simple.
  • Web-based maps means entering your location is as easy to use as Google maps. Search by the location information in a way that makes sense to you and let the system do the work of finding it.
  • Standard 3 business days’ notice for locate requests.
  •  You map the dig site. You control the shape, size and location of your mapped dig area so locators get their information directly from the source. The list of companies being notified on your request will be available as soon as you finish drawing your dig site. No delays.
  • Auto-processed tickets and responses – reduced wait-times for responses, a single source for requesting locates and getting responses back.
  • Mobile-friendly platform means there is no need to download a separate App for your phone or tablet.
  • Project tickets. Link tickets related to one project together for easier tracking.
  • Self-service Help Centre for information at your fingertips 24/7.
  •  Renew or cancel your existing ticket online. No delays.
  • More online use means reduced phone times when you need to speak to an agent. 

More information about Before You Dig Partners and the new system can be found at www.BeforeYouDigPartners.com

The Threat of Emerald Ash Borer to Alberta

Emerald Ash Borer (EAB) is a recognized threat to the ash trees found in Alberta municipalities, rural properties, shelterbelts and provincial parks valued at $2 billion.  In 2017, EAB were found for the first time in Winnipeg, Manitoba.

Alberta needs to be prepared!!  For now, AB municipalities can use the Manitoba Emerald Ash Borer Response Plan as a guideline to prevent, detect and potentially manage EAB.

 

The Province of Manitoba was proactive and developed the Manitoba Emerald Ash Borer Response Plan in April, 2017. EAB is been listed as a declared pest under their Forest Health Protection Act.

 

The response plan can be found at:
https://www.gov.mb.ca/sd/forestry/health/pdf/manitoba_eab_preparedness_plan.pdf

 

Winnipeg’s Public Service Recommendations
Standing Policy Committee on Protection, Community Services and Parks –
February 5, 2018

The recommended EAB management approach is referred to as “Slow Ash Mortality”, or SLAM, approach which is being applied in most Canadian cities dealing with EAB. The SLAM approach includes injecting a percentage of eligible trees with a botanical pesticide registered for use in Canada, the remaining trees are removed as they die, and these trees are subsequently replaced. Generally, trees eligible for injections are those that are greater than 20 cm in trunk diameter, in good condition, and of high value. Treatment occurs on a two-year cycle, hence, half of the trees are treated each year over the 10-year period.

The objective of the SLAM approach is to limit the spread of the EAB population, spread out the mortality of ash trees over time to allow more proactive management of the overwhelming number of removals and replacements required with an EAB infestation, and preserve our healthy ash trees for as long as possible. Considering the significant population of ash trees and the limitations for tree diversity in Winnipeg, the SLAM approach is recommended for the City of Winnipeg.

 

The complete document can be found at: https://www.bing.com/search?q=Agenda+%E2%80%93+Standing+Policy+Committee+on+Protection,+Community+Services+and+Parks+%E2%80%93February+5,+2018&src=IE-SearchBox&FORM=IESR3A&pc=EUPP_

LMN Workshops – Offers for Landscape Alberta Members

Find profit in your landscape business in 2019 with LMN.

LMN can help you identify sales goals, a hiring plan, and pricing system.

LMN Workshops – Offers for Landscape Alberta Members

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If you are serious about increasing profit in your landscape business, then this educational workshop is designed just for you. You and your team will leave with proven systems to increase sales, grow profits, motivate staff, and improve customer service.

Educational Workshops are happening right now across North America – find a city near you (below), and start taking advantage of your FREE LMN software today!

BONUS Member Offer!

As a member of LANTA you will receive $20 off of regular price tickets.
Regular Price $99 – NOW $79. Use the coupon code when checking out.

Find a Workshop – https://golmn.com/LANTA

Workshop Coupon Code: LANTA2019WS

March 18 in Regina – Register!

March 20 in Edmonton  – Register

March 22 in Calgary – Register!

Western Canadian Snow & Ice Management Summit

On Friday, September 14, plan to attend the first annual Western Canadian Snow & Ice Management Summit at the Deerfoot Inn & Casino in Calgary. Join industry-leading professionals for a day of educational events, networking, and a trade show. Tickets are $49.95 + GST and include lunch. For full event details, speaker bios, and the registration from, please download the Snow Summit PDF. Send the completed registration form to kmcdonough@spectrumequipment.ca.

Friday, September 14, 2018
7:30 am – 5:00 pm
Deerfoot Inn & Casino
1000, 11500 35 Street SE
Calgary, AB T2E 8J4

Emerald Ash Borer Requested as a Named Pest

Landscape Alberta has recently submitted the official request package to the Minister of Agriculture to have EAB classified as a Named Pest under the Agricultural Pest Act. View the full submission request and report. This is seen as an important step to controlling and with hope preventing the spread of EAB to Alberta. Members looking to show their support for this request are encouraged to speak to their local MLA. Find your local MLA.

Alberta Occupational Health & Safety Changes

As of June 1, 2018’s new Occupational Health and Safety (OHS) laws have come into effect. Public consultation informed changes to the act and influenced drafting updates to the OHS regulation and code to include harassment and violence, however, the new regulations are a surprise to many employers across Alberta.

The major changes can be summarized into five major categories: worksite health and safety committees and representatives, harassment and violence, WHMIS, obligations of worksite parties (worksite parties refers to different categories of workers/supervisors that may be present at a worksite), and reporting work incidents.

Jump to:
Worksite health and safety committees and representatives
Establishing a committee or HS representative
Training for HSCS and HS representatives
Workplace harassment and violence
WHMIS
Obligations of worksite parties
Reporting incidents

1. Worksite health and safety committees and representatives

Joint work site health and safety committees (HSC) are a group of worker and employer representatives working together to identify and solve health and safety concerns at the work site. Health and safety representatives (HS representatives) also promote awareness and interest in health and safety, and take on many roles of the HSC. HSCs and HS representatives contribute to the basic rights all workers have in protecting their health and safety.

When 20 or more workers are at a work site and when work is expected to last 90 days or more, the employer is required to establish an HSC. On work sites where there are from 5 to 19 workers employed for more than 90 days, the employer shall ensure that there is a designated HS representative. If no program is required, the employer must involve workers in hazard assessment and control.

Employers must:

  • provide adequate resources, time, and training to help committees and representatives function effectively
  • hold meetings and carry out duties and functions during normal working hours
  • post the names and contact information of committees members and representatives in a place all workers can see

Find more information and information to help you determine if you need to establish a committee or representative.

Establishing a Committee or HS Representative

The HS representative is to be chosen by the workers, unless prescribed by a union agreement. The employer must meet regularly with the HS representative to discuss health and safety matters, and must also work with the HS representative to determine how often meetings should occur and how to record meetings (there are no minimum requirements in the act).

The employer is responsible for establishing a committee. If a work site has multiple employers or self-employed people, the prime contractor is responsible for establishing the HSC. If there is no prime contractor, all employers and self-employed people must work together to establish a HSC for the work site.

Each HSC must have at least 4 members, and at least half of the HSC must consist of workers. Each HSC must also have 2 co-chairpersons. Worker representatives and co-chairs are selected by the workers for a term of not less than a year. Employer representatives and co-chairs are assigned by the employer.

Find full details on HSCs.

Training for HSCs and HS Representatives

Training for HSCs and HS representatives

The employer or prime contractor must provide work site HSC members and HS representatives with training about their duties and functions of their role; this training is required in order for committees and representatives to be established. Committee members and representatives must be allowed 16 hours, or the hours they would normally work during two shifts, to attend work site health training programs, seminars, or courses of instruction.

The Canadian Centre for Occupational Health and Safety has developed a free introductory course to help committee members and representatives learn about their roles.

Comprehensive training for committee members and representatives will be available through approved organizations with a list of providers and more information coming soon.

2. Workplace Violence and Harassment

Employers and supervisors must ensure workers are not subject to or participate in workplace harassment or violence. The new rules require employers to:

  • investigate incidents of violence and harassment and take corrective action
  • develop separate violence and harassment prevention plans
  • review plans at least once every three years
  • ensure workers receive training on preventing and responding to violence and harassment
  • have an appeal process for workers disciplined for bringing harassment and violence issues forward
  • advise workers of treatment options if harmed by violence or harassment; workers are entitled to wages and benefits while attending treatment programs.

Read more on workplace violence and harassment.

3. WHMIS

Federal WHMIS legislation was changed in 2015, but WHMIS legislation is both federal and provincial. The changes made to the provincial OHS code now align Alberta with the federal requirements for WHMIS 2015.

View the Alberta 2015 WHMIS changes.

4. Obligations of Worksite Parties


The new OHS laws update and clarify the roles and responsibilities of different groups of people that may be present on a work site. Each party has a specified role in how that party is responsible for OHS. Some parties specified include: supervisors, workers, contractors and prime contractors, owners of worksites, suppliers, and others.

Find a full list of the roles.

5. Reporting Incidents

The government must be notified when a serious injury, incident, or fatality occurs on a worksite to ensure an adequate investigation is conducted. The prime contractor is responsible for notifying the government by calling the OHS Contact Centre at 1-866-415-8690. If there is no prime contractor, the employer of the worksite is to report the incident/injury.

The types of incidents that must be reported include a serious injury or incident, an incident at a mine or mine site, a potentially serious incident (PSI), incidents that result in the death of a worker or a worker being admitted to a hospital, incidents involving unplanned explosion, fire or flood that causes or could cause serious injury, the collapse of a crane or hoist, and the collapse or failure of any component of a building or structure needed for structural integrity.

Find more details on reporting workplace incidents.