The Public Sector Employers Amendment Act

On November 1, 2023, Alberta's Bill 5 (the Public Sectors Employers Amendment Act) passed its first reading and on November 21, 2023, there was a motion to adjourn the second reading. Bill 5, in its current form, will have a significant change for employers who are currently subject to the Reform of Agencies, Boards and Commissions Compensation Act (“RABCCA”). If passed, Bill 5 will repeal RABCCA, including regulations and orders pursuant to RABCCA, and replaces it with amendments to an existing act, the Public Sector Employers Act (“PSEA”).

The amendments will allow employers more flexibility with regards to compensation for non-union employees and board members, but it will depend on how the Minister exercises broad and discretionary powers.

Who Does Bill 5 Apply To?

The amendments will apply to the following entities and their subsidiaries: public post-secondary institutions, school boards as defined in the Education Act and Northland School Division Act, a Francophone regional authority as defined in the Education Act, a society or company that operates a charter school as defined in the Education Act, a regional health authority, a public agency as defined in the Alberta Public Agencies Governance Act, and entities that receive funding from the Crown to provide a public service as prescribed by the regulations.

The amendments will not apply to municipalities.

For a list of Public Agencies, as defined by the Alberta Public Agencies Governance Act, please see the end of this article.

Expanded Ministerial Powers: Under Bill 5, the Minister will have expanded powers to issue directives regarding compensation policies. If passed, the Minister will be able to issue mandatory directives and policies around compensation for non-union employees and for board members. This will replace the prior scheme under RABCCA, where compensation was dictated by regulations and ministerial orders.

Compensation Plans: If passed, Bill 5 will allow the Minister the discretion to compel employers to issue compensation plans for non-union employees. The plans will be subject to an approval process where the Minister can deny a plan and issue directives for amendments to a plan.

Creation of Employer Committees: Bill 5 proposes to give the Minister the ability to establish Employer Committees. Their mandates will relate to coordinating bargaining and compensation within groups of employers. The Minister has the authority to designate structural elements of employer committees (e.g., identify a government representative on a committee). Further, the Minister will also have the authority to issue mandatory directives to an Employer Committee.

Creation of Employer Associations: Bill 5 proposes to give the Minister the ability to establish Employer Associations. Employer Associations will have a broader mandate than Employer Committees, as they will also be involved in coordinating human resources practices, non-union compensation, and other matters regarding labour relations and human resources. Similar to Employer Committees, the Minister will have the ability to designate structural elements of Employer associations and can issue mandatory directives to them.

As noted above, Bill 5 will create a new regulatory framework. At this time, it is uncertain how those regulations will function. It is anticipated that as the new elements of the PSEA provisions are brought into operation, regulations will ensure that the status quo under RABCCA will remain in place during the transitionary period.

If you have any questions or concerns about how the amendments may impact compensation, please reach out to our Labour & Employment group.

Public Agencies, as defined by the Alberta Public Agencies Governance Act, include:

The Advanced Education Ministry

  • Alberta Association of Architects - Council
  • Alberta Association of Architects - Practice Review Board
  • Alberta Association of Landscape Architects – Board of Directors
  • Alberta Board of Skilled Trades
  • Alberta Human Ecology and Home Economics Association – Board of Directors
  • Alberta Institute of Agrologists – Complaint Review and Hearing Tribunals
  • Alberta Institute of Agrologists – Council
  • Alberta Land Surveyors’ Association – Council
  • Alberta Land Surveyors’ Association – Practice Review Board
  • Alberta Professional Planners Institute – Council
  • Alberta Shorthand Reporters’ Association - Council
  • Alberta Society of Professional Biologists – Board of Directors
  • Alberta University of the Arts Board of Governors
  • Alberta Veterinary Medical Association – Council
  • Alberta Veterinary Medical Association – Hearing Tribunal and Complaint Review Committee
  • Alberta Veterinary Medical Association – Practice Review Board
  • Association of Alberta Forest Management Professionals - Council
  • Association of Alberta Forest Management – Joint Complaint Review Committee & Hearing Tribunal
  • Association of Professional Engineers and Geoscientists of Alberta – Appeal Board
  • Association of Professional Engineers and Geoscientists of Alberta – Board of Examiners
  • Association of Professional Engineers and Geoscientists of Alberta – Council
  • Association of Professional Engineers and Geoscientists of Alberta – Discipline Committee
  • Association of Science and Engineering Technology Professionals of Alberta – Council
  • Association of the Chemical Profession of Alberta – Board of Directors
  • Athabasca University Board of Governors
  • Banff Centre Board of Governors
  • Bow Valley College Board of Governors
  • Campus Alberta Quality Council
  • Canadian Information Processing Society of Alberta – Board of Directors
  • Chartered Professional Accountants of Alberta – Discipline and Appeal Tribunals Roster of Public Members
  • Chartered Professional Accountants of Alberta – Board of Directors
  • Electrical Contractors Association of Alberta – Board of Directors
  • Grant MacEwan University Board of Governors
  • Institute of Certified Management Consultants of Alberta – Board of Directors
  • Keyano College Board of Governors
  • Lakeland College Board of Governors
  • Land Agent Advisory Committee
  • Lethbridge College Board of Governors
  • Medicine Hat College Board of Governors
  • Minister’s Advisory Council on Higher Education and Skills
  • Mount Royal University Board of Governors
  • NorQuest College Board of Governors
  • Northern Alberta Institute of Technology Board of Governors
  • Northern Lakes College Board of Governors
  • Northwestern Polytechnic Board of Governors
  • Old College Board of Governors
  • Portage College Board of Governors
  • Premier’s Council on Skills
  • Red Deer Polytechnic Board of Governors
  • Southern Alberta Institute of Technology Board of Governors
  • Supply Chain Management Association Alberta – Board of Directors
  • University of Alberta Board of Governors
  • University of Alberta Senate
  • University of Calgary Board of Governors
  • University of Calgary Senate
  • University of Lethbridge Board of Governors

The Affordability and Utilities Ministry

  • Alberta Electric System Operator
  • Alberta Utilities Commission
  • Balancing Pool
  • Market Surveillance Administrator
  • Power and Natural Gas Consumers’ Panel

The Agriculture and Irrigation Ministry

  • Agriculture Financial Services Corporation
  • Alberta Agriculture Products Marketing Council
  • Drainage Council
  • Farm Implement Board
  • Irrigation Council
  • Marketing of Agricultural Products Act Appeal Tribunal

The Ministry of Arts, Culture, and Status of Women

  • Alberta Foundation for the Arts
  • Alberta Advisory Council on the Francophonie

The Ministry of Children and Family Services

  • Family Violence Death Review Committee

The Ministry of Education

  • Attendance Board
  • Board of Reference Roster
  • Certification Appeal Committee
  • Minister’s Youth Council
  • Professional Conduct and Competency General Panel

The Ministry of Energy and Minerals

  • Alberta Energy Regulator – Board of Directors
  • Alberta Energy Regulator – Hearing Commission
  • Alberta Petroleum Marketing Commission

The Environment and Protected Areas Ministry

  • Alberta Conservation Association
  • Alberta Recycling Management Authority
  • Beverage Container Management Board
  • Caribou Sub-Regional Council
  • Climate Change and Emissions Management Corporation (operating as Emissions Reduction Alberta)
  • Endangered Species Conservation Committee
  • Environmental Appeals Board
  • Indigenous Wisdom Advisory Panel
  • Mackenzie River Basin Board
  • Natural Resources Conservation Board
  • Prairie Provinces Water Board
  • Ronald Lake Bison Herd Cooperative Management Board
  • Science Advisory Panel

The Ministry of Executive Council

  • Alberta Order of Excellence Council
  • Invest Alberta Corporation

The Ministry of Forestry and Parks

  • Birch Mountains Wildland Provincial Park Cooperative Management Board
  • Dillon River Wildland Provincial Park Cooperative Management Board
  • Forest Resource Improvement Association of Alberta
  • Kazan Wildland Provincial Park Cooperative Management Board
  • Public Lands Appeal Board
  • Richardson Wildland Provincial Park Cooperative Management Board

The Ministry of Health

  • Alberta College and Association of Chiropractors – Council
  • Alberta College and Association of Opticians – Council
  • Alberta College of Combined Laboratory and X-Ray Technologists – Council
  • Alberta College of Medical Diagnostic and Therapeutic Technologists – Council
  • Alberta College of Occupational Therapists – Council
  • Alberta College of Optometrists – Council
  • Alberta College of Paramedics – Council
  • Alberta College of Pharmacy – Council
  • Alberta College of Social Workers – Council
  • Alberta College of Speech-Language Pathologists and Audiologists – Council
  • Alberta Dental Association and College – Council
  • Alberta Health Services
  •  College and Association of Registered Nurses of Alberta – Council
  • College and Association of Respiratory Therapists of Alberta – Council
  • College of Acupuncturists of Alberta – Council
  • College of Alberta Dental Assistants – Council
  • College of Alberta Denturists – Council
  • College of Alberta Psychologists – Council
  • College of Dental Technologists of Alberta – Council
  • College of Dietitians of Alberta – Council
  • College of Hearing Aid Practitioners of Alberta – Council
  • College of Hearing Aid Practitioners of Alberta – Council
  • College of Licensed Practical Nurses of Alberta – Council
  • College of Medical Laboratory Technologists of Alberta – Council
  • College of Midwives of Alberta – Council
  • College of Naturopathic Doctors of Alberta – Council
  • College of Physicians and Surgeons of Alberta – Council
  • College of Podiatric Physicians of Alberta – Council
  • College of Registered Dental Hygienists of Alberta – Council
  • College of Registered Psychiatric Nurses of Alberta – Council
  • Expert Committee on Drug Evaluation and Therapeutics
  • Health Information and Data Governance Committee
  • Health Quality Council of Alberta – Board of Directors
  • Hospital Privileges Appeal Board
  • MSI Foundation Board of Trustees
  • Out-Of-Country Health Services Appeal Panel
  • Physiotherapy Alberta College and Association – Council
  • Provincial Primary Care Network Committee
  • Public Health Appeal Board
  • Tribunal Roster of Public Members under the Health Professions Act

The Ministry of Immigration and Multiculturalism

  • Advisory Council on Alberta-Ukraine Relations
  • Alberta Anti-Racism Advisory Council
  • Premier’s Council on Multiculturalism

The Ministry of Indigenous Relations

  • Alberta Indigenous Opportunities Corporation
  • First Nations Women’s Council on Economic Security
  • Métis Women's Council on Economic Security
  • Premier’s Council on Missing and Murdered Indigenous Women and Girls

The Ministry of Jobs, Economy and Trade

  • Appeals Commission for Alberta Worker’s Compensation
  • Labour Relations Board
  • Northern Alberta Development Council

The Ministry of Justice

  • Alberta Human Rights Commission
  • Alberta Law Foundation
  • Criminal Code Review Board
  • Fatality Review Board
  • Judicial Council
  • Law Society of Alberta
  • Notaries Public Advisory Committee
  • Provincial Court Nominating Committee
  • Rules of Court Committee

The Ministry of Mental Health and Addiction

  • Mental Health Review Panel Roster

The Ministry of Municipal Affairs

  • Alberta Elevating Devices and Amusement Rides Safety Association
  • Calgary Metropolitan Regional Board
  • Edmonton Metropolitan Region Board
  • Land and Property Rights Tribunal
  • Safety Codes Council
  • Special Areas Board

The Ministry of Public Safety and Emergency Services

  • Alberta Parole Board
  • Law Enforcement Review Board
  • Public Security Indigenous Advisory Committee

The Ministry of Public Service Commission

  • Classification Appeal Board
  • Management Job Evaluation Appeal Board

The Ministry of Seniors, Community and Social Services

  • Alberta Social Housing Corporation
  • Citizens’ Appeal Panel
  • Family Support for Children with Disabilities Provincial Parent Advisory Committee
  • Premier’s Council on Charities and Civil Society
  • Premier’s Council on the Status of Persons with Disabilities

The Ministry of Service Alberta and Red Tape Reduction

  • Alberta Funeral Services Regulatory Board
  • Alberta Gaming, Liquor and Cannabis Commission
  • Alberta Motor Vehicle Industry Council
  • Credit Counselling Services of Alberta (operating as Money Mentors)
  • Debtors’ Assistance Board
  • Horse Racing Alberta
  • Horse Racing Appeal Tribunal
  • Real Estate Council of Alberta

The Ministry of Technology and Innovation

  • Alberta Enterprise Corporation – Board of Directors
  • Alberta Innovates

Ministry of Tourism and Sport

  • Travel Alberta

The Ministry of Treasury Board and Finance Ministry

  • Accreditation Committee
  • Alberta Employment Pension Tribunal
  • Alberta Investment Management Corporation
  • Alberta Securities Commission
  • ATB Financial
  • Audit Committee
  • Automobile Insurance Rate Board
  • Credit Union Deposit Guarantee Corporation
  • General Insurance Council
  • Insurance Councils Appeal Board
  • LAAP Corporation
  • Life Insurance Council
  • Management Employees Pension Board
  • PSPP Corporation
  • SFPP Corporation
  • Teachers’ Pension Plans Board of Trustees (operating as Alberta Teachers’ Retirement Fund Board)

The Ministry of Transportation and Economic Corridors

  • Strategic Aviation Advisory Council