HUMAN Capital - Winter 2017 - 17

However, for an averaging agreement to
be valid it must:
1. Be in writing;
2. Provide a start date and end date,
totalling a term that does not exceed
2 years;
3. Specify the number of weeks over
which hours will be averaged, which
must not exceed 12 weeks unless
authorized by a permit;
4. Specify the scheduled daily and weekly
hours of work, which must not exceed
12 hours per day, and 44 hours per
week if the agreement specifies a oneweek period, or an average of 44 hours
per week if the agreement specifies a
period of more than one week; and
5. Specify the manner in which overtime
pay and time off with pay instead of
overtime pay will be calculated.
Similar to overtime agreements, an averaging agreement applies to an employee in a
group of employees bound by the agreement whether or not the employee was
employed by the employer at the time
the agreement was entered into. An
employer must provide every employee
to which the agreement applies a copy of
the agreement.
Bill 17 does not automatically cancel current compressed work week arrangements on January 1, 2018. It provides
for a transition period. For employees
that are currently working compressed
work weeks, employers will not have
enter into averaging agreements until
the earlier of (1) January 1, 2019, or (2) the
termination of the compressed work
week arrangement.
Alberta Employment Standards currently has template overtime agreements
published on its website, however has
not yet released a template averaging
agreement.3

Final Word
Overall, the Bill 17 amendments to the
Code generally result in an increase to
minimum working standards for employees, and may have an important economic impact on employers. While many
employers already provide for working
conditions that exceed these minimum
standards, administering the new Bill 17

will likely impose new costs and burdens
on employers. Employers working in a nonunionized environment will need to effect
a number of changes to their existing policies and operations to ensure continued
compliance with the Code. Employers in a
unionized environment, on the other hand,
may see changes to their existing practices
depending on the standards in their collective agreements.
O
Rebecca Silverberg is an associate in the
Employment and Labour practice group in the

Calgary office of Norton Fulbright Canada
LLP. Rebecca maintains a general labour and
employment practice with a focus on issues
such as hiring, employment agreements, policy
development, human rights, workplace investigation, and discipline and dismissal.

References

1. RSA 2000, c E-9 [the "Code"].
2. RSA 2000, c A-25.5.
3. See https://work.alberta.ca/documents/
WRR-ES-Overtime-Agreements.pdf and
https://work.alberta.ca/documents/WRR-ESGroup-Overtime-Agreements.pdf.

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HUMAN CAPITAL | WINTER 2017
| 17
04/10/17
6:04 pm


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Table of Contents for the Digital Edition of HUMAN Capital - Winter 2017

Leadership Matters
Prepare for Policy Revision
What You Need to Know About Bill 17 and Your Benefit Plans
Federally Regulated Employers Be Cautious – Important Change in Law Issued by Supreme Court of Canada
What Evidence is Required?
Policy Corner
Index of Advertisers/ Advertisers.com
HUMAN Capital - Winter 2017 - Intro
HUMAN Capital - Winter 2017 - bellyband1
HUMAN Capital - Winter 2017 - bellyband2
HUMAN Capital - Winter 2017 - cover1
HUMAN Capital - Winter 2017 - cover2
HUMAN Capital - Winter 2017 - 3
HUMAN Capital - Winter 2017 - 4
HUMAN Capital - Winter 2017 - 5
HUMAN Capital - Winter 2017 - Leadership Matters
HUMAN Capital - Winter 2017 - 7
HUMAN Capital - Winter 2017 - 8
HUMAN Capital - Winter 2017 - 9
HUMAN Capital - Winter 2017 - 10
HUMAN Capital - Winter 2017 - 11
HUMAN Capital - Winter 2017 - 12
HUMAN Capital - Winter 2017 - 13
HUMAN Capital - Winter 2017 - Prepare for Policy Revision
HUMAN Capital - Winter 2017 - 15
HUMAN Capital - Winter 2017 - 16
HUMAN Capital - Winter 2017 - 17
HUMAN Capital - Winter 2017 - What You Need to Know About Bill 17 and Your Benefit Plans
HUMAN Capital - Winter 2017 - 19
HUMAN Capital - Winter 2017 - Federally Regulated Employers Be Cautious – Important Change in Law Issued by Supreme Court of Canada
HUMAN Capital - Winter 2017 - 21
HUMAN Capital - Winter 2017 - What Evidence is Required?
HUMAN Capital - Winter 2017 - 23
HUMAN Capital - Winter 2017 - Policy Corner
HUMAN Capital - Winter 2017 - 25
HUMAN Capital - Winter 2017 - Index of Advertisers/ Advertisers.com
HUMAN Capital - Winter 2017 - cover3
HUMAN Capital - Winter 2017 - cover4
HUMAN Capital - Winter 2017 - outsert1
HUMAN Capital - Winter 2017 - outsert2
HUMAN Capital - Winter 2017 - 31
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