In previous communications to you, we indicated that certain provisions of Bill 32 took effect on July 29, 2020 when the Bill received Royal Assent, but that other provisions would take effect upon proclamation.
With respect to Division 7.1 – Project Agreements, which affords the BTA office with the ability to negotiate project agreements with individual employers outside of registration, this Division of Bill 32 is NOT YET IN FORCE AND EFFECT as it has not received proclamation. Our office received confirmation of this from the Government of Alberta yesterday. We understand it will likely be months before Division 7.1 receives proclamation. Our office has received questions about this matter and it appears there is some confusion as to the status of Division 7.1, and we felt it was timely to provide an update and advise of certain risks.
Please be advised that if contractors are approached by the BTA office to negotiate project agreements, any agreements reached would be unlawful, unenforceable and subject to challenges at the Labour Board. Just as employers are not permitted to negotiate individual agreements with Union members, the BTA is not yet permitted to negotiate agreements with individual employers, as CLRA is the certified bargaining agent for all employers affected by our registration collective agreements.
The Government of Alberta has set up a helpful resource page that provides timely updates as to what provisions of Bill 32 have taken effect, and not yet taken effect, as well as fact sheets. You can follow this link to get access to these resources: https://www.alberta.ca/restoring-balance-in-albertas-workplaces.aspx
If you have any questions or concerns, please feel free to contact our office.
Sincerely,
Joe McFadyen
President, CLRA
