Alberta Counsel Newsletter Issue 102 2020
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THE ISSUE Alberta’s Premier Review of 102 NEWS Politics and Government Vitality MARCH/2020 from BLOCKADES, TEACHER BARGAINING AND But it was one item in particular that stirred that familiar scent of controversy that seems to follow this government around. One of the tabled amendments included in the bill includes the Public Education Collective Bargaining Act which regulates PHYSICIAN COMPENSATION – MLAS HIT THE the process that Alberta’s primary education system must adhere to when negotiating new agreements. There are two GROUND RUNNING organizations that engage in bargaining: the Alberta Teachers’ Association (ATA) and the Teachers’ Employers Bargaining Association (TEBA). Of importance is understanding that TEBA is comprised of school board officials and government Aaron Singleton appointees who form the voting majority. As it stands, the bargaining process starts with both parties at the negotiating table with final say being voted on by a collective of school board representatives. Alberta’s politicians emerged from the caliginous depths of our prairie winter and returned to the Legislature primed to The change proposed would eliminate the final vote by school board representatives and hand the final word to TEBA. As Senior Editor: Pascal Ryffel tackle what the UCP House Leader, Jason Nixon, called an “ambitious agenda”. One would be hard-pressed to call the last well, the government would change the ministry of oversight from Education to Treasury Board and Finance. It’s not Publisher: Alberta Counsel adjournment a break as the government managed to keep sufficiently busy during their time away from the Assembly. The surprising to discover that there are red flags being raised from various backgrounds, crying foul over the change in power Alberta Union of Provincial Employees (AUPE) had been awarded a 1% retroactive salary increase, the report on Alberta balance. Legislating the right of final decision to one of the bargaining parties creates an imbalance of power at the Health Services (AHS) was released by Ernst & Young, and the UCP had both victories and loses in the energy sector as Teck ALBERTA COUNSEL negotiating table. Hypothetically, there would be nothing preventing TEBA from tabling and offer, refusing to amend their withdrew its oil sands mine application shortly before the Alberta Court of Appeal ruled the federal carbon pricing initiative Legal and Lobby Professionals position then subsequently imposing it regardless of opposition. The optics of the proposal could give an impression of an to be unconstitutional. Management Consultants avoidance of good-faith bargaining, especially when one considers that government representatives form a majority of the Trade-mark Agents Jason Kenney’s team commenced its second session as government at full speed as it works to handle its many matters of employer’s bargaining unit. With the current deal including the ATA and TEBA expiring on August 31, expect the teachers’ exigency. The UCP has tabled six new bills which include an omnibus and private member’s bill. Some of the subject matter association to ramp up their pressure on government while also growing louder in the public forum. LEDGEVIEW BUILDING includes amendments to liquor laws, fixed budget periods and the establishment of a new Strategic Aviation Advisory Question period has returned with the usual flair for the dramatic that has become a staple of this Legislature. The 800, 9707-110 Street NW Council. Her Majesty’s Official Opposition even tabled a private members bill which proposes to amend the Conflicts of discussion surrounding physician compensation has been raised by both sides of the house while doctors continue to apply Edmonton AB T5K 2L9 Interest Act. Although this government has been busy, they have yet to reach February 18, 2004 levels during the Klein era pressure to the government through the media. The NDP has gladly taken every opportunity availed to them to share stories P: 780-652-1311 when six bills were tabled in the span of ten minutes. F: 780-652-1312 given by their constituents, many who happen to be doctors impacted by the budget. Leading the charge on this line of E: [email protected] The first of the government-tabled bills, titled the Critical Infrastructure Defence Act, was written in response to ongoing questioning is NDP Health Critic, David Shepherd. He has been heard reading e-mails and letters from constituents and www.AlbertaCounsel.com protests and blockades that are being erected in support of the Wet’suwet’en Hereditary Chiefs’ dispute with the federal medical professionals who have been sharing their experiences that include dealing with the dilemma of potentially closing government and the Coastal GasLink pipeline. The most frequent blockades have targeted railways used to ship crude oil their practices because of the changes implemented on the Alberta Medical Association. and other natural gas products across the country. The blockades had started off as obstacles that were designed to Surprisingly, the government side has asked The News from Alberta Counsel is prevent the continued movement of locomotives. In recent weeks, the tactics used by new blockades have resorted to questions of the Health Minister that stretch Alberta’s premier review of much more dangerous tactics. Protesters have set fires on rail lines and used other means which have resulted in a call for beyond the typical governing clarification style of police intervention lest a derailment result. provincial politics and government inquiries traditionally employed. Addressing vitality. As an original source of Bill 1 of the second session is designed to deter would-be protesters from interfering with railways through the creation of Minister Shandro, MLA Nate Horner said “…some political news and commentary, The new offences and much more serious consequences for those caught. Penalties for offences range from up to a $10,000 doctors have suggested to myself, AHS, and the News will provide a fresh look at fine for first time offenders to $25,000 and jail time media that they are planning to no longer work in legislation, policy, committee for recidivists. At the time of tabling, critical the ER and rescind certain hospital privileges.” debates, the civil service, along with infrastructure has been defined as pipelines, Shandro responded by saying that his department party updates and events. refineries, telecommunication infrastructure, utility It says that it’s meant to aim at continues to monitor physician levels across the infrastructure, highways, railways and mines. “critical infrastructure, but then province and will bring in temporary doctors in the There are two clauses included in the proposed event of shortages. This was followed shortly by a Alberta Counsel legislation that have raised concerns among it gives this just incredible return to the status quo line of questioning. We work with organizations to opposition members. Section (xvi) adds to the power to designate anything. From what we learned of this government during the last session of the Legislature, there is not really anything that has navigate their way through the definition of critical infrastructure, reading “a been raised to date that would constitute a surprise to anyone. The UCP has continually preached their unyielding desire to confusing network that is building, structure, device, or other thing prescribed Kathleen Ganley, ” bring the province into fiscal balance while reducing red tape that stands in the way of Albertans in their daily personal and Former Justice Minister associated with government. We by the regulations”. Section 5 states “the Lieutenant business lives. If you are ever unsure of what direction the government intends to take on any given matter, you should be help our clients connect with those Governor in Council may make regulations able to safely refer to the MacKinnon Report to make an inferred deduction. It would not be surprising to see the who are important in shaping public prescribing buildings, structures, devices, or other government introduce more legislation than we witnessed during the fall session. things as being essential infrastructure”. policy and ensure your messaging is effectively communicated to Opposition worry stems from the openly vague language used in these two sections. Former Justice Minister, Kathleen decision makers. Ganley, argued in question period that “It says that it’s meant to aim at critical infrastructure, but then it gives this just incredible power to designate anything”. Essentially, the issue is that the ability to designate anything the government deems to be critical infrastructure could be used to potentially limit the movement of the public across the province or inhibit their ability to participate in peaceful and legal protests. To subscribe to The News from Alberta Counsel, please visit As mentioned earlier, the first omnibus bill of this session has been tabled in the Legislature by Treasury Board and Finance www.albertacounsel.com/news Minister, Travis Toews. These types of bills are assembled to pass multiple pieces of legislation that fall under a common theme to avoid tabling multiple items to avoid clogged debate in question period. The Fiscal Measures and Taxation Act is an omnibus bill that aims to implement a number of different initiatives described in the budget including the new K-12 funding model, the post-secondary performance funding model, banning life insurance side accounts and implementing the 4% tourism levy on short-term rentals. Article continues on page 2 THE Alberta’s Premier Review of NEWS Politics and Government Vitality from BLOCKADES, TEACHER BARGAINING AND But it was one item in particular that stirred that familiar scent of controversy that seems to follow this government around. One of the tabled amendments included in the bill includes the Public Education Collective Bargaining Act which regulates PHYSICIAN COMPENSATION – MLAS HIT THE the process that Alberta’s primary education system must adhere to when negotiating new agreements. There are two GROUND RUNNING organizations that engage in bargaining: the Alberta Teachers’ Association (ATA) and the Teachers’ Employers Bargaining Association (TEBA).