Ask the ExpertCategory: QuestionsInter-Provincial Employment Standards
hri_Admin Staff asked 2 years ago

We are a small construction company based in Saskatchewan but we have a contract for some work in Alberta. Whose Employment Standards should we be following? Some of our employees will be from Saskatchewan, but we are also hiring some temporary employees near the work site.  Secondarily, we have a Modified Work Arrangement that allows us to average 160 hours over 4 weeks. Will we have to re-negotiate that with our Alberta employees?
Thank you for your response!

Patti McCullough Staff replied 2 years ago

Thank you for your response. My question was more in regards to the provincial employment standards rather than the WCB requirement. Also do we need to negotiate a new modified work arrangement with the employees from Alberta? We already have one in place for our Saskatchewan employees.

4 Answers
Glenn Demby Staff answered 2 years ago

Great question. I’ve asked our payroll expert, Alan McEwan to take a look and will get back to you as soon as I hear back. Hopefully that will be end of the day.

Glenn Demby Staff answered 2 years ago

Here’s Alan’s response. Apologize for keeping you waiting over the weekend.
The best thing is to contact both of the WCB boards.
Coverage for SK employees would normally be extended to those working temporarily in AB. However, you would have to contact the AB board to get a waiver for these employees.
The employer would have to register for any AB employees hired locally.

Glenn Demby Staff answered 2 years ago

OK. Let me run it by Alan one more time.

Glenn Demby Staff answered 2 years ago

Does this answer your question?
Yes, there must be an averaging agreement that covers all employees who work in Alberta, even those whose work in SK would be covered by an agreement in that province.
The good news is that so long as the employer meets the requirements of the Alberta legislation, employees who work in Alberta are subject to such an averaging agreement on 2 weeks written notice, or if it is part of the terms and conditions of employment on hire. Employee consent is not required.