Analysis of what Bill 6 would look like with government amendments.

Wildrose Official Opposition Caucus

NOTE: Bill 6 has 10 sections:

Sections 1, 3, 4, and 5 amend laws (Employment Standards Code, Labour Relations Code,
and Occupational Health and Safety Act).
Changing these sections in the future requires a law to pass in the legislature.
Sections 2, 6, 7, 8, 9, and 10 amend regulations and can be undone at will by cabinet at
any time without notice or consultation.

Bill 6
ENHANCED PROTECTION FOR FARM AND RANCH WORKERS ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta,
enacts as follows:
Part 1
Employment Standards Code
Amends RSA 2000 cE-9
1
(1) The Employment Standards Code is amended by this section.
(2) Section 2(3) and (4) are repealed.
(3) Section 138(1)(l) is repealed.
2 The Employment Standards Regulation (AR 14/97) is amended by repealing section 1.1.
3 This Part comes into force on Proclamation.

Part 2
Labour Relations Code
Amends RSA 2000 cL-1
4
(1) The Labour Relations Code is amended by this Part.
(2) Section 4(2)(e) is repealed.
(3) This section comes into force on Proclamation.

Part 3
Occupational Health and Safety Act
Amends RSA 2000 cO-2
5
(1) The Occupational Health and Safety Act is amended by this section.
(2) Section 1 is amended
(a) by adding the following after clause (k):
(k) I) family member, in relation to a shareholder. Sole proprietor or partner,
means
(i) the spouse or adult interdependent partner of the shareholder, sole
proprietor or partner, or
(ii) whether by blood, marriage or adoption or by virtue of an adult
interdependent relationship, a child, parent, grandparent, sibling, aunt,
uncle, niece, nephew or first cousin of a shareholder, sole proprietor or
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Analysis of what Bill 6 would look like with government amendments.

Wildrose Official Opposition Caucus

partner or of the shareholder's, sole proprietor's or partner's spouse or

adult interdependent partner, and includes any other person prescribed
by the regulations to be a family member.
(b) by repealing clause (s)(i) and substituting the following:
(i) farming and ranching operations that are specified in the regulations and in
respect of which
(A) no wages, as defined in the Employment Standards Code, are paid to
persons for the performance of farming or ranching work, or
(B) wages, as defined in the Employment Standards Code, are paid only to
the following persons for the performance of farming or ranching work:
(I) shareholders of a corporation engaged in a farming or ranching
operation of which all shareholders are family members of the
same family;
(II) family members of a shareholder of a corporation engaged in a
farming or ranching operation of which all shareholders are family
members of the same family;
(III) family members of a sole proprietor engaged in a farming or
ranching operation;
(IV) family members of a partner in a partnership engaged in a
farming or ranching operation where all partners are family
members of the same family,
and
(c) by repealing clause (bb) and substituting the following:
(bb) worker means a person engaged in an occupation, but does not include,
except for the purpose of section 2(2), the following persons engaged in a
farming and ranching operation specified in the regulations:
( i) a person to whom no wages, as defined in the Employment Standards
Code, are paid for the performance of farming or ranching work;
(ii) a person referred to in clause (s)(i)(B)(I) to (IV) to whom wages, as
defined in the Employment Standards Code are paid for the performance
of farming or ranching work;
6 The Farming and Ranching Exemption Regulation
(AR 27/95) is amended by repealing sections 2 and 3 and substituting the following:
Excluded farming and ranching operations
2(1) Subject to subsection (2), the following farming and ranching operations are specified for
the purpose of section l(s)(i) and (bb) of the Act:
(a) the production of crops, including fruits and vegetables, through the cultivation of
land;
(b) the raising and maintenance of animals or birds;
(c) the keeping of bees.
(2) For greater certainty, the following are not farming and ranching operations:
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Analysis of what Bill 6 would look like with government amendments.

Wildrose Official Opposition Caucus

(a) the processing of food or other products from the operations referred to in
subsection (I);
(b) the operations of greenhouses, mushroom farms, nurseries or sod farms;
(c) landscaping;
(d) the raising or boarding of pets.
7
(1) The Occupational Health and Safety Code 2009 as adopted by the Occupational
Health and Safety Code 2009 Order (AR 87/2009) is amended by this section.
(2) The following is added after section 1:
Farming and ranching operations
1.1(1) Subject to subsection (2) and except as expressly provided in this Code, this Code
does not apply to the following farming and ranching operations:
(a) the production of crops, including fruits and vegetables, through the cultivation of
land;
(b) the raising and maintenance of animals or birds;
(c) the keeping of bees.
(2) For greater certainty, the following are not farming and ranching operations:
(a) the processing of food or other products from the operations referred to in
subsection (1);
(b) the operations of greenhouses, mushroom farms, nurseries or sod farms;
(c) landscaping;
(d) the raising or boarding of pets.
8 This Part comes into force on January 1, 2016.

Part 4
Workers Compensation Regulation
9

(1) The Workers' Compensation Regulation (AR 325/2002) is amended by this

section.
(2) Section 3 is amended
(a) in subsection (1) by striking out or at the end of clause (b), adding or at the end
of clause (c) and adding the following after clause (c):
(d) persons in an industry listed in Schedule D
(i) to whom no wages, as defined in the Employment Standards Code, are paid
for the performance of farming or ranching work, or
(ii) to whom wages, as defined in the Employment Standards Code, are paid for
the performance of farming or ranching work and who are
(A) shareholders of a corporation engaged in a farming or ranching
operation of which all shareholders are family members of the same
family;
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Analysis of what Bill 6 would look like with government amendments.

Wildrose Official Opposition Caucus

(B) family members of a shareholder of a corporation engaged in a

farming or ranching operation of which all shareholders are family
members of the same family;
(C) family members of a sole proprietor engaged in a farming or ranching
operation;
(D) family members of a partner in a partnership engaged in a farming or
ranching operation where all partners are family members of the same
family,
(b) in subsection (2) by striking out subsection (1 )(a) or (b) and substituting subsection (1)(a),
(b) or (d);
(c) by adding the following after subsection (3):
(4) In this section, family member, in relation to a shareholder, sole proprietor or
partner, means
(a) the spouse or adult interdependent partner of the shareholder, sole
proprietor or partner, or
(b) whether by blood, marriage or adoption or by virtue of an adult
interdependent relationship, a child, parent, grandparent, sibling, aunt, uncle,
niece, nephew or first cousin of a shareholder, sole proprietor or partner or of
the shareholder's, sole proprietor's or partner's spouse or adult interdependent
partner, and includes any other person prescribed to be a family member.
(3) Schedule A is amended by striking out
agrology and agronomy services, provision of;,
apiary, operation of;,
artificial breeding services, provision of;,
breeding of animals, birds, fish or reptiles;,
collection of urine from pregnant mares;,
dude ranch, operation of;,
egg producer, commercial, carrying on business as;'',
farming, carrying on business of;,
''farming contracting, including haying and threshing,
carrying on business of;,
feed lot, commercial, operation of;,
fertilizer spreading services, provision of;'',
fruit grower, commercial, carrying on business as;,
game farm, operation of;,
horse exercising, training or racing, carrying on business of;'',
poultry producer, commercial, carrying on business as;'',
rabbit producer, commercial, carrying on business as;,
ranching;,
riding academy or horse stable, operation of;, and
vegetable grower, commercial, carrying on business as;.
(4) The following is added after Schedule C:
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Analysis of what Bill 6 would look like with government amendments.

Wildrose Official Opposition Caucus

Schedule D
The following are industries to which section 3( I )(d) of this Regulation applies:
agrology and agronomy services, provision of;
apiary, operation of;
artificial breeding services, provision of;
breeding of animals, birds, fish or reptiles;
collection of urine from pregnant mares;
dude ranch, operation of;
egg producer, commercial, carrying on business as;
farming, carrying on business of;
farming contracting, including haying and threshing.
carrying on business of;
feed lot, commercial, operation of;
fertilizer spreading services, provision of;
fruit grower, commercial, carrying on business as;
game farm, operation of;
horse exercising, training or racing, carrying on business of;
poultry producer, commercial, carrying on business as;
rabbit producer, commercial, carrying on business as;
ranching;
riding academy or horse stable, operation of;
vegetable grower, commercial, carrying on business as.
Coming into force
10 This Part comes into force on January 1, 2016.