The Second Session of the 31st Legislature began this week, which means that RMA’s weekly Legislative Update returns! These bulletins seek to deliver and explain (in a brief manner) the important and relevant details of upcoming law in Alberta, as well as important points from the debates between elected Members of the Legislative Assembly (MLAs) as they create legislation for the Province of Alberta.
Elder Saddleback of the Cree Nation of Samson was invited to speak to the Assembly before the official work began. Speaking in both Cree and English, Elder Saddleback blessed the Assembly, and then provided a stark reminder to all MLAs to work together to help create a better world for those that come after them – for their children and grandchildren.
Before moving on to other introductory matters, the newly-elected Leader of the Opposition – Mr. Naheed Nenshi – was officially sworn in. Nenshi was elected to be the representative of Edmonton-Strathcona in a special June by-election earlier this year.
Premier Danielle Smith’s Speech from the Throne generously discussed several matters that are likely to drive current and future legal developments. The speech touched Federal and US relations, the economy, immigration, infrastructure development, health care, justice, and Alberta sovereignty. A common underlying theme that weaved its way throughout the speech was the need to expand energy development to increase provincial revenue that would provide for expanded infrastructure development and policing.
Visitors to the Legislature this week included former Alberta MLA and Leader of the Opposition Ray Martin, former Calgary City Councillor John Mar, president and CEO of the National Access Art Centre Jung-Suk Ryu, and a significant number of teachers from various parts of Alberta. Accordingly, a significant portion of question period and debate was spent on the topic of education and the question of the new collective agreement between the Alberta Government and public-school teachers. There were only three Bills introduced this introductory week; they are explored below.
Legislative Action
Bill 1 – International Agreements Act, 2025
Right Honourable Danielle Smith, Premier of Alberta
Bill 1 is a short piece of legislation that seeks to affirm in Alberta law the recognized legal principle that no international agreement is actionable within the jurisdiction of the agreeing parties until the local government affirms it. The method of affirming international agreements is by passing local legislation.
Bill 1, if passed, would prevent any international agreement signed onto by the Federal Government that touches matters of Provincial jurisdiction from being binding on the Alberta Government (or a part of Provincial law) without express implementation by the Alberta Legislature. The bill would also repeal the International Trade and Investment Agreements Implementation Act.
Bill 1 was introduced to the Assembly by Minister Mickey Amery, as Premier Smith is currently in the United Arab Emirates on a promotional tour for the Alberta oil and gas industry.
Bill 1 passed the First Reading and is currently enjoying extended debate before the vote on Second Reading.
Bill 2 – Back to School Act, 2025
Honourable Mickey Amery, the President of Treasury Board and Minister of Finance
Bill 2 implements use of section 33 of the Charter – the “Notwithstanding Clause” (NWC) – to order striking public-school teachers to return to their classrooms. Bill 2 also applies a binding collective agreement on all Alberta Teachers Association (ATA) members.
The NWC allows a Provincial Government to temporarily override fundamental rights granted by sections 2, 7, or 15 of the Charter for up to a 5-year period. Sections 2, 7, and 15 outline fundamental freedoms, legal rights, and equality rights. Importantly, for the purpose of Bill 2, the freedom fundamental of association under section 2(b) protects a union’s right to associate, collectively bargain, and strike.
The NWC – on its own – is an incredibly controversial provision of the Charter. While the inclusion of the NWC guaranteed Provincial acceptance of the Charter and allowed for its adoption into the Constitution Act, it was intended to be used in non-controversial, mundane circumstances where a characteristic of the current law prevented a general good from being implemented as a result of the function of section 2, 7, or 15. The NWC guaranteed a certain level of Provincial flexibility and agency while asserting the importance of Charter rights to all Canadians.
Quebec has been the primary user of the NWC, almost entirely in the 1980s, in order to assert French-language uses not necessarily covered by the Charter. Alberta attempted to use the NWC to prevent legal same sex marriage in the early 2000s, but was stopped from doing so by the Supreme Court of Canada. The NWC has never been used in the context of a labour dispute.
Bill 2 invokes the NWC to prohibit ATA members from striking. It also allows the Province to apply fines directly to ATA members if they participate in a strike, while also enforcing the collective agreement between the ATA and the Province that was twice previously rejected by ATA members. Bill 2 also prevents the Alberta Labour Board and Alberta Human Rights Tribunal from addressing any matter related to Bill 2 or the previous labour negotiations between the ATA and the Province.
Bill 2 sailed through all three readings in an expedited debate on Monday, October 27. It appears that members of the opposition and the public were not made aware of the contents of Bill 2 until the evening session on that same day – this session culminated in the third and final reading of the bill.
Bill 2 received Royal Assent at around 2am on the morning of October 28, along party lines. The contents of Bill 2 were not published on Government sites until after it was approved on the morning of October 28.
Bill 3 – Private Vocational Training Amendment Act, 2025
Honourable Myles McDougall, Minister of Advanced Education
Bill 3 has been presented as helping strengthen the vocational training sector and enhance financial and other protections for postsecondary student attending private vocational schools.
Private vocational schools – commonly referred to as trade schools – offer specialized training programs that aim to prepare students for specific careers. Various forms of academia in private vocational schools include culinary arts, music, technology, business, specialized healthcare, and various careers within construction.
Bill 3 provides much-needed updates to the language of the Private Vocational Training Act (the “Act”). The amendments expand the coverage of the Act from specialized and specified fields to any school that provides vocational training. What qualifies as “vocational training” will be decided by regulation, making implementation of the Act more flexible and reactive.
These schools must now register with the Alberta Government and hold a licence to teach their desired vocation(s). The Act also creates a Student Protection Fund which, if managed in accordance with the Act, should provide additional and direct funding for students of vocational training.
The Act seeks to ensure that implementation is in accordance with the needs of Alberta’s labour market and employers. While there is reference to a “broad range” of possible opportunities, it currently remains unclear from the language of Bill 3 how the expressed needs will be measured or evaluated.
Bill 3 passed its first reading on Tuesday October 28.
Standing and Select Special Committee Meetings
November 3:
Standing Committee on Legislative Offices
November 4:
Standing Committee on Public Accounts
Ian Profiri
Policy & Research Analyst
825.319.2352
ian@rmalberta.com
Wyatt Skovron
General Manager of Policy & Advocacy
780.955.4096
wyatt@rmalberta.com