Governing Documents

In February 2025, the GSA retained (hired) lawyer E. Wayne Benedict of the union-side labour law firm McGown Cook to provide legal advice and representation on several pending issues. Mr. Benedict is one of the most experienced labour lawyers in matters related to labour law in Alberta’s post-secondary education sector. He has previously assisted several academic staff associations in Alberta in navigating the complexities of the Post-Secondary Learning Act, the Labour Relations Code (after 2017 Bill 7 [SA 2017 c4] received Royal Assent and became effective on May 4, 2017), the Personal Information Protection Act, and other legislation, and in amending their bylaws toward legislative compliance, including organizational governance. Mr. Benedict also has extensive experience working in trade unions, having served as President of Canadian Auto Workers, Local 110, before being called to the bar.

While the GSA cannot comment on matters before any administrative body in order to respect the legal process—as outlined in previous emails to the membership—two Alberta Labour Relations Board complaints against the GSA, and one by the GSA, did prompt a thorough review of the organization’s policies, bylaws, and internal structures.

As a result of that review, the GSA’s lawyer identified that the September 28, 2021 Bylaws were broadly not legislatively compliant.

How did we get here?

While the GSA will not speculate on motives or influences behind past decisions, it’s important to acknowledge that the organization has undergone significant evolution since its incorporation as a statutory corporation by the Lieutenant Governor (the then Queen’s representative) in Council on February 22, 1971, pursuant to what was then The Universities Act (1970), succeeded by the Universities Act (1980), and the Post Secondary Learning Act (2003)

Over time, the GSA has grown considerably, and the provincial legislation governing it has evolved as well. One key moment in this transformation was the passing of Bill 7 in 2017 by the Legislative Assembly of Alberta. Among other things, Bill 7 designated the GSA as the exclusive bargaining agent for all academically employed graduate students. In effect, this deemed the GSA a trade union, responsible for fulfilling duties as the exclusive bargaining agent of academically employed graduate students at the University of Calgary under the Labour Relations Code.

As the GSA evolved its bylaws, they parted from compliance with elements of the Post-Secondary Learning Act and Labour Relations Code. One major issue identified by legal counsel was Section 26, which governs the sanctioning of union members. Under the GSA’s former judicial board model, any attempt to sanction an academically employed graduate student would have violated Section 26 and exposed the GSA to further legal risk.

Another area of non-compliance was the composition of the governance structure. The defined council structure did not meet the requirements laid out in Section 95 of the Post-Secondary Learning Act, which clearly stipulates that a council elected by (the entire) membership must manage the business and affairs of the statutory corporation.

Due to the complexity and seriousness of these issues, legal counsel advised an effective course of action was to rescind the September 28, 2021 Bylaws, and have the Elected Council manage the business and affairs of the statutory corporation temporarily through resolutions. This course was taken in February 2024.

What’s next?

Despite these changes, day-to-day operations at the GSA have continued without disruption. Departmental Graduate Associations (DGAs) and the Graduate Student Group (GSG) remain active. Advocacy initiatives—such as those related to the federal election—are ongoing. Notably, the GSA also successfully negotiated a new collective agreement, which received 93.4% support from academically employed graduate student members—one of the highest proportional turnouts in modern GSA history.

As we enter the new semester, the GSA is forming new committees to fulfill critical roles within the organization. It will also continue to support DGAs and the GSG, updating group information and distributing operating grants.

The new Executive team remains committed to student engagement, fulfilling its mandate, and developing a new strategic plan, which is due for renewal this academic year.

Legal counsel is currently reviewing the previous bylaws and past student recommendations. Bylaws are still being drafted to ensure compliance with the Post-Secondary Learning Act, the Labour Relations Code, the Personal Information Protection Act, and other legislation. While the goal was to have these ready by April 30, unexpected complexities have caused delays. We now anticipate completion by early summer, well ahead of the fall semester. In the meantime, the GSA will continue to operate effectively, as the existing legislative frameworks provide sufficient authority for governance.

The GSA remains committed to its legal mandates including:

1. To provide for the administration of Graduate Student affairs at the University of Calgary, including the development and management of Graduate Student committees, the development and enforcement of rules relating to Graduate Student affairs, and the promotion of the general welfare of the Graduate Students consistent with the purposes of the University of Calgary.
2. To fairly represent Academically Employed Graduate Students with respect to their rights under the Collective Agreement and with respect to collectively bargaining the terms of the Collective Agreement with the Governors.

In addition, the GSA is committed to maintaining essential services such as health and dental coverage and student grant programs.

We will continue to provide updates as more information becomes available regarding the status of the new bylaws. If you have any further feedback, don’t hesitate to contact your new GSA executive.