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1997 Legislative Session: 2nd Session, 36th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 17th day of July, 1997

Ian D. Izard, Law Clerk

HONOURABLE JOY MacPHAIL

MINISTER OF HEALTH AND

MINISTER RESPONSIBLE

FOR SENIORS

BILL 20 – 1997

PUBLIC SECTOR EMPLOYERS

AMENDMENT ACT, 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by adding

the following

definitions:

"contract of employment" means a policy or contract, whether written or oral,

express or implied, with respect to or containing terms of employment between

a public sector employer and an employee or a class of employee;

"employment termination" includes the expiry, cessation, change or renewal of a

contract of employment;

"employment termination standards" means the standards established by the

council under

section 4.1; .

2 The following sections are added:

Employment termination standards for exempt employees

4.1

(1) The council may establish employment termination standards for persons who

are employed by a public sector employer and who are not subject to a collective

agreement.

(2) Employment termination standards may be retroactive to May 1, 1997 and if

made retroactive are deemed to be effective on the date specified in the standards.

(3) Employment termination standards may be of general application or may apply

to one or more public sector employers and persons employed by them as set out

in the standards.

(4) A public sector employer must provide, without charge, to the council copies of

contracts of employment and other information that the council requests for the

purpose of monitoring compliance with employment termination standards or

assisting the council in the development and revision of employment termination

standards.

Employment termination standards regulation

4.2

(1) The Lieutenant Governor in Council may, by regulation, adopt an employment

termination standard for the purpose of this section.

(2) A regulation under subsection (1) may be made retroactive to May 1, 1997 and if

made retroactive is deemed to be effective on the date specified in the regulation.

(3) If the Lieutenant Governor in Council adopts an employment termination

standard by regulation under subsection (1),

(

a) the regulation is deemed to be included in all contracts of employment

commenced, changed or renewed on or after the effective date of the

regulation, and

(

b) any provision in a contract of employment commenced, changed or

renewed after the effective date of the regulation that is inconsistent with the

regulation is of no force or effect.

3 The following

section is added to

Part 4:

Compliance with the regulated standard

15.1

(1) If, after the effective date of a regulation under

section 4.2, a public sector

employer pays money or confers a benefit or a person accepts money or receives

a benefit that exceeds the amount or benefit permitted by the regulation, the

excess money or cost to the employer of the benefit is a debt that is payable to the

government by the person who receives the amount or benefit.

(2) No action lies and no proceedings may be brought against a public sector

employer by a person who receives an amount or benefit conferred contrary to a

regulation under

section 4.2.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada