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2000 Legislative Session: 4th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

MR. CAMPBELL

BILL M 201 – 2000

EDUCATION AS AN ESSENTIAL SERVICE ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Amendment of Labour Relations Code

Section 72 of the Labour Relations Code , S.B.C. 1993, c. 82, is amended as follows:

(1) If a dispute arises after collective bargaining has commenced, either of the parties to the dispute may apply to the chair to investigate or the chair on his or her own motion may investigate whether or not the dispute poses a threat to the economy of the Province or to the health, safety, welfare or economic threat of the residents of British Columbia or to the provision of educational services in the Province and report the results of the investigation to the minister.

(2) The minister may do either or both of the following:

(

a) order a cooling off period not exceeding 40 days;

(

b) direct the board to designate those facilities, productions and services that the council considers necessary or essential to prevent immediate and serious danger to the economy of the Province or to the health, safety or welfare of its residents or to the provision of educational services in the Province.

(3) Where a cooling off period is ordered under this section, no employee or trade union that is a party to the dispute shall strike, and no employer who is a party to the dispute shall lock out their employees, and any existing strike or lockout by a party to the dispute is suspended.

(4) Where the board designates facilities, productions and services under subsection (2) (b), the employer and the trade union shall supply, provide or maintain in full measure those facilities, productions and services and shall not restrict or limit a facility, production or service so designated.

(5) Any order, direction or designation made or given under this

section may be amended, varied or revoked and another made in its place, but the minister may not in respect of one dispute order a second cooling off period.

Proclamation

2. This Act shall come into force upon proclamation.

Explanatory Notes

This bill will allow the chair of the board or the minister to

establish levels of essential services, not only for health, safety and welfare

and education but also as they apply to economic threat. This bill will broaden

the scope of the level of essential services and provide for the best levels

possible that serve the public interest.

This bill will allow for a cooling off period not exceeding 40

days.

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© 2000: Queen's Printer, Victoria, British Columbia, Canada