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2005 Legislative Session: 1st Session, 38th 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 7th day of October, 2005

Ian D. Izard, Q.C., Law Clerk

HONOURABLE MICHAEL DE JONG

MINISTER OF LABOUR AND CITIZENS' SERVICES

BILL 12 – 2005

TEACHERS' COLLECTIVE AGREEMENT ACT

Contents

Section

Definitions

Constitution of teachers' collective agreement

Application of Labour Relations Code

Repeal

Commencement

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

Definitions

1 In this Act:

"BCTF" means the British Columbia Teachers' Federation;

"employers' association" means the British Columbia Public School Employers' Association;

"parties" means the BCTF and the employers' association.

Constitution of teachers' collective agreement

(1) The collective agreement between the parties that expired on June 30, 2004 is deemed to constitute a collective agreement between the parties.

(2) Subject to the limits set out in

section 27 of the School Act , the parties may vary, by agreement, the collective agreement constituted under subsection (1) of this section.

(3) Despite subsection (2), a provision of the collective agreement constituted under subsection (1) that creates an obligation for the government must not be varied unless the Minister of Finance approves the variation.

(4) The collective agreement constituted under subsection (1) expires on June 30, 2006.

Application of Labour Relations Code

3 The Labour Relations Code and the regulations under it apply in respect of a matter to which this Act applies, but if there is a conflict or inconsistency between

(

a) this Act, and

(

b) the Labour Relations Code or the regulations under it,

this Act applies.

Repeal

(1) This Act may be repealed by regulation of the Lieutenant Governor in Council.

(2) Despite subsection (1), the collective agreement constituted under this Act is a collective agreement for the purposes of the Labour Relations Code , and the collective agreement remains in force until expiry of the collective agreement.

Commencement

5 This Act comes into force on the date of Royal Assent.