Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

2004 Legislative Session: 5th Session, 37th 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 22nd day of

April, 2004

Ian D. Izard, Law Clerk

HONOURABLE GRAHAM BRUCE

MINISTER OF SKILLS

DEVELOPMENT AND LABOUR

BILL 19 – 2004

EDUCATION SERVICES COLLECTIVE AGREEMENT AMENDMENT ACT, 2004

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

Section 2 (1) (a) (

v) of the Education Services Collective Agreement Act, S.B.C. 2002, c. 1, is repealed and the following substituted:

(

v) effective July 1, 2002,

(

B) deleting

Article D.2 entitled "K-3 Primary Class Size",

(

C) deleting sections D.1, D.2 and D.3 of Appendix 1 of Letter of Understanding No. 1, dated May 31, 1995,

(

D) in Addendum C to Letter of Understanding No. 1, which addendum is dated April 23, 1997, deleting the heading "Professional Development and Teacher Assistants" and substituting "Professional Development" and deleting the heading "Teacher Assistants:" and the paragraph immediately under that heading,

(

E) deleting paragraphs 1 to 5 and everything after paragraph 8 of Letter of Understanding No. 3, dated June 4, 1999,

(

F) deleting Letter of Understanding No. 4, dated June 22, 1999,

(

G) deleting Letter of Understanding No. 5, dated June 19, 2000, and

(

H) in respect of an agreement referred to in Column

A of the document entitled "Teachers' Collective Agreement Deletions" tabled

in the Legislative Assembly on the date of First Reading of the Education

Services Collective Agreement Amendment Act, 2004 , deleting those words,

phrases and provisions, or parts of provisions, as set out in the same row in

Column B of that document; .

2 The

Schedule is amended by striking out " is amended or modified

by or under " and substituting " is amended, modified or deleted

by or under ".

Consequential Amendments

School Act

Section 27.1 of the School Act, R.S.B.C. 1996, c. 412, is repealed.

Section 28 is amended by adding the following subsection:

(3) For certainty and despite any decision of a court to the contrary made before or after the coming into force of this subsection, nothing in this

section is to be construed as authorizing a board or the Provincial union to enter into a collective agreement that includes a provision that is prohibited under

section 27 (3) or void under

section 27 (2), (5) or (6).

Retroactive effect

(1) Despite any decision of a court to the contrary made before or after the coming into force of this section,

(

a) the deletion under

section 1 of words, phrases, provisions and parts of provisions from a collective agreement between the British Columbia Teachers' Federation and the British Columbia Public School Employers' Association is deemed to have taken effect on July 1, 2002, and

(

b) those deleted words, phrases, provisions and parts of provisions must not for any purpose, including any suit or arbitration commenced or continued before or after the coming into force of this section, be considered part of that collective agreement on or after July 1, 2002.

(2) This

section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter merely because it makes no specific reference to that matter.

Commencement

6 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 to 3

January 28, 2002, and are retroactive to the extent necessary to give them force and effect on and after that date

Copyright

© 2004: Queen's Printer, Victoria, British Columbia, Canada