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Volume

45, No. 4

B.C. Reg. 39/2002

The

British Columbia Gazette,

Part II

March 12, 2002

B.C. Reg. 39/2002, deposited March 1, 2002, pursuant

to the HEALTH AND SOCIAL SERVICES DELIVERY IMPROVEMENT ACT [Sections 4,

5, 6, 9 and 19]. Order in Council 174/2002, approved and ordered March 1, 2002.

On the recommendation of the undersigned, the Lieutenant

Governor, by and with the advice and consent of the Executive Council, orders

that the attached Health Sector Labour Adjustment Regulation is made. — C.

HANSEN, Minister of Health Services G. CAMPBELL, Presiding Member of

the Executive Council.

HEALTH SECTOR LABOUR ADJUSTMENT REGULATION

Contents

Section

Definitions

Transfer on reorganization

Assignment on reorganization or temporary assignment

Specific limitation on the employer's right to assign or transfer

Time limitations with respect to bumping

Acute care hospitals

Health services professionals

Schedule

Definitions

1 In this regulation:

"Act" means the Health and Social Services

Delivery Improvement Act ;

"assign" means requiring an employee to work

at a worksite other than the worksite at and from which the employee ordinarily

works or to work for another health sector employer;

"comparable" means that the regularly

scheduled hours of work differ by no more than 20% from the regularly scheduled

hours of an employee's current position and the hourly wage rate differs by no

more than 5% from the hourly wage rate of the employee's current position;

"employee's geographic location" means an area

within a radius of 50 kilometres of the worksite at or from which an employee

ordinarily works;

"transfer" means a permanent transfer to a

worksite other than the worksite at or from which an employee ordinarily works

or to another health sector employer.

Transfer on reorganization

(1) An employee transferred under

section 4 (3) of the

Act

(

a) must not be transferred outside of the employee's

geographic location without his or her consent, and

(

b) is entitled to reasonable relocation expenses in

accordance with the policy of the health sector employer.

(2) If functions or services are reorganized under

section 4 (1) or (2) of the Act and an employee

(

a) is not transferred to a worksite or to work for

another health sector employer within the employee's geographic location, or

(

b) declines a transfer to a worksite or to work for

another health sector employer outside of the employee's geographic location

the employee is entitled to layoff notice and to bump

consistent with

section 9 of the Act.

(3) An employee offered a transfer outside of the

employee's geographic location has 30 days from the date on which the transfer

is offered to accept or decline the transfer.

(4) If functions or services are reorganized under

section 4 (1) or (2) of the Act and an employee who is transferred to a worksite

within the employee's geographic location refuses the transfer, the employee is

deemed to have resigned 30 days after the date on which the transfer is refused.

Assignment on reorganization or temporary assignment

(1) An employee assigned under

section 5 (

a) of the

Act to work outside of the employee's geographic location is entitled to

reasonable expenses for accommodation, meals and related expenses in accordance

with his or her collective agreement or, if the collective agreement is silent

on the issue, with the policy of the health sector employer.

(2) No employee May be assigned to a worksite or to work

for a health sector employer outside of the employee's geographic location for

more than 30 days in any 4 month period.

(3) Except for the assignment, an employee continues to

have all of the rights and benefits of the collective agreement as if the

employee was working at the employee's ordinary worksite.

Specific limitation on the employer's right to assign

or transfer

(1) In this section, "member of the

association" means a member of the Denominational Health Care Facilities

Association identified in Appendix A to the agreement between the government and

the Denominational Health Care Facilities Association dated March 16, 1995.

(2) Despite any other provision of this regulation, a

person employed in a facility owned by a member of the association May decline

an assignment or transfer, pursuant to

section 4 or 5 of the Act, to a health

sector employer that is not a member of the association.

Time limitations with respect to bumping

(1) An employee exercising a right to bump another

employee under

section 9 (

d) of the Act must

(

a) advise the employee's health sector employer within

48 hours after receiving the seniority list referred to in subsection (2) of his

or her intention to bump an employee at the same worksite, or

(

b) advise the employee's health sector employer within

7 days after receiving the seniority list referred to in subsection (2) of his

or her intention to bump an employee at a different worksite.

(2) An employee who has received a layoff notice must

decide whether to bump another employee, within the time set out in subsection

(1), after receiving from the employee's health sector employer a list of the

positions on the same seniority list occupied by employees with fewer than 5

years seniority.

(3) An employee with greater than 5 years seniority

making a decision under subsection (2) May bump an employee with fewer than 5

years seniority who occupies a position in a classification that entails

performing duties the bumping employee is qualified to perform and capable of

performing.

(4) An employee with fewer than 5 years seniority making

a decision under subsection (2) May bump the most junior employee whose hours of

work are comparable and who occupies a position in a classification that entails

performing duties the bumping employee is qualified to perform and capable of

performing.

(5) If an employee exercises a right to bump another

employee under subsection (3) or (4), the health sector employer May assign the

employee to the new position anytime within 7 days from the date on which the

health sector employer receives notification that the employee has exercised his

or her right to bump that other employee.

(6) An employee who fails to exercise his or her right

to bump another employee under this

section May be laid off anytime after 7 days

from the date on which the employee received the seniority list referred to in

subsection (2) or at the expiry of the employee's notice period, whichever is

later.

Acute care hospitals

6 The hospitals or parts of hospitals listed in the

Schedule, other than the extended care units of those hospitals or parts of

hospitals, are designated as acute care hospitals for the purpose of

section 6

of the Act.

Health services professionals

7 The following are designated as designated health

services professionals for the purpose of

section 6 of the Act:

(

a) cardiopulmonary technologists;

(

b) clinical perfusionists;

(

c) pharmacists.

Schedule

Hospital

Number

Hospital Name

Place

Vancouver General Hospital

Vancouver

St. Paul's Hospital

Vancouver

St. Vincent's Hospital

Vancouver

104/5

B.C. Children's & Women's Health Centre

Vancouver

Mount Saint Joseph Hospital

Vancouver

B.C. Cancer Agency

Vancouver

Royal Columbian Hospital

Vancouver

Saint Mary's Hospital (New Westminster)

New Westminster

Powell River General Hospital

Powell River

Lions Gate Hospital

North Vancouver

St. Mary's Hospital (Sechelt)

Sechelt

Sunny Hill Health Centre for Children

Vancouver

Langley Memorial Hospital

Langley

Surrey Memorial Hospital

Surrey

Holy Family Hospital

Vancouver

B.C. Rehab Society (G.F. Strong)

Vancouver

Richmond General Hospital

Richmond

U.B.C. Hospital

Vancouver

Squamish General Hospital

Squamish

Burnaby Hospital

Burnaby

Peace Arch District Hospital

Surrey

Delta Centennial Hospital

Delta

Eagle Ridge Hospital

Coquitlam

Royal Jubilee Hospital

Victoria

Victoria General Hospital

Victoria

Cowichan District Hospital

Duncan

Queen Alexandra Hospital

Victoria

Lady Minto Gulf Islands Hospital

Salt Spring

Gorge Road Hospital

Victoria

Saanich Peninsula Hospital

Saanich

Vernon Jubilee Hospital

Vernon

Kelowna General Hospital

Kelowna

Penticton Regional Hospital

Penticton

Princeton General Hospital

Princeton

Enderby and District Memorial

Enderby

Summerland General Hospital

Summerland

South Okanagan General Hospital

Oliver

Royal Inland Hospital

Kamloops

Queen Victoria Hospital

Revelstoke

Nicola Valley General Hospital

Merritt

Shuswap Lake General Hospital

Salmon Arm

St. Bartholomew's

Lytton

Cariboo Memorial Hospital

William's Lake

Ashcroft & District General Hospital

Ashcroft

Golden & District General Hospital

Golden

Lillooet District Hospital

Lillooet

Dr. Helmcken Memorial Hospital

Clearwater

Nanaimo Regional General Hospital

Nanaimo

St. Joseph's General Hospital

Comox

Ladysmith and District General Hospital

Ladysmith

St. George's Hospital

Alert Bay

Campbell River and District General Hospital

Campbell River

Port Hardy Hospital

Port Hardy

Port McNeill and District Hospital

Port McNeill

Chilliwack General Hospital

Chilliwack

Mission Memorial Hospital

Mission

Matsqui-Sumas-Abbotsford General Hospital

Abbotsford

Ridge Meadows Hospital

Ridge Meadows

Fraser Canyon Hospital

Hope

Kootenay Lake District Hospital

Nelson

Slocan Community Hospital

New Denver

Victorian Hospital

Kaslo

Creston Valley Hospital

Creston

Arrow Lakes Hospital

Nakusp

Fort St. John General Hospital

Fort St. John

St. John Hospital

Vanderhoof

Prince George Regional Hospital

Prince George

Dawson Creek & District Hospital

Dawson Creek

G.R. Baker Memorial Hospital

Quesnel

Burns Lake & District Hospital

Burn's Lake

100 Mile District General Hospital

100 Mile House

McBride & District Hospital

McBride

Fort Nelson General Hospital

Fort Nelson

MacKenzie and District Hospital

Mackenzie

Chetwynd General Hospital

Chetwynd

Stuart Lake Hospital

Fort St. James

Kimberley and District Hospital

Kimberley

Fernie District Hospital

Fernie

Sparwood General Hospital

Sparwood

Invermere District Hospital

Windermere

Cranbrook Regional Hospital

Cranbrook

Trail Regional Hospital

Trail

Boundary Hospital

Grand Forks

Castlegar & District Hospital

Castelgar

West Coast General Hospital

Port Alberni

Tofino General Hospital

Tofino

Port Alice Hospital

Port Alice

Wrinch Memorial Hospital

Hazelton

Prince Rupert Regional Hospital

Prince Rupert

Bulkley Valley District Hospital

Smithers

R.W. Large Memorial Hospital

Bella Bella

Bella Coola General Hospital

Bella Coola

Queen Charlotte Islands General Hospital

Queen Charlotte City

Stewart General Hospital

Stewart

Mills Memorial Hospital

Terrace

Kitimat General Hospital

Kitimat

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada