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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 24th day of July, 1997

Ian D. Izard, Law Clerk

HONOURABLE JOY MacPHAIL

MINISTER OF HEALTH AND

MINISTER RESPONSIBLE

FOR SENIORS

BILL 28 – 1997

HEALTH AUTHORITIES 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:

1 The Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by adding the following

heading before

section 1:

Part 1 –

Interpretation and Provincial Standards .

Section 1 is amended

(

a) in the definition of "public body" by adding the following paragraph:

(d.1) the Council of the city, and the city, under the Vancouver Charter , , and

(

b) by repealing the definition of "service providers committee" .

Section 2 is repealed.

4 The following heading is added before

section 4:

Part 2 – Regional Health Boards and

Community Health Councils .

Section 4 (2) to (5) is repealed and the following substituted:

(2) On designation under this section, a board is a corporation consisting of

(

a) the voting members of the board who are appointed by the minister, and

(

b) if appointed by the minister, a non-voting member of the board who is

employed in the ministry of the minister.

(3) The chair of a board is a member of the board who

(

a) is designated as chair of the board by the minister, or

(

b) if a chair of the board is not designated under paragraph (a), is elected under

the bylaws of the board by the board.

(4) Members of a board may receive reimbursement for prescribed expenses

necessarily incurred while discharging their duties as members of the board.

Section 5 is amended

(

a) in subsection (1) (a) (

v) by striking out "by the board to the councils in the region and" ,

(

b) in subsection (1) (

c) by striking out "administer, and allocate among the councils in

the region, grants" and substituting "administer and allocate grants" , and

(

c) by repealing subsection (2) and substituting the following:

(2) In carrying out its purposes, a board must give due regard to the Provincial

standards and specified services.

Section 6 (2) to (4) is repealed and the following substituted:

(2) On designation under this section, a council is a corporation consisting of

(

a) the voting members of the council who are appointed by the minister, and

(

b) if appointed by the minister, a non-voting member of the council who is

employed in the ministry of the minister.

(3) The chair of a council is a member of the council who

(

a) is designated as chair of the council by the minister, or

(

b) if a chair of the council is not designated under paragraph (a), is elected

under the bylaws of the council by the council.

(4) Members of a council may receive reimbursement for prescribed expenses

necessarily incurred while discharging their duties as members of the council.

Section 7 is amended

(

a) in subsection (1) (a) (ii) by striking out "to the board and" ,

(

b) by repealing subsection (1) (

d) and substituting the following:

(

d) to project future need for health services, to set priorities and to prepare and

submit budgets to the minister for the delivery of health services in the

community for which the council was established and to allocate resources

for the delivery of health services in that community;

(d.1) to administer and allocate grants made by the government for the provision

of health services in the community for which the council was established; ,

(

c) in subsection (1) (

f) by striking out "Provincial, regional" and substituting "Provincial" , and

(

d) by repealing subsection (2) and substituting the following:

(2) In carrying out its purposes, a council must give due regard to the Provincial

standards and specified services.

9 The following

section is added:

General or special direction

7.1 A board or council must comply with any general or special direction made by

regulation of the minister with respect to the exercise of the powers and the

performance of the duties of the board or council.

Section 8 (2) is amended by striking out "bylaw" and substituting "bylaw approved by the

minister," .

Section 9 (2) is repealed.

12 Sections 12 and 13 are repealed.

13 The following sections are added:

Definitions

15.1 In this

section and sections 15.2 to 15.5:

"designated area" means an area designated under

section 4 (1) (

b) or 6 (1) (b);

"new board" means a board that is created by an amalgamation of 2 or more old

boards;

"new council" means a council that is created by an amalgamation of 2 or more old

councils;

"old board" means a board that is replaced by a new board;

"old council" means a council that is replaced by

(

a) a new council, or

(

b) a board.

Effect of amalgamation of 2 or more old boards

15.2

(1) If the designated areas of 2 or more old boards are completely contained within

the designated area of a new board, the old boards are amalgamated, as described

in this section, on the appointment of the members of the new board by the

minister under

section 4.

(2) On amalgamation under subsection (1),

(

a) all property and rights of the old boards pass to and vest in the new board

without further act or deed,

(

b) the new board is liable for all debts and obligations of the old boards, and

(

c) a reference to one of the old boards in any commercial paper, contract,

lease, licence, permit or other instrument or document is deemed to be a

reference to the new board.

(3) On amalgamation, for each liability of an old board immediately preceding

amalgamation under subsection (1),

(

a) the new board is liable in the same manner and to the same extent as the old

board was immediately preceding the date of the amalgamation, and

(

b) the new board may sue or be sued in its own name or that of the old board

in any proceeding relating to the liability.

(4) On amalgamation, for each property or right of an old board immediately

preceding amalgamation under subsection (1),

(

a) all persons are liable, in the same manner and to the same extent, to the new

board as they were to the old board immediately preceding the date of the

amalgamation, and

(

b) the new board may sue or be sued in its own name or that of the old board

in any proceeding relating to the property or right.

Effect of amalgamation of 2 or more old councils

15.3

(1) If the designated areas of 2 or more old councils are completely contained within

the designated area of a new council, the old councils are amalgamated, as

described in this section, on the appointment of the members of the new council

by the minister under

section 6.

(2) On amalgamation under subsection (1),

(

a) all property and rights of the old councils pass to and vest in the new council

without further act or deed,

(

b) the new council is liable for all debts and obligations of the old councils, and

(

c) a reference to one of the old councils in any commercial paper, contract,

lease, licence, permit or other instrument or document is deemed to be a

reference to the new council.

(3) On amalgamation, for each liability of an old council immediately preceding

amalgamation under subsection (1),

(

a) the new council is liable in the same manner and to the same extent as the

old council was immediately preceding the date of amalgamation, and

(

b) the new council may sue or be sued in its own name or that of the old council

in any proceeding relating to the liability.

(4) On amalgamation, for each property or right of an old council immediately

preceding amalgamation under subsection (1),

(

a) all persons are liable, in the same manner and to the same extent, to the new

council as they were to the old council immediately preceding the date of

the amalgamation, and

(

b) the new council may sue or be sued in its own name or that of the old council

in any proceeding relating to the property or right.

Effect of amalgamation of a board and one or more old councils

15.4

(1) If the designated areas of one or more old councils are completely contained

within the designated area of a board and the minister specifies that this

section

applies, the old councils are amalgamated with the board as described in this

section.

(2) On amalgamation under subsection (1),

(

a) all property and rights of the old councils pass to and vest in the board

without further act or deed,

(

b) the board is liable for all debts and obligations of the old councils, and

(

c) a reference to one of the old councils in any commercial paper, contract,

lease, licence, permit or other instrument or document is deemed to be a

reference to the board.

(3) On amalgamation, for each liability of an old council immediately preceding

amalgamation under subsection (1),

(

a) the board is liable in the same manner and to the same extent as the old

council was immediately preceding the date of the amalgamation, and

(

b) the board may sue or be sued in its own name or that of the old council in

any proceeding relating to the liability.

(4) On amalgamation, for each property or right of an old council immediately

preceding amalgamation under subsection (1),

(

a) all persons are liable, in the same manner and to the same extent, to the

board as they were to the old council immediately preceding the date of the

amalgamation, and

(

b) the board may sue or be sued in its own name or in the name of the old

council in any proceeding related to the property or right.

Directions from the Senior Financial Officer

15.5

(1) If an amalgamation occurs under

section 15.2, 15.3 or 15.4, the new board, the

new council or the board, as the case may be, must comply with any direction the

Senior Financial Officer, Ministry of Health, may give respecting the

management or disposal, including disposal to the government with or without

compensation, of property, rights, debts or obligations that the new board, the

new council or the board acquired by the amalgamation.

(2) The Senior Financial Officer, Ministry of Health, may only give a direction under

subsection (1) if the Senior Financial Officer, Ministry of Health, considers this

to be necessary in the public interest.

Mandatory amalgamation

16.1

(1) The minister may direct by order that the amalgamation of a designated

corporation and a board or council shall occur on a date specified by the minister

in the order.

(2) To make an order under subsection (1), the minister must be satisfied that

(

a) the amalgamation is suitable for the purposes of this Act,

(

b) it is necessary in the public interest that the amalgamation be completed by

the specified date, and

(

c) by that specified date

(

i) the special resolution required under

section 16 (4) approving the

amalgamation will not be made, or

(ii) a written consent required under

section 16 (2) (

a) or (

b) to the

amalgamation will not be given.

(3) On the making of an order under subsection (1),

(a)

section 16 (2) and (4) does not apply for the purposes of the amalgamation,

(

b) on the date specified by the minister in the order, the designated corporation

and the board or council are amalgamated and continued as the board or

council, and

(c)

section 16 (5) to (8) applies for the purposes of the amalgamation as though

the amalgamation occurred under

section 16 (1).

Gift survives on amalgamation

16.2

(1) A gift by way of inter vivos or testamentary act does not fail by reason only of an

amalgamation

(

a) under this Act, or

(

b) under the Society Act of a society with a designated corporation.

(2) If property is held in trust for the benefit of a corporation and the corporation is

amalgamated with a designated corporation, the property is deemed to be held in

trust for the benefit of the resulting designated corporation.

(3) If property is held in trust for the benefit of a designated corporation and the

designated corporation is amalgamated with a board or council, the property is

deemed to be held in trust for the benefit of the board or council.

(4) This

section is deemed to have come into force on July 14, 1995, and is

retroactive to the extent necessary to give it effect on and after that date.

Section 19 (3) is amended by striking out " Hospital

Insurance Act or Mental Health Act " and substituting " Hospital

Insurance Act , Mental Health Act or Vancouver Charter " .

15 The following

Part is added after

section 19:

Part 3 – Health Sector Labour Relations

Definitions

19.1 In this Part:

"appropriate bargaining unit" means a bargaining unit referred to in

section 19.4

or as determined by the labour relations board under

section 19.5;

"Code" means the Labour Relations Code;

"community subsector" includes adult day care, child development centres,

community service agencies, drug and alcohol services, mental health services,

regional and community administration and any other services that are not

included in the facilities subsector;

"effective date" means the date this

Part comes into force;

"facilities subsector" means acute, extended and long term care facilities and

diagnostic and treatment centres and includes the Cumberland Regional Hospital

Laundry Society (Cumberland Laundry), the Tilbury Regional Hospital Laundry

Society (Tilbury Laundry), the Arthritis Society and the Arthritis Society

(Victoria Division), the British Columbia Cancer Agency (British Columbia

Cancer Agency, Victoria Cancer Clinic) and the Canadian Red Cross Society;

"HEABC" means the Health Employers Association of British Columbia;

"health sector" means all members of HEABC whose employees are unionized and

includes their unionized employees, and consists of the community subsector

and the facilities subsector;

"labour relations board" means the Labour Relations Board established under the

Code;

"nurse" means a person who is authorized to practise under the Nurses (Registered

Psychiatric) Act or Nurses (Registered) Act and works in a job for which that

authorization is a requirement of the employer or a prerequisite to performing the

job as required by statute, regulation or program accreditation;

"Regulation" means the Health Sector Labour Relations Regulation, B.C.

Reg. 329/95;

"resident" means a person who is taking post graduate training in medicine and is

registered with the College of Physicians and Surgeons of British Columbia on

the register or the temporary register.

Application of Labour Relations Code

19.2

(1) The Code and the regulations under it apply in respect of matters to which this

Part applies, but where there is an inconsistency between this Part and the Code,

this Part applies.

(2) Except as specifically provided in this Part, the labour relations board has

exclusive jurisdiction to determine a matter arising under this Part.

Health Sector Labour Relations Regulation repealed

19.3

(1) The Regulation is repealed.

(2) Subject to this Part, the reorganization, integration and reassignment of

employees and units required by the Regulation and completed before the

effective date continue to apply.

Appropriate bargaining units

19.4

(1) The following are the appropriate bargaining units in the health sector:

(

a) residents;

(

b) nurses;

(

c) paramedical professionals;

(

d) health services and support – facilities subsector;

(

e) health services and support – community subsector.

(2) Appropriate bargaining units may be multi-employer units.

(3) All unionized employees in the health sector must be included in an appropriate

bargaining unit.

Review of appropriate bargaining units

19.5

(1) The Minister of Labour may on application or on his or her own motion, and after

the investigation considered necessary or advisable, direct the labour relations

board to consider the continued appropriateness of the bargaining units referred

to in

section 19.4.

(2) If a direction is made under subsection (1)

(

a) the labour relations board must review the bargaining units referred to in

section 19.4 to determine their continued appropriateness and may change

those bargaining units, and

(

b) after the date on which the direction is made the labour relations board has

jurisdiction to determine the appropriateness of any bargaining unit in the

health sector.

Reinstatement of certifications

19.6 Unless amended by the labour relations board in accordance with sections 19.7

and 19.8, certifications that were cancelled or ceased to be effective as a consequence

of the Regulation must be reinstated if an application is made within 90 days of the

effective date, except that

(

a) if a trade union has ceased to exist, the certification of the successor trade

union is continued or confirmed, and

(

b) if certifications were consolidated or established under sections 7 and 8 of

the Regulation, the consolidated or established certifications are continued.

Transfer back of employees

19.7

(1) Subject to subsection (4), agreements or other reassignments that transferred

members from one trade union to another trade union under sections 9 to 12 of

the Regulation are void.

(2) Subject to subsection (4), an employee who was reassigned or transferred as a

result of an agreement or other reassignment referred to in subsection (1) is

returned to an appropriate bargaining unit represented by the trade union they

belonged to before that reassignment or transfer, on the effective date or as soon

thereafter as the labour relations board certifies the trade union for an appropriate

bargaining unit.

(3) The certification referred to in subsection (2) must take place within 120 days of

the effective date.

(4) This

section does not apply to the following:

(

a) reassignments between trade unions listed in Column 1 of

section 2 (3) of

the Regulation that were concluded before the effective date;

(

b) agreements or other reassignments that are confirmed by the parties to those

agreements or reassignments after the effective date;

(

c) agreements or other reassignments from a certified bargaining unit where

the trade union certified for that unit does not make an application under

section 19.6 within 90 days after the effective date.

Labour relations board powers

19.8

(1) The labour relations board may

(

a) amend the bargaining unit description of any certification in order to reflect

the appropriate bargaining units, and

(

b) issue more than one certification if the employees covered by the former

certification meet the criteria for inclusion in more than one of the

appropriate bargaining units.

(2) If a trade union would otherwise have more than one bargaining unit with the

same bargaining unit description, the labour relations board must consolidate

those units into one bargaining unit.

(3) If, after the effective date, the labour relations board transfers employees from

one of the appropriate bargaining units to another, the employees retain

membership in the trade union they belonged to before the transfer.

Associations of bargaining agents

19.9

(1) A trade union certified as bargaining agent for employees in an appropriate

bargaining unit must belong to an association composed of all the trade unions

with certifications for appropriate bargaining units of the same description.

(2) On a date determined by the labour relations board, but no later than 6 months

after the effective date,

(

a) associations of bargaining agents formed under

section 13 of the Regulation

cease to operate, and

(

b) new associations of bargaining agents must be formed in accordance with

this section.

(3) Before the date determined by the labour relations board under subsection (2), the

trade unions in each association must agree to articles of association that

(

a) are consistent with this Act and the Code,

(

b) provide the association with the exclusive jurisdiction to bargain on behalf

of the bargaining units for which the association will be certified and to

conclude a single collective agreement with respect to those units,

(

c) provide the association with the right and obligation to resolve differences

among its members with respect to the administration of the collective

agreement referred to in paragraph (b), including differences with respect to

the right or obligation to belong to a particular trade union within the association,

(

d) include provisions with respect to ratification and other collective

bargaining processes that reflect the relative membership size of trade union

representation in the bargaining units within the association, while ensuring

that no member or group of members of a constituent trade union is treated

in a manner that is arbitrary, discriminatory or in bad faith by the association,

(

e) provide for the future addition into the association of any other trade unions

that the labour relations board may certify to represent an appropriate

bargaining unit, and

(

f) include any other provisions that the labour relations board determines may

be necessary in order to ensure that the association can function as a

bargaining agent and administer the collective agreement on behalf of the

employees within its jurisdiction.

(4) The articles of association referred to in subsection (3) are subject to approval by

the labour relations board.

(5) If the articles of association referred to in subsection (3) are not agreed to by the

trade unions and approved by the labour relations board before the date

established by the labour relations board under subsection (2), the labour

relations board must determine the articles of association.

(6) When articles of association have been established under this section, the labour

relations board must certify the association for the purposes and procedures set

out in subsection (8).

(7) Articles of association are deemed to be decisions of the labour relations board.

(8) Despite

section 27 of the Code, an association is certified for

(

a) the purposes and procedures under Parts 4 to 7 of the Code, and

(

b) other provisions of the Code that the labour relations board determines are

necessary or advisable to apply to the association to better achieve the

purposes of the Code

and the certifications held by the individual trade unions that are members of the

association remain in effect for all other purposes.

Existing collective agreement applies

19.91

(1) The collective agreements constituted under the Education and Health Collective

Bargaining Assistance Act continue to apply to the associations established under

section 19.9.

(2) In addition, collective agreements existing on the effective date continue to apply

to any employee transferred between bargaining units or employers, unless

otherwise agreed to by HEABC and the bargaining agent certified under this Part

that will represent the employee for the purposes of collective bargaining after the

transfer.

Seniority and service recognition

19.92

(1) Seniority and service recognition is portable for any employee who changes

bargaining units, bargaining agents or collective agreements as a result of this

Part.

(2) Disputes arising from the operation of subsection (1) must be resolved by the

arbitration procedures in

Part 8 of the Code.

Transitional – regulations

19.93

(1) The Lieutenant Governor in Council may make regulations considered necessary

or advisable for the purpose of more effectively bringing into operation this Part

and to prevent any transitional difficulties encountered in so doing, and without

limitation, the regulations may, for a period the Lieutenant Governor in Council

specifies, suspend the operation of a provision of an enactment if that provision

would impede the effective operation of this Part.

(2) Unless earlier repealed, a regulation under subsection (1) is repealed one year

after it is enacted.

16 The following heading is added before

section 20:

Part 4 – Miscellaneous Provisions .

Section 21 (2) is amended

(

a) by repealing paragraphs (

a) to (

c) and (

e) to (g),

(

b) by repealing paragraph (

d) and substituting the following:

(

d) the prescribed expenses under sections 4 (4) and 6 (4); , and

(

c) in paragraph (

n) by striking out "councils, that are consistent with the purposes

specified in those sections respectively;" and substituting "councils;" .

Validation of B.C. Reg. 338/96

(1) The Amalgamation of Regional Health Boards and Community Health Councils

Regulation, B.C. Reg. 338/96, is confirmed and validated effective

(

a) November 29, 1996, for B.C. Reg. 338/96 as it stood before amendment by

B.C. Reg. 361/96, and

(

b) December 13, 1996, for B.C. Reg. 338/96 as amended by B.C. Reg. 361/96.

(2) Amalgamations referred to in B.C. Reg. 338/96 are valid and effective and the

effects of these amalgamations are as set out in B.C. Reg. 338/96.

(3) Directions given by the Senior Financial Officer, Ministry of Health, under B.C.

Reg. 338/96 are valid and effective.

(4) This

section is deemed to have come into force on November 29, 1996, and is

retroactive to the extent necessary to give it effect on and after that date.

Consequential Amendments

Expropriation Act

Section 2 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by adding the

following subsection:

(5) This Act does not apply to a mandatory amalgamation

under

section 16.1 of the Health Authorities Act .

Hearing Aid Act

Section 18 of the Hearing Aid Act, R.S.B.C. 1996, c. 186, is amended by striking out "or"

at the end of paragraph (b), by adding ", or" at the end of paragraph (

c) and by adding

the following paragraph:

(

d) a board or council under the Health Authorities

Act or a community health services society, designated by the minister for

the purposes of this paragraph, incorporated under the Society Act , and

an employee of the board, council or society, so long as

(

i) the employee, board, council or society is designated by the Minister

of Health as competent to provide hearing aid service, and

(ii) the employee is acting in the course of that person's employment and

the board, council or society is acting within the scope of its

authority.

Hospital Act

Section 2 (5) to (8) of the Hospital Act, R.S.B.C. 1996, c. 200, is repealed.

Mental Health Act

Section 1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended

(

a) in the definition of "director" by striking

out "Act;" and substituting "Act or under the Patients

Property Act ;" , and

(

b) in the definition of "officer in charge of a psychiatric

unit" by striking out "Act;" and substituting

"Act or under the Patients Property Act ;" .

Section 7 is repealed.

Psychologists Act

Section 28 (1) of the Psychologists Act, R.S.B.C. 1996, c. 381, is amended by adding the

following paragraph:

(a.1) from practising a profession in the course of the person's employment with

a board or council under the Health Authorities Act or with a community

health services society, designated by the minister for the purposes of this

paragraph, incorporated under the Society Act, .

Commencement

25 This Act comes into force by regulation of the Lieutenant Governor in Council.

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