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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE JOY K. MacPHAIL

MINISTER OF HEALTH AND

MINISTER RESPONSIBLE

FOR SENIORS

BILL 20 – 1997

PUBLIC SECTOR EMPLOYERS

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:

Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by adding

the following

definitions:

"contract of employment" means a policy or contract,

whether written or oral, express or implied, with respect to or containing terms

of employment between a public sector employer and an employee or a class of

employee;

"employment termination" includes the expiry, cessation,

change or renewal of a contract of employment;

"employment termination standards" means the standards

established by the council under

section 4.1; .

2 The following sections are added:

Employment termination standards for exempt employees

4.1

(1) The council may establish employment termination

standards for persons who are employed by a public sector employer and who are

not subject to a collective agreement.

(2) Employment termination standards may be retroactive to a date on or after the

date on which the Public Sector Employers Amendment Act, 1997 receives First

Reading in the Legislative Assembly and if made retroactive are deemed to be

effective on the date specified in the standards.

(3) Employment termination standards may be of general application or may apply

to one or more public sector employers and persons employed by them as set out

in the standards.

(4) A public sector employer must provide, without charge, to the council copies of

contracts of employment and other information that the council requests for the

purpose of monitoring compliance with employment termination standards or

assisting the council in the development and revision of employment termination

standards.

Employment termination standards regulation

4.2

(1) The Lieutenant Governor in Council may,

by regulation, adopt an employment termination standard for the purpose of this

section.

(2) A regulation under subsection (1) may be made retroactive to a date on or after

the date on which the Public Sector Employers Amendment Act, 1997 receives

First Reading in the Legislative Assembly and if made retroactive is deemed to

be effective on the date specified in the regulation.

(3) If the Lieutenant Governor in Council adopts an employment termination

standard by regulation under subsection (1),

(

a) the regulation is deemed to be included in all contracts of employment

commenced, changed or renewed on or after the effective date of the

regulation, and

(

b) any provision in a contract of employment commenced, changed or

renewed after the effective date of the regulation that is inconsistent with the

regulation is of no force or effect.

3 The following

section is added to

Part 4:

Compliance with the regulated standard

15.1

(1) If, after the effective date of a regulation

under

section 4.2, a public sector employer pays money or confers a benefit

or a person accepts money or receives a benefit that exceeds the amount or benefit

permitted by the regulation, the excess money or cost to the employer of the

benefit is a debt that is payable to the government by the person who receives

the amount or benefit.

(2) No action lies and no proceedings may be brought against a public sector

employer by a person who receives an amount or benefit conferred contrary to a

regulation under

section 4.2.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

SECTION 1: [Public Sector Employers Act, amends

section 1] adds

definitions of "employment termination" and "employment termination standards".

SECTION 2: [Public Sector Employers Act, enacts sections 4.1 and 4.2]

allows the Public Sector Employers Council to establish employment termination standards for employers of public sector employers who are not governed by a collective agreement and requires public sector employers to provide information for the purpose of developing and monitoring employment termination standards;

authorizes the Lieutenant Governor to adopt employment termination standards by regulation and provides that provisions that do not comply with the regulations are void.

SECTION 3: [Public Sector Employers Act, enacts

section 15.1] provides that money or

benefits paid in excess of the employment termination standards adopted by

regulation must be repaid to the government and protects public sector

employers from legal action by employees who are required to make repayments.

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