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2001 Legislative Session: 5th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE CORKY EVANS

MINISTER OF HEALTH AND

MINISTER RESPONSIBLE FOR SENIORS

BILL 23 – 2001

HEALTH AUTHORITIES AMENDMENT ACT, 2001

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

Section 19.1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended in the definition of

"nurse" by striking out "under the Nurses (Registered Psychiatric) Act or

Nurses (Registered) Act" and substituting "as a registered psychiatric nurse under the

Health Professions Act or as a registered nurse under the Nurses (Registered) Act" .

Section 19.4 (1) is amended

(

a) by striking out "The following" and substituting "Subject to

section 19.5, the

following" , and

(

b) by repealing paragraphs (

d) and (

e) and substituting the following:

(

d) health services and support.

Section 19.5 is repealed and the following substituted:

Appropriateness of bargaining units

19.5 The labour relations board may consider the continued appropriateness of any bargaining unit in the health sector and may vary a bargaining unit described in

section 19.4 (1) or establish a new bargaining unit.

Section 19.9 is amended

(

a) in subsection (2) (

b) by adding "in relation to the bargaining units referred to in

section 19.4 (1) (

a) to (c)"

after "formed" ,

(

b) in subsection (3) by adding "referred to in subsection (2) (b)"

after "in each association" , and

(

c) by adding the following subsections:

(5.1) On a date determined by the labour relations board, but no later than 6 months after the date on which this subsection comes into force, a new association of bargaining agents must be formed in relation to the bargaining unit referred to in

section 19.4 (1) (d).

(5.2) Subsections (3), (4) and (5) apply to the association referred to in subsection (5.1) and to the trade unions certified as bargaining agents for any of the employees in the bargaining unit referred to in

section 19.4 (1) (

d) and, for that purpose, a reference in subsection (3), (4) or (5) to the date determined by the labour relations board under subsection (2) is deemed to be a reference to the date determined by the labour relations board under subsection (5.1).

(5.3) Despite subsection (5.2), articles of association for the association referred to in that subsection must provide that all decisions of the association require the approval of at least 2 voting members of the association.

Section 19.91 is amended by adding the following subsection:

(3) Despite any other provision of this Part, unless otherwise agreed to by HEABC and the association referred to in

section 19.9 (5.1), each collective agreement existing on the date on which this subsection comes into force that applies to employees in the health services and support bargaining unit continues to apply for the term of the collective agreement and for any extension or continuation under any enactment or under the provisions of the collective agreement.

6 The following

section is added:

Form of the collective agreement

19.911

(1) Each collective agreement entered into for the health services and support bargaining unit by HEABC and the association referred to in

section 19.9 (5.1) must consist of the following component agreements:

(

a) a master agreement containing provisions that deal with issues common to the facility subsector and the community subsector;

(

b) a subsectoral agreement for the community subsector containing provisions that apply to the community subsector;

(

c) a subsectoral agreement for the facilities subsector containing provisions that apply to the facility subsector.

(2) The agreements that constitute the components of a collective agreement under subsection (1) must collectively contain all of the provisions of the collective agreement that are applicable to the employees in the health services and support bargaining unit.

(3) This

section does not apply to a collective agreement referred to in

section 19.91 (3).

Transitional – Health Authorities Act

(1) Without limiting

section 19.93 of the Health Authorities Act, the Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing this Act into operation and to resolve any transitional difficulties encountered in so doing.

(2) Unless earlier repealed, a regulation under subsection (1) is repealed one year after it is enacted.

(3) This

section is repealed on the first anniversary of the date on which this

section comes into force.

Commencement

8 This Act comes into force on July 1, 2001 or an earlier date set by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Health Authorities Act, amends

section 19.1] harmonizes the definition of

"nurse" with the new legislation under which registered psychiatric nurses are

authorized to practise.

SECTION 2: [Health Authorities Act, amends

section 19.4 (1)] makes the appropriateness

of the bargaining units referred to in

section 19.4 of the Health Authorities Act

subject to a contrary determination by the Labour Relations Board under

section 19.5 of that Act as enacted by this Bill, and reflects the consolidation

of the health services and support – facilities subsector bargaining unit and the

health services and support – community subsector bargaining unit into the

health services and support bargaining unit.

SECTION 3: [Health Authorities Act, re-enacts

section 19.5] provides to the Labour

Relations Board the power to vary a bargaining unit established under

section 19.4 of the Health Authorities Act or to establish new bargaining units.

SECTION 4: [Health Authorities Act, amends

section 19.9] requires the creation of a new

association of bargaining agents for the health services and support bargaining

unit and provides for the preparation of articles for that association.

SECTION 5: [Health Authorities Act, adds

section 19.91 (3)] provides for the continuation

of existing collective agreements applicable to the health services and support

bargaining unit until such time as new collective agreements are reached.

SECTION 6: [Health Authorities Act, enacts

section 19.911] requires each subsequent

collective agreement entered into for the health services and support

bargaining unit to consist of a master agreement and two subsectoral agreements

which, collectively, include all of the provisions of the collective

agreement that are applicable to the employees in the health services and

support bargaining unit.

SECTION 7: [Transitional – Health Authorities Act ] allows for regulations to be made to

facilitate the transition effected by this Bill.

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