1997 Legislative Session: 2nd Session, 36th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.

Certified correct as passed Third Reading on the 17th day of July, 1997
Ian D. Izard, Law Clerk


BILL 20 – 1997

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

1 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 May 1, 1997 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 May 1, 1997 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.

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