Definitions

1   In this Act:

"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;

"council" means the Public Sector Employers' Council continued under section 3;

"employers' association" means an employers' association established under section 6;

"employment compensation standard" means a standard established under section 14.2 or 14.3 (5);

"employment termination" includes the expiry, cessation, change or renewal of a contract of employment;

"employment termination standard" means a standard established under section 14.4;

"public sector employee" means a person employed by, or appointed to an office with, a public sector employer, but does not include a justice or a person appointed as a justice;

"public sector employer" means

(a) the government,

(b) unless exempted by the regulations,

(i) a corporation or an unincorporated board, commission, council, bureau, authority or similar body that has on its board of management or board of directors 50% or more members who are appointed by an Act, a minister or the Lieutenant Governor in Council, or

(ii) a subsidiary, as defined in section 1 (1) of the Business Corporations Act, of a corporation that is a public sector employer,

(c) a board of school trustees as defined in the School Act or a francophone education authority as defined in that Act,

(d) a university as defined in paragraph (a) of the definition of "university" in section 1 of the University Act,

(d.1) Royal Roads University continued under the Royal Roads University Act,

(d.2) [Repealed 2002-35-12.]

(d.3) the Thompson Rivers University,

(e) an institution as defined in the College and Institute Act and a special purpose, teaching university as defined in the University Act,

(f) a hospital as defined in the Hospital Act or an employer that is designated in the regulations as a health care employer, and

(g) an employer that is designated in the regulations as a social services employer;

"public service sector" means the government and the employees of the government;

"sector" means all the employers referred to in a paragraph of the definition of "public sector employer" and the employees of those employers.

Purposes of Act

2   The purposes of this Act are

(a) to ensure the coordination of human resource and labour relations policies and practices among public sector employers, and

(b) to improve communication and coordination between public sector employers and representatives of public sector employees.

Public Sector Employers' Council

3   (1) The Public Sector Employers' Council is continued.

(2) The council consists of the minister and the following members appointed by the Lieutenant Governor in Council:

(a) not more than 7 persons each of whom is either a member of the Executive Council or a deputy minister;

(b) a person nominated by each of the employers' associations established under Part 3;

(c) the agency head appointed under the Public Service Act.

(3) The minister is the chair of the council.

(4) The chair may authorize another member of the Executive Council to act as chair of the council during the chair's absence from a meeting of the council.

(5) A member of the Executive Council other than the minister may authorize a deputy minister or other employee of the government to represent the member of the Executive Council at a meeting of the council.

(6) If an employers' association fails to nominate a person for the purpose of subsection (2) (b), the Lieutenant Governor in Council may appoint a person to represent the employers' association on the council.

(7) A representative of the Union of British Columbia Municipalities may attend meetings of the council as an observer.

Functions of the council

4   (1) The functions of the council are

(a) to set and coordinate strategic directions in human resource management and labour relations,

(b) to advise the government on human resource issues with respect to the public sector, and

(c) to provide a forum to enable public sector employers to plan solutions to human resource issues,

consistent with cost efficient and effective delivery of services in the public sector.

(2) In addition, it is a function of the council to enable representatives of public sector employees to consult with public sector employers on policy issues that directly affect the employees.

Council access to employment information

4.1   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 compensation standards and employment termination standards.

Repealed

4.2   [Repealed 2002-64-2.]

Employees of the council

5   (1) The council may employ a chief executive officer and other officers and employees it considers necessary for the purposes of this Act, and may determine their duties, conditions of employment and remuneration.

(2) The council may retain consultants, experts and specialists and set the remuneration of the persons retained and the terms and conditions of the retainers.

(3) and (4) [Repealed 1999-44-97.]

Public Sector Employers' Associations

6   (1) An employers' association must be established for each sector other than the public service sector.

(2) The purposes of an employers' association are to coordinate the following with respect to a sector:

(a) compensation for employees who are not subject to collective agreements;

(b) benefit administration;

(c) human resource practices;

(d) collective bargaining objectives.

(3) In addition, it is a purpose of an employers' association

(a) to foster consultation between the association and representatives of employees in that sector, and

(b) to assist the council in carrying out any objectives and strategic directions established by the council for the employers' association.

(4) Every public sector employer referred to in paragraphs (b) to (g) of the definition of "public sector employer" must become and remain a member of the employers' association for the sector that applies to that employer.

Requirements

7   (1) Every employers' association must do the following:

(a) make provision for the representation of the government on the board of directors of the association;

(b) make provision to levy fees and assessments from its members for the purposes referred to in section 6;

(c) have a properly constituted board of directors and bylaws or rules considered necessary by the minister for the administration and management of the employers' association;

(c.1) comply with any strategic direction that is set by the council in the exercise of its functions under section 4 and that is of general application or applies specifically to that association;

(c.2) with respect to persons who are employed by the association and who are not subject to a collective agreement, comply

(i) as if it were a public sector employer, with any employment compensation standard or employment termination standard that is of general application, or

(ii) with any employment compensation standard that the minister may establish, under section 14.3, specifically for those persons or that association;

(c.3) provide, without charge, to the council copies of

(i) contracts of employment relating to persons who are employed by the association and who are not subject to a collective agreement, and

(ii) other information that the council requests for the purpose of monitoring compliance with paragraph (c.2);

(d) comply with any further conditions prescribed by the Lieutenant Governor in Council.

(2) If authorized to do so by its bylaws or rules, an employers' association may levy additional fees or assessments for the provision of other services for its members.

(3) An employers' association may bargain collectively on behalf of its members if authorized to do so under section 43 of the Labour Relations Code, section 12 of this Act or any other enactment.

(4) Despite any other Act, the constitution and bylaws or rules of the employers' association are not effective until approved by the minister.

(5) Despite the Societies Act, an employers' association must not exercise any of the borrowing powers conferred by the Societies Act without the prior approval of the minister.

Repealed

8   [Repealed 2002-48-62.]

Minister may require that bylaws and constitution be revised

8.1   (1) Despite the Societies Act, the minister may request an employers' association to

(a) amend or repeal an existing bylaw or rule or make a new bylaw or rule, or

(b) amend or repeal a provision of its constitution or make a new provision of its constitution.

(2) If an employers' association does not comply with the minister's request under subsection (1) within 60 days after the date of the request, the Lieutenant Governor in Council, in accordance with the request, may

(a) amend or repeal the existing bylaw or rule or make the new bylaw or rule, or

(b) amend or repeal the existing provision of the constitution or make the new provision of the constitution.

(3) A bylaw or rule may not be made, amended or repealed under subsection (2) (a) unless notice of the proposed bylaw, rule, amendment or repeal is given to the employers' association

(a) at least 30 days before the bylaw, rule, amendment or repeal comes into force, or

(b) within a period shorter than that set out in paragraph (a) that the minister considers appropriate in the circumstances.

(4) A provision of the constitution of an employers' association may not be made, amended or repealed under subsection (2) (b) unless notice of the proposed provision, amendment or repeal is given to the employers' association

(a) at least 30 days before the provision, amendment or repeal comes into force, or

(b) within a period shorter than that set out in paragraph (a) that the minister considers appropriate in the circumstances.

Application of the Societies Act to employers' associations

9   (1) Sections 42 (2), 50 and 84 (2) of the Societies Act do not apply to an employers' association.

(2) A member of an employers' association has the votes and may vote in the manner set out in the association's bylaws.

(3) The government may appoint to the board of directors of an employers' association the number of directors provided for in the bylaws of the association and the members of the association may, in accordance with those bylaws, nominate, elect or appoint the remaining directors.

(4) A director of an employers' association may be removed from office, and another director may be elected or appointed to serve during the balance of the term, in the manner provided for in the association's bylaws.

(5) A reference in the Societies Act to a special resolution is, when read in relation to an employers' association established under this Act, to be read as a reference to

(a) a special resolution as defined in the association's bylaws, or

(b) if those bylaws do not define a special resolution, a special resolution as defined in the Societies Act.

(6) If there is a conflict between a provision of this Act and a provision of the Societies Act, the provision of this Act prevails.

Appointment of public administrator

9.1   (1) The Lieutenant Governor in Council may appoint a public administrator to discharge the powers, duties and functions of a board of directors of an employers' association if the Lieutenant Governor in Council considers this necessary in the public interest.

(2) On appointment of a public administrator, the members of the board of directors cease to hold office unless otherwise ordered by the Lieutenant Governor in Council.

(3) The Lieutenant Governor in Council may specify

(a) the powers, duties and responsibilities of a public administrator appointed under this section,

(b) the terms and conditions for management of the property and affairs of the employers' association by a public administrator, or

(c) how the employers' association will operate after the termination of the appointment of a public administrator.

Definitions

10   In this Division:

"board" means the Labour Relations Board under the Code;

"Code" means the Labour Relations Code;

"organization" means an organization formed under section 13.

Accreditation for collective bargaining

11   (1) An employers' association or 2 or more members of an employers' association may apply to the board for accreditation under section 43 of the Code.

(2) In addition to its other purposes under this Act, an employers' association that is accredited under the Code has the purpose of acting as bargaining agent for the members of the employers' association that are named in the accreditation.

Direction by minister

12   (1) Subject to subsection (2), the minister may, on application of 2 or more employers that are members of an employers' association or on the minister's own motion and after the investigation considered necessary or advisable, direct the board to consider whether in a particular case an employers' association or any group of employers in an employers' association would be an appropriate bargaining agent for the employers in a sector or a part of a sector.

(2) The minister must not make a direction under this section unless

(a) an employers' association or any employers that are members of an employers' association have at any time before or after the commencement of this Act made an application for accreditation under section 43 of the Code or any predecessor to that section, and

(b) the minister considers that the direction is necessary to secure and maintain industrial peace and promote conditions favourable to settlement of disputes.

(3) If a direction is made under subsection (1), the board must determine whether the employers' association or any group of employers in the employers' association is appropriate for collective bargaining for the employers in the sector or part of the sector and must make any other examination of records, inquiry or findings including the holding of hearings it considers necessary to determine the matter.

(4) The board must make its determination under subsection (1) within the time period specified by the minister.

(5) After a determination under subsection (3) and if the board considers it necessary or advisable, the board may recommend to the minister that the employers' association or any group of employers in the employers' association should be the bargaining agent for all or any of the employers in the sector.

(6) When the minister receives a recommendation from the board, the minister may direct that the employers' association or any group of employers in the employers' association has exclusive authority to bargain collectively for the employers who are named by the minister and to bind those employers by collective agreement.

(7) The board may modify or cancel an accreditation under section 43 of the Code to reflect a direction under subsection (6).

(8) The minister may cancel or modify a direction under subsection (6).

Collective bargaining by part of employers' association

13   (1) If the minister makes a direction under section 12 with respect to a group of employers in an employers' association, the employers in that group must form an organization for the purpose of allowing them to participate in collective bargaining as if they were named in an accreditation under section 43 of the Code.

(2) In addition, it is a purpose of an organization to assist the employers' association in carrying out any objectives and strategic directions established by the employers' association for the organization.

(3) An organization must establish a constitution and bylaws or rules that are satisfactory to the minister to enable the organization to participate in collective bargaining.

(4) If, in the opinion of the minister, an organization is unable or unlikely to establish a constitution and bylaws or rules that are satisfactory to the minister, the minister may recommend that the rules for the organization be prescribed by the Lieutenant Governor in Council.

(5) When the constitution and bylaws or rules of an organization are prescribed, they apply to the organization as if they were established and approved under subsection (3).

(6) An organization may levy fees or assessments from the employers in the organization for the purpose of participating in collective bargaining.

Application of Labour Relations Code

14   (1) Sections 12 and 13 apply despite sections 43 and 44 of the Code.

(2) The provisions of the Code respecting multi-employer bargaining other than sections 43 and 44 of the Code apply to an employers' association or organization that receives its authority to bargain collectively under section 13.

Definitions

14.1   In this Part:

"compensation" includes all remuneration provided to an employee by a public sector employer for service with the employer, whether in the form of money or other benefit;

"effective date" means the date on which the Public Sector Employers Amendment Act, 2002 receives first reading in the Legislative Assembly;

"employee" means a public sector employee who is excluded from membership in a bargaining unit.

Vacation leave and sick leave standards

14.2   (1) Except as provided under subsection (2), an employee is not entitled to

(a) bank, accumulate or carry forward to subsequent employment years any unused vacation leave benefits attributable to any previous employment year, or

(b) be paid out for unused vacation leave for an employment year.

(2) An employee who has unused vacation days for an employment year may, to the extent that the contract of employment allows the carrying forward of unused vacation days,

(a) be paid out for the unused vacation days in the form of a lump sum cash payment in the employment year immediately following the employment year for which the unused vacation leave is attributable,

(b) carry forward the unused vacation days and use them for vacation leave in the employment year immediately following the employment year for which the unused vacation leave is attributable, or

(c) in the employment year immediately following the employment year for which the unused vacation leave is attributable, in part, be paid out under paragraph (a) and, in part, carry forward unused vacation days and use them for vacation leave under paragraph (b).

(3) In respect of sick leave benefits that allow an employee to bank, accumulate or carry forward unused sick days for an employment year, the employee is not entitled to be paid out for any unused sick day in the form of

(a) additional vacation leave, or

(b) a cash payment or any other benefit, other than sick leave.

(4) Subsections (1) to (3) do not apply in relation to an employee's vacation leave benefits or sick leave benefits banked or accumulated on or before December 31, 2002.

(5) The provisions of this section

(a) are deemed to be employment compensation standards for the purposes of this Act, and

(b) are deemed to be included in employees' contracts of employment that are in force on January 1, 2003 or are commenced, changed or renewed on or after that date.

(6) Effective January 1, 2003, any provision of a contract of employment referred to in subsection (5) (b) that conflicts or is inconsistent with an employment compensation standard established by this section is void to the extent of the conflict or inconsistency.

Other compensation standards

14.3   (1) The minister may direct an employers' association or a public sector employer to prepare

(a) one or more compensation plans respecting compensation that will be provided to

(i) employees in the sector or within the employ of the public sector employer, or

(ii) persons employed by the employers' association and who are not subject to a collective agreement, and

(b) a report in respect of each compensation plan required under paragraph (a) describing, in accordance with the minister's directions,

(i) the methodology used in devising the plan, and

(ii) how the employers' association or public sector employer intends to implement and monitor the compensation plan.

(2) The minister may do one or more of the following for the purposes of a direction issued under subsection (1):

(a) make the direction specific to one or more employees or persons referred to in subsection (1) (a) and, for this purpose, may specify a position or an occupation or categories of positions or occupations;

(b) prescribe information that must be included in a compensation plan;

(c) without limiting paragraph (b), require that the employers' association or public sector employer include in the plan

(i) a detailed description of the nature, amount and range of compensation that will be provided to the employees or persons in respect of whom the plan applies, and

(ii) any other information the minister considers appropriate;

(d) prescribe information that must be included in a report referred to in subsection (1) (b);

(e) without limiting paragraph (d), require that the employers' association or public sector employer include in the report

(i) comparisons of actual compensation provided to persons employed in the same or a similar sector, position or occupation, whether those persons are employed in the public sector or the private sector, as considered appropriate by the minister, and

(ii) any other information the minister considers appropriate;

(f) specify the form and manner in which a compensation plan and the report in respect of it are to be prepared and submitted for review by the minister.

(3) The minister may issue different directions under subsection (1) for different employers' associations, public sector employers, public sector employees or persons referred to in paragraph (a) of that subsection.

(4) If directed to prepare a compensation plan and report under this section, the employers' association or public sector employer in respect of whom the direction is issued must, in accordance with the minister's direction,

(a) prepare the plan and report, and

(b) submit them for review by the minister.

(5) If, following a review of a compensation plan, the plan is approved by the minister, that compensation plan is adopted as an employment compensation standard on that approval.

(6) On the minister issuing a direction to an employers' association or a public sector employer under subsection (1), no increase in compensation may be provided to employees or persons in positions or occupations in respect of which the direction is issued unless

(a) a compensation plan in respect of those employees or persons is approved by the minister and the increase in compensation is consistent with the applicable employment compensation standard resulting from the operation of subsection (5),

(b) the increase in compensation was agreed to before the date on which the minister issues the direction and the increase in compensation is consistent with the applicable employment compensation standard, if any, that was in force and effect before the issuance of the direction,

(c) the increase is the result of a change in an employee's or person's position within a range of positions that was established for the sector, employee or person before the issuance of the direction, or

(d) the increase is within a range of compensation that was established for the employee's or person's position before the issuance of the direction.

(7) This section does not apply in respect of compensation that will be provided to a directeur général or superintendent who is appointed under the School Act by a francophone education authority or board of education, as the case may be.

Employment termination standards

14.4   (1) The Lieutenant Governor in Council may, by regulation, establish employment termination standards for an employee.

(2) In making regulations under subsection (1), the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to the council, the Treasury Board, an employers' association, a public sector employer or the minister;

(b) confer a discretion on the council, the Treasury Board, an employers' association, a public sector employer or the minister;

(c) establish different standards for different public sector employers or public sector employees;

(d) specify positions or occupations or categories of positions or occupations for the purpose of paragraph (c).

(3) If the Lieutenant Governor in Council establishes an employment termination standard by regulation under subsection (1), effective on the date on which the regulation comes into force,

(a) the standard is deemed to be included in all applicable contracts of employment that are commenced, changed or renewed on or after that date, and

(b) any provision of an applicable contract of employment referred to in paragraph (a) that conflicts or is inconsistent with the standard is void to the extent of the conflict or inconsistency.

(4) The Employment Termination Standards regulation (B.C. Reg. 379/97) made under this Act before the commencement of this section continues, as amended by this section, and is deemed to have been made under this section.

(5) On the effective date,

(a) the Employment Termination Standards regulation (B.C. Reg. 379/97) is deemed to have been amended as set out in the Schedule to the Public Sector Employers Amendment Act, 2002,

(b) the employment termination standards set out in that regulation are deemed to be included in all applicable contracts of employment that are in force on the effective date or are commenced, changed or renewed on or after that date, and

(c) any provision of an applicable contract of employment referred to in paragraph (b) that conflicts or is inconsistent with any of those standards is void to the extent of the conflict or inconsistency.

(6) Subsection (5) is retroactive to the extent necessary to give it force and effect on and after the effective date.

(7) The amendment to section 5 (2) of the Employment Termination Standards regulation (B.C. Reg. 379/97) made under this section does not apply in relation to an employee with whom a contract of employment was entered into before the effective date and which contract of employment is for a definite term unless that contract of employment is changed or renewed on or after the effective date.

Definition and application

14.5   (1) In this Division, "senior employee" means an employee who

(a) earns a base salary above a prescribed amount, and

(b) is not employed in a prescribed position or occupation or category of positions or occupations that may be excluded from the application of this Division.

(2) For the purpose of the definition of "senior employee", the Lieutenant Governor in Council may make regulations

(a) prescribing an amount for the purpose of paragraph (a) of that definition, and

(b) prescribing positions or occupations or categories of positions or occupations for the purpose of paragraph (b) of that definition.

(3) This Division applies to a senior employee's contract of employment that is in force on the effective date or entered into on or after that date.

Compensation information to be specified and provided

14.6   (1) For each senior employee, a public sector employer must provide for the chief executive officer of the council a report specifying all the terms and conditions of employment relating to the senior employee's compensation.

(2) If any change is made to the terms and conditions of employment relating to a senior employee's compensation, the public sector employer must provide for the chief executive officer of the council a revised report specifying each change made to those terms and conditions.

(3) The terms and conditions referred to in subsection (1) and any changes to them must be specified and provided in a form and in a manner acceptable to the chief executive officer of the council.

Filing of contracts of employment and compensation information

14.7   (1) A public sector employer must file with the chief executive officer of the council a report required to be provided in relation to a senior employee under section 14.6 together with a copy of the written contract of employment, if any, for the senior employee

(a) within 15 days after the contract of employment is entered into, and

(b) within 15 days of any change to a term or condition of the senior employee's contract of employment that relates to compensation.

(2) In the case of a contract of employment entered into before this section comes into force, the public sector employer must file the report and copy described in subsection (1) with the chief executive officer of the council before March 31, 2003.

(3) A public sector employer must provide the chief executive officer of the council with any information the chief executive officer of the council may require to be satisfied that a copy of a written contract of employment is a true copy or that the report described in subsection (1) or (2) includes complete and accurate information regarding the terms and conditions of employment.

(4) If a public sector employer fails to comply with subsection (1), (2) or (3), the minister may declare all or part of the contract of employment to be void and on that declaration the contract of employment or part of it, as the case may be, is deemed to be void.

Contracts of employment are public documents

14.8   (1) A provision of a contract of employment that all or part of the contract is to remain confidential is void.

(2) Each senior employee's contract of employment is deemed to include a provision that the contract is a public document and the public sector employer must make the contract, together with any report filed with the chief executive officer of the council in relation to it, available for public inspection in accordance with this section.

(3) A public sector employer must, by both of the following means, make available to the public all information in contracts of employment and reports referred to in subsection (2) that would otherwise be available to an applicant making a request under the Freedom of Information and Protection of Privacy Act:

(a) posting the information on a publicly accessible website maintained by or on behalf of the public sector employer;

(b) having the information available for public inspection in the office of the public sector employer during regular office hours.

(4) Information must be posted and made available under subsection (3) in the form and manner and at such times required by the chief executive officer of the council.

(5) The chief executive officer of the council may do any of the following:

(a) prepare a report respecting senior employee compensation information reported under subsection (3) (a) and (b);

(b) make the report available to the public by one or both of the following means:

(i) posting the report on a publicly accessible website maintained by or on behalf of the chief executive officer;

(ii) having the information available for public inspection in the office of the chief executive officer during regular office hours.

Members of tribunals

14.9   (1) Division 3 of this Part does not apply to

(a) the chief coroner and deputy chief coroner under the Coroners Act,

(b) the fire commissioner under the Fire Safety Act,

(c) [Repealed 2006-35-115.]

(d) a director of the Workers' Compensation Board under the Workers Compensation Act, or

(e) a person who is a member of a tribunal designated in the Schedule, when the person is acting in the person's capacity as a member of the tribunal.

(2) The Lieutenant Governor in Council may, by regulation, add a tribunal to the Schedule.

(3) The appointment of a person referred to in subsection (1) may be terminated without notice before the end of the term of their appointment on payment of the lesser of

(a) 12 months' compensation, or

(b) the compensation in an amount equal to the remuneration otherwise owing until the end of the term.

(4) An amount paid under subsection (3) must be in the form of periodic payments unless the employer, in its sole discretion, considers a lump sum payment to be more appropriate.

(5) For greater certainty, the Lieutenant Governor in Council may, for the designated tribunals referred to in the Schedule, prescribe further employment termination standards that are not inconsistent with this section.

Power to make regulations

15   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) designating or exempting employers for the purposes of the definition of "public sector employer";

(b) respecting the information that must be provided to the council to enable it to carry on its purposes under section 4;

(c) prescribing conditions for the purposes of section 7 (1);

(d) prescribing the constitution and bylaws or rules of an employers' association or an organization formed under section 13.

Compliance with Part 3.1

15.1   (1) If, after the effective date of Part 3.1, a person accepts money or receives a benefit from a public sector employer that exceeds the amount or benefit permitted by that Part or by a regulation under that Part, 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) Subsection (1) does not apply if the public sector employer referred to in that subsection recovers the excess money or cost within

(a) the year after the date on which the person accepts the money or receives the benefit that exceeds the amount or benefit permitted by Part 3.1 or by a regulation under that Part, or

(b) a longer period specified by the minister.

Transitional — regulations

16   (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation this Act and to obviate any transitional difficulties encountered in so doing.

(2) Without limiting subsection (1), 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 Act.

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