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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to November 5, 2001]
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Contents |
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Section |
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Part 2 – Regional Health Boards and Community Health Councils | |
Effect of amalgamation of a board and one or more old councils | |
| 19.911 | Form of the collective agreement |
Part 1 – Interpretation and Provincial Standards
1 In this Act:
"board" means a regional health board designated under section 4;
"community" means an area of British Columbia designated under section 6 as a community;
"community health plan" means a community health plan developed under section 7 by a council;
"council" means a community health council designated under section 6;
"designated corporation" means a corporation designated by regulation under section 21 (2);
"municipal council" means, as the context requires, a council of a municipality under the Local Government Act or the Council of the City of Vancouver under the Vancouver Charter;
"Provincial standards" means the Provincial standards established under section 3 (1);
"public body" means
(a) a health district, a local board, a Metropolitan Board of Health, a regional board or a union board as defined by section 1 of the Health Act or a municipal council acting under the Health Act,
(b) a hospital as defined by section 1 of the Hospital Act,
(c) a board, a regional hospital district board, a district, a regional hospital district, a municipal regional board or a regional board as defined by section 1 of the Hospital District Act,
(d) a Provincial mental health facility, a psychiatric unit or a society as defined by section 1 of the Mental Health Act or a mental health clinic or mental health service established by regulations under section 43 of that Act,
(d.1) the Council of the city, and the city, under the Vancouver Charter,
(e) a government corporation as defined in section 1 of the Financial Administration Act, the minister or the government, or
(f) a designated corporation;
"region" means an area of British Columbia designated under section 4 as a region;
"regional services" means the health services specified under section 5 (1) (a) (i) for a region;
"specified services" means, for a region or community, the health services, or level or extent of health service, specified under section 3 (2).
2 [Repealed 1997-23-3.]
3 (1) The minister may, by regulation, establish Provincial standards for the provision of health services.
(2) The minister may, by regulation, specify a health service, or the level or extent of health service, that must be provided in a region or community.
(3) The minister must ensure under subsections (1) and (2) that health services in British Columbia continue to be provided on a predominantly not for profit basis.
(4) The minister must not act under subsection (1) or (2) in a manner that does not satisfy the criteria described in section 7 of the Canada Health Act (Canada) respecting public administration, comprehensiveness, universality, portability and accessibility.
(5) Any grant to a board or council by the government must be made on condition that the board or council complies with all applicable regulations made under subsections (1) and (2).
Part 2 – Regional Health Boards and
Community Health Councils
4 (1) The minister may, by regulation, designate
(a) a regional health board, and
(b) an area of British Columbia that constitutes the region for the board.
(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.
(5) [Repealed 1997-23-5.]
(6) A vacancy in the membership of a board does not impair the power of the remaining members to act.
5 (1) The purposes of a board are as follows:
(a) to develop and implement a regional health plan that includes
(i) the health services provided in the region, or in a part of the region,
(ii) the type, size and location of facilities in the region,
(iii) the programs for the delivery of health services provided in the region,
(iv) the human resource requirements under the regional health plan, and
(v) the making of reports to the minister on the activities of the board in carrying out its purposes;
(b) to develop policies, set priorities, prepare and submit budgets to the minister and allocate resources for the delivery of health services, in the region, under the regional health plan;
(c) to administer and allocate grants made by the government for the provision of health services in the region;
(d) to deliver regional services through its employees or to enter into agreements with the government or other public or private bodies for the delivery of those services by those bodies;
(e) to exercise the powers and perform the duties of a council in those parts of the region for which there is not a council established under this Act;
(f) to develop and implement regional standards for the delivery of health services in the region;
(g) to monitor, evaluate and comply with Provincial and regional standards and ensure delivery of specified services applicable to the region.
(2) In carrying out its purposes, a board must give due regard to the Provincial standards and specified services.
6 (1) The minister may, by regulation, designate
(a) a community health council, and
(b) an area of British Columbia that constitutes the community for the council.
(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.
(5) A vacancy in the membership of a council does not impair the power of the remaining members to act.
7 (1) The purposes of a council are as follows:
(a) to develop a community health plan that specifies and provides for
(i) the delivery of health services in the community, and
(ii) the making of reports by the council to the minister on the activities of the council in carrying out its purposes;
(b) to coordinate and integrate health services in the community and
(i) to deliver those services through its employees, or
(ii) to enter into agreements with the government or other public or private bodies for the delivery of those services by those bodies;
(c) to operate hospitals and other facilities;
(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;
(e) to develop and implement community standards for delivery of health services in the community;
(f) to monitor, evaluate and comply with Provincial and community standards and to deliver specified services applicable to the community.
(2) In carrying out its purposes, a council must give due regard to the Provincial standards and specified services.
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.
8 (1) A board or council has the powers of a natural person of full capacity for the purposes of carrying out its powers, duties and functions under this Act.
(2) Subject to this Act and the regulations, a board or council may, by bylaw approved by the minister,
(a) determine its own procedure,
(b) provide for the control and conduct of its meetings,
(c) provide for the election of officers of the board or council, including the chair and the member to be the acting chair in the absence of the chair,
(d) establish committees and specify the functions and duties of those committees, and
(e) delegate administrative or management duties to its employees.
(3) Meetings of a board or council are open to the public, but the board or council may exclude the public from a meeting if the board or council considers that, in order to protect the interests of a person or the public interest, the desirability of avoiding disclosure of information to be presented outweighs the desirability of public disclosure of the information.
(4) The acquisition or disposal of real or personal property owned or administered by a board or council may only be done on authority of a bylaw of the board or council.
9 (1) If an order made or a standard set under this Act by a board or council conflicts with a regulation of the minister under section 3, the regulation of the minister prevails.
(2) [Repealed 1997-23-11.]
10 (1) Each council and board must establish and maintain an accounting system satisfactory to the minister and must, whenever required, render in the form specified by the minister detailed accounts of revenues and expenditures of the corporation for the period or to the day the minister designates.
(2) All books or records of account, documents and other financial records of a board or council must at all times be open for inspection by the minister or a person designated for that purpose by the minister.
(3) The Minister of Finance and Corporate Relations may direct the Comptroller General to examine and report to the Treasury Board on any or all of the financial and accounting operations of a board or council.
(4) The accounts of a board or council must, at least once in every year, be audited and reported on by an auditor who is qualified to be the auditor of a reporting company under the Company Act, and the costs of the audit must be paid by the board or council.
(5) A board or council must prepare in a form satisfactory to the minister, after the end of its fiscal year,
(a) a report of the board or council on its operations for the preceding fiscal year, and
(b) a financial statement showing the assets and liabilities of the board or council at the end of the preceding fiscal year and the income and expenditures of the board or council for that year and a statement of changes in financial position of the board or council for the year then ended.
(6) The financial statement referred to in subsection (5) must be prepared in accordance with generally accepted accounting principles and with regulations made under section 21 (2) (l).
(7) The Financial Information Act applies to each board and council.
(8) The fiscal year of each board or council is the period of 12 months beginning on April 1 in each year and ending on March 31 in the next succeeding year.
11 (1) A board or council may appoint officers and hire employees it considers necessary for the work of the board or council.
(2) The Public Service Act does not apply to a board or council or to a member, officer or employee of the board or council unless the Lieutenant Governor in Council, by order, specifies that it applies to the board or council and to some or all of the members, officers or employees of the board or council.
(3) A board or council may engage or retain specialists or consultants that the board or council considers necessary to carry out its powers, duties and functions of office and may determine their remuneration, and the Public Service Act does not apply to the retention, engagement or remuneration of those specialists or consultants.
12 and 13 [Repealed 1997-23-12.]
14 (1) No action for damages lies or may be brought against a member, officer or employee of a board or council because of anything done or omitted in good faith
(a) in the performance or intended performance of any duty under this Act, or
(b) in the exercise or intended exercise of any power under this Act.
(2) Subsection (1) does not absolve a board or council from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
15 (1) Property vested in a community health services society designated by the minister for purposes of this section, board or council is exempt from taxation under the Local Government Act, the School Act, the Taxation (Rural Area) Act and the Vancouver Charter if the property is being used for the purposes of this Act.
(2) Subsection (1) does not apply if
(a) the property was subject to taxation under the Local Government Act, the School Act, the Taxation (Rural Area) Act or the Vancouver Charter on the coming into force of this Act, and
(b) a regulation under section 21 (2) (o) does not apply.
(3) A community health services society designated by the minister for purposes of this section, board or council is exempt from taxation under the Social Service Tax Act for transactions undertaken for the purposes of this Act between the community health services society designated by the minister for purposes of this section, board or council and a public body, community health services society designated by the minister for purposes of this section, board or council.
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.
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.
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.
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.
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.
16 (1) A designated corporation and a board or council may be amalgamated under this section and, on amalgamation, are continued as the board or council.
(2) An amalgamation under subsection (1) occurs on the date specified in a written consent to the amalgamation given by
(a) the designated corporation,
(b) the board or council, and
(c) the minister.
(3) The minister must not consent under subsection (2) unless satisfied that the amalgamation is suitable for the purposes of this Act.
(4) A designated corporation must not consent under subsection (2) unless approval for the amalgamation is obtained by special resolution
(a) as defined in section 1 of the Company Act, if the designated corporation is a company as defined in section 1 of the Company Act,
(b) as defined in section 1 of the Society Act, if the designated corporation is a society as defined in section 1 of the Society Act, or
(c) if paragraphs (a) and (b) do not apply to the designated corporation, as defined by regulation under section 21 (2).
(5) On amalgamation under subsection (1)
(a) the directors and officers of the designated corporation cease to hold office in that corporation,
(b) the members of the designated corporation cease to be members of that corporation,
(c) all property and rights of the designated corporation pass to and vest in the board or council without further act or deed,
(d) the board or council is liable for all debts and obligations of the designated corporation, and
(e) a copy of a consent under subsection (2), certified by the minister, is proof that the amalgamation has occurred.
(6) On amalgamation, for each liability of a designated corporation immediately preceding amalgamation under subsection (1)
(a) the board or council is liable in the same manner and to the same extent as the designated corporation was immediately preceding the date of the amalgamation, and
(b) the board or council may sue or be sued in its own name or that of the designated corporation in any proceeding relating to the liability.
(7) On amalgamation, for each property or right of a designated corporation immediately preceding amalgamation under subsection (1)
(a) all persons are liable in the same manner and to the same extent to the board or council respecting the property or right as they were to the designated corporation immediately preceding the date of the amalgamation, and
(b) the board or council may sue or be sued in its own name or that of the designated corporation in any proceeding relating to the property or right.
(8) On amalgamation, the board or council must promptly send the Registrar of Companies a notice describing
(a) the name of the designated corporation amalgamated with the board or council,
(b) the date of the amalgamation, and
(c) any other information the Registrar of Companies may require.
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.
17 (1) In this section, "Provincial body" means, if owned by the government,
(a) a hospital as defined in section 1 of the Hospital Act,
(b) a Provincial mental health facility, a psychiatric unit or a society as defined in section 1 of the Mental Health Act or a mental health clinic or mental health service established by regulations under section 43 of that Act, or
(c) a facility or service related to medical or health care.
(2) The Lieutenant Governor in Council may, by order, dispose of a Provincial body, including land and other property of the government or Provincial body used or occupied by the Provincial body and specified in the order, to a board or council and may in the order specify the conditions for the disposition of the land and other property to the board or council.
(3) On an order under subsection (2) taking effect,
(a) the land and other property referred to in subsection (2) and described in the order pass to and vest in the board or council as provided for under that subsection without further act or deed, and
(b) a copy of the order under subsection (2) is proof that the disposition has taken place.
18 (1) The Lieutenant Governor in Council may appoint a public administrator to discharge the powers, duties and functions of a board or council under this Act if the Lieutenant Governor in Council considers this to be necessary in the public interest.
(2) On the appointment of a public administrator, the members of the board or council 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 a board or council during the transition period preceding the ending of the appointment of a public administrator, or
(c) how a board or council will operate after the ending of the appointment of a public administrator.
19 (1) Subject to subsection (2), the Company Act and the Company Clauses Act do not apply to a board or council.
(2) The Lieutenant Governor in Council may, by order, declare that provisions of the Company Act or Society Act apply to a board or council.
(3) The Lieutenant Governor in Council may prescribe that provisions of the Community Care Facility Act, Continuing Care Act, Health Act, Hospital Act, Hospital District Act, Hospital Insurance Act, Mental Health Act or Vancouver Charter respecting a public body apply to a board or council, and, for the purposes of applying the provisions to the board or council, all enactments shall be construed as referring to the board or council in place of the public body for which it substitutes.
(4) Despite subsection (3), the Lieutenant Governor in Council may not prescribe that provisions in sections 24 to 29 of the Hospital District Act apply to a board or council for the purpose of allowing the board or council to raise money by taxation, levy or requisition.
(5) If the Council of the City of Vancouver requests the establishment of a board or council, section 326 of the Vancouver Charter does not apply for the purposes of that board or council.
Part 3 – Health Sector Labour Relations
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 as a registered psychiatric nurse under the Health Professions Act or as a registered nurse under the 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.
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.
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.
19.4 (1) Subject to section 19.5, the following are the appropriate bargaining units in the health sector:
(a) residents;
(b) nurses;
(c) paramedical professionals;
(d) health services and support.
(e) [Repealed 2001-13-2.]
(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.
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.
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.
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.
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.
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 relation to the bargaining units referred to in section 19.4 (1) (a) to (c) in accordance with this section.
(3) Before the date determined by the labour relations board under subsection (2), the trade unions in each association referred to in subsection (2) (b) 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.
(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.
(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.
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.
(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.
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).
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.
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.
Part 4 – Miscellaneous Provisions
20 Section 5 of the Offence Act does not apply to this Act or to the regulations made under this Act.
21 (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 for the following purposes and respecting the following matters:
(a) to (c) [Repealed 1997-23-17.]
(d) the prescribed expenses under sections 4 (4) and 6 (4);
(e) to (g) [Repealed 1997-23-17.]
(h) the designation of corporations;
(i) the definition of "special resolution" for the purpose of section 16 (4) (c);
(j) the exemption of a public body from a duty under an enactment to the extent that a board or council has assumed that duty under this Act;
(k) the services that may be performed by a board or council, or the employee or agent of a board or council, despite a prohibition established by or under the authority of another enactment;
(l) the practices or procedures that must be followed by a board or council in the conduct of its affairs;
(m) the manner, form and amount of insurance that must be maintained by a board or council;
(n) the inclusion of further purposes under section 5 for boards, or under section 7 for councils;
(o) the exemption of community health services societies designated by the minister for the purposes of section 15, boards and councils from the obligation under an enactment to pay a fee or tax.
(3) The Lieutenant Governor in Council may make regulations
(a) to facilitate the transition of powers, duties and functions to boards and councils and the bringing into operation and effect of this Act,
(b) to facilitate an amalgamation under section 16,
(c) to enable a board or council to act under an Act referred to in section 19 (3) in place of a public body, and
(d) to enable a public body to transfer assets or liabilities to a board or council.
(4) An order made by the Lieutenant Governor in Council or the minister, or a regulation made by the Lieutenant Governor in Council, that may be made under this Act may
(a) be made with reference to one board or council, a class of boards or councils or all boards or councils, and
(b) make different provisions for each board or council or for different classes of boards or councils.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada