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This Act is current to November 23, 2022
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Education Improvement Act

[SBC 2012] CHAPTER 3

Contents
Part 1 — Education Services Continuation
Division 1 — Interpretation
1Definitions
2Application of Labour Relations Code
Division 2 — Continuation of Services
3Services continued
4Other rights not affected
Division 3 — New Collective Agreement
5 Collective bargaining restored
6Mediation
Division 4
7Not in force
Part 2 — Education Statutes Amendments
8-23 Amendments
24Retroactive effect
25Sunset provision
26Commencement

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

Part 1 — Education Services Continuation

Division 1 — Interpretation

Definitions

1   In this Part:

"BCPSEA" means the British Columbia Public School Employers' Association;

"BCTF" means the British Columbia Teachers' Federation;

"board of education" has the same meaning as in the School Act and includes a francophone education authority as defined in the School Act;

"Code" means the Labour Relations Code;

"cooling-off period" means the period from the coming into force of section 3 until August 31, 2012;

"employee" means an employee who is a member of a bargaining unit represented by the BCTF and is an employee of an employer;

"employer" means a board of education and includes the BCPSEA;

"parties" means the BCTF and the employers.

Application of Labour Relations Code

2   (1) The Code and the regulations made under it apply in respect of a matter to which Division 2 or 3 applies, but if there is a conflict or an inconsistency between Division 2 or 3 and those enactments, Divisions 2 and 3 apply.

(2) The Labour Relations Board has exclusive jurisdiction to decide a question arising under Division 2 or 3, including any question of a conflict or an inconsistency referred to in subsection (1).

Division 2 — Continuation of Services

Services continued

3   (1) Despite the Code, immediately after the coming into force of this section and until the end of the cooling-off period,

(a) an employer must not lock out or declare a lockout of any of its employees and must terminate any lockout,

(b) the BCTF and the employees represented by the BCTF must not strike or declare a strike and must terminate any strike,

(c) every employee must continue or resume his or her full duties and work schedules of employment with the employer,

(d) any declaration, authorization or direction to go on strike given before or after the coming into force of this section becomes invalid,

(e) an officer of the BCTF or of a local of the BCTF or a representative of the BCTF or of a local of the BCTF must not in any manner impede or prevent, or attempt to impede or prevent, any person to whom paragraphs (b) or (c) apply from complying with those paragraphs, and

(f) an employer or an officer or a representative of an employer must not

(i) refuse to permit any person to whom paragraphs (a) to (c) apply to continue or resume the full duties of his or her employment, or

(ii) discharge or in any other manner discipline such a person by reason of the person having been locked out or having been on strike before the coming into force of this Act.

(2) The last collective agreement in force between the parties before the coming into force of this section is extended and is deemed to be in effect for the period from the beginning of the cooling-off period until the first of the following occurs:

(a) the employers and the BCTF conclude a collective agreement;

(b) the end of the cooling-off period.

Other rights not affected

4   Nothing in this Part affects the right of an employer to suspend, transfer, lay off, discharge or discipline an employee in accordance with the last collective agreement in force between the parties before the coming into force of this section.

Division 3 — New Collective Agreement

Collective bargaining restored

5   Within 72 hours after the coming into force of this section, the parties must continue or commence to bargain collectively in good faith and must make every reasonable effort to conclude a new collective agreement that is consistent with this Division.

Mediation

6   (1) The Minister of Education must appoint a mediator to assist the parties in settling the terms and conditions of a new collective agreement in accordance with this section.

(2) The terms of reference for the mediator are as follows:

(a) the new collective agreement must be for a term beginning on July 1, 2011 and ending on June 30, 2013;

(b) subject to subsection (5), the new collective agreement must not create new costs that would result in a net increase in the total annual cost of the collective agreement from the total annual cost of the last collective agreement in force between the parties before the coming into force of this section;

(c) the new collective agreement is to enable high-quality teaching and learning through

(i) effective feedback and evaluation of teachers to promote improvement,

(ii) alignment of professional development with teaching needs, and

(iii) scheduling and selection of teachers suited to student needs;

(d) subject to Part 3 of the Public Education Labour Relations Act, the new collective agreement is to include additional matters that may be locally negotiated between the BCTF and a board of education if those matters

(i) do not affect any other school district, and

(ii) would, in the opinion of the mediator, be more effectively negotiated as local matters;

(e) for greater certainty, the collective agreement may contain provisions referred to in section 28 (1) (a) and (b) of the School Act respecting provisions referred to in section 27 (3) (d) to (j) of that Act.

(3) The mediator or a person designated by the mediator has the powers of a hearing commission under sections 22 (1) and 23 (a), (b) and (d) of the Public Inquiry Act.

(4) On or before June 30, 2012, the mediator must

(a) advise the Minister of Education of matters that have been agreed on by the parties, and

(b) make recommendations, consistent with the terms of reference referred to in subsection (2), on any outstanding issues that remain in dispute between the parties.

(5) A question as to whether the terms and conditions of the new collective agreement or recommendations of the mediator comply with subsection (2) (b) must be determined by the chief executive officer of the Public Sector Employers' Council.

Division 4

Not in force

7   [Not in force.]

Part 2 — Education Statutes Amendments

Amendments

[Note: See Table of Legislative Changes for the status of sections 8 to 23.]

Section(s)Affected Act
8Education Services Collective Agreement Act
9Education Services Collective Agreement Amendment Act, 2004
10-11Public Education Labour Relations Act
12-23School Act

Retroactive effect

24   Despite any decision of a court to the contrary made before or after the coming into force of this section, words, phrases, provisions and parts of provisions deleted, under section 8, from a collective agreement between the British Columbia Teachers' Federation and the British Columbia Public School Employers' Association must not for any purpose, including any suit or arbitration commenced or continued before or after the coming into force of this section, be considered part of that collective agreement on or after July 1, 2002.

Sunset provision

25   Part 1 may be repealed by regulation of the Lieutenant Governor in Council.

Commencement

26   The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

ItemColumn1
Provisions of Act
Column 2
Commencement
1Anything not elsewhere covered by this tableThe date of Royal Assent
2Sections 1 to 6March 17, 2012
3Section 7By regulation of the Lieutenant Governor in Council
4Sections 8 to 10April 14, 2012
5Section 11July 1, 2013
6Section 12July 1, 2012
7Section 13April 14, 2012
8Sections 14 to 16July 1, 2012
9Sections 17 and 18April 14, 2012
10Section 19By regulation of the Lieutenant Governor in Council
11Section 20July 1, 2012
12Section 21April 14, 2012
13Sections 22 and 23July 1, 2012
14Section 24April 14, 2012