BILL 94 – 2003
HEALTH SECTOR PARTNERSHIPS AGREEMENT ACT
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Definitions
1 In this Act:
"Code" means the Labour Relations Code;
"designated health care facility" means a health care facility that is designated under section 2 (b);
"designated health services professional" has the same meaning as in section 6 (1) of the Health and Social Services Delivery Improvement Act;
"designated private sector partner" means, in relation to a designated health care facility, the private sector partner referred to in section 2 (a);
"health care facility" means a facility from which any of the following services are provided:
(a) medical, diagnostic or therapeutic services;
(b) acute, extended, palliative, rehabilitative, long term, community or assisted living care services;
"health sector partner" means any of the following:
(a) a member of the Health Employers Association of British Columbia established under section 6 of the Public Sector Employers Act;
(b) a partnership of, or joint venture between,
(i) members referred to in paragraph (a),
(ii) subsidiaries of those members, or
(iii) one or more of those members and one or more of their subsidiaries;
(c) a partnership of, or joint venture between, one or more health sector partners in paragraph (a) or (b) and one or more private sector partners;
"labour relations board" means the Labour Relations Board established under the Code;
"non-clinical services" has the same meaning as in section 6 (1) of the Health and Social Services Delivery Improvement Act;
"private sector partner" means a person who is not a health sector partner.
Application of this Act
2 This Act applies if
(a) a health sector partner enters into an agreement with a private sector partner under which agreement the private sector partner agrees to
(i) provide capital for building, modifying or renovating a health care facility or any part of it, or for equipment to support services delivered in the health care facility or any part of it, and
(ii) provide one or more non-clinical services at or for that health care facility or any part of it, and
(b) that health care facility is designated by regulation for the purposes of this Act.
Designated private sector partner is true employer
3 The labour relations board or an arbitrator appointed under the Code or under a collective agreement must not declare a person who
(a) is an employee of the designated private sector partner, and
(b) provides non-clinical services under the agreement referred to in section 2 (a)
to be an employee of a health sector partner unless the health sector partner intended the employee to be fully integrated with its operations and working under its direct supervision and control.
Contracting outside of designated private sector
partner's collective agreement
4 (1) A collective agreement between a designated private sector partner and a trade union representing employees of the designated private sector partner must not contain a provision that in any manner restricts, limits or regulates the right of the designated private sector partner to contract outside of the collective agreement for the provision of non-clinical services at or for a designated health care facility.
(2) The labour relations board or an arbitrator appointed under the Code or under a collective agreement must not declare a person who
(a) provides non-clinical services at or for a designated health care facility under a contract between a designated private sector partner and another person, and
(b) is an employee of the other person
to be an employee of the designated private sector partner, or of a health sector partner, unless the designated private sector partner or the health sector partner intended the employee to be fully integrated with the operations of the designated private sector partner or the health sector partner, as the case may be, and intended the employee to be working under its direct supervision and control.
(3) A provision in a collective agreement referred to in subsection (1) requiring a person to consult with a trade union prior to contracting outside of the collective agreement for the provision of non-clinical services at or for a designated health care facility is void.
(4) A collective agreement does not bind, and section 35 of the Code does not apply to, a person who contracts with a designated private sector partner for the provision of non-clinical services at or for a designated health care facility.
(5) A designated private sector partner must not be treated under section 38 of the Code as one employer with the person referred to in subsection (4) of this section.
Contracting outside of contractor's collective agreement
5 (1) In this section, "contractor" means a person who contracts with a designated private sector partner for the provision of non-clinical services at or for a designated health care facility, and includes any other person who contracts with that contractor for the provision of those non-clinical services.
(2) A collective agreement between a contractor and a trade union representing employees of the contractor must not contain a provision that in any manner restricts, limits or regulates the right of the contractor to contract outside of the collective agreement for the provision of non-clinical services at or for a designated health care facility.
(3) The labour relations board or an arbitrator appointed under the Code or under a collective agreement must not declare a person who
(a) provides non-clinical services at or for a designated health care facility under a contract between a contractor and another person, and
(b) is an employee of the other person
to be an employee of the contractor, of a designated private sector partner or of a health sector partner, unless the contractor, the designated private sector partner or the health sector partner intended the employee to be fully integrated with the operations of the contractor, the designated private sector partner or the health sector partner, as the case may be, and intended the employee to be working under its direct supervision and control.
(4) A provision in a collective agreement referred to in subsection (2) requiring a person to consult with a trade union prior to contracting outside of the collective agreement for the provision of non-clinical services at or for a designated health care facility is void.
(5) A collective agreement does not bind, and section 35 of the Code does not apply to, a person who contracts with a contractor for the provision of non-clinical services at or for a designated health care facility.
(6) A contractor must not be treated under section 38 of the Code as one employer with the person referred to in subsection (5) of this section.
Act prevails over collective agreements
6 (1) A collective agreement that conflicts or is inconsistent with this Act is void to the extent of the conflict or inconsistency.
(2) A provision of a collective agreement that
(a) requires a designated private sector partner or a contractor under section 5 to negotiate with a trade union to replace provisions of the agreement that are void as a result of subsection (1) of this section, or
(b) authorizes or requires the labour relations board, an arbitrator or any person to replace, amend or modify provisions of the agreement that are void as a result of subsection (1) of this section,
is void to the extent that the provision relates to a matter prohibited under this Act.
Application of the Code
7 (1) The Code and the regulations made under it apply in respect of the matters to which this Act applies, but if there is a conflict or an inconsistency between this Act and those enactments, this Act applies.
(2) Except as specifically provided in this Act, the labour relations board has exclusive jurisdiction to determine a question arising under this Act.
(3) Despite subsection (2), the labour relations board must not, before it makes a designation, decision or order, require a designated private sector partner or a contractor under section 5 to do anything or to refrain from doing anything that the designated private sector partner or the contractor is doing or is not doing in the exercise or purported exercise of a right or capacity referred to in this Act.
Application of Canada Health Act
8 The criteria referred to in section 7 of the Canada Health Act respecting public administration, comprehensiveness, universality, portability and accessibility prevail in the event of a conflict or an inconsistency with this Act.
No action for damages
9 No action for damages or compensation may be brought against the government or any person because of this Act.
Power to make regulations
10 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
Consequential Amendment
Health and Social Services Delivery Improvement Act
11 Section 6 (3) of the Health and Social Services Delivery Improvement Act, S.B.C. 2002, c. 2, is amended by striking out "unless the employee is fully integrated with the operations and under the direct control of the health sector employer." and substituting "unless the health sector employer intended the employee to be fully integrated with the operations of the health sector employer and working under its direct supervision and control."
Commencement
12 This Act comes into force by regulation of the Lieutenant Governor in Council.