Section 1 definitions of "community", "community health plan" and "council" BEFORE repealed by 2002-61-1(a), effective March 14, 2003 (BC Reg 78/2003).
"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;
Section 1 definition of "specified services" BEFORE amended by 2002-61-1(b), effective March 14, 2003 (BC Reg 78/2003).
"specified services" means, for a region or community, the health services, or level or extent of health service, specified under section 3 (2).
Section 1 definition of "municipal council" BEFORE repealed by 2003-52-111, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
"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;
Section 1 definition of "public body", paragraph (a) BEFORE amended by 2008-28-148, effective March 31, 2009 (BC Reg 49/2009).
(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,
Section 3 (2) BEFORE amended by 2002-61-2(a), effective March 14, 2003 (BC Reg 78/2003).
(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.
Section 3 (5) BEFORE amended by 2002-61-2(b), effective March 14, 2003 (BC Reg 78/2003).
(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).
Section 3 (4) BEFORE amended by BC Reg 357/2010 under RS1996-440-12, effective December 6, 2010 (BC Reg 357/2010).
(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.
Part 2 heading BEFORE amended by 2002-61-3, effective March 14, 2003 (BC Reg 78/2003).
Part 2 — Regional Health Boards and Community Health Councils
Section 5 (1) (e) BEFORE repealed by 2002-61-4, effective March 14, 2003 (BC Reg 78/2003).
(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;
Section 6 BEFORE repealed by 2002-61-5, effective March 14, 2003 (BC Reg 78/2003).
Community health councils
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.
Section 7 BEFORE repealed by 2002-61-5, effective March 14, 2003 (BC Reg 78/2003).
Purposes of a council
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.
Section 7.1 BEFORE amended by 2002-61-6, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 8 BEFORE amended by 2002-61-6, effective March 14, 2003 (BC Reg 78/2003).
Powers and procedures of a council or board
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.
Section 10 BEFORE amended by 2002-61-7, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 10 (4) BEFORE amended by 2003-70-162, effective March 29, 2004 (BC Reg 64/2004).
(4) The accounts of a board 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.
Section 10 (4) BEFORE amended by 2012-12-117, effective May 14, 2012 (Royal Assent).
(4) The accounts of a board must, at least once in every year, be audited and reported on by an auditor who is authorized to be the auditor of a company under sections 205 and 206 of the Business Corporations Act, and the costs of the audit must be paid by the board.
Section 10 (5) BEFORE amended by 2013-13-19, effective April 1, 2013 (BC Reg 145/13).
(5) A board must prepare in a form satisfactory to the minister, after the end of its fiscal year,
(a) a report of the board on its operations for the preceding fiscal year, and
(b) a financial statement showing the assets and liabilities of the board at the end of the preceding fiscal year and the income and expenditures of the board for that year and a statement of changes in financial position of the board for the year then ended.
Section 11 BEFORE amended by 2002-61-8, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 14 BEFORE amended by 2002-61-8, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 15 BEFORE amended by 2002-61-9, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 15 (1) BEFORE amended by 2003-52-112, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
15 (1) Property vested in a board 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.
Section 15 (3) BEFORE amended by 2010-5-177, effective July 1, 2010.
(3) A board is exempt from taxation under the Social Service Tax Act for transactions undertaken for the purposes of this Act between the board and a public body or a board.
Section 15 (1) BEFORE amended by 2011-9-13, effective June 2, 2011 (Royal Assent).
(1) Property vested in a board is exempt from taxation under the Community Charter, 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.
Section 15 (3) BEFORE amended by 2013-1-76, effective April 1, 2013.
(3) A board is exempt from taxation under the Social Service Tax Act and the Consumption Tax Rebate and Transition Act for transactions undertaken for the purposes of this Act between the board and a public body or a board.
Section 15.1 BEFORE amended by 2002-61-10, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 15.3 BEFORE repealed by 2002-61-11, effective March 14, 2003 (BC Reg 78/2003).
Effect of amalgamation of 2 or more old councils
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.
Section 15.4 BEFORE repealed by 2002-61-11, effective March 14, 2003 (BC Reg 78/2003).
Effect of amalgamation of a board and one or more old councils
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.
Section 15.5 BEFORE amended by 2002-61-12, effective March 14, 2003 (BC Reg 78/2003).
Directions from the Senior Financial Officer
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.
Section 16 BEFORE amended by 2002-61-13, effective March 14, 2003 (BC Reg 78/2003).
Amalgamation with a designated corporation
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.
Section 16 (4) (a) BEFORE amended by 2003-70-163, effective March 29, 2004 (BC Reg 64/2004).
(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,
Section 16 (4) (b) BEFORE amended by 2015-18-312, effective November 28, 2016 (BC Reg 216/2015).
(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
Section 16.1 BEFORE repealed by 2001-41-1, effective August 27, 2001 (Royal Assent).
Mandatory amalgamation
16.1 (1) The minister may direct by order that the amalgamation of a designated corporation and a board or council shall occur on a date specified by the minister in the order.
(2) To make an order under subsection (1), the minister must be satisfied that
(a) the amalgamation is suitable for the purposes of this Act,
(b) it is necessary in the public interest that the amalgamation be completed by the specified date, and
(c) by that specified date
(i) the special resolution required under section 16 (4) approving the amalgamation will not be made, or
(ii) a written consent required under section 16 (2) (a) or (b) to the amalgamation will not be given.
(3) On the making of an order under subsection (1),
(a) section 16 (2) and (4) does not apply for the purposes of the amalgamation,
(b) on the date specified by the minister in the order, the designated corporation and the board or council are amalgamated and continued as the board or council, and
(c) section 16 (5) to (8) applies for the purposes of the amalgamation as though the amalgamation occurred under section 16 (1).
Section 16.2 BEFORE amended by 2002-61-13, effective March 14, 2003 (BC Reg 78/2003).
Gift survives on amalgamation
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.
Section 16.2 (1) (b) BEFORE amended by 2015-18-312, effective November 28, 2016 (BC Reg 216/2015).
(b) under the Society Act of a society with a designated corporation.
Section 17 BEFORE amended by 2002-61-13, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 18 BEFORE amended by 2002-61-13, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 19 BEFORE amended by 2002-61-13, effective March 14, 2003 (BC Reg 78/2003).
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.
Section 19 (1) and (2) BEFORE amended by 2003-70-164, effective March 29, 2004 (BC Reg 64/2004).
(1) Subject to subsection (2), the Company Act and the Company Clauses Act do not apply to a board.
(2) The Lieutenant Governor in Council may, by order, declare that provisions of the Company Act or Society Act apply to a board.
Section 19 (3) BEFORE amended by 2002-75-42, effective May 14, 2004 (BC Reg 217/2004).
(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, and, for the purposes of applying the provisions to the board, all enactments shall be construed as referring to the board in place of the public body for which it substitutes.
Section 19 (3) BEFORE amended by 2008-28-149(a), effective March 31, 2009 (BC Reg 49/2009).
(3) The Lieutenant Governor in Council may prescribe that provisions of the Community Care and Assisted Living 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, and, for the purposes of applying the provisions to the board, all enactments shall be construed as referring to the board in place of the public body for which it substitutes.
Section 19 (5) BEFORE repealed by 2008-28-149(b), effective March 31, 2009 (BC Reg 49/2009).
(5) If the Council of the City of Vancouver requests the establishment of a board, section 326 of the Vancouver Charter does not apply for the purposes of that board.
Section 19 (2) BEFORE amended by 2015-18-312, effective November 28, 2016 (BC Reg 216/2015).
(2) The Lieutenant Governor in Council may, by order, declare that provisions of the Business Corporations Act or Society Act apply to a board.
Section 19.1 definition of "nurse" BEFORE amended by 2001-13-1, effective July 1, 2001.
"nurse" means a person who is authorized to practise under the Nurses (Registered Psychiatric) Act or 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;
Section 19.1 definitions of "certification" and "consolidated certification" were added by 2002-2-20, effective January 28, 2002 (Royal Assent).
Section 19.1 definition of "facilities subsector" BEFORE amended by 2002-2-20, effective January 28, 2002 (Royal Assent).
"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;
Section 19.1 definition of "consolidated certification" BEFORE repealed by 2002-22-4, effective April 30, 2002 (Royal Assent).
"consolidated certification" means a certification issued by the labour relations board to an association referred to under section 19.7 or 19.93;
Section 19.1 definition of "facilities subsector" BEFORE amended by 2002-61-14, effective March 14, 2003 (BC Reg 78/2003).
"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 Blood Services;
Section 19.1 definition of "nurse" BEFORE amended by 2003-57-44, effective August 19, 2005 (BC Reg 233/2005).
"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;
Section 19.1 definition of "nurse" BEFORE amended by 2013-14-1, effective April 15, 2013 (BC Reg 175/2013).
"nurse" means a person who is authorized under an enactment to practise in British Columbia as a registered nurse or as a registered psychiatric nurse and who 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;
Section 19.4 (1) BEFORE amended by 2001-13-2, effective July 1, 2001.
19.4 (1) The following are the appropriate bargaining units in the health sector:
Section 19.4 (1) (d) BEFORE changes were made by 2001-13-2, effective July 1, 2001.
(d) health services and support — facilities subsector;
Section 19.4 (1) (e) BEFORE repealed by 2001-13-2, effective July 1, 2001.
(e) health services and support — community subsector.
Section 19.4 (1) (d) BEFORE amended by 2002-2-21, effective January 28, 2002 (Royal Assent).
(d) health services and support.
Section 19.4 (1) (e) BEFORE amended by 2002-2-21, effective January 28, 2002 (Royal Assent).
(e) [Repealed 2001-13-2.]
Section 19.5 BEFORE re-enacted by 2001-13-3, effective July 1, 2001.
Review of appropriate bargaining units
19.5 (1) The Minister of Labour may on application or on his or her own motion, and after the investigation considered necessary or advisable, direct the labour relations board to consider the continued appropriateness of the bargaining units referred to in section 19.4.
(2) If a direction is made under subsection (1)
(a) the labour relations board must review the bargaining units referred to in section 19.4 to determine their continued appropriateness and may change those bargaining units, and
(b) after the date on which the direction is made the labour relations board has jurisdiction to determine the appropriateness of any bargaining unit in the health sector.
Section 19.6 BEFORE re-enacted by 2002-2-23, effective January 28, 2002 (Royal Assent).
Reinstatement of certifications
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.
Section 19.6 BEFORE re-enacted by 2002-2-23, effective January 28, 2002 (Royal Assent).
Reinstatement of certifications
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.
Section 19.6 (5) (e) BEFORE repealed by RS1996-180-19.6(6), effective February 1, 2007.
[Note: above was enacted by 2002-2-23, effective January 28, 2002 (Royal Assent).]
(e) create a single certification to replace multiple certifications where the employees have become or are employees of a single health sector employer.
Section 19.6 (5) (c) and (d) BEFORE amended by BC Reg 18/10 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(c) enhance a health sector employer's ability to restructure or reorganize its services or functions,
(d) enhance a health sector employer's ability to integrate services or functions, or
Section 19.7 BEFORE repealed by 2002-2-24, effective January 28, 2002 (Royal Assent).
Transfer back of employees
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.
Section 19.8 BEFORE repealed by 2002-2-24, effective January 28, 2002 (Royal Assent).
Labour relations board powers
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.
Section 19.9 (2) (b) BEFORE amended by 2001-13-4, effective July 1, 2001.
(b) new associations of bargaining agents must be formed in accordance with this section.
Section 19.9 (3) BEFORE amended by 2001-13-4, effective July 1, 2001.
(3) Before the date determined by the labour relations board under subsection (2), the trade unions in each association must agree to articles of association that
Section 19.911 BEFORE repealed by 2002-2-24, effective January 28, 2002 (Royal Assent).
Form 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).
Section 19.921 BEFORE amended by 2002-22-5, effective April 30, 2002 (Royal Assent).
Transitional — associations of trade unions
19.921 (1) This section applies despite section 19.7.
(2) The consolidated certifications issued by the labour relations board to an association of trade unions for each of the appropriate bargaining units referred to in section 19.4 (1) (b) and (c) are continued.
(3) The articles of association approved by the labour relations board for the associations of trade unions representing the employees in the bargaining units referred to section 19.4 (1) (b) and (c) are continued.
(4) On a date determined by the labour relations board but not more than 30 days after this section comes into force, the labour relations board must approve articles of association for the bargaining unit referred to in section 19.4 (1) (d) that are the same as the articles of association in effect for that bargaining unit under the labour relations board decision No. 573/98 and issue a consolidated certification to the association of trade unions representing employees in that bargaining unit.
(5) On a date determined by the labour relations board but not more than 30 days after this section comes into force, the labour relations board must approve articles of association for the bargaining unit referred to in section 19.4 (1) (e) that are the same as the articles of association in effect for that bargaining unit under the labour relations board decision No. 573/98 and issue a consolidated certification to the association of trade unions representing employees in that bargaining unit.
(6) Articles of association of an association of trade unions referred to in subsections (3), (4) and (5) are deemed to be a decision of the labour relations board.
(7) The consolidated certification issued by the labour relations board for an association of trade unions for the former health services and support bargaining unit on October 29, 2001 is cancelled and articles of association for that association of trade unions approved by the labour relations board for that former bargaining unit on October 26, 2001 are void 30 days after this section comes into force or on an earlier date if the labour relations board has acted under subsection (4) or (5).
Section 19.921 (3) BEFORE amended by BC Reg 18/10 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(3) The articles of association approved by the labour relations board for the associations of trade unions representing the employees in the bargaining units referred to section 19.4 (1) (b) and (c) are continued.
Section 21 (2), (3) and (4) BEFORE amended by 2002-61-15, effective March 14, 2003 (BC Reg 78/2003).
(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.
Section 21 (2) (d) BEFORE amended by BC Reg 345/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 345/2006).
(d) the prescribed expenses under sections 4 (4);