Public Sector Employers Act

Section 1 definitions of "employment termination standard" and "public sector employee" BEFORE repealed by 2002-64-1(b) effective October 31, 2002 (Royal Assent).

"employment termination standard" means a standard established by the council under section 4.1 or 7 (1) (c.2);

"public sector employee" means a person employed by a public sector employer but does not include a justice or a person employed as a justice;

Section 1 definition of "public sector employer", paragraph (d.2) BEFORE repealed by 2002-35-12 effective March 31, 2003 [on repeal of 1997-54-3&4 (BC Reg 152/03)].

(d.2) the Technical University of British Columbia established under the Technical University of British Columbia Act,

Section 4.1 BEFORE amended by 2002-64-2 effective October 31, 2002 (Royal Assent).

Employment termination standards for exempt employees

4.1 (1) The council may establish employment termination standards for persons who are employed by a public sector employer and who are not subject to a collective agreement.

(2) Employment termination standards may be retroactive to May 1, 1997 and if made retroactive are deemed to be effective on the date specified in the standards.

(3) Employment termination standards may be of general application or may apply to one or more public sector employers and persons employed by them as set out in the standards.

(4) A public sector employer must provide, without charge, to the council copies of contracts of employment and other information that the council requests for the purpose of monitoring compliance with employment termination standards or assisting the council in the development and revision of employment termination standards.

Section 4.2 BEFORE amended by 2002-64-2 effective October 31, 2002 (Royal Assent).

Employment termination standards regulation

4.2 (1) The Lieutenant Governor in Council may, by regulation, adopt an employment termination standard for the purpose of this section.

(2) A regulation under subsection (1) may be made retroactive to May 1, 1997 and if made retroactive is deemed to be effective on the date specified in the regulation.

(3) If the Lieutenant Governor in Council adopts an employment termination standard by regulation under subsection (1),

(a) the regulation is deemed to be included in all contracts of employment commenced, changed or renewed on or after the effective date of the regulation, and

(b) any provision in a contract of employment commenced, changed or renewed after the effective date of the regulation that is inconsistent with the regulation is of no force or effect.

Section 5(1) BEFORE amended by 2002-64-3 effective October 31, 2002 (Royal Assent).

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

Section 7(1)(c.2)(i) and (ii) BEFORE amended by 2002-64-4(a) effective October 31, 2002 (Royal Assent).

(i) as if it were a public sector employer, with any employment termination standard that is of general application under section 4.1, or

(ii) with any employment termination standard that the council may establish specifically for that association;

Section 7(1)(c.3)(ii) BEFORE amended by 2002-64-4(b) effective October 31, 2002 (Royal Assent).

(ii) other information that the council requests for the purpose of monitoring compliance with paragraph (c.2) or assisting the council in the development and revision of employment termination standards applicable to the association;

Resolution of constitution and bylaws

8 (1) If, in the opinion of the minister, the members of an employers' association are unable or unlikely to agree on the constitution and bylaws or rules of the employers' association, the minister may refer the disagreement to a person to inquire into the disagreement and make recommendations to the minister.

(2) After receiving the recommendations under subsection (1), the minister may recommend that the constitution and bylaws or rules of the employers' association be prescribed by the Lieutenant Governor in Council.

(3) When the constitution and bylaws or rules of an employers' association are prescribed, they apply to the employers' association as if they were established and approved under section 7.

(4) A person who inquires into a disagreement under subsection (1) has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

Section 14.4(5) was added by 2002-64-5 [conseq] effective October 21, 2002 [retro from October 31, 2002 (RA) per s. 14.4(6)]

Section 15.1 BEFORE amended by 2002-64-6 effective October 31, 2002 (Royal Assent).

Compliance with the regulated standard

15.1 (1) If, after the effective date of a regulation under section 4.2, an employer to whom that regulation applies pays money or confers a benefit or a person accepts money or receives a benefit that exceeds the amount or benefit permitted by the regulation, the excess money or cost to the employer of the benefit is a debt that is payable to the government by the person who receives the amount or benefit.

(2) No action lies and no proceedings may be brought against an employer by a person who receives an amount or benefit conferred contrary to a regulation under section 4.2.

Schedule: "Provincial Agricultural Land Commission" tribunal was added by BC Reg 342/02 under RS1996-384-14.9(2) effective December 9, 2002 (BC Reg 342/02).

Schedule: "Mineral Tax Review Board" was deleted by 2003-23-77 effective April 10, 2003 (Royal Assent).

"Point in Time" Act Content