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

Labour Relations Code

1 Section 1 (1) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended

(a) by adding the following definition:

"business day" means a day other than Saturday, Sunday or another holiday; , and

(b) by repealing the definition of ' "picket" or "picketing" ' and substituting the following:

"picket" or "picketing" means attending at or near a person's place of business, operations or employment for the purpose of persuading or attempting to persuade anyone not to

(a) enter that place of business, operations or employment,

(b) deal in or handle that person's product, or

(c) do business with that person,

and a similar act at such a place that has an equivalent purpose, but does not include lawful consumer leafleting that does not unduly restrict access to or egress from that place of business, operations or employment or prevent employees from working at or from that place of employment; .

2 Section 3 is amended

(a) in subsection (2) by adding "or (3)" after "subsection (1)", and

(b) by adding the following subsections:

(3) The minister must appoint a committee of special advisors to undertake a review of this Code and make recommendations to the minister.

(4) The committee appointed under subsection (3) must conduct consultations when undertaking its review of the Code.

(5) A committee must be appointed under subsection (3) not more than 5 years after subsection (3) comes into force and thereafter not more than 5 years after a committee appointed under subsection (3) makes recommendations to the minister.

3 Section 6 (1) is amended by striking out "Except as otherwise provided in section 8, an" and substituting "An".

4 Section 8 is repealed and the following substituted:

Right to communicate

8  Nothing in this Code deprives a person of the freedom to communicate to an employee a statement of fact or opinion reasonably held with respect to the employer's business.

5 Section 14 is amended

(a) in subsection (4) by adding "and" at the end of paragraph (d), by striking out "and" at the end of paragraph (e) and by repealing paragraph (f),

(b) by adding the following subsection:

(4.1) Despite section 25 (3), the board may certify a trade union if

(a) the employees affected by an order made under subsection (4) are seeking trade union representation,

(b) in making the order under subsection (4) the board is satisfied that a person is doing or has done an act prohibited by section 5, 6, 7 or 9, and

(c) the board believes it is just and equitable in order to remedy the consequences of the prohibited act. , and

(c) in subsection (5) by striking out "subsection (4) (f)" and substituting "subsection (4.1)".

6 Section 19 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Except in the case of construction,

(a) if a collective agreement is in force for a term of 3 years or less, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit during the seventh and eighth months of the last year of the collective agreement, and

(b) if a collective agreement is in force for a term of more than 3 years, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit during the seventh and eighth months of the third year of the agreement and thereafter in the seventh and eighth months in each year of the collective agreement or any continuation. ,

(b) by repealing subsection (2) and substituting the following:

(2) In the case of construction,

(a) if a collective agreement is in force for a term of 3 years or less, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit in July and August of the last year of the collective agreement, and

(b) if a collective agreement is in force for a term of more than 3 years, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit in July and August of the third year of the collective agreement and thereafter in July and August of each year of the collective agreement or any continuation. , and

(c) by adding the following subsection:

(2.1) Despite subsections (1) and (2), an application for certification may not be made within 22 months of a previous application under those subsections if the previous application resulted in a decision by the board on the merits of the application.

7 Section 24 is amended

(a) in subsection (2) by striking out "10 days" and substituting "5 business days", and

(b) by adding the following subsections:

(2.1) The representation vote may be conducted by mail only if

(a) the trade union and the employer agree, or

(b) the board is satisfied exceptional circumstances exist requiring the vote to be conducted by mail.

(2.2) An order under subsection (2) for a longer period in which the representation vote is to be conducted by mail must provide for the vote to be conducted as expeditiously as possible in the circumstances.

8 The following section is added:

Order for expiry of collective agreement

27.1  (1) Despite section 27 (1) (c), if, upon application under section 19, a trade union is certified as the bargaining agent for an appropriate bargaining unit and there are 2 years or more remaining in the term of the collective agreement, the trade union may apply to the board for an order declaring that the collective agreement expires.

(2) If an application is made under subsection (1), the board may

(a) make an order declaring that the collective agreement expires 90 days after the date of the order, or

(b) make other orders or determinations that the board considers appropriate.

9 Section 33 is amended

(a) in subsection (2) by striking out "10 days" and substituting "5 business days",

(b) by adding the following subsections:

(2.1) The representation vote may be conducted by mail only if

(a) the individual identified in the application referred to in subsection (2) as the authorized representative of the employees who signed that application, the trade union and the employer agree, or

(b) the board is satisfied exceptional circumstances exist requiring the vote to be conducted by mail.

(2.2) An order under subsection (2) for a longer period in which the representation vote is to be conducted by mail must provide for the vote to be conducted as expeditiously as possible in the circumstances. , and

(c) in subsection (3) (a) and (b) by striking out "10 months" and substituting "12 months".

10 Section 35 is amended by adding the following subsections:

(0.1) In this section:

"contract for services" means a contract for any of the following services:

(a) building cleaning services;

(b) security services;

(c) bus transportation services;

(d) food services;

(e) non-clinical services provided in the health sector;

(f) services prescribed under section 159 (2) (f);

"non-clinical services" means services, other than medical, diagnostic or therapeutic services, provided by a person who is, under the Health Professions Act, a registrant in respect of a designated health profession to a person who is currently admitted to a bed in an inpatient unit in an acute care hospital.

(2.2) If a contract for services is retendered and substantially similar services continue to be performed, in whole or in part, under the direction of another contractor,

(a) the contractor is bound by all proceedings under this Code before the date of the contract for services entered into by the contractor and the proceedings must continue as if no change had occurred, and

(b) any collective agreement in force continues to bind the contractor to the same extent as if it had been signed by the contractor.

11 Section 45 is amended

(a) in subsection (1) (b) by adding "subject to subsection (1.1)," before "the employer must not increase",

(b) in subsection (1) (b) (i) by striking out "4 months" and substituting "12 months", and

(c) by adding the following subsection:

(1.1) If an application is made under section 55 during the period referred to in subsection (1) (b) (i) and the process under section 55 has not concluded before the end of that period, the employer must not increase or decrease the rate of pay of an employee in the unit or alter another term or condition of employment until the conclusion of a collective agreement, the commencement of a strike or lockout or another conclusion of the process under section 55.

12 Section 51 is amended

(a) by renumbering the section as section 51 (1), and

(b) by adding the following subsections:

(2) Subsection (1) applies in relation to any renewal or revision of a collective agreement and any ancillary agreement that comes within the meaning of collective agreement.

(3) If a collective agreement is not filed with the board in accordance with subsection (1), the board may decline to consider the collective agreement in any proceeding before the board.

13 Section 53 (5) is amended by striking out "joint request of the parties" and substituting "request of either party".

14 Section 54 is amended

(a) by adding the following subsections:

(2.1) If, after meeting in accordance with subsection (1), the parties have not agreed to an adjustment plan, either party may apply to the associate chair of the Mediation Division for the appointment of a mediator to assist the parties in developing an adjustment plan.

(2.2) An application under subsection (2.1) must include a list of the disputed issues.

(2.3) If a mediator is appointed, the parties must provide the mediator with the information the mediator requests concerning the proposed measure, policy, practice or change, the anticipated impact of the proposal and the efforts to develop an adjustment plan.

(2.4) If, after mediation, the parties have not agreed to an adjustment plan, the mediator may make recommendations for the terms of an adjustment plan for consideration by the parties.

(2.5) If, after mediation, the parties have agreed to an adjustment plan, it is enforceable as if it were part of the collective agreement between the employer and the trade union. , and

(b) in subsection (3) by striking out "Subsections (1) and (2)" and substituting "Subsections (1), (2) and (2.5)".

15 Section 55 is amended

(a) by repealing subsection (1) and substituting the following:

(1) If a trade union certified as bargaining agent and an employer have bargained collectively to conclude their first collective agreement and have failed to do so, either party may apply to the associate chair of the Mediation Division for the appointment of a mediator to assist the parties in negotiating a first collective agreement. , and

(b) by adding the following subsections:

(6.1) If the board certified the trade union under section 14 (4.1), the mediator may consider the parties' conduct before and after certification when recommending a process under subsection (6) (b) of this section.

(7.1) If the board certified the trade union under section 14 (4.1), the associate chair may consider the parties' conduct before and after certification when directing a method set out in subsection (6) (b) of this section for resolving the dispute.

16 Section 72 is amended

(a) by repealing subsection (1) (a) and substituting the following:

(a) investigate whether or not the dispute poses a threat to the health, safety or welfare of the residents of British Columbia, and ,

(b) by repealing subsection (2.1), and

(c) in subsections (3), (5) (a), (6) and (7) by striking out "or (2.1)".

17 Section 80 is repealed and the following substituted:

Industry councils

80  (1) On application by an employer, a trade union or the board, or on the minister's own motion, the minister may direct the board to assist the parties to establish an industry council.

(2) An industry council may do one or more of the following:

(a) recommend measures to achieve more effective collective bargaining and procedures for settling disputes for the industry;

(b) identify skills and training needs, health and safety issues, competitive and productivity challenges and other issues for the industry;

(c) develop labour market information and marketing initiatives for the industry;

(d) make recommendations considered necessary to advance the industry.

18 Section 87 (1) is amended by striking out "within 45 days of" and substituting "after".

19 The following section is added:

Case management conference

88.1  Within 30 days of the appointment of an arbitration board, the arbitration board must conduct a case management conference to

(a) schedule the exchange of information and documents,

(b) schedule hearing dates, and

(c) encourage settlement of the dispute.

20 Section 100 is repealed and the following substituted:

Appeal jurisdiction of Court of Appeal

100  On application by a party affected by a decision or award of an arbitration board, the Court of Appeal may review the decision or award if the basis of the decision or award is a matter or issue of the general law

(a) unrelated to a collective agreement, labour relations or related determinations of fact, and

(b) not included in section 99 (1).

21 Section 104 is amended

(a) in subsection (2) (b) by striking out "45 days" and substituting "15 days",

(b) in subsection (4) by adding "and" at the end of paragraph (a) and by repealing paragraph (b),

(c) in subsection (4) (c) by striking out "and the other party agrees",

(d) in subsection (6) by striking out "and must, subject to subsection (7), issue a decision within 21 days after the conclusion of the hearing",

(e) by adding the following subsection:

(6.1) In proceeding to hear and determine the matter arising out of the difference, the arbitrator appointed under subsection (4) must

(a) within 7 days of the appointment conduct a case management conference to

(i) schedule the exchange of information and documents,

(ii) schedule hearing dates, and

(iii) encourage settlement of the dispute, and

(b) conclude the arbitration within 90 days after the date on which the difference was referred to the director. ,

(f) by repealing subsection (7) and substituting the following:

(7) After the conclusion of the hearing, the arbitrator appointed under subsection (4) must issue a decision as follows:

(a) if jointly requested to do so by the parties to the difference and if possible, the arbitrator must issue an oral decision within one day after the conclusion of the hearing;

(b) the arbitrator must issue a decision with written reasons not exceeding 7 pages within 30 days after the conclusion of the hearing unless an oral decision has been issued under paragraph (a) of this subsection and the parties agree that written reasons are not required. , and

(g) by adding the following subsection:

(8.1) Without limiting subsection (8) and sections 82, 89 and 92, an arbitrator appointed under subsection (4) may do one or more of the following:

(a) set the date of the hearing;

(b) order that a brief written summary of each party's position be exchanged;

(c) order that an agreed statement of facts be prepared by the parties;

(d) limit the time allowed to the parties to present evidence or for oral argument at the hearing;

(e) limit references by the parties to authorities;

(f) establish procedures designed to facilitate an expedited decision.

22 The following section is added:

Display or provision of information

123.1  (1) The board must make available to the public information about rights and obligations under this Code.

(2) The board may direct an employer to display in the workplace, or make available or provide to employees, information about rights and obligations under this Code.

(3) The information displayed, made available or provided under subsection (2) must be in the form provided or approved by the board.

23 Section 140 is amended by adding the following paragraph:

(g.1) order an employer to provide a list of employees in the proposed bargaining unit to the board within the time specified by the board, .

24 Section 147 is amended by striking out ", industry advisory council".

25 Section 158 is amended

(a) in paragraph (a) by striking out "$1 000" and substituting "$5 000", and

(b) in paragraph (b) by striking out "$10 000" and substituting "$50 000".

26 Section 159 (2) is amended by adding the following paragraph:

(f) prescribing services or services in a particular sector for the purposes of the definition of "contract for services" in section 35.

Commencement

27  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: