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2nd Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 205

THE RESTRICTING MANDATORY OVERTIME FOR NURSES ACT (VARIOUS ACTS AMENDED)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

THE EMPLOYMENT STANDARDS CODE

C.C.S.M. c. E110 amended

1           The Employment Standards Code is amended by adding the following after section 19:

No implied right to require nurse to work overtime

19.1(1)     An employer's management rights do not include an implied right to require an employee who is a nurse to work overtime.

Restricted circumstances for nurse overtime

19.1(2)     An employer may require an employee who is a nurse to work overtime only in the following circumstances and only for so long as those circumstances continue to exist:

(a) where it is urgently required because of a present or imminent situation or condition that requires prompt action to avoid or limit

(i) loss of life, or

(ii) harm to an individual's health,

but only if the employer could not have anticipated or planned for increased demand for services beyond that provided by normal staffing levels;

(b) where it is urgently required by or under an Act of the Legislature in relation to an existing or threatened disaster or emergency.

Definitions

19.1(3)     The following definitions apply in this section.

"master rotation schedule" means the master rotation schedule provided for by a collective agreement that applies to the employee. (« calendrier principal de travail par quarts »)

"normal staffing levels" means the staffing levels set out in the master rotation schedule that

(a) take into account typical and anticipated levels of absenteeism and vacation entitlements or other leaves of absence; and

(b) do not require the working of overtime. (« niveaux de dotation normaux »)

"nurse" means

(a) a practising registered nurse, a graduate registered nurse, a practising nurse practitioner or a graduate nurse practitioner under The Regulated Health Professions Act;

(b) a licensed practical nurse or a graduate practical nurse under The Licensed Practical Nurses Act; or

(c) a registered psychiatric nurse or a graduate psychiatric nurse under The Registered Psychiatric Nurses Act. (« infirmière »)

"overtime" means the hours of work of an employee who is a nurse that are in excess of the employee's standard hours of work agreed to by the employer and the employee and set out in the master rotation schedule. (« heures supplémentaires »)

Exception re section 19

19.1(4)     For greater certainty, section 19 does not apply to an employee who is a nurse.

THE HEALTH ADMINISTRATION ACT

C.C.S.M. c. H20 amended

2           The Health Administration Act is amended by adding the following after section 5:

Biannual report re nurse position vacancy

5.1(1)      In May and November of each year, the minister must prepare a nurse position vacancy report and table it in the Assembly.

Content of report

5.1(2)      For the six months immediately preceding the month in which it is tabled, the nurse position vacancy report must set out, in respect of each regional health authority and each hospital and hospital department,

(a) the following information:

(i) the number of nurse positions,

(ii) the number of vacant nurse positions,

(iii) the number of nurse positions calculated on an equivalent full-time basis,

(iv) the number of vacant nurse positions calculated on an equivalent full-time basis; and

(b) the progress that the government has made

(i) to fill the vacant nurse positions, and

(ii) until January 1, 2022, to decrease the use of required overtime to provide adequate nurse staffing levels.

Report to be published

5.1(3)      The minister must make the report available to the public as soon as reasonably practicable after it is tabled by posting it on a government website and by any other means the minister considers advisable.

Definitions

5.1(4)      The following definitions apply in this section.

"hospital" means a hospital as defined in The Health Services Insurance Act. (« hôpital »)

"nurse" means

(a) a practising registered nurse, a graduate registered nurse, a practising nurse practitioner or a graduate nurse practitioner under The Regulated Health Professions Act;

(b) a licensed practical nurse or a graduate practical nurse under The Licensed Practical Nurses Act; or

(c) a registered psychiatric nurse or a graduate psychiatric nurse under The Registered Psychiatric Nurses Act. (« infirmière »)

"regional health authority" means a regional health authority as defined in The Regional Health Authorities Act. (« office régional de la santé »)

OTHER AMENDMENTS

C.C.S.M. c. L125 amended

3           The Licensed Practical Nurses Act is amended by adding the following after section 50 as part of Part 6:

REFUSAL TO WORK OVERTIME

Refusal to work overtime not professional misconduct or breach

50.1        A member does not engage in professional misconduct or breach their duty of care to a patient if the member refuses to work overtime that is not required under section 19.1 of The Employment Standards Code.

C.C.S.M. c. R45 amended

4           The Registered Psychiatric Nurses Act is amended by adding the following after section 50 as part of Part 6:

REFUSAL TO WORK OVERTIME

Refusal to work overtime not professional misconduct or breach

50.1        A member does not engage in professional misconduct or breach their duty of care to a patient if the member refuses to work overtime that is not required under section 19.1 of The Employment Standards Code.

C.C.S.M. c. R117 amended

5           The Regulated Health Professions Act is amended by adding the following after section 134 as part of Part 8:

REFUSAL TO WORK OVERTIME

Refusal to work overtime not professional misconduct or breach

134.1       A member of the College of Registered Nurses of Manitoba does not engage in professional misconduct or breach their duty of care to a patient if the member refuses to work overtime that is not required under section 19.1 of The Employment Standards Code.

COMING INTO FORCE

Coming into force — royal assent

6(1)        Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation or January 1, 2022

6(2)        Sections 1 and 3 to 5 come into force on a day to be fixed by proclamation or on January 1, 2022, whichever occurs first.

Explanatory Note

This Bill amends The Employment Standards Code to establish a separate overtime regime for nurses by January 1, 2022. Nurses are not obligated to work overtime in non-urgent circumstances.

Amendments to The Licensed Practical Nurses Act, The Registered Psychiatric Nurses Act and The Regulated Health Professions Act provide that a refusal by a nurse to work overtime in non-urgent circumstances does not constitute professional misconduct or breach the duty of care owed to their patient.

This Bill also amends The Health Administration Act to require the minister to report twice a year to the Assembly about nurse position vacancies.