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The Public Sector Reduced Work Week and Compensation Management Act

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If you need an official copy, contact Statutory Publications.

S.M. 1993, c. 21

The Public Sector Reduced Work Week and Compensation Management Act

(Assented to July 27, 1993)

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

PART 1

REDUCED WORK WEEK AND REDUCED COMPENSATION

Definitions

1           In this Part,

"collective agreement" means a collective agreement, as defined in The Labour Relations Act, covering employees of an employer and includes a collective agreement authorized under section 47 of The Civil Service Act covering employees of an employer and a collective agreement within the meaning of The Public Schools Act covering employees of an employer; (« convention collective »)

"Crown agency" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or of the board of management or board of directors of which,

(a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or

(b) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are directly or indirectly responsible to the Crown; (« organisme de la Couronne »)

"employee" means an employee of an employer; (« salarié »)

"employer" means a public sector employer, including

(a) Her Majesty in right of Manitoba,

(b) a Crown Corporation or other body that is subject to all or any part of The Crown Corporations Public Review and Accountability Act,

(c) a person or entity owning or operating a hospital as defined in The Hospitals Act,

(d) a person or entity owning or operating a personal care home as defined in The Health Services Insurance Act,

(e) a child and family services agency incorporated under The Child and Family Services Act,

(f) a municipality within the meaning of The Municipal Act, The City of Winnipeg Act or The Northern Affairs Act,

(g) a school board within the meaning of The Public Schools Act,

(h) a university or other entity that receives funding under The Universities Grants Commission Act,

(i) a college established under The Colleges Act,

(j) a Crown agency,

(k) St. Amant Centre,

(l) any other person, organization or entity designated as a public sector employer by the Lieutenant Governor in Council in a regulation under section 11; (« employeur »)

"leave without pay" means leave without pay under this Part; (« congé sans solde »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of The Labour Relations Act; (« ministre »)

"reduced work week" means any reduction under this Part in the number of days or portions of days that an employee must work in a 12-month period, for which the employee must take leave without pay; (« réduction de la semaine de travail »)

"union" means a union as defined in The Labour Relations Act and includes the association as defined in The Civil Service Act and any other bargaining agent representing employees of an employer. (« syndicat »)

Crown bound

2           Her Majesty in right of Manitoba is bound by this Part.

Part to prevail

3           This Part prevails over every other Act and every regulation, collective agreement, employment contract or arrangement, arbitral or other award or decision and every obligation, right, claim, agreement or arrangement of any kind.

Reduced work week

4(1)        Notwithstanding any Act, regulation, collective agreement, employment contract or arrangement, arbitral or other award or decision or any other agreement or arrangement of any kind, an employer may, subject to subsection (2) and the other provisions of this Part, require employees of the employer to take days or portions of days as leave without pay at any point within a 12-month period authorized in subsection (2), provided that the combined total of days and portions of days required to be taken does not exceed 15 days in the 12-month period for any one employee.

One or two 12-month periods

4(2)        An employer may require employees to take leave without pay as set out in subsection (1) during one or both of two consecutive 12-month periods only, and the first of those 12-month periods must commence in 1993 on a day that is not earlier than April 1, 1993.

Notice to union required

5(1)        If an employer intends to implement a reduced work week under this Part, the employer shall, in the calendar year in which the affected 12-month period commences, serve notice of that intention on the union that represents the affected employees,

(a) specifying the total number of days of leave without pay that employees will be required to take as a result of the reduced work week and the 12-month period during which the reduced work week will occur; and

(b) requesting that consultations commence as described in subsection (4).

Notice to be filed with minister

5(2)        The employer shall file a notice under subsection (1) with the minister.

Limitation on number of notices

5(3)        For greater certainty, no employer shall serve notices under subsection (1) with respect to more than the two 12-month periods set out in subsection 4(2).

Consultations required

5(4)        A union that receives a notice under subsection (1) shall commence consultations with the employer for the purpose of reaching an agreement as to

(a) the number of days of leave without pay that each employee must take;

(b) when employees must take the days or portions of days of leave without pay within the 12-month period;

(c) the manner and frequency of deduction of pay from employees' wages in connection with the days or portions of days of leave without pay; and

(d) any other matter that the union and the employer consider relevant to the implementation of the reduced work week.

If no agreement reached

5(5)        If no agreement is reached between an employer and a union under this section within 30 days of the day on which the employer serves notice under subsection (1), the employer may determine

(a) the number of days of leave without pay that each employee must take;

(b) when employees must take the days or portions of days of leave without pay within the 12-month period;

(c) the manner and frequency of deductions from the employees' wages in connection with the days or portions of days of leave without pay; and

(d) any other matter that the employer considers relevant to the implementation of the reduced work week.

Agreement to be filed

6(1)        An agreement under subsection 5(4) between an employer and a union or the determination of an employer under subsection 5(5), as the case may be, shall be filed with the minister by the employer and, upon being so filed, is binding on the employer and the union and all employees of the employer who are represented by the union.

Employer to provide copy to union

6(2)        An employer shall provide to the union that represents the affected employees a copy of the determination of the employer under subsection 5(5) that is filed with the minister under subsection (1).

Where no bargaining agent

7           In the case of any employee not covered by a collective agreement, a direction that days or portions of days are to be taken by that employee as leave without pay under this Part is effective on such a direction being given to the employee by the employer, and, without further notice, such direction and any arrangements with respect to its implementation are deemed to be part of the employment contract or arrangement between the employer and that employee.

Limitation on school boards

8           If a school board implements a reduced work week under this Part, the days or portions of days on which leave without pay is to be taken by teachers

(a) shall not exceed a combined total of 10 days in the 12-month period for any one teacher;

(b) shall be days that are set aside for teacher in-service, parent-teacher conferences, administration and pupil evaluation days in that school division and not other days; and

(c) continue to be counted as teaching days for the purpose of computing grants for the school year.

Judges, boards, commissions and committees

9(1)        The amount that would otherwise be paid to every person who receives remuneration as a judge of The Provincial Court or in respect of services performed as a member of a Crown agency or a board, commission or committee, to which he or she is appointed by a minister or by the Lieutenant Governor in Council, shall be reduced

(a) for the period commencing on April 1, 1993 and ending on March 31, 1994, by 3.8%; and

(b) for the period commencing on April 1, 1994 and ending on March 31, 1995, by an amount that is generally equivalent to the amount by which the wages of employees under a collective agreement with Her Majesty in right of Manitoba are reduced in the same period as a result of a requirement to take days or portions of days of leave without pay in that period.

Reduction achieved by leave days

9(2)        The reduction mentioned in subsection (1) may be achieved, where practicable, by the person's taking specific approved days or portions of days as days of leave without pay.

Variation of days

10          For greater certainty, the days or portions of days of leave without pay that an employee or group of employees is required to take may vary depending on the operational requirements of the employer, but in no event shall the total number of days of leave without pay to be taken by an employee of an employer in a 12-month period be greater than the number of days specified in the notice under subsection 5(1).

Regulations, other public sector employers

11(1)       The Lieutenant Governor in Council may, on the recommendation of the minister, make regulations designating as a public sector employer for the purposes of this Part any person, organization or other entity that receives funding by way of grant or otherwise from the government in any year out of the consolidated fund.

Request required

11(2)       The minister shall not recommend that a regulation be made under subsection (1) unless the person, organization or other entity to be designated as a public sector employer has requested that the designation be made.

Other regulations

11(3)       The Lieutenant Governor in Council may make regulations respecting any other matter considered necessary to carry out the purpose and intent of this Part.

Leave not a lay-off

12          Any day or days or portions of days of leave without pay implemented under the authority of this Part are deemed not to be a lay-off within the meaning of any Act, regulation, collective agreement, employment contract or arrangement, arbitral or other award or decision or other agreement or arrangement with respect to hours of work.

Extension of time for filing

13          Where, under any Act, regulation or other authority, the time limited for the registration or filing of any instrument, or for the doing of any thing, expires or falls on a day on which the office or place in which the instrument or thing is required or authorized to be registered, filed or done, is closed, as a result of employees being on leave without pay under the authority of this Part, the time so limited extends to, and the instrument or thing may be registered, filed or done on, the next following day on which the office or place is open.

Transitional

14          For greater certainty, a notice served under subsection 5(1) before the day on which this Act receives royal assent, in respect of a 12-month period that commences on or after April 1, 1993, is not invalid by reason only that it was served before the day on which this Act received royal assent or because it relates to a 12-month period commencing before the date of the notice.

PART 2

MEDICAL PRACTITIONERS' COMPENSATION

Definitions

15(1)       In this Part,

"available amount", in respect of a year, means the available amount determined by a regulation made under section 18; (« somme disponible »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of The Health Services Insurance Act; (« ministre »)

"payment schedule" means any schedule of payments established by regulation or agreement under The Health Services Insurance Act to pay for insured medical services provided on a fee for services basis; (« barème de paiements »)

"year" means a year beginning on April 1 and ending on March 31. (« année »)

Interpretation of "payment schedule"

15(2)       For the purpose of the definition of "payment schedule", any payment made by the government to the Manitoba Medical Association for the Professional Liability Insurance Fund referred to in the agreement made between the Manitoba Health Services Commission and the Manitoba Medical Association on April 9, 1991 is deemed to be a payment for insured medical services made under the payment schedule.

Health Services Insurance Act definitions

15(3)       Words and phrases used in this Part have the same meanings as they have in The Health Services Insurance Act and the regulations under that Act.

Part to prevail

16(1)       This Part prevails over every other Act and every regulation, agreement, arbitral or other award or decision and every obligation, right, claim or arrangement of any kind.

Arbitration proceedings void

16(2)        On the coming into force of this Act, no arbitration proceedings relating to compensation for medical practitioners for the 1993-94 year may be commenced or continued, and any such proceedings, including any decision by a board of arbitration, are void and of no effect.

Available amount cannot be exceeded

17          The total amount that may be paid under any payment schedule for insured medical services provided in the 1993-94 year and the 1994-95 year must not be greater than the available amount determined for that year under section 18.

Available amount

18(1)       The Lieutenant Governor in Council may, by regulation, determine the available amount for the 1993-94 year and the 1994-95 year, which shall be

(a) for the 1993-94 year, the amount obtained by multiplying the total payments required to be made under the payment schedule for insured medical services provided in the 1992-93 year by .98; and

(b) for the 1994-95 year, the amount obtained by multiplying the total payments required to be made under the payment schedule for insured medical services provided in the 1993-94 year by a factor to be specified in the regulation.

Minister to determine total payments

18(2)       For the purpose of making a regulation under subsection (1), the determination as to the total payments required to be made under a payment schedule for a year shall be made by the minister.

Retroactive regulation

18(3)       A regulation under this section may be made effective retroactively to the beginning of the year for which the available amount is determined.

Reduction of amounts payable

19(1)       If the minister considers that the total payments required to be made under any payment schedule for insured medical services provided in the 1993-94 year or the 1994-95 year may be greater than the available amount for that year, the minister may reduce payments for insured medical services to any level that the minister considers appropriate to ensure that the available amount will not be exceeded for that year.

Time and manner of reduction

19(2)       Payments may be reduced under subsection (1) at any time and in any manner and using any method that the minister considers appropriate.

Reduction before available amount determined

19(3)        Pending the determination of the available amount for a year, the minister may estimate the available amount and reduce payments under this section as if the estimated amount were the available amount.

Notice to M.M.A. of consultation

20(1)       When a regulation is made under section 18 determining the available amount for a year, or, alternatively, when an estimate of the available amount is made under subsection 19(3), the minister shall serve a notice on the Manitoba Medical Association of an intention to consult with the Association about the most appropriate method of ensuring that the available amount will not be exceeded for that year.

Consultation required

20(2)       On receiving a notice under subsection (1), the Manitoba Medical Association shall begin consultations with the minister for the purpose of reaching an agreement as to the most appropriate method of ensuring that the available amount will not be exceeded for the year.

If no agreement reached

20(3)       If no agreement is reached within 30 days after the day the minister serves notice under subsection (1), the minister may proceed to determine the most appropriate method of ensuring that the available amount will not be exceeded, and for that purpose the minister may exercise the powers described in section 19.

End of year reconciliation

21(1)       After the end of the year for which an available amount has been determined, the minister shall ascertain whether the total payments made for insured medical services provided in that year have exceeded or are less than the available amount for that year.

If available amount exceeded

21(2)       If the total payments have exceeded the available amount, the minister shall calculate the amount to be recovered from each medical practitioner, which shall be the difference between the total payments and the available amount, expressed as a percentage of the total payments, multiplied by the payments made to that medical practitioner for insured medical services provided in the year.

If payments are less than available amount

21(3)       If the total payments are less than the available amount, the minister shall

(a) calculate the amount that must be paid to each medical practitioner, which shall be the difference between the available amount and the total payments, expressed as a percentage of the total payments, multiplied by the payments made to that medical practitioner for insured medical services provided in the year; and

(b) pay that amount to the medical practitioner;

but in no case shall payment result in the medical practitioner's receiving more for an insured medical service than is specified in the payment schedule.

Notice

21(4)       If an amount is to be recovered under subsection (2), the minister shall notify the medical practitioner by registered mail addressed to the medical practitioner's last known business address that the amount is due and owing to the government.

No interest payable

21(5)       No interest is payable by the government or a medical practitioner on an amount to be recovered under subsection (2) or payable under subsection (3).

Recovery of amounts owing

22          If the minister notifies a medical practitioner under subsection 21(4) that an amount is due and owing, that amount is a debt due and owing to the government by the medical practitioner and

(a) may be deducted from amounts that are or become payable to the medical practitioner under any payment schedule; or

(b) may be recovered from the medical practitioner by civil action.

Obligation for reduced payments only

23          If the amount of a payment made under any payment schedule is reduced under this Part, the minister and the government are obligated to make only the reduced payment.

PART 3

MEMBERS OF THE LEGISLATIVE ASSEMBLY COMPENSATION

Reduction of indemnity for 1993-94

24(1)       Following the application of subsection 53(3) of The Legislative Assembly Act for the fiscal year commencing on April 1, 1993 and ending on March 31, 1994, the indemnity payable to a member under clause 53(1)(a) of the Act for that fiscal year is reduced by 3.8% of the amount that would otherwise be payable under that clause.

Reduction of indemnity for 1994-95

24(2)       Following the application of subsection 53(3) of The Legislative Assembly Act for the fiscal year commencing on April 1, 1994 and ending on March 31, 1995, the indemnity payable to a member under clause 53(1)(a) of the Act for that fiscal year is reduced by an amount that is generally equivalent to the amount by which the wages of employees under a collective agreement with Her Majesty in right of Manitoba are reduced in the same period as a result of a requirement to take days or portions of days of leave without pay in that period.

Reduction of constituency allowance for 1993-94

25(1)        Following the application of section 68 of The Legislative Assembly Act for the fiscal year commencing on April 1, 1993 and ending on March 31, 1994, the amount of the constituency and access allowance payable to a member under section 59 of the Act for that fiscal year is reduced by 3.8% of the amount that would otherwise be payable under section 59.

Reduction of constituency allowance for 1994-95

25(2)       Following the application of section 68 of The Legislative Assembly Act for the fiscal year commencing on April 1, 1994 and ending on March 31, 1995, the amount of the constituency and access allowance payable to a member under section 59 of the Act for that fiscal year is reduced by an amount that is generally equivalent to the amount by which the wages of employees under a collective agreement with Her Majesty in right of Manitoba are reduced in the same period as a result of a requirement to take days or portions of days of leave without pay in that period.

No cost of living increase for 1993-94

26          Notwithstanding subsection 68(1) of The Legislative Assembly Act, the living allowances allowed and payable under section 54, the indemnity allowed and payable under clause 60(a), and the sum allowed and payable for special supplies and assistance under subsection 67(1) of the Act shall not be increased under subsection 68(1) for the fiscal year commencing on April 1, 1993 and ending on March 31, 1994.

PART 4

COMING INTO FORCE

Coming into force

27          This Act is retroactive and is deemed to have come into force on April 1, 1993.