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The Government Essential Services Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 16

THE GOVERNMENT ESSENTIAL SERVICES AMENDMENT ACT


 

(Assented to June 28, 1997)

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

C.C.S.M. c. G75 amended

1         The Government Essential Services Act is amended by this Act.

2          The title is amended by striking out "GOVERNMENT".

3         Section 1 is amended

(a) in the English version of the definition "collective agreement", by striking out "the employer" where it occurs for the first time and substituting "an employer";

(b) by striking out the definition "employer" and substituting the following:

"employer" means

(a) the Government of Manitoba,

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

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

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

(e) a regional health authority established or continued under The Regional Health Authorities Act,

(f) St. Amant Centre,

(g) Pelican Lake Centre;  (« employeur »)

(c) by adding the following definition in alphabetical order:

"essential services agreement" means an essential services agreement concluded under section 4.1; (« accord sur les services essentiels »)

(d) in the definition "essential services employee", by striking out "the operation of this Act" and substituting "an essential services agreement or a notice under section 7".

4          Section 2 is repealed and the following is substituted:

Application

2         This Act applies to every union, every employer and every employee who is covered by a collective agreement between a union and an employer.

5         The following is added after section 4:

Essential services agreements

4.1(1)    If an employer and a union do not have an essential services agreement under this Act relating to employees covered by a collective agreement, the employer and the union shall, at least 90 days before the expiry of the collective agreement, begin negotiations with a view to concluding an essential services agreement.

Transitional

4.1(2)    On the coming into force of this section, a union and an employer with less than 90 days remaining in the term of their collective agreement shall begin negotiations for the purposes of subsection (1) as soon as is reasonably practicable.

Notice of essential services

4.1(3)    An employer other than the Government of Manitoba shall, on beginning negotiations under subsection (1), advise the union which of the employer's services are to be essential services for the purposes of the essential services agreement.

Government essential services

4.1(4)    In the case of the Government of Manitoba, the essential services for the purposes of an essential services agreement are the services prescribed under sections 5 and 6.

Information to assist negotiations

4.1(5)    If, at any point during the 30 days before a collective agreement expires, the employer and the union have not concluded an essential services agreement, the employer

(a) may, on the employer's initiative; or

(b) shall, at the request of the union;

for the purpose of facilitating the negotiation of an essential services agreement, give a notice to the union setting out the information the employer would be required to provide in a notice under subsection 7(1).

Employees deemed essential services employees

4.1(6)    Every employee who is covered by an essential services agreement is deemed to be an essential services employee.

Terminating essential services agreement

4.1(7)    Notice to terminate an essential services agreement may be given if

(a) the employer and the union have a collective agreement in effect; and

(b) the notice to terminate is served by the employer on the union or by the union on the employer at least 100 days before the expiry of the collective agreement.

Obligation to negotiate agreement not affected

4.1(8)    Nothing in subsection (7) affects the obligation of the employer and the union to negotiate with a view to concluding an essential services agreement in accordance with subsection (1).

6         Section 5 is amended

(a) in the section heading, by striking out "Essential" and substituting "Government essential"; and

(b) in the section, by striking out "The" and substituting "In the case of the Government of Manitoba, the".

7          Section 6 is amended

(a) in the section heading, by adding "government" after "Other"; and

(b) in the section, by striking out " If" and substituting "In the case of the Government of Manitoba, if".

8(1)      The heading for subsection 7(1) is struck out and "Notice of employees and services where no agreement" is substituted.

8(2)      Subsection 7(1) is amended

(a) by adding ", if no essential services agreement is in effect under this Act, " after "the employer shall"; and

(b) by striking out "and" at the end of clause (b), by adding "and" at the end of clause (c) and by adding the following after clause (c):

(d) in the case of an employer other than the Government of Manitoba, the essential services that must be maintained.

9          Section 9 is amended by striking out "employees who must work as a result of the operation of this Act" and substituting "essential services employees during a work stoppage".

10         Section 10 is amended by striking out "employee who must work as a result of the operation of this Act" and substituting "essential services employee".

11        Section 12 is amended by striking out "the employer" and substituting "his or her employer".

12        Section 13 of the English version is amended by striking out "The employer shall not" and substituting "No employer shall".

13        Clause 19(1)(a) of the English version is amended

(a) by striking out "the employer" wherever it occurs and substituting "an employer"; and

(b) by striking out "the union" wherever it occurs and substituting "a union".

14         Section 20 is repealed and the following is substituted:

C.C.S.M. reference

20        This Act shall no longer be referred to as chapter G75 of the Continuing Consolidation of the Statutes of Manitoba but may be referred to as chapter E145 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

15        This Act comes into force on the day it receives royal assent.