2nd Session, 42nd Legislature
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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
The Employment Standards Code is amended by adding the following after section 19:
No implied right to require nurse to work overtime
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
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.
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 »)
For greater certainty, section 19 does not apply to an employee who is a nurse.
THE HEALTH ADMINISTRATION ACT
The Health Administration Act is amended by adding the following after section 5:
Biannual report re nurse position vacancy
In May and November of each year, the minister must prepare a nurse position vacancy report and table it in the Assembly.
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.
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.
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
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
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.
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
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.
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
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
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Coming into force — proclamation or January 1, 2022
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.