3rd Session, 43rd Legislature

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Bill 26

THE HEALTH SYSTEM GOVERNANCE AND ACCOUNTABILITY AMENDMENT ACT (ELIMINATING MANDATORY OVERTIME FOR NURSES)

(Assented to                                         )

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

C.C.S.M. c. H26.5 amended

1   The Health System Governance and Accountability Act is amended by this Act.

2   Subsection 1(1) is amended by adding the following definition:

"mandatory overtime" means the hours of work that a nurse's employer requires the nurse to work in excess of the hours agreed upon by the nurse and the employer; (« heures supplémentaires obligatoires »)

3   The following is added after subsection 3(1):

Provincial objective and priority — no mandatory overtime for nurses

3(1.1)   Without limiting subsection (1), it is hereby declared to be a provincial objective and priority that health services are to be provided in a manner that does not require nurses to work mandatory overtime.

Benchmarks

3(1.2)   The minister may, by regulation, establish benchmarks to be used for the purpose of achieving the provincial objective and priority for eliminating mandatory overtime for nurses.

Application — when mandatory overtime permitted

3(1.3)   Despite any benchmark established by regulation, mandatory overtime may be required in the following circumstances:

(a) in a present or imminent situation or condition that requires prompt action to avoid or limit loss of life or harm to an individual's health;

(b) when required by or under an enactment in relation to an existing or threatened disaster or emergency.

Oversight committee

3(1.4)   The minister may establish an oversight committee to provide advice on the provision of health services in a manner that meets the benchmarks for eliminating mandatory overtime for nurses.

Role of committee

3(1.5)   At the request of the minister, the committee must make recommendations on the establishment of baselines and on any other matter relating to the benchmarks on which the minister seeks the committee's advice.

Conflict

3(1.6)   In the case of a conflict or inconsistency between mandatory overtime permitted by subsection (1.3) and a requirement of subsection 19(2) of The Employment Standards Code, subsection (1.3) prevails.

4   The following is added after clause 23(2)(g):

(g.1) prepare and implement a plan for providing health services in a manner that meets the benchmarks for the elimination of mandatory overtime for nurses;

5   Subsection 23.2(2) is amended by adding the following after clause (c):

(c.1) prepare and implement a plan for providing health services in a manner that meets the benchmarks for the elimination of mandatory overtime for nurses;

6   Subsection 23.3(2) is amended by adding the following after clause (c):

(c.1) prepare and implement a plan for providing health services in a manner that meets the benchmarks for the elimination of mandatory overtime for nurses;

7   Section 35 is renumbered as subsection 35(1) and the following is added as subsection 35(2):

Failure to comply with benchmarks

35(2)   For certainty, a health authority fails to comply with this Act when it fails to provide health services in a manner that meets the benchmarks for the elimination of mandatory overtime for nurses.

8   Section 36 is renumbered as subsection 36(1) and the following is added as subsection 36(2):

Failure to comply with benchmarks

36(2)   For certainty, a health care organization or health corporation fails to comply with this Act when the organization or corporation fails to provide health services in a manner that meets the benchmarks for the elimination of mandatory overtime for nurses.

9(1)   Subsection 54(1) is amended by adding the following after clause (b.1):

(b.2) shall, if it receives operational funding from a health authority, ensure that it prepares and implements a plan for providing health services in a manner that meets the benchmarks for the elimination of mandatory overtime for nurses;

9(2)   The following is added after subsection 54(2):

Plan for meeting mandatory overtime benchmarks

54(3)   A health care organization, health corporation or other person in receipt of payments or funding from a health authority that is required to prepare a plan under clause (1)(b.2) must

(a) submit its plan to the authority within the time and in the form specified by the authority; and

(b) make any amendment to the plan as directed by the authority.

10   Section 60 is amended by adding the following as clause (b.2):

(b.2) for the purpose of subsection 3(1.2),

(i) establishing one or more benchmarks for the elimination of mandatory overtime for nurses that a health authority, health care organization or health corporation, or other person in receipt of payments or funding from a health authority, must comply with, including prescribing a benchmark by reference to the following:

(A) unit, program, type of health services or acuity levels of patients,

(B) sites or areas of the province,

(ii) prescribing a baseline to be used in establishing a benchmark,

(iii) prescribing the effective date of a benchmark, and

(iv) without limiting clause (i) or (m), respecting reporting requirements on the use of mandatory overtime by a health authority, health care organization or health corporation, or other person in receipt of payments or funding from a health authority;

RELATED AND CONDITIONAL AMENDMENTS

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

11   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 to provide care to a patient if the member refuses to work mandatory overtime that is not overtime permitted by subsection 3(1.3) of The Health System Governance and Accountability Act.

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

12   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 or a member of the College of Registered Psychiatric Nurses of Manitoba does not engage in professional misconduct or breach their duty to provide care to a patient if the member refuses to work mandatory overtime that is not overtime permitted under subsection 3(1.3) of The Health System Governance and Accountability Act.

Conditional amendment

13   On the day The Licensed Practical Nurses Act is repealed, as provided for under section 261 of The Regulated Health Professions Act, section 134.1 of The Regulated Health Professions Act, as enacted by section 12 of this Act, is amended by striking out "A member of the College of Registered Nurses of Manitoba" and substituting "A member of the College of Registered Nurses of Manitoba, a member of the College of Licensed Practical Nurses".

Coming into force

14   This Act comes into force on a day to be fixed by proclamation.