The Nova Scotia Legislature

The House adjourned:
October 26, 2017.

Bill No. 69

Health Authorities Act (amended)

An Act to Amend Chapter 32 of the Acts of 2014, the Health Authorities Act

Introduced by:
Honourable Leo A. Glavine
Minister of Health and Wellness

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) March 30, 2015
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement April 1, 2015
2015 Statues, Chapter 1

Explanatory Note

Clause 1

(a) adds definitions of “council of unions” and “filing date”;

(b) amends the definition of “mediator-arbitrator”;

(c) repeals the definition of “type”; and

(d) amends a cross-reference as a result of amendments made by this Act.

Clause 2 expands the scope of a paramountcy provision, which provides that certain provisions of the Health Authorities Act (“the Act”) override all other enactments, awards, rights and agreements, to include new provisions being added by this Act.

Clause 3 repeals a provision that is being re-enacted by Clause 4 elsewhere in the Act.

Clause 4 enacts provisions governing labour relations at the health authorities, providing for

(a) four bargaining units at each health authority;

(b) a council of unions to represent the employees in each type of bargaining unit for the purposes of collective bargaining and negotiating essential services agreements; and

(c) continued representation of employees for all other purposes by the unions they belong to immediately before the earliest date on which the constitutions of all four of the councils of unions have been filed with the Labour Board (“the filing date”).

Clause 5 repeals the transitional labour relations provisions of the Act respecting the determinations to be made by the mediator-arbitrator and replaces them with provisions

(a) providing for the application of the existing collective agreements in accordance with the order of the mediator-arbitrator until such time as new collective agreements are negotiated;

(b) exempting from the application of certain provisions of the Trade Union Act labour relations between a health authority, its unionized employees and the unions and council of unions that represent the employees until a first collective agreement is concluded between the health authority and the council of unions; and

(c) nullifying the orders of the mediator-arbitrator to the extent that they declared certain unions to be the exclusive bargaining agents for certain bargaining units.

Clause 6 extends until the filing date the period during which

(a) notice to commence collective bargaining may not be given; and

(b) collective bargaining or negotiations for an essential services agreement may not commence or continue.

Clause 7 extends until the filing date the period during which lockouts and strikes are prohibited.

Clause 8 extends until the filing date the period until the expiration of which

(a) a lockout or strike must cease;

(b) no further time in the 14-day period prescribed by subsection 47(1) of the Trade Union Act elapses if a conciliation officer has filed a report under subsection 38(1) of that Act; and

(c) the 14-day period prescribed by subsection 47(1) of the Trade Union Act does not begin if, before the filing date, a conciliation officer files a report under subsection 38(1) of that Act.

Clause 9 repeals provisions of the Act that have been made redundant by this Act.

Clause 10 makes consequential amendments to

(a) replace a provision that, upon being proclaimed in force, eliminates the inapplicability of certain provisions of the Trade Union Act to labour relations between a health authority, its unionized employees and the unions; and

(b) repeal a provision that has been made redundant.

Clause 11 amends a cross-reference as a result of amendments made by this Act