Alberta Record

· Bill / Institutional Change · enacted

Bill 22 — Labour Relations Framework for Health Sector Restructuring

Establishes a framework for the transfer of employees from regional health authorities to new provincial health agencies and outlines the continuation of collective agreements and labour relations matters during this transition.

Moderate impactCentralization of powerHealth-care bodiesThe public, directlyLegislature

What changed

  • Empowered the oversight Minister to transfer employees or classes of employees from regional health authorities to provincial health agencies by order during a two-year transitional period (Section 5.091(1) of the new Act).
  • Stipulated that employment of transferred employees is deemed continuous and uninterrupted (Section 5.091(4) of the new Act).
  • Provided that employees transferred to a substantially similar position are not entitled to severance pay, termination pay, or other compensation, notwithstanding other enactments or employment contracts (Section 5.093 of the new Act).
  • Established rules for the continuation of initial bargaining units, bargaining agents, and collective agreements as 'successor' entities under the new provincial health agencies (Sections 5.096, 5.097, 5.098 of the new Act).
  • Amended the Labour Relations Code to include provincial health agencies as employers subject to certain labour relations provisions (Section 25).

Why it matters

  • Provides a legal mechanism for the large-scale transfer of health care employees, impacting a significant portion of the provincial workforce.
  • Removes severance entitlements for employees whose positions are deemed 'substantially similar' after transfer, potentially affecting employee rights and compensation during restructuring.
  • Ensures continuity of collective bargaining relationships and agreements during the transition, but under the new employer structure.
  • The framework dictates how labour disputes and grievances will be handled during the restructuring, potentially affecting union representation and employee recourse.

Other governance concerns

  • Employee rights
  • Collective bargaining rights
  • Compensation during organizational change

Primary sources (1)