1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE TOM PERRY
MINISTER OF ADVANCED EDUCATION,
TRAINING AND TECHNOLOGY

BILL 15 -- 1993

ADVANCED EDUCATION, TRAINING AND TECHNOLOGY STATUTES AMENDMENT ACT, 1993

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

 
Institute of Technology Act

1 The Institute of Technology Act, R.S.B.C. 1979, c. 199, is amended by adding the following section:

Control on expenditure for benefits

9.1 (1) If the services of employees of the institute are withheld, or the institute locks out the employees, as a consequence of a dispute or other disagreement between the institute and employees of the institute

(a) the total of unexpended amounts of the grant made to the institute in the fiscal year is reduced by the value of the benefits, and

(b) the amount of the reduction calculated under paragraph (a) is a debt due and owing to the Crown in right of the Province and must be

(i) paid by the institute to the Crown in right of the Province, or

(ii) withheld by the minister from future grants to the institute in the fiscal year or a future fiscal year.

(2) In subsection (1) (a) the "value of the benefits" is the value of the benefits the employees would receive for the period of the withholding or lockout in the fiscal year if the employees had worked, less the costs necessarily incurred by the institute as a consequence of the withholding or lockout and approved by the minister.

 
Open Learning Agency Act

2 Section 10 (1) of the Open Learning Agency Act, S.B.C. 1987, c. 62, is amended by striking out "liability of expenditure" and substituting "liability or expenditure".

3 The following section is added:

Control on expenditure for benefits

11.1 (1) If the services of employees of the agency are withheld, or the agency locks out the employees, as a consequence of a dispute or other disagreement between the agency and employees of the agency

(a) the total of unexpended amounts of the grant made to the agency in the fiscal year is reduced by the value of the benefits, and

(b) the amount of the reduction calculated under paragraph (a) is a debt due and owing to the Crown in right of the Province and must be

(i) paid by the agency to the Crown in right of the Province, or

(ii) withheld by the minister from future grants to the agency in the fiscal year or a future fiscal year.

(2) In subsection (1) (a) the "value of the benefits" is the value of the benefits the employees would receive for the period of the withholding or lockout in the fiscal year if the employees had worked, less the costs necessarily incurred by the agency as a consequence of the withholding or lockout and approved by the minister.

 
University Act

4 Section 2 of the University Act, R.S.B.C. 1979, c. 419, is repealed.

5 The following section is added:

Control on expenditure for benefits

28.1 (1) If the services of employees of a university are withheld, or the university locks out the employees, as a consequence of a dispute or other disagreement between the university and employees of the university

(a) the total of unexpended amounts of the grant made to the university in the fiscal year is reduced by the value of the benefits, and

(b) the amount of the reduction calculated under paragraph (a) is a debt due and owing to the Crown in right of the Province and must be

(i) paid by the university to the Crown in right of the Province, or

(ii) withheld by the minister from future grants to the university in the fiscal year or a future fiscal year.

(2) In subsection (1) (a) the "value of the benefits" is the value of the benefits the employees would receive for the period of the withholding or lockout in the fiscal year if the employees had worked, less the costs necessarily incurred by the university as a consequence of the withholding or lockout and approved by the minister.

 
Explanatory Notes

 
Institute of Technology Act

SECTION 1: enacts a new section 9.1 of the Institute of Technology Act. Section 9.1 is similar in effect in the institute context to section 31 of the College and Institute Act in the colleges and institutes context. Section 9.1 allows the Provincial government to recover any savings on benefits that accrue to the institute as a result of a labour dispute.

 
Open Learning Agency Act

SECTION 2: corrects a minor typographical error in section 10 (1) of the Open Learning Agency Act.

SECTION 3: enacts a new section 11.1 of the Open Learning Agency Act. Section 11.1 is similar in effect in the agency context to section 31 of the College and Institute Act in the colleges and institutes context. Section 11.1 allows the Provincial government to recover any savings on benefits that accrue to the agency as a result of a labour dispute.

 
University Act

SECTION 4: repeals section 2 of the University Act which specifies that the Lieutenant Governor is the Visitor at each university with all the authority that a Visitor traditionally had to require an accounting from a university on the conduct of its affairs.

SECTION 5: enacts a new section 28.1 of the University Act. Section 28.1 is similar in effect in the universities context to section 31 of the College and Institute Act in the colleges and institutes context. Section 28.1 allows the Provincial government to recover any savings on benefits that accrue to a university as a result of a labour dispute.


[ Return to: Legislative Assembly Home Page ]

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada