1993 Legislative Session: 2nd Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 12th day of July,
1993
Ian D. Izard, Law Clerk.
HONOURABLE TOM PERRY
MINISTER OF ADVANCED EDUCATION,
TRAINING AND TECHNOLOGY
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The Institute of Technology Act, R.S.B.C. 1979, c. 199, is amended by adding the following section:
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.
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:
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.
4 Section 2 of the University Act, R.S.B.C. 1979, c. 419, is repealed.
5 The following section is added:
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.
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