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This Act is current to November 29, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Public Education Flexibility and Choice Act

[SBC 2002] CHAPTER 3

Assented to January 28, 2002

Contents
Part 1 — College and Institute Labour Adjustment
1Definitions
2Restrictions removed
3Dispute resolution
4Application
Part 2 — Education Statutes Amendments
5–16 Amendments
17Commencement

Part 1 — College and Institute Labour Adjustment

Definitions

1  In this Part:

"class" means a set of students to which a faculty member delivers a course or unit of curriculum or instruction;

"collective agreement" means a collective agreement between an institution and a bargaining agent for faculty members of that institution;

"distributed learning" means a method of instruction that, in whole or in part, uses information technology, teleconferencing or correspondence as a means of instruction;

"faculty member" means a faculty member under the College and Institute Act;

"institution" means an institution established or continued under the College and Institute Act;

"professional development time" means time allocated under a collective agreement to faculty for professional development.

Restrictions removed

2  Despite any other Act or a collective agreement, an institution has the right to

(a) establish the size of its classes, the number of students who may be enrolled in or assigned to a class and the total number of students who may be assigned to a faculty member in a semester, a term or an academic year,

(b) assign faculty members to instruct courses using distributed learning,

(c) determine its hours of operation and the number and duration of terms or semesters during which instruction is offered to students,

(d) allocate professional development time and vacation time to facilitate its organization of instruction, and

(e) provide support for faculty members, including, but not limited to, teaching assistants, senior students, contractors and support staff members.

Dispute resolution

3  (1) Any dispute between an institution and a trade union over the interpretation, administration or application of this Part in respect of a collective agreement may be resolved through the grievance and arbitration procedure under the collective agreement.

(2) An institution exercising or purporting to exercise a right under this Part must not be restrained by injunction, prohibition or stay of proceedings by an arbitration board or the Labour Relations Board.

Application

4  (1) The Labour Relations Code and the regulations made under it apply in respect of the matters to which this Part applies, but if there is a conflict or inconsistency between this Part and those enactments, this Part applies.

(2) A provision in a collective agreement entered into before or after the coming into force of this section that is inconsistent with or that limits, restricts or interferes with an institution's exercise of the rights established in this Part is void to the extent of the inconsistency, limitation, restriction or interference.

(3) A provision of a collective agreement that requires an institution to negotiate with a trade union to replace any provision of the agreement that is void as a result of subsection (2) or is consequential to a matter to which this Part applies is also void.

Part 2 — Education Statutes Amendments

Amendments

[Note: See Table of Legislative Changes for the status of these provisions.]

Section(s) Affected Act
5–15 School Act
16 Public Education Labour Relations Act

Commencement

17  (1) Sections 6 and 7 come into force by regulation of the Lieutenant Governor in Council.

(2) Section 8 (c) and (d) comes into force on July 1, 2002, unless a different date is established by regulation of the Lieutenant Governor in Council, and the regulation establishing a different date may apply to one or more boards as specified in the regulation.

(3) Section 15 comes into force on July 1, 2002.