Last week the BC Care Providers Association issued a report which responds to the 78 recommendations put forward in a consultation paper issued by the BC Legal Institute (BCLI), as part of the Employment Standard Act Reform Project. BCCPA’s report was supported by BCCPA’s Board of Directors and was informed by a working group of continuing care providers with expertise in the area of labour and employment issues.
“We are pleased to have had the opportunity to participate in BCLI’s consultation and are appreciative to our members who shared their knowledge and understanding of employment issues in British Columbia’s seniors care sector,” says BCCPA CEO Daniel Fontaine.
“BCCPA has developed a report which provides a balanced response to the tentative recommendations posited by BCLI. We feel that our feedback appreciates the importance of adequate worker protections, the well being of seniors, and the needs of the organizations who provide essential services to some of B.C.’s most vulnerable people.”
The Reform Project was launched in 2014 to consider changes to the Employment Standards Act (ESA), which was last updated over two decades ago. In B.C. the ESA is a cornerstone piece of legislation which governs the employment relationship between organizations and non-unionized workers. B.C. is unique, in the sense that it is the only province where the ESA does not form the mandatory minimum for collective agreements, which fall under the Labour Code (a matter which is discussed in BCLI’s report).
The project has been funded by the Law Foundation of British Columbia, the Ministry of Labour, the Coalition of BC Businesses, the British Columbia Government and Service Employees’ Union, the Hospital Employees’ Union, and the Vancouver and District Labour Council.
As the BC Law Institute (BCLI) notes, the nature of work has changed considerably since the last update of the Employment Standards Act.
“In addition to changes which have affected almost every sector – such as the ability to work remotely or use cell-phones for work purposes – there have also been significant developments which are specific to organizations providing care for seniors. Most importantly the sector is in in the midst of a health human resource crisis, which is expected to continue without immediate action,” says Fontaine.
The consultation on the Employment Standards Act is taking place at the same time which the Ministry of Labour is reviewing recommendations relation to revisions of B.C.’s Labour Code. While the recommendations are yet to be made public by the Ministry, BCCPA is following this issue closely.
BCCPA members can find the full response to BCLI’s Consultation Paper on M365.
