On November 19, 2003, the Health Sector Partnerships Agreement Act (Bill 94) was introduced in the Legislature. Bill 94 will apply to designated private sector partners participating in health sector “public-private partnerships” (also known as “P3’s”), including private sector partners for the construction and operation of the Abbotsford Hospital and Cancer Centre, and any other private sector partners designated by regulation.
Under Bill 94, designated private sector partners, their contractors and sub-contractors have the same rights to contract out non-clinical services as do health sector employers under the Health and Social Services Delivery Improvement Act (Bill 29). Like Bill 29, Bill 94 prohibits restrictions on contracting out in collective agreements and restricts true employer, common employer, and successorship declarations in contracting out situations.
Bill 94 also precludes a health sector employer partner from being declared the true employer of employees of a designated private sector partner unless the health sector employer intended the employees to be fully integrated with its operations and working under its direct supervision and control.
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