Saskatchewan has fixed an essential services law that the Supreme Court struck down as unconstitutional in a case with potential implications across the country.
REGINA — Saskatchewan has fixed an essential services law that the Supreme Court struck down as unconstitutional in a case with potential implications across the country.
Labour Minister Don Morgan has introduced amendments to the province’s employment act which he says comply with the high court’s ruling affirming the right to strike as constitutionally protected.
&quot;We will have a piece of legislation, when it passes, that we believe will continue to provide safety and security for the citizens of the province. We also believe that it will provide a process to get a settlement where a union’s right to strike isn’t limited,&quot; Morgan said Thursday at the legislature in Regina.
In January, the Supreme Court struck down the law that prevented some public-sector employees from striking. The court also gave Saskatchewan one year to enact new legislation and made clear that any new law had to be fair to workers.
Under the old law, essential services were defined as a service to prevent a danger to life, health or safety, serious environmental damage, the destruction or serious deterioration of machinery, equipment or premises, and disruption of the courts.
The amendments remove the definition altogether and allow the parties involved to determine what duties must be maintained.
The changes also remove a controversial part of the old law which said that the government could choose who was an essential worker if the two sides couldn’t agree. A tribunal will now decide what services are essential if the two sides can’t agree.
Morgan says the changes were made in consultation with labour groups.
Barbara Cape is president of the Service Employees’ International Union-West, which has about 100,000 members working for employers who include school boards, home-care agencies, hospitals, emergency services, social services and municipalities.
&quot;The proof will absolutely be in how it’s implemented, how it’s used, how it’s interpreted,&quot; she said from Saskatoon.
Tracey Zambory, president of the Saskatchewan Union of Nurses, said the changes need more analysis.
The essential services legislation was introduced shortly after the Saskatchewan Party first won power in 2007. Court challenges launched by labour groups in 2008 went all the way to the Supreme Court.
Morgan acknowledged it was a long process.
Morgan suggested the Saskatchewan model is likely to be looked at by other jurisdictions.
Nova Scotia enacted its own essential services legislation for health-care workers in April 2014, joining Newfoundland and Labrador and British Columbia with such laws. Last April, an Alberta court struck down two provincial labour laws that took away the right to strike for thousands of public-sector workers.
Dec. 20, 2006: Stalled contract talks result in hundreds of corrections workers and snowplough operators going on strike.
Jan. 9, 2007: Then-opposition leader Brad Wall publicly mulls essential services legislation.
June 28, 2007: Debate about essential services legislation re-ignites as a full-scale strike by 2,700 health-care workers looms.
Dec. 5, 2007: Premier Brad Wall says government will introduce essential services legislation to ensure certain services are still provided if public sector employees go on strike.
July 29, 2008: SFL launches a constitutional challenge of Bills 5 and 6, arguing they violate workers’ rights to collective bargaining and organizing new unions.
Feb. 6, 2012: Queen’s Bench Justice Dennis Ball rules Saskatchewan’s essential services legislation is unconstitutional, though he upholds Trade Union Act amendments.
March 5, 2012: Provincial government announces it is appealing Justice Ball’s ruling. The appeal begins Nov. 27.
April 26, 2013: Saskatchewan Court of Appeal Justice J.A. Richards upholds the Saskatchewan Party government’s Public Service Essential Services Act.
Oct. 17, 2013: Supreme Court of Canada says it will hear SFL’s appeal of Richards’ court decision.
Jan. 30, 2015: Supreme Court of Canada strikes down the 2008 Public Service Essential Services Act. In a 5-2 ruling. The court finds unionized Canadian workers have a constitutionally guaranteed right to strike.
Sept. 9, 2015: A consultation paper, prepared by government and SFL, goes to public sector employers and unions with the hope comments can be turned into legislation.
Oct. 15, 2015: Government introduces essential services amendments.
1) The definition of essential services has been removed. Instead, parties would determine what is essential in their respective organizations.
2) The union will identify qualified members to fill any vacancies in the essential services work schedule. During a strike, those workers would perform only the duties deemed essential.
3) When parties can’t reach an essential services agreement, the question will go to an independent dispute resolution body called the Essential Services Tribunal.
4) The tribunal has 60 days in which to hear arguments and a further 14 days to make a decision. That decision comes into effect 48 hours later.
5) If an essential services agreement ends up interfering with work action, an application can be made to the tribunal to revisit the agreement under binding mediation-arbitration.