The Liberal government has recently enacted Labour Relations Code Amendment Act, 2002 (“Bill 42”). Bill 42 significantly impairs the ability of working people to obtain and maintain the rights and protections afforded by the Code and collective agreements.

Sections 2 through 8 of Bill 42 came into effect July 30, 2002. Section 1, the one remaining section, came into effect September 1, 2002.

Bill 42 includes significantly modified versions of the two most significant proposals from the government’s March 12, 2002 “discussion paper”. The modifications to these discussion paper proposals incorporate changes requested by the Business Council of British Columbia in its submissions to the government. The government is still considering the other discussion paper proposals.

The two key elements of Bill 42 are:

1. Amendments concerning employer communications with employees (these amendments came into effect July 30, 2002).

2. Amendments concerning the purposes of the Code (these amendments will come into effect September 1, 2002).

It remains to be seen how the Board will interpret and apply the Bill 42 amendments. However, in our view, the amendments concerning the purposes of the Code may well result in a substantial change in the Board’s approach to the various substantive provisions of the Code in favour of employers. These amendments may also affect decisions by arbitrators and may result in increased Board intervention in free collective bargaining and the internal affairs of unions.

In addition, the amendments concerning employer communications with employees may result in the Board allowing employers considerably increased latitude to actively campaign against unions during organizing campaigns, effectively immunizing employer communications from existing unfair labour practice provisions of the Code.

View our commentary to Bill 42.

View our earlier commentary on the discussion paper released by the Liberals.

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