DRAFT legislation – the Protecting Public Service Act, 2012 – has been released for public consultation. It is very important to note that this proposed legislation has NOT YET been tabled for first reading. Government has not yet indicated how long it will hold open this consultation phase, but for comparison, the consultation period for the legislation affecting collective agreements for teachers lasted 11 days. Key points for Family Health Teams:
- Over half of all FHTs would be affected by this proposed legislation, since it covers all not for profit organizations that have received at least $1 million from Government in 2011-12. (Organizations may be prescribed by regulation, so it’s conceivable this could possibly affect all FHTs.)
- The bill could affect all employees. Schedule 1 sets compensation rules for non-bargaining employees. Schedule 2 creates a new framework for provincial control of the collective bargaining process, e.g. establishing enforceable bargaining mandates and a standing power to impose a collective agreement.
- For non-bargaining staff, the bill would impose a two-year freeze on pay and no movement up an established salary grid.
- With very limited exceptions, there may be no increases to an affected employee’s existing benefits, perquisites or other payments and no new or additional benefits, perquisites or payments for two years.
- Renewal of an employment contract would not permit a compensation increase during this wage restraint period.
- This Act would prevail over any compensation plan.
- The Minister of Finance would be permitted to issue directives requiring compliance reports to be filed.
AFHTO continues to work in collaboration with the Association of Ontario Health Centres and the Nurse Practitioners’ Association in research and advocacy on the issue of recruitment and retention of staff in interprofessional primary care organizations. Drawing from the facts and issues presented in our joint report – Toward a Primary Care Recruitment and Retention Strategy for Ontario (https://www.afhto.ca/news-events/news/toward-a-primary-care-recruitment-retention-strategy-for-ontario/) – our three associations will develop a joint response to this legislation. Ontario’s Action Plan for Health Care calls for “Family Health Care at the Centre of the System”; developing the primary care sector requires the ability to attract and retain staff in a competitive environment. We’ll keep you posted as we hear more. Please keep us informed as well if you hear any developments. For more information and analysis on the proposed Protecting Public Service Act, 2012, go to:
- Ministry of Finance overview and full copy of the proposed Act – http://www.fin.gov.on.ca/en/savings/protecting.html
- Analysis by Miller Thomson LLP – http://millerthomson.com/en/publications/communiques-and-updates/labour-and-employment-communique/september-27-2012?print=true
- Analysis by Hicks Morley LLP – http://www.hicksmorley.com/index.php?name=News&file=article&sid=1379&catid=6