Memorandums

MOA, LOA, MOU, and LOUs relating to the Collective Agreement

The following Memorandums and Letters are not articles within the Collective Agreement, but address specific areas of and issues within the Collective Agreement (such as call stipends, parking and fees). They are agreed upon at the bargaining table between HEABC and Resident Doctors of BC.

The Letter of Understanding re: Administration of Employment Matters Affected by Academic Decisions, is outside of the Collective Agreement and is signed by HEABC, Resident Doctors of BC and UBC.

Memorandum of Agreement

  • re: Declaration on the Rights of Indigenous Peoples and Eliminating lndigenous Specific Racism in Healthcare

    The parties acknowledge the pervasive and ongoing harms of colonialism faced by Indigenous peoples. These harms include the widespread systemic racism against Indigenous peoples in BC’s   health system, as highlighted in the 2020 In Plain Sight report. 

    The parties agree to uphold the united Nations Declaration on the Rights of Indigenous Peoples, which  has been brought into the laws of British Columbia under the declaration on the Rights of Indigenous Peoples Act, SBC 2019, c 44.  

    The parties commit to working together to address the ongoing harms of colonialism and racism faced by Indigenous patients, clients, Residents, service users, health care staff and providers, including by: 

    • Committing to reconciliation in health care by supporting comprehensive, system- wide changes that enable Indigenous-specific anti-racism, and cultural safety; 
    • Working together to actively identify, address and rectify barriers in Collective  Agreements; and 
    • Working to increase the representation of Indigenous individuals in the healthcare  workforce. 

    The parties acknowledge that a coordinated and integrated provincial and sector-wide approach is crucial to further these joint commitments to eliminate Indigenous-specific racism and to create a culturally safe health care system. 

    To date, and in furtherance of recommendation no. 19 of the In Plain Sight report, Ministry of Health has partnered with the National Collaborating Centre for Indigenous Health (NCCIH), housed at University of Northern BC, to build a collection of anti-racism, cultural safety and trauma-informed standards, policy, tools and resources for health care organizations, including developing new tools and resources specific to BC. 

    Accordingly, building on the work underway, the parties support the creation of a provincial forum, led by the Indigenous Health branch of the Ministry of Health, that will include representatives from HEABC, health authority Vice Presidents of Indigenous Health and other leaders, representatives of other HEABC members, and health sector bargaining associations to engage in collaborative discussions that will inform the work moving forward and best position the parties in future rounds of collective bargaining (the “Forum”). Ministry of Health may also invite representatives from other relevant groups identified by the Ministry of Health, including Indigenous elders or knowledge keepers, to participate in the Forum from time to time or on an ongoing basis. 

    By (date TBD), Ministry of Health will establish the Forum and present the Terms of Reference that will set out the purpose: 

    • To create a Forum for health authority Indigenous leaders and other leaders, and representatives of other HEABC members and unions to have continuing dialogue on the commitments stated above. The parties may use the Forum to present their ongoing or developing organizational initiatives, including the implementation of the Cultural Safety and Humility Standard, complaints processes, education, and training to eliminate Indigenous-specific racism and to hardwire cultural safety and humility into the workplace; 
    • To discuss ways to leverage resources being developed by NCCIH and Ministry of Health, as well as raising awareness of the wealth of resources within the health system now, including the repository of work housed with the NCCIH and resources already developed by health authorities; 
    • To discuss ways to address recruitment and retention of Indigenous staff, which may include developing recommendations for changes to Collective Agreement language in the next round of collective bargaining; 
    • To provide an opportunity for Ministry of Health to solicit feedback and report out on ongoing provincial initiatives, including continuing implementation of the In Plain Sight recommendations and the phased roll-out of the Anti-Racism Data Act, SBC 2022, c.18; and 
    • To improve awareness of and compliance with the declaration on the Rights of Indigenous Peoples Act, SBC 2019, c 44. 

    It is understood that the Forum should serve all interested parties in the provincial health care sector, not only Residents. To that end, the parties will make all reasonable efforts to promote participation in the Forum on a provincial and sector-wide basis. 

  • re: Diversity Equity and Inclusion Working Group
    1. The parties agree that addressing and improving diversity, equity and inclusion (DEI) in the workplace is a priority for the health sector, not only for healthcare staff, but also to better  serve patients, clients and Residents. 
    2. The parties have a joint interest in creating safe, inclusive work environments by developing approaches to foster positive spaces, identifying and making efforts to remove barriers to individuals of under-represented groups, and making recommendations to employers and employees to further diversity, equity and inclusion in the workplace.
    3. Accordingly, within 120 days of ratification the parties will establish a coordinated and integrated provincial and sector-wide Diversity, Equity and Inclusion Working Group (the “Working Group”).
    4. The Working Group will be established by Provincial Health Human Resources Coordination Centre (PHHRCC) and will include representatives from health authorities, other HEABC member representatives, and health sector bargaining associations.
    5. The Working Group may invite subject matter experts and other relevant government ministries to attend as guests and to participate in conversations as needed.
    6. The Working Group will meet quarterly (or as otherwise agreed) and will complete their work prior to March 31, 2025.
    7. The Working Group’s focus will be the advancement of diversity, equity and inclusion in health care workplaces and the Working Group will: 
      • Develop terms of reference; 
      • Engage and consult stakeholders as required; 
      • Gather all necessary data in accordance with applicable privacy legislation in advance of the Working Group’s meetings to inform discussion s and actions of the Working Group; 
      • Conduct a review and analysis of available relevant data to benchmark the current state of the health care workforce with the intention to identify current gaps in under- represented workers; 
      • Support the creation of a safe and discrimination-free workplace through identifying solutions to address barriers to employment and career advancement; 
      • Review available data in accordance with applicable privacy legislation; 
      • Review existing health authority/Providence Health Care (PHC) DEI programs and actions to identify gaps; and
      • Recommend a framework and action plan to improve diversity, equity and inclusion in healthcare workplaces, in concert with existing health authority/PHC work. Recommendations may include: 
        • Suggestions to the Ministry of Health for the supports and resources necessary to advance DEI initiatives and foster inclusive environments; and 
        • Suggestions to the Ministry of Health or health authorities/PHC on employee DEI training, which may include anti-racism training, gender and sexual diversity training, anti-harassment training, and disability awareness training. 
    1. The Working Group will make recommendations to PHHRCC.
    2. The parties will work co-operatively to implement and promote the framework and action plan if the recommendations are adopted by the Ministry of Health and the health authorities/PHC.
  • re: Membership on Provincial Psychological Health and Safety Committee
    • The parties share a common interest in preventing workplace injuries and promoting safe and healthy workplaces throughout the health care sector and acknowledge the need for a coordinated and integrated effort to improve the health and safety of all health care workers, including Residents.
    • The parties agree that the Resident Doctors of British Columbia will be granted membership on the Provincial Psychological Health and Safety Committee.
    • Article 2.09 will apply to Residents fulfilling their duties as an appointed representative of RDBC on the Committee.
  • re: Provincial Employer and Resident Occupational Health and Safety Committee

    Between HEABC and RDBC

    The Employer and RDBC agree to cooperate in the promotion of safe working conditions, the prevention of accidents, the prevention of workplace injuries, and the promotion of safe workplace practices.

    The parties recognize that there are unique challenges when it comes to addressing OH&S issues that impact Residents, who are employees and learners under a Distributed Medical Education model which requires many of them to work at different sites for more than one Employer In order to complete their Residency Program.

    The parties agree that the Employer and RDBC will establish a provincial committee on Resident Occupational Health and Safety (the “Committee”), within a hundred and twenty (120) days of ratification, to discuss OH&S issues affecting Residents.

    The Committee will meet at least twice per year, or within thirty (30) days at the request of any party. When responding to requests to meet on short notice, the parties will give matters of an urgent nature priority.

    The Committee will consist of RDBC and Employer representatives, including OH&S representatives. UBC will be invited to participate in the Committee in recognition of the Residents’ dual status as learner and employee. Each party will bear its own costs of participation In the Committee.

    The Committee will:

    • Discuss Resident OH&S issues and concerns;
    • Ensure alignment with other OH&S committees, organizations and systems, including incident reporting systems;
    • Facilitate co-operation between RDBC and Employers on Resident OH&S issues; and
    • Facilitate information sharing.

    Article 2.08 will apply to Residents fulfilling their duties as an appointed representative of RDBC on the Committee.

    Article 3, Grievance Procedure and Article 4, Arbitration, do not apply to this Memorandum of Agreement. Any disagreements or disputes between members of the Committee must be resolved through discussion between RDBC and HEABC.

    This Memorandum of Agreement will expire March 31, 2025, unless expressly renewed.

  • re: Provincial Occupational Health and Safety

    The parties share a common interest in preventing workplace injuries and promoting safe and healthy workplaces at all worksites, throughout the health care sector.

    The parties acknowledge the need for a provincially coordinated and integrated effort to improve the health and safety of health care workers and to establish systems to implement the shared objectives below:

    • Promote a safe and healthy work environment and organizational safety culture through prevention of injury initiatives, safe workloads, promotion of safer work practices and healthy workforces, including pilot and demonstration programs;
    • Prevent and reduce the incidence of injuries (physical and psychological) and occupational diseases;
    • Support the adoption of leading (best) practices, programs or models;
    • Facilitate co-operation between unions and employers on health and safety issues;
    • Facilitate and provide education and training for effective functioning of local Joint Occupational Health and Safety committees;
    • Share information, data. and experience across the sector;
    • Improve awareness of and compliance with Workers Compensation Act, Occupational Health and Safety Regulation and relevant physical and psychological standards; and
    • Support the implementation of Canadian Standards Association (CSA) Standards for Occupational Health and Safety Management and Psychological Health and Safety in the Workplace.

    And where as the BC Health Care Occupational Health and Safety Society (currently known as SWITCH BC) was jointly established in November 2020 to provide the organizational basis for an innovative and collaborative initiative to influence, invest in and support province wide initiatives to improve health care worker health and safety. SWITCH BC was built on the following principles:

    • Broad stakeholder engagement in governance;
    • Collaborative approach:
    • Transparency;
    • Evidence based decision making; and
    • Accountability/Commitment (Compliance).

    Therefore, the parties agree as follows:

    1. The parties commit to support the SWITCH BC in carrying on with projects previously agreed to and future projects in support of occupational health and safety projects in the healthcare sector. An example of such project includes the OHS Resource Centre.
    2. The parties will assist SWITCH BC in securing sources of ongoing funding.
    3. HEABC will contribute a sum of $30,000 per annum to RDBC for occupational health and safety initiatives. The RDBC may use all or part of the funding allocated to it to contribute towards provincial projects undertaken by the SWITCH BC, or the RDBC may choose to use all or part of this funding to, in conjunction with the member Employers and HEABC, identify and address initiatives specific to the RDBC.
  • re: Local and Provincial Emergencies

    Where a local or provincial emergency is declared that impacts bargaining unit employees, the Employer will notify the Union as soon as reasonably possible.

    The Employer will provide relevant Information to the Union.

    The Employer and the Union will meet as soon as reasonably possible to discuss the details and impacts related to the emergency.

  • re: Pandemic Information Sharing Forum

    The parties acknowledge the hard work of employees, Employers and Unions in responding to the COVID-19 pandemic.

    Throughout the COVID-19 pandemic, the parties recognized the value of collaboration and cooperation, and convened a provincial occupational health and safety forum to share information and address provincial-level issues as they arose. The parties found this forum was effective in supporting the pandemic response and addressing health and safety concerns.

    The parties acknowledge the importance of learnings from previous public health emergencies, such as those outlined in the 2003 Ontario SARS Commission final report.

    The parties acknowledge the importance of providing timely information to employees and JOHSC.

    Accordingly, the parties agree to establish a pandemic information sharing forum (the ”forum”) where a public health emergency is declared by the Government of British Columbia that creates a health risk for a significant number of employees.

    The forum will consist of one (1) representative from each participating bargaining associations, HEABC, Employer representatives, and a senior representative from Ministry of Health. The forum may also include a representative from Doctors of BC, WorkSafeBC or other relevant groups as agreed by the participants.

    The purpose of the forum is to promote information sharing related to pandemic occupational health and safety matters, with the following principles:

    • Open, transparent and respectful communications
    • Focus on provincial level issues
    • Interest based approach

    The forum will determine the meeting frequency.

  • re: Joint Provincial Health Human Resources Coordination Centre (PHHRCC) - Bargaining Association Consultation Forum

    Social. environmental, demographic, and economic factors are increasing the demand for healthcare within British Columbia. To deliver the required services a skilled and engaged workforce is required. That workforce is integral to a robust, accessible public system with the ability to rapidly respond to key challenges.

    The past few years have been a time of unprecedented change and challenge for B.C.’s health workforce. It is important for the system to have a coordinated approach to identify important themes, address challenges. and build upon existing resources to create a sustainable. equitable. and effective healthcare system,

    To effectively deliver on this work the Ministry of Health has established a new Provincial Health Human Resources Coordination Centre (PHHRCC) with membership from the Ministry of Health, Health Sector Workforce and Beneficiary Services Division, regional health authorities, the Provincial Health Services Authority, the Health Employers Association of B.C., and the First Nations Health Authority. The PHHRCC reports to Leadership Council.

    The PHHRCC is intended to bring significant focus, attention and discipline to key provincial­ level human resource planning activities and initiatives. It will identify strategic actions, develop implementation plans for key approaches, and provide governance, oversight and monitoring of the implementation of these plans. The PHHRCC will look at both intermediate and long-term strategies and actions, as well as address urgent challenges through immediate action, including a focus on supporting Indigenous workers and supporting development of a culturally safe workplace.

    In furtherance of the work of the PHHRCC, the Ministry of Health wishes to create a forum for input from Unions. To that end, on a regular basis the Ministry will convene a joint PHHRCC –  Bargaining Association consultation forum for the following purposes:

    1. Seek input from the Bargaining Associations on evolution and implementation of the Provincial Health Human Resource (HHR) Strategy.
    2. Seek input from the Bargaining Associations on issues facing their members with respect to HHR plans, including a specific focus on supporting equity and diversity in the workforce and advancing the recommendations set out through In Plain Sight.
    3. Seek input from the Bargaining Associations on specific initiatives and plans, including a specific focus on strategies or actions to support the retention of the workforce. including mental health and wellness.
    4. Consult with the Bargaining Associations on other initiatives that may be considered by PHHRCC.

    PHHRCC acknowledges the mutual covenants binding the Parties (HEABC and RDBC) through the terms and conditions of the Collective Agreement. When enacting activities and initiatives, PHHRCC shall give recognition to the process for amending these terms and conditions.

    By XX, the Ministry of Health will convene the Forum and present the Terms of Reference for input prior to finalization by the Ministry.

    The Ministry intends for this Forum to serve all interested parties in the provincial health care sector, not only RDBC. To that end. the Ministry will make efforts to promote participation in the Forum on a provincial and sector-wide basis.

    The Ministry of Health shall hold the Forum semi-annually. or more frequently as deemed necessary.

Memorandum of Understanding

Describes a mutual agreement between two parties (Resident Doctors of BC and HEABC) that lies outside of the Collective Agreement articles.

  • re: Workload during Pregnancy

    Between HEABC and RDBC

    HEABC recognizes that the training for Residents is such that an extended absence due to pregnancy could present difficulties in the completion of the training program. Under certain circumstances, it may be beneficial to the Resident, the Employer, and the University to have the workload modified somewhat because of the physical limitations caused by pregnancy to enable the person to continue training with minimal interruption.

    In such cases, the Resident so affected, with counsel from her treating physician, midwife or nurse practitioner, shall review the issue with her Program Director. HEABC supports the position that, if in the opinion of that physician, midwife or nurse practitioner, a reduction in workload is warranted, then the workload shall be reduced to the extent prescribed by the physician, midwife or nurse practitioner, including the elimination of on-call duty if necessary.

    This memorandum is subject to the grievance procedure contained in the Agreement.

  • Read our Interpretation

    If at any point in your pregnancy your attending physician feels a reduction in work is warranted then it shall be reduced, including the possibility of eliminating call.

    UBC also has a policy for expecting residents, which is available here.

  • re: Orientation

    Between HEABC and RDBC

    Where an orientation is scheduled prior to the commencement of the Residents’ Residency Program and where that aspect of the orientation comprises administrative or “hospital” orientation, the Residents will be paid at the regular rate, for those hours that they are in attendance.

    Where an orientation as scheduled prior to the commencement of the Residents’ Residency Program and involves training courses paid for by the Employer such as ACLS and PALS, the Residents will not be paid for such attendance.

  • Read our Interpretation

    The Resident Doctors of BC orientation takes place before the commencement of the academic year, therefore, residents will not be paid for this day.

  • re: Cost of Living Adjustment

    Definitions  

    General Wage Increase” or “GWI” means the overall general wage increase expressed as a percentage.  

    Cost of Living Adjustment” or “COLA” means a percentage-based general wage increase adjustment provided in accordance with this Memorandum of Agreement. COLA is an upward adjustment applied to and folded into all wage rates 

    The “annualized average of BC CPI over twelve months” (AABC CPI) means the Latest 12-month Average Index % Change reported by BC Stats in March for British Columbia for the twelve months starting at the beginning of March in the preceding year and concluding at the end of the following February. 

    The “Latest 12-month Average Index”, as defined by BC Stats, is a 12-month moving average of the BC consumer price indexes of the most recent 12 months. This figure is calculated by averaging index levels over the applicable 12 months. 

    The Latest 12-month Average Index % Change is reported publicly by BC Stats in the monthly BC Stats Consumer Price Index Highlights report. The BC Stats Consumer Price Index Highlights report released in mid-March will contain the applicable figure for the 12-months concluding at the end of February.  The percentage change reported by BC Stats that will form the basis for determining any COLA increase is calculated to one decimal point. For reference purposes only, the annualized average of BC CPI over twelve months from March 1, 2021 to February 28, 2022 was 3.4%.  

     

    COLA 

    The COLA will be applied as applicable to the GWI effective on the first pay period after April 1, 2023 and April 1, 2024. The COLA will be calculated by determining the difference between the AABC CPI and the annual general wage increase to the maximum COLA prescribed that year in Wage Schedule – Grids.  

     

    April 2023  

    If the 2023 AABC CPI exceeds the April 2023 GWI of 5.5%, then, on the first pay period after April 1, 2023 the April 2023 GWI will be adjusted upwards to reflect a COLA equal to the difference between the April 2023 GWI and the 2023 AABC CPI up to a maximum of 1.25%. 

     

    April 2024  

    If the 2024 AABC CPI exceeds the April 2024 GWI of 2.0%, then, on the first pay period after April 1, 2024 the April 2024 GWI will be adjusted upwards to reflect a COLA equal to the difference between the April 2024 GWI and the 2024 AABC CPI up to a maximum of 1.00%. 

  • re: Public Sector Wage Increases
    1. If a public sector employer, as defined in s. 1 of the Public Sector Employers Act, enters into a collective agreement with an effective date after December 31, 2021 and the first three years of the collective agreement under the Shared Recovery Mandate includes cumulative nominal (not compounded) general wage increases (GWls) and Cost of Living Adjustments (COLAs) that, in accordance with how GWls are defined and calculated in this LOA, are paid out and exceed the sum of the GWls and COLAs that are paid out in the Collective Agreement, the total GWls and COLAs paid out will be adjusted on the third anniversary of the collective agreement so that the cumulative nominal (not compounded) GWls and COLAs are equivalent. This Memorandum of Agreement (MOA) is not triggered by any wage increase or lump sum awarded as a result of binding interest arbitration.
    2. For the purposes of calculating the general wage increases in paragraph 1:
      1. $0.25 per hour flat-rate wage increase for employees with their hourly wage rates set out in the Collective Agreement; or
      2. any alternative flat-rate wage increase for employees whose hourly wage rates are not set out in the Collective Agreement that is determined by the Public Sector Employers’ Council Secretariat to be roughly equivalent to a S0.25 per hour flat­rate wage increase;

    shall be considered to be a 0.5% general wage increase. notwithstanding what It actually represents for the average bargaining unit member covered by the Collective Agreement. For clarity, under paragraph 2 a), the combined GWls of $0.25 per hour and 3.24% in Year 1 are considered to be a single increase of 3.74% for this MOA. For example purposes only, combining the 3.74% increase (as it is considered in this MOA) in Year 1 with the maximum potential combined GWI and COLA increases of 6.75% in Year 2 and 3% in Year 3 would result in a cumulative nominal increases of 13.49% over three years.

    1. For certainty. a general wage increase is one that applies to all members of a bargaining unit (e.g. everyone receives an additional S0.25 per hour. $400 per year. or 1% increase) and does not include wage comparability adjustments, lower wage redress adjustments, labour market adjustments, flexibility allocations, classification system changes, or any compensation increases that are funded by equivalent Collective Agreement savings or grievance resolutions that are agreed to in bargaining.
    2. A general wage increase and its magnitude in any agreement is as confirmed by the Public Sector Employers’ Council Secretariat.
    3. This MOA will be effective during the term of the Collective Agreement.

Letter of Understanding

This is a formal letter to summarize conversation in collective bargaining between HEABC and Resident Doctors of BC where parties agree to work jointly on specific areas of issue.

The Letter of Understanding re: Administration of Employment Matters Affected by Academic Decisions, is outside of the Collective Agreement and is signed by HEABC, Resident Doctors of BC and UBC.

  • re: Orientation for Residents commencing R1 in the 2019/2020 Academic Year

    Between HEABC and RDBC

    March 15, 2019

    Mr. Harry Gray                                                            Dr. Ravi Sidhu

    Executive Director                                                      Associate Dean, Post Graduate

    Resident Doctors of BC                                              Medical Education

    Suite 350-1665 West Broadway                                 UBC Faculty of Medicine Vancouver, BC V6J 1X1

    Dear Mr. Gray and Dr. Sidhu:

    Re: Orientation for Residents commencing R1 in the 2019/2020 Academic Year

     We write to advise that beginning in 2019 Resident Doctors will participate in a mandatory orientation session prior to commencing their Residency Programs on July 1, 2019. This requirement will be ongoing. Employers will provide the training. Training will be provided in Vancouver and may be offered at one or more of the distributed training locations. Employers will identify and advise Residents of the options available to complete the mandatory training.

    As required pursuant to the Collective Agreement MOU RE: Orientation, Residents will be paid at their regularly hourly rate for the one day. Payment will not be provided to those who are unable to attend.

    Further details will be provided regarding the date, time, content and location where Residents will attend and the materials that will be covered.

    Sincerely,

    (original signed by Eleana Swift)

    Eleana Swift

    Legal Counsel

  • re: Special Skills Residents

    Between HEABC and PAR-BC

    February 26, 2002
    Ms. Zoe Towle
    Administrator
    PAR-BC

    Dear Ms. Towle:

    This letter will confirm our mutual understanding, as discussed in negotiations, that the R3 Special Skills Residents (Family Practice) are covered by the terms of the Collective Agreement.

    Yours truly,

    (original signed by K.D. Burnett)

    K.D. Burnett
    Senior Consultant, Consulting Services
    HEABC

  • Read our Interpretation

    If you are a special skills resident or have any questions about your Collective Agreement, please contact info@residentdoctorsbc.ca