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	Budget 2005


		CONTENTS

	•	Message from the Minister and Accountability Statement
	•	Ministry Overview and Core Business Areas
	•	Resource Summary
	•	Vision, Mission and Values
	•	Goals, Objectives, Strategies and Results
	•	Related Initiatives and Planning Processes


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		Ministry of Skills Development and Labour
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Goals, Objectives, Strategies and Results

The following pages provide an overview of key ministry goals for each core business area, the strategies that will be used to meet these goals and the measures that will be used to determine progress. During the next three years, ministry resources will be focused on achieving the goals and objectives set out here. These goals and objectives are consistent with the ministry's vision of a modern work environment for British Columbians that treats employees and employers fairly and equitably, increases productivity and contributes to the prosperity of British Columbia. Each of the goals listed below are related to one of the ministry's core business areas.

Government Strategic Goals	Ministry Mission The mission of the Ministry of Skills Development and Labour is to create an employment environment with dynamic workplaces that meet the needs of workers, employers and unions. Vulnerable workers will be protected. The ministry will ensure that British Columbians have the tools they need to foster working relationships in safe and healthy workplaces. It will develop programs and legislation that contribute to provincial competitiveness and prosperity.

	Ministry Goals	Ministry Objectives	Performance Measures

A strong and vibrant provincial economy. Safe, healthy communities and a sustainable environment.	1. Fair and balanced employment standards that promote mutually beneficial relationships between employees and employers.	1. Enhance the prevention and early intervention functions of the Employment Standards Branch.	Complaints received by ESB. Speaking engagements and training sessions. ESB website hits. Percentage of workforce in industries covered by initiatives. Contraventions in industries covered by initiatives.

		2. Resolve employment standards disputes prior to adjudication.	Self-help Kit downloads. Proportion of cases closed prior to adjudication. Timeliness of cases addressed prior to adjudication.

		3. Ensure the quality and consistency of determinations issued by the Employment Standards Branch, thereby reducing the number of decisions overturned by the Employment Standards Tribunal.	Timeliness of cases at the adjudication stage or later. Determinations upheld by the EST.

		4. The Employment Standards Tribunal continues to provide timely, consistent and quality decisions.	Days lapsed from appeal or reconsideration to disposition. Percentage of cases decided within 90 days of appeal. Percentage of decisions received within 20 days of assignment. Percentage of reconsiderations confirming original decision.

	2. Promote good relationships in the labour relations community from which productive and competitive workplaces can be developed.	1. Encourage confidence in the Labour Relations Board.	Number of LRB website hits. Number of issues brought to the attention of the LRB addressed before becoming formal applications.

		2. Increase number of Labour Relations Code applications that are resolved prior to adjudication.	Number of applications and complaints disposed of. Percentage of disputes settled without formal decision/order.

		3. Increase collective bargaining mediation success rate.	Percentage of mediation applications settled. Number of mediator appointments.

		4. Issue decisions in a timely manner.	Average number of backlog cases. Average number of days from receipt of application to decision.

	3. Safe and healthy workplaces and workers' compensation system that is responsive to the needs of employees and employers alike.	1. Better compliance with the Workers Compensation Act and the Occupational Health and Safety Regulation by providing responsive, independent and expert advice, assistance and representation to workers and employers.	Inquiries responded to by Workers' Advisers Office. Number of WAO self help kits distributed. WAO public education seminar participation. Employers' Advisers Office seminar participation.

		2. Increase efficiency of appeal system.	Number of workers appeals impacted by the WAO as a proportion of all appeals in the system. Number of appeals impacted by the EAO as a proportion of all appeals in the system. EAO Appeal Intervention closures. Backlog of appeals acquired from old system at implementation of WCAT.

Goal 1:

Fair and balanced employment standards that promote mutually beneficial relationships between employees and employers.

Objective 1:

Enhanced prevention and early intervention functions of the Employment Standards Branch.

Strategies:

Provide advice and support services for employers and employees by improving availability of employment standards and dispute resolution information.
Increase employers' and employees' awareness, knowledge and understanding of the Employment Standards Act by working together with industry and the labour community on education and awareness initiatives.
Through the use of sector specific initiatives, foster mutual co-operation between government, industry and employees and ensure contraventions of the Employment Standards Act are identified and corrected.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target	2006/07 Target	2007/08 Target
Complaints received by ESB.¹	5,799	4,800	Reduction over base indicating the success of prevention and early intervention initiatives.
Speaking engagements, training sessions and seminars.²	75 sessions	69 sessions	Increase over base indicating increased emphasis on education as a means of promoting awareness.
ESB³ website hits.	443,888	440,000	Constant or increase public usage of the ESB website indicating increasing level of knowledge and awareness.
Percentage of workforce working in industries covered by sector specific initiatives.⁴	10.4%	10.4%	Increase over base indicating ESB's emphasis on measures that foster mutual cooperation.
Contraventions within industries covered by sector specific initiatives.⁵	374	278	See footnote.	See footnote.	See footnote.


¹	90-95% of all complaints received by ESB have been found to have merit.
²	As the public becomes more aware of entitlements and obligations under the Employment Standards Act, the number of requests for speaking engagements decreases. Since the changes to the Employment Standards Act in 2002, the focus of the Employment Standards Branch has been on new service delivery process and educating Branch staff rather than outreach to the public. Education of the workforce impacted by sector specific initiatives will become a priority for the Branch in 2005/06.
³	Employment Standards Branch.
⁴	Initiatives may include partnership agreements, such as Memoranda of Understanding, or targeted enforcement operations. These partnership agreements are designed to foster mutual co-operation and communication between government, industry and employees and also protect vulnerable employees while increasing prosperity in the workplace. Data is calculated by dividing the number of persons working in the restaurant and food services industry and the primary agricultural production sector by the total number of paid employees working in British Columbia.
⁵	It is anticipated that the number of contraventions within industries covered by sector specific initiatives will increase over the short to medium term as the knowledge and awareness of employment standards increases. Over the longer term, however, it is anticipated that the number of contraventions will decrease as employers and employees mutually develop a better understanding of employment standards.

Objective 2:

Employment standards disputes resolved prior to adjudication.

Strategies:

Provide advice and support services for employers and employees through improving availability of employment standards and dispute resolution information.
Support early intervention and alternative dispute resolution in employment standards disputes by supporting the new complaint resolution model, which mandates the use of self-help materials and mediation prior to adjudication.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target
Self-help Kit downloads.¹	42,720	32,500	Constant use of self-help kits indicating increased knowledge, awareness and availability of dispute resolution information (see footnote).
Proportion of cases closed prior to adjudication.	81%	76%	Increase over Estimate indicating increased reliance on and the effectiveness of alternative dispute resolution efforts.
Timeliness of cases addressed prior to adjudication.²	This is a new measure introduced in the 2005/06 Service Plan. Data to commence in 2005/06.³


¹	The self-help kit was a new concept developed and produced during 2003/04 generating much interest. The public has familiarized itself with the kit, and the number of kits downloaded has decreased.
²	It is the policy of the Employment Standards Branch to ensure that cases involving wages owed receive priority consideration.
³	By 2005 the Employment Standards Branch will have a new computer system in place that will provide detailed timeliness data. It is a fundamental objective of the Branch to reduce the number of days to resolve cases prior to adjudication.

Objective 3:

Ensure the quality and consistency of determinations¹ issued by the Employment Standards Branch, thereby reducing the number of decisions overturned by the Employment Standards Tribunal.


¹	A determination is a legally enforceable decision made by the branch regarding an employer/employee issue under the Employment Standards Act.

Strategy:

Improve the efficiency and effectiveness of Employment Standards Branch decision-making through advanced training for officers, clear policy direction and the sharing of best practices.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target	2006/07 Target	2007/08 Target
Timeliness of cases addressed at the adjudication stage or later.	This is a new measure introduced in the 2005/06 Service Plan. Data to commence in 2005/06.¹
Determinations upheld by the EST.	70%	70%	Increase over the base indicating the improved effectiveness of ESB decision-making.


¹	By 2005 the Employment Standards Branch will have a new computer system in place that will provide detailed timeliness data. It is a fundamental objective of the Branch to reduce backlogs and streamline decision-making, thereby decreasing the number of days to address cases at the adjudication stage or later.

Objective 4:

The Employment Standards Tribunal continues to provide timely, consistent and quality decisions.

Strategy:

Ensure systems are in place to track productivity.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target
Days lapsed from appeal or reconsideration to disposition (average).	90	90	Constant over 2004/05 estimate.
Per cent of cases decided within 90 days of date of appeal.	62%	65%	Constant over 2004/05 estimate.
Per cent of decisions received within 20 days of assignment to a Member of the Tribunal.	90%	90%	Constant over 2004/05 estimate.
Per cent of reconsideration request decisions that confirm the original appeal decision.	83%	85%	Constant over 2004/05 estimate.

Goal 2:

Promote good relationships in the labour relations community from which productive and competitive workplaces can be developed.

Objective 1:

Encourage confidence in the Labour Relations Board.

Strategies:

Provide information to Labour Relations Board clients about the Labour Relations Code and industrial relations practices.
Create an industrial relations environment that is responsive to the needs of employees, unions and employers by maintaining the accessibility of Labour Relations Board services to all parties and streamlining their administrative requirements.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target	2006/07 Target	2007/08 Target
Number of LRB website hits.	239,429	241,000	Increased usage over base indicating improved access to LRB information and services.
Number of issues brought to the attention of the LRB that are addressed before becoming formal applications.		New measure introduced in 2005/06 Service Plan — data collection underway.	Baseline data.	Increase over base indicating effectiveness in streamlining services and administrative requirements.

Objective 2:

Increase number of Labour Relations Code applications that are resolved prior to adjudication.

Strategies:

Provide information to Labour Relations Board clients about the Labour Relations Code and industrial relations practices.
Ensure Labour Relations Board operations are suited to today's work environment by continuing to apply the duties enshrined in the Labour Relations Code, such as encouraging cooperation between employers and trade unions in resolving workplace issues, adapting to changes in the economy, developing workforce skills and developing a workforce and a workplace that promotes productivity.
Encourage alternative dispute resolution processes.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target	2006/07 Target	2007/08 Target
Number of applications and complaints disposed of.^{1, 2}	2,565	2,350 – 2,580	Constant over Base.³
Percentage of disputes settled without formal decision, order or declaration.⁴	60-65%	70-75%	Increase over base indicating greater emphasis on alternative dispute resolutions.


¹	The range for 2003/04 to 2004/05 takes into account a number of substantial operative changes within the LRB that occurred in 2002/03. These include a reduction in staffing and budgetary allotments and the reduction in the number of Vice-Chairs.
²	Number of applications and complaints disposed of includes mediations, adjudications and Collective Agreement Arbitration Bureau appointments. "Disposed of" means an Arbitrator or Mediator-Arbitrator has been appointed.
³	This target indicates the volume of activity at the LRB. It is anticipated that there may be a reduction in the number of applications and complaints as the number of disputes that are settled without formal decision increase. However, other social and economic factors external to the LRB will impact the number of applications that come before the Board.
⁴	Disputes that come to the LRB include: unfair labour practice complaints (ss. 5-12), applications under sections 32 and 45 and Part 5 applications (ss. 57-70). Applications under sections 55 and 74 of the Labour Relations Code are excluded from this calculation and are instead listed separately under Objective 2.

Objective 3:

Increase collective bargaining mediation success rate.

Strategy:

Encourage the use of collective bargaining mediation.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target	2006/07 Target	2007/08 Target
Percentage of mediation applications settled (ss. 55 and 74).	75.4%	75-80%	Increase over base indicating the enhanced use of collective bargaining mediation.
Number of mediator appointments.	128	Increase over base. The greater number of mediator appointments indicates enhanced use of collective bargaining mediation.

Objective 4:

Issue decisions in a timely manner.

Strategy:

Ensure systems are in place to ensure resolution within appropriate timelines.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target	2006/07 Target	2007/08 Target
Average number of backlog cases.¹	35	35	Decrease over base indicating improved timeliness in resolving cases.
Average number of days from receipt of application to decision.		New measure introduced in 2005/06 Service Plan — data collection underway.	Base data.	Decrease over base indicating improved timeliness in issuing decisions.


¹	In general, a case is seen as part of the backlog if it has been assigned for more than 90 days and no hearing will be held, or where a hearing has been completed and more than 45 days have passed.

Goal 3:

Safe and healthy workplaces and a workers' compensation system that is responsive to the needs of employees and employers alike.

Objective 1:

Better compliance with the Workers Compensation Act and the Occupational Health and Safety Regulation by providing responsive, independent and expert advice, assistance and representation to workers and employers.

Strategy:

Facilitate workers' and employers' understanding of the workers' compensation system by providing information and assistance to workers and employers.

Performance Measures¹	2003/04 Base	2004/05 Estimate	2005/06 Target
Inquiries responded to by Workers' Advisers Office.²	133,850	130,500	Constant over 2004/05 estimate.
Number of Workers' Advisers self help kits distributed.	New data in 2004/05	6,400	Increase over 2004/05 estimate.
Workers' Advisers Office public education seminar participation.³	450	290⁴	Increase over 2004/05 estimate.
Employers' Advisers Office information and skills development seminar participation.⁵	5,052	4,300	Increase over 2004/05 estimate.


¹	The WCB produces an annual report which provides detailed information on strategies, services and measures for its own objectives. In 2003, through the combined efforts of workers, employers, employers' associations, unions and the WCB, the injury rate in B.C. workplaces reached an all-time low of 3.0 short-term injuries per 100 person-years of employment — a 42 per cent decrease since 1994. In 2003, this translated to roughly 36,000 fewer workers being injured and a cost savings of $500 million. Employer premiums remained essentially flat in 2003 compared to the previous year.
²	Documented brief service advice. Does not include general inquiries.
³	Individual participants. Includes injured workers, worker representatives, constituency assistants and other public groups who attend WAO seminars on using the workers' compensation system. Increase from 2005/06 onward assume a modest increase due to anticipated growth in employment rates, particularly in the construction industries.
⁴	Decrease in education seminar participation from 2003/04–2004/05 due to delay in recruiting training personnel.
⁵	Individual participants. Includes employers, workers, safety committee members and professionals who attend EAO seminars on various components of workers' compensation legislation.

Objective 2:

Increase efficiency of appeal system.

Strategies:

Eliminate appeal backlog.
Maintain tribunal practices and procedures that permit WCAT to meet statutory timeframes for deciding appeals.
Improve the efficiency and responsiveness of the appeal system through providing direct assistance, guidance and service to workers and employers.

Performance Measures	2003/04 Base	2004/05 Estimate	2005/06 Target	2006/07 Target	2007/08 Target
Number of workers' appeals impacted by the Workers' Advisers as a proportion of all appeals in the system.		New measure in the 2005/06 Service Plan. Data to commence in 2005/06.
Number of appeals impacted by the EAO as a proportion of all appeals in the system.		8% New measure in the 2005/06 Service Plan.	Number of appeals impacted expected to remain constant — proportion dependent upon the number of appeals for any given year.
Employers' Advisers Appeal Intervention closures.¹		450	475	500	500
Backlog of appeals acquired from old system at implementation of WCAT.²	10,787	5,606	0	0	0


¹	The number of appeals or potential appeals that Employers' Advisers have recommended to employers not proceed in the appeal system.
²	WCAT acquired 22,425 appeals from the old system on March 3, 2003.

2005/06 – 2007/08 SERVICE PLAN Ministry of Skills Development and Labour

Goals, Objectives, Strategies and Results

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2005/06 – 2007/08 SERVICE PLAN
Ministry of Skills Development and Labour