Regional Health Boards not Subject to the Charter as an Employer ~ So says British Columbia Arbitrator

April 9, 2025 | W. Alejandro (Alex) Munoz

In York Region District School Board v Elementary Teachers’ Federation of Ontario, the Supreme Court of Canada held that Ontario public school boards are “inherently governmental” for the purpose of the Canadian Charter of Rights and Freedoms. Thus, the actions of an Ontario public school board – including actions taken as an employer – are subject to Charter scrutiny.

Following this decision, there was concern it would expand the scope of organizations considered to be “inherently governmental” and thus bound by the Charter in their role as an employer.

In Health Employers Association of British Columbia on Behalf of Multiple Employers v British Columbia Nurses’ Union,

a British Columbia arbitrator held that, unlike Ontario public school boards, the British Columbia health boards at issue were not “inherently governmental” and thus not subject to the Charter. One key reason for this distinction was the Ontario school boards were elected bodies whereas the British Columbia health boards were not.

This decision is one of the first to address whether the York Region decision extends the Charter to apply to other public or quasi-public sector employers. Perhaps it is a sign of decisions to come.

To read the full Sherrard Kuzz LLP Briefing Note please click here.