Long-term Care and Assisted Living Operator Transition Q&A

Ministry of Health (HLTH) has determined new policy direction regarding HEABC membership, which is reflected in the Memorandum of Agreement concerning the Facilities Bargaining Association (FBA) that addresses the transition of operators who become members of HEABC. Parallel Memoranda of Agreement have been reached to date for the Health Sciences Professionals Bargaining Association (HSPBA) and the Community Bargaining Association (CBA). The MOAs reflect that eligible unionized long-term care (LTC) and assisted living (AL) operators who meet HEABC membership criteria will transition into HEABC by September 30, 2028. Employers who transition to HEABC membership will become part of the broader provincial health sector bargaining structure, aligning terms and conditions with existing HEABC-negotiated collective agreements.

The LTC and AL sectors are an integral part of the health care system and have experienced significant staffing challenges exacerbated by wage disparities and inconsistencies in benefits and working conditions. Government is moving to restore stable, consistent provincial wages and working conditions to improve workforce retention, recruitment, and support quality of care.

Government direction since 2020 has emphasized restoring equitable and consistent wages, benefits, and working conditions across publicly funded LTC/AL facilities. Expanding HEABC membership supports this mandate through the standardization of employment terms such as wages and benefits set out in the HEABC-negotiated collective agreements.

Analysis by HLTH identified approximately 100 potentially eligible facilities. However, HLTH, with the support of HEABC, will work to identify and confirm the number of operators that meet the criteria for HEABC membership and directly employ unionized staff.

Only publicly funded operators that meet the following HEABC membership criteria will be included:

• The operator is a Health Organization as defined by HEABC Bylaws,
• Directly employs unionized staff,
• Receives, directly or indirectly, more than 50% of their annual funding from the provincial government, and
• Receives $250,000 or more annually from provincial government sources.

No. Fully private operators do not receive public funding for LTC or AL services. These operators are not eligible for HEABC membership and are out of scope for this initiative.

No. Operators that do not currently employ any unionized staff are not included in the initiative and will not be designated as HEABC members. Only operators that directly employ unionized employees and meet the HEABC funding criteria are eligible for membership. However, if employees at an operator that meets HEABC funding criteria become unionized, the operator may then be eligible for HEABC membership.

No. Existing subcontracted service providers are not affected by the HEABC membership initiative. Membership applies only to LTC and AL operators. Staff of subcontracted service providers remain covered by their existing employment arrangements.

However, continued wage levelling is subject to the requirement that facilities do not newly subcontract work that is currently performed by unionized employees. If a facility subcontracts work that is presently performed by unionized staff, wage levelling may be discontinued for that facility in accordance with the Memorandum of Agreement.

Existing subcontracting arrangements that do not replace work currently performed by unionized employees are not impacted.

Union certification processes are governed by the Labour Relations Code and remain entirely separate from this initiative. The applicable requirements and processes for employees to unionize are set out in the Labour Relations Code.

Yes. Wage levelling will continue until at least March 31, 2027, for publicly funded operators that meet HEABC membership criteria but have not yet become members, with a condition that employers do not subcontract work currently performed by unionized staff.

If a facility subcontracts work that is presently performed by unionized staff, wage levelling may be discontinued for that facility as described above.

Existing subcontracting arrangements that do not replace work currently performed by unionized employees are not impacted.

This is intended to maintain stability and consistent wages during the transition period.

As described above, operators that do not meet the HEABC membership criteria would receive a minimum of 90 days’ notice before any changes to wage levelling would take effect.

Wage levelling for fully private LTC and AL operators concluded December 31, 2025, as previously communicated. Fully private operators are not eligible for HEABC membership.

Operators receiving wage levelling must not subcontract any work that is currently performed by their unionized employees. This requirement is intended to maintain stability for the workforce during the transition period. If an operator begins contracting out work that is presently done by unionized staff, their eligibility for wage levelling will end, and wage levelling funding will be discontinued.

Government continues to advance strategic work to strengthen and stabilize the LTC and AL sectors, including a commitment to ongoing development of the LTC funding model and broader system-wide improvements. For operators that do not meet HEABC membership criteria, any future changes to wage levelling will follow standard processes, including a minimum of 90 days’ notice to ensure operators have time to plan and adjust.

The transition will take place over a two-year period:

• During Phase One (October 1, 2026, to September 30, 2027), approximately 50% of eligible unionized LTC and AL operators that meet HEABC membership criteria will be brought into membership.
• Phase Two (October 1, 2027, to September 30, 2028) will complete the process by transitioning the remaining eligible operators.

Eligibility will be confirmed by HLTH, with the support of HEABC, based on whether an operator meets the HEABC membership criteria. This includes confirmation of public funding thresholds and whether the operator directly employs unionized staff.

Information provided by operators will be used to support this assessment. Eligibility will not be determined until the required information has been reviewed and validated.

HEABC will work with the affected bargaining associations to develop template transition agreements. HEABC will assess certification structures on a case-by-case basis, consistent with its established approach. The transition does not predetermine or alter existing certifications.

Operators that are identified as meeting the HEABC membership criteria will be notified directly, along with information on the next steps and expected timelines. HEABC will work with operators on a case-by-case basis to facilitate the transition.

Employees will be transitioned to the benefit and pension plans associated with HEABC membership and applicable collective agreements. Implementation will be managed on a case-by-case basis, with HEABC facilitating the transition process in coordination with the relevant parties.

This will depend on the circumstances in each case, including whether a single legal entity operates both facilities.

Yes. The Health Care Employers Regulation will be amended to designate eligible operators as HEABC members. These amendments are made through an Order in Council, which is the formal mechanism government uses to add or remove employers from the Regulation.

Employees of subcontracted service providers are not included in this initiative. HEABC membership applies only to operators who directly employ unionized staff. Existing subcontracted employees will remain covered by their current employment arrangements.

Staff who are excluded from existing collective agreements at eligible facilities due to holding management or similar positions will be assessed for appropriate placement under the HEABC excluded employee compensation reference plan.

Eligibility for HEABC membership is based on whether an operator meets the criteria outlined above. Operators of facilities with some private pay beds will remain eligible if they meet the criteria.

Yes. If an operator at a future point meets HEABC membership criteria – for example, by receiving more than 50% of its annual funding from public sources and employees are unionized – it may be designated as an HEABC member at that time. Any such changes would be reviewed through the same assessment process and communicated in advance to support planning.

Only operations in BC will be assessed for eligibility. Operations outside of BC will not be affected.

Once operators that meet the HEABC membership criteria and are notified that they will be designated as HEABC members, they will work directly with HEABC through the transition and are to raise questions or concerns regarding labour relations or compensation/classification issues with their HEABC representative during the transition process.

All operators to be added to HEABC membership will receive a membership package which includes information regarding reporting requirements, HEABC resources, and the name and contact information of the assigned representative who can assist with questions involving collective agreement interpretation or other labour relations matters.

All HEABC members have access to experienced labour relations consultants and legal counsel, guidance on collective agreement interpretation, employment legislation, and dispute resolution, as well as representation in mediations, arbitrations, and Labour Board matters.

Members can also access compensation/classification, disability management and other experts, as well as workshops and training sessions that build internal capacity to manage labour relations effectively.

A job classification (evaluation) process for unionized positions will occur in accordance with the health sector collective agreements and HEABC will support employers in this process.

To be eligible for HEABC membership, operators must:

• receive more than 50% of their annual funding from provincial government sources,
• that provincial government funding must total at least $250,000 annually, and
• be a Health Organization as defined by HEABC Bylaws and directly employ unionized staff.

Operators who do not meet all the above criteria will not be designated as HEABC members through this process.

“Directly or indirectly” refers to any funding originating from a provincial government source regardless of how, or through what other agencies or entities, the funding flows to the operator.

HEABC membership applies to operators that meet all established membership criteria. Eligibility is assessed by the Ministry of Health, with the support of HEABC, based on the operator’s full circumstances. The assessment of directly employed unionized staff is based on whether there are any directly employed unionized staff, regardless of the number, or the proportion of total number of employees of the operator or the total number of employees at the worksite.

Subcontracted service providers that are not the facility operator are not eligible for HEABC membership, and existing subcontracting arrangements are not affected.

Wage levelling will continue until at least March 31, 2027, for eligible publicly funded operators that have not yet transitioned to HEABC membership, subject to the conditions, including restrictions on subcontracting work currently performed by unionized staff. For operators that do not meet HEABC membership criteria, or where funding policy changes are contemplated in the future, any changes to wage levelling would follow established processes, including a minimum of 90 days’ notice.

The Ministry is aware of the issues being raised through correspondence, including questions submitted by sector associations.

Questions received through the centralized intake (Moh.OperatorMembership@gov.bc.ca) and other formal channels are being reviewed together to identify common themes and inform implementation planning and updates to guidance materials, including the Q&A.

As consolidated information is finalized, it will be shared through existing communication channels. Where a response specific to an individual inquiry is required, a direct reply will be provided.

Wage levelling for fully private operators ended on December 31, 2025. For publicly funded operators that do not meet HEABC membership criteria (e.g. do not directly employ unionized staff), any future changes to wage levelling would follow established processes, including a minimum of 90 days’ notice, to allow time for planning.

The HEABC membership initiative applies to publicly funded operators that directly employ unionized staff and meet HEABC membership criteria. Operators that do not directly employ unionized staff but otherwise meet HEABC membership criteria will not be designated as HEABC members through this process.

The decision to transition eligible operators into HEABC membership reflects longstanding government objectives to restore consistent wages, benefits, and working conditions across publicly funded seniors’ care, support workforce stability, and improve recruitment and retention.

The phased, two-year implementation approach allows for transition planning, development of transition agreements, and identification of operator specific considerations as implementation proceeds.

The operator transition to HEABC membership will occur in phases over two years, with operators notified in advance of their transition timing. Template transition agreements will be developed with the applicable bargaining associations to transition directly employed unionized employees of the operator to the applicable health sector collective agreements.

HEABC will work with each transitioning operator and the applicable unions to implement the transition agreements, including the negotiation of any potential additions or modifications to the template transition agreements to address facility-specific considerations. Wage levelling will continue until at least March 31, 2027, for eligible operators that have not yet transitioned, subject to the conditions described above.

The Ministry of Health and HEABC will continue to monitor implementation as it progresses. Where issues or unintended impacts are identified at a provincial level, the Ministry may provide additional guidance or clarification to support a stable transition.

HEABC will work directly with each operator through negotiation and implementation of the transition agreements and will address operator-specific challenges or issues on a case-by-case basis. The phased implementation approach is intended to allow time to identify and address emerging issues while maintaining workforce stability and continuity of care.

The Ministry of Health and HEABC will monitor implementation for each operator as it progresses and address broader or systemic challenges or issues as they arise.

The Ministry of Health sets policy direction and oversees implementation in collaboration with HEABC and other provincial partners. Health Authorities are supporting implementation by coordinating information requests, sharing guidance with operators, and identifying facility-specific considerations within their regions.

This coordinated approach is intended to ensure consistency across the province while allowing for operator specific circumstances to be addressed as the transition progresses.

The Ministry of Health is aware of concerns raised by operators and sector associations regarding the HEABC membership initiative. These concerns help inform ongoing implementation planning, guidance development, and future updates to communication materials, including the Q&A.

While the policy direction to transition eligible operators remains in place, the Ministry will continue to monitor issues raised through formal correspondence and stakeholder engagement channels.

As implementation proceeds, the Ministry of Health recognizes the importance of continued engagement with health authorities and operators to identify and respond to operator specific considerations.

Operators are encouraged to submit questions or concerns through Moh.OperatorMembership@gov.bc.ca, which serves as the centralized intake for this initiative. Questions received through this channel help inform clarifications, guidance updates, and future versions of the Q&A.

Health Authorities may also escalate operational or implementation issues to the Ministry as needed to support timely resolution.

Operators that meet the HEABC membership criteria and are notified that they will be designated as HEABC members will work directly with HEABC through the transition and are to raise questions or concerns regarding labour relations or compensation/classification issues with their HEABC representative during the transition process.

Yes. The Ministry will continue to update guidance materials, including this Q&A, as additional information becomes available or as implementation progresses. Operators will be informed through their Health Authority contacts and existing communication channels.

HEABC is the designated employer association under the Public Sector Employers Act. It negotiates province-wide collective agreements and coordinates human resources and labour relations across the health sector.

Almost 28,000 LTC beds in BC operate under three ownership models: Health Authority owned/operated, contracted Not-for-Profit, and contracted For-Profit owners. In addition, there are fully private facilities not contracted to provide services. LTC provides 24-hour professional nursing care for individuals with complex healthcare needs, while AL provides housing, hospitality, and regulated services for residents needing support to live semi-independently.

The Facilities Bargaining Association (FBA), Community Bargaining Association (CBA), Health Science Professionals Bargaining Association (HSPBA) and the Nurses Bargaining Association (NBA) are the bargaining associations in the LTC/AL sectors.

Unions representing workers in these sectors include, but are not limited to, the Hospital Employees Union (HEU), the BC General Employees Union (BCGEU), the BC Nurse’s Union, (BCNU), the Health Sciences Association (HSA), Canadian Public Employees Union (CUPE) and the International Union of Operating Engineers (IUOE).

Mandatory HEABC membership for contracted LTC and AL operators was removed by the government in 2009. Since then, operators have been able to choose whether to join HEABC. As a result, many new LTC and AL operators that entered the sector after 2009 have never been HEABC members. A smaller number of operators who were members prior to 2009 chose to leave following the policy change.

HLTH, in collaboration with the Public Sector Employers’ Council Secretariat and HEABC, will implement new government policy direction to end the 2009 approach that allowed unionized contracted LTC and AL operators to voluntarily opt out of HEABC membership. This change will restore consistent membership requirements for eligible operators and support aligned provincial wages and working conditions across the sector.