Vancouver Island Health Authority (Royal Jubilee Hospital (Victoria)), 2026 BCLRB 256
August 18, 2026

The BC Labour Relations Board dismissed an application by the BC Nurses’ Union to include licensed registered nurses working as Triage Coordinators in the nurses’ bargaining unit. The decision clarifies what it means for nursing authorization to be “a requirement of the employer” under the Health Authorities Act.

Background

Under section 19.1 of the Health Authorities Act, a “nurse” is a person authorized to practise as a registered nurse, licensed practical nurse or registered psychiatric nurse who works in a job for which that authorization is a requirement of the employer or a prerequisite to performing the job as required by statute, regulation or program accreditation.

Royal Jubilee Hospital has two Triage Coordinator positions. Four of the five employees in one position were licensed registered nurses, and the employer reimbursed their licensing fees. The sole employee in the other position was a sonographer. Neither job description required nursing registration. The BCNU argued that the duties fell within the scope of nursing practice and that nursing licensure was an implicit employer requirement. The Health Sciences Professional Bargaining Association was granted intervenor status and opposed the application.

The Decision

The Board held that the Nurses and Midwives Regulation defines the scope of nursing practice but does not reserve those general activities to nurses. There was no suggestion that the Triage Coordinators performed restricted activities, so licensure was not a statutory or regulatory prerequisite.

On the employer requirement branch, the Board followed Capital Regional and held that the requirement must flow from the employer’s recruitment and selection process not be inferred from the duties performed. It was undisputed that the employer never listed nursing authorization as a mandatory or optional qualification.nterview questions about clinical assessment were consistent with the posted qualifications, non-nurses performed the same core duties, and fee reimbursement had little probative value. The application was dismissed.

Key Takeaways for Employers

• Job postings and selection criteria matter. Listing nursing licensure as a mandatory or even optional qualification, and selecting on that basis, can bring a position into the nurses’ bargaining unit.
• Reimbursing professional fees, without more, does not make licensure a condition of employment.
• Health employers should review postings for multidisciplinary roles to ensure they accurately reflect the qualifications actually required.