Ama Master Agreement
The termination of our captain`s contract is an insolent action that must be challenged. The government is endangering doctors and patients. Last fall, Prime Minister Jason Kenney`s United Conservatives passed Bill 21, which gives the government the right to unilaterally terminate the agreement. As the exclusive representative of medical interests under Section 22.1 of the Regional Health Authorities Act, WADA argues that its rights were violated under Section 2 d of the Charter because the government`s conduct significantly affected its ability to participate in a „reasonable and fair collective bargaining process” of the terms under its framework contract.  The substance of WADA`s argument is that, notwithstanding the right to strike in Section 2, d) , physicians are excluded from strikes ethically and professionally because they provide essential services and are therefore entitled to an independent third-party dispute resolution procedure. Under the framework contract, WADA was authorized to do arbitration. But from the outset of the negotiations, WADA agreed in good faith to extend the negotiations by 90 days instead of abhorring a conciliatory declaration. Instead of negotiating during the 90-day extension, the government changed the law and ordered the termination of the captain`s contract.  Now that the government has terminated the master`s contract that contained the compromise clause, WADA maintains that one of its Section 2 (d) rights was effectively denied.  WADA`s allegations are also supported by Section 12 (2) of the Canada Health Act, which imposes a binding arbitration procedure for physician compensation disputes.  This provision effectively gives the government unilateral authority to terminate physician-master agreements without legislative debate or negotiation with WADA. This is precisely what happened on February 20, 2020, when the Minister of Health signed an order to the Council that terminated the current framework contract with Alberta physicians.
 The previous agreement included shared responsibility for the medical care budget. Some medical payments have been put at risk subject to continued available expenses. The Alberta government, which has restarted failed contract negotiations with doctors, is ending its long-standing master`s agreement with them and is implementing new rules on April 1. The current master`s contract with the doctors expires on March 31. (b) all rights, privileges, obligations and interests arising from the agreement or a decision or award resulting from a dispute resolution procedure concluded at the end of the dispute are no longer in place. These provisions relate to basic recognition and representation. These will be included in legislation in the future (see the amending letter). Other related concepts, such as the dispute resolution procedure. B, will remain in the agreements. Health Minister Tyler Shandro says the end of the agreement is a difficult but necessary step because the province was at an impasse with doctors on how to cut costs and improve service in the health care system by $20.6 billion. Physicians and Albertans can help our How You Can Help Find Information and Resources page that help make efforts to negotiate with the Alberta government.
3. An agreement that is ordered within the meaning of subsection 2 is terminated and has no effect on the date indicated in the order.