(1) [Repealed 2008-34-9.]
(2) The labour relations board or an arbitrator appointed under the Code or under a collective agreement must not declare a person who
(a) provides non-clinical services at or for a designated health care facility under a contract between a designated private sector partner and another person, and
(b) is an employee of the other person
to be an employee of the designated private sector partner, or of a health sector partner, unless the designated private sector partner or the health sector partner intended the employee to be fully integrated with the operations of the designated private sector partner or the health sector partner, as the case may be, and intended the employee to be working under its direct supervision and control.
(3) [Repealed 2008-34-9.]
(4) A collective agreement does not bind, and section 35 of the Code does not apply to, a person who contracts with a designated private sector partner for the provision of non-clinical services at or for a designated health care facility.
(5) A designated private sector partner must not be treated under section 38 of the Code as one employer with the person referred to in subsection (4) of this section.