
Province introduces legislation to cancel travel nurse contract that cost millions
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The Holt government introduced new legislation Wednesday that would cancel a travel nurse contract with Canadian Health Labs.
"Vitalité signed a contract with CHL in the midst of the pandemic. We were desperate," said Health Minister John Dornan.
"The contract that we signed was not a good contract for New Brunswickers, for taxpayers."
By using legislation to cancel the contract the province doesn't expect to face financial or legal penalties.
The contract was signed by Vitalite in 2022 as the health-care system faced dire staffing shortages.
The agreement was later slammed by Auditor General Paul Martin, who said it carried a significant amount of risk and contained an auto-renewal clause should Canadian Health Labs meet its French-language obligations.
"The contracts with private nursing agencies were not reflective of best practices and did not demonstrate value for money," Martin said in his report.
WATCH | 'We were desperate.' Travel nurse contracts to be axed:
New Brunswick to scrap controversial travel nurse contract
41 minutes ago
Duration 2:07
Vitalité's three contracts with the company, which covered from July 2022 to February 2026, totalled $98 million, according to Martin. The company charged about $300 an hour per nurse — roughly six times what a local staff nurse earns.
Dornan said he's confident the province will be able to fulfil its staffing needs.
"We feel that we will be well served and have adequate nurses for our system without this contract.".
Vitalité recently cancelled the shifts of Canadian Health Labs' nurses working in its facilities.
Department of Finance officials confirmed to CBC News on Tuesday that the 2025-2026 budget contained no money for travel nurses. However, Dornan told reporters Wednesday that there are still a handful of nurses from different agencies working in the province, but said the need for travel nurses decreases "on a daily basis."
At least $108 million went to pay travel nurses in the fiscal year that ends on March 31.
Opposition Leader Glen Savoie said the Higgs government was looking at similar options prior to last October's election.
"We were looking at that and what it may cost us in terms of going to the courts," Savoie said.
He said if the government feels this is the right thing to do, "then we'll support that, but we want to know the details on how they intend to manage through the situation such as a possible court challenge and ensure people are getting health care."
Green Leader David Coon said the move needed to happen, considering the concerns with the contract.
"This was overdue. I don't know who signed that contract but it was ill-conceived and ill-determined and should never have been signed," he said.
"This is the best way to move forward and relieve Vitalité of that burden."
Paula Doucet, president of the New Brunswick Nurses Union, applauded the government for taking action, but says the next step will be to ensure the need for agency nurses is permanently reduced.
"We saw Horizon did that last September. There were some pains in the beginning, but we managed to work through that and I think Vitalité can really learn from Horizon's mistakes," she said.
"I'd really like to see a three-month, six-month, 12-month plan put in place to actually phase out the use of these private, for-profit companies."
Doucet hopes the union will be back at the bargaining table with the government soon and said that the lack of a contract can be an impediment to attracting new nursing graduates to work in the province.
According to a news release from the province, there was a net increase of 393 nurses over the last year, and there are nearly a thousand more students enrolled in nursing programs than in 2018.
One of the government's signature election promises was to make $10,000 retention payments to nurses working in permanent roles in the province. Another $5,000 bonus will go out this year.

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CBC
4 hours ago
- CBC
Vitalité files counterclaims to travel nurse contract lawsuits by Canadian Health Labs
Vitalité Health Network has filed counterclaims to the three lawsuits launched by Canadian Health Labs, alleging the travel nurse agency has "seriously compromised its ability to provide safe, effective and continuous health care." In documents filed with the Court of King's Bench in Saint John earlier this week, the regional health authority cites the Ontario-based company's alleged failure to fulfil "several" contractual obligations. These failures include deploying staff who don't have the training Vitalité requires, "including workers under unknown designations or as personal support workers" when the contract provided only for the use of licensed practical nurses and registered nurses, and not respecting the average number of daily teams required, according to the French documents. "Repeated and systemic failures" by Canadian Health Labs, or CHL, have also resulted in "considerable" financial losses, Vitalité claims, "constituting an abusive use of public funds." Among other things, it alleges CHL billed for services not rendered; incorrectly charged for HST; and overcharged for accommodation fees, travel expenses, vehicle rentals and daily allowances. In addition, Vitalité contends CHL failed to disclose a conflict of interest. No details are provided in the documents. Vitalité is seeking damages for breach of contract, punitive or aggravated damages, interest, costs and any other relief the court deems just. None of the allegations have been proven in court. Canadian Health Labs did not respond to a request for comment. CHL lawsuits allege breaches of contracts The company filed its first lawsuit against Vitalité in March, after the regional health authority cancelled the remaining shifts of travel nurses employed by CHL, even though its contract wasn't set to expire until February 2026. It alleged breaches of contract, including non-payments, and damages, including "irreparable" harm to its reputation. CHL subsequently filed two more lawsuits related to two contracts that expired last year. It alleged, among other things, that Vitalité deployed fewer "human health resource professionals" than stipulated in the contracts. Last week, the legislature adopted a law designed to get out of the contracts without facing any legal or financial penalties. "It's as tight as we can make it," Health Minister Dr. John Dornan recently told the legislature's standing committee on economic policy. "It does not absolutely preclude these current actions or subsequent actions," he said, but he believes any actions are "less likely to be successful." Contracts include termination clause, Vitalité says According to the counterclaims filed by Vitalité, its contracts with CHL state a party may terminate the agreement if the other party fails to meet its obligations, subject to prior notice. "On or about June 30, 2023, the network issued a letter of non-compliance to CHL describing their contractual breaches. "These shortcomings were never corrected by CHL and led the network to carry out an … audit of all invoices for the contract," which is still in effect. Auditor General Paul Martin lost his legal bid to get Vitalité to turn over its audits. He sought a court order to compel the regional health authority to disclose the documents as part of his investigation last year into the management and use of private agency nurses by Vitalité, Horizon and the Department of Social Development, dating back to 2022. Vitalité refused to provide the audit reports, saying they were commissioned in anticipation of litigation with CHL, and therefore protected by both litigation and solicitor-client privilege. Martin argued the Auditor General Act says his office is entitled to "free access" to all documents, whether they're confidential or not. Court of King's Bench Chief Justice Tracey DeWare dismissed Martin's application in a written decision June 2, saying the law doesn't explicitly state the auditor general is entitled to "privileged" documents. Martin is "assessing next steps," according to a statement from his office. He previously said the "risks that [Vitalité] identified in the audit reports and to what extent those risks were addressed" remain unknown. In a scathing report last June, Martin concluded "a lack of clearly defined vendor selection processes, poor contract oversight and deficiencies in payment review processes" with travel nurse contracts "resulted in undue risk to the province." He found Vitalité spent $123 million in travel-nurse contracts, including more than $98 million on the three contracts with CHL.

CTV News
2 days ago
- CTV News
Judge denies N.B. auditor general's request to view internal audit reports on travel nurses
A Court of King's Bench justice has denied the New Brunswick auditor general's request to view Vitalité Health Network's internal audit reports on the agency's travel nurse contracts that began in 2022. According to a written decision from Chief Justice Tracey DeWare, the auditor general sought to compel Vitalité to disclose the reports as part of its investigation into the management and use of travel nurses. The decision says Vitalité ordered an internal audit for the period spanning August 2022 to June 2023. 'The Respondent (Vitalité) asserts these internal audits confirmed the existence of deficiencies in the performance of the agency nurses' contract with one of the agencies – Canadian Health Labs ('CHL'),' the decision reads. 'The Respondent and CHL are now involved in litigation arising from this contract. 'The Respondent has refused to produce the internal audit reports on the basis they were properly subject to both a litigation and solicitor-client privilege.' Last year, the auditor general's audit found Vitalité, Horizon Health Network and the Department of Social Development spent $173 million on travel nurse contracts between Jan. 1, 2022 and Feb. 29, 2024. 'The purpose of the audit was to determine if government contracts with private nursing agencies represented good value relative to their costs,' the written decision reads. 'As part of the audit process, the Applicant (auditor general) requested from the Respondent various information and documents. The Applicant was particularly interested in governance practices, policies and billings to the agencies.' Chief Justice DeWare said the auditor general argued section 13 of the Auditor General Act allows them to access documents and information that would otherwise be private or confidential. Vitalité argued the disclosure of the internal audit reports would 'prejudice its ability to prosecute the action against CHL.' Chief Justice DeWare said the court must interpret section 13 of the act restrictively, noting that it does not refer to privileged information. 'While I appreciate the Applicant's argument, the addition of the words 'confidential and private' to section 13 indicates an expanded scope to the information which could be sought, it falls short of explicitly stating an intention to have access to 'privileged' documents,' the decision reads. 'Solicitor-client privilege and litigation privilege are foundational to our legal system. 'Section 13(a) of the Act does not grant the Auditor General the authority to require production of documents or information which are properly subject to a solicitor-client or litigation privilege.' Chief Justice DeWare dismissed the auditor general's application and said Vitalité is entitled to costs, which are fixed at $2,000. For more New Brunswick news, visit our dedicated provincial page.

2 days ago
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I hope to complete my family here and I hope to have a medical card. Hénia Ould-Hammou (new window) · CBC News