Interpretation

1.  In this Act

"board" means the Employment Standards Board;

"Crown" means the Crown in right of the Province and includes

(a) a Crown corporation; and

(b) a person acting as agent of the Crown or a Crown corporation;

"Crown corporation" means

(a) a corporation expressed to be an agent of the Crown;

(b) a corporation, all the members of the board of directors of which are appointed by an Act or by the Lieutenant Governor in Council, or if not appointed, are public servants and are acting in that capacity, or for the discharge of their duties are, directly or indirectly, responsible to the Crown; and

(c) a corporation, over 50% of the issued shares of which are owned or controlled by the Crown;

"director" means the director of the Labour Standards Branch of the Ministry of Labour;

"fair wages" means wages and benefits reasonably equivalent to wages and benefits usually provided to workers for doing work of a particular character or class or performing a particular function in the geographical area where they are employed;

"public money" means public money as defined in the Financial Administration Act;

"work" means the construction, renovation, repair or demolition of property and the alteration or improvement of land.

Historical Note(s): 1976-43-1; 1980-10-120, proclaimed effective March 14, 1981; 1981-15-172, proclaimed effective November 26, 1981.

Crown contract for public construction

2.  In every contract entered into with the Crown for work to be done there shall be a provision that the contractor, subcontractor or other person doing or contracting to do any part of the work under the contract will pay fair wages to the workers doing the work, and that provision shall be deemed to be included in those contracts.

Historical Note(s): 1976-43-2.

Crown contribution for public construction

3.  (1) No payment of public money shall be authorized or made by way of grant, contribution, subsidy, advance, loan or by reason of a Crown guarantee, in respect of or in aid of work to be done, until the person intended to receive the payment enters into a contract with the Crown that he and every contractor, subcontractor or other person doing or contracting to do any part of the work will pay fair wages, and that provision shall be deemed to be included in that contract and in the contracts with every contractor, subcontractor or other person doing or contracting to do any part of the work.

(2) Where subsection (1) or any contract entered into under it is not complied with, the Crown may withhold payment of any public money, except in respect of public money payable by reason of a Crown guarantee.

Historical Note(s): 1976-43-3.

Exemptions

4.  Sections 2 and 3 do not apply to

(a) the purchase of materials, supplies or equipment for use in the work; or

(b) work to which

(i)  section 46 of the Hospital Act; or

(ii)  section 939 of the Municipal Act

(iii)  [Repealed 1989-61-228.]

applies.

Historical Note(s): 1976-43-4; 1989-61-228.

Hiring practices

5.  Where the Crown enters into a contract under section 2, the minister, having regard to the employment of workers in the locality in which the contract is to be performed, may, by order, specify manpower requirements and hiring practices in respect of the contract, the minimum number of workers that must be employed under the contract and the conditions of their employment, and the other party to the contract shall comply with the order.

Historical Note(s): 1976-43-5; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Schedules of fair wages

6.  (1) In accordance with the regulations, the director may establish schedules of fair wages in respect of all or any part of the Province, for all or some workers.

(2) The director, or a person authorized by him in writing, may make an examination of records and other inquiries he considers necessary or advisable to assist him in establishing schedules of fair wages.

(3) Every person shall supply the records and answer the inquiries the director requires.

Historical Note(s): 1976-43-6.

Variation by board

7.  (1) On the application of an employer, worker or other person affected by a schedule, the board may, if in its opinion a schedule established by the director does not constitute fair wages, order the director to amend the schedule.

(2) The director shall, on receipt of an order from the board, amend the schedule as directed by the board.

(3) Every member of the board and the director has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

(4) The board may receive and accept evidence and information on affidavit or otherwise as it, in its discretion, considers fit and proper, whether or not it is admissible as evidence in court.

(5) The board shall determine its own procedure, but in every case shall give an opportunity to the director and all persons affected by the schedule to present evidence and make representations.

Historical Note(s): 1976-43-7.

Regulations

8.  (1) The Lieutenant Governor in Council may make regulations.

(2) Without limiting the generality of subsection (1), regulations may be made respecting

(a) the method of determining fair wages and the preparation, publication and use of schedules;

(b) the procedure to be followed in the execution of contracts or agreements;

(c) the keeping of proper records and provision for their examination;

(d) the furnishing of information and evidence considered necessary to ensure payment of fair wages; and

(e) the enforcement of this Act and the regulations.

Historical Note(s): 1976-43-8.

Offences

9.  (1) Every person who contravenes

(a) section 2, 3, 5 or 6 of this Act; or

(b) an order of the minister or the director under this Act or the regulations,

commits an offence and is liable to a fine not exceeding $2,000 or to a lesser penalty as is prescribed by the regulations.

(2) Where a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced or participated in the commission of the offence is a party to the offence, whether or not the corporation is prosecuted for the offence.

(3) Where a person contravenes this Act, the regulations or an order of the minister or the director, any person, with the consent of the minister, may apply to the board, and the board may set aside a contract referred to in section 2 unless it is satisfied that a trade union, certified under the Industrial Relations Act as bargaining agent of the workers who are employed, or are to be employed to do the work, has refused to make available for employment by the employer sufficient qualified workers requested by the employer to do the work.

Historical Note(s): 1976-43-9; 1987-24-71, effective July 27, 1987 (B.C. Reg. 246/87).

Employment Standards Act

10.  Fair wages owing under this Act shall be deemed to be wages for the purpose of the Employment Standards Act.

Historical Note(s): 1976-43-10; 1980-10-121, proclaimed effective March 14, 1981.