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This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
Assented to August 22, 1980
Part 1 — Interpretation and Application
1. In this Act
"annual vacation" means an annual paid vacation to which an employee is entitled;
"collective agreement" means a collective agreement as defined in the Industrial Relations Act or the Public Service Labour Relations Act;
"conditions of employment" means all matters and circumstances in any way affecting employers and employees in respect of the employment relationship;
"day" means a 24 hour period ending at midnight;
"director" means the Director of Employment Standards appointed under the Public Service Act;
"employee" includes
(a) a person, including a deceased person, in receipt of or entitled to wages for labour or services performed for another,
(b) a person an employer allows, directly or indirectly, to perform work or service normally performed by an employee, and
(c) a person being trained by an employer for the purpose of the employer's business;
"employer" includes a person who
(a) has control or direction of, or
(b) is responsible, directly or indirectly, for the employment of
an employee, and includes a person who was an employer;
"general holiday" means New Year's Day, Good Friday, Victoria Day, Dominion Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day;
"obligor" means an employer or person named in an order or certificate as owing wages;
"officer" means an industrial relations officer, or an employment standards officer, appointed under the Public Service Act;
"pay period" except in Part 9, means a period of employment not exceeding 16 consecutive days;
"wages" includes
(a) salaries, commissions or money, paid or payable by an employer to an employee for his services or labour,
(b) money required to be paid by an employer to an employee under this Act,
(c) money required to be paid pursuant to a certificate of the director or an order of an officer, and
(d) in Part 2, money required to be paid for an employee's benefit under a contract of employment to a fund, insurer or other person,
but does not include
(e) gratuities,
(f) money that is paid at the discretion of the employer and that is not related to hours of work, production or efficiency,
(g) travelling allowances or expenses, or
(h) other expenses;
"week" except in Part 3, means a period of 7 consecutive days commencing on any day of the week;
"work" means the labour or services an employee is required to perform for an employer and includes time the employee is required to be available for his employment duties at a place designated by the employer but does not include the time spent by an employee in his own living accommodation, whether on or off the employer's premises.
Historical Note(s): 1980-10-1; 1983-16-1, effective December 1, 1983 (B.C. Reg. 409/83); 1987-24-71, effective July 27, 1987 (B.C. Reg. 246/87); 1987-43-17.
2. (1) Subject to subsection (2), a requirement of or made under this Act is a minimum requirement, and an agreement to waive such a requirement, not being an agreement referred to in subsection (2), is void.
(2) Where a collective agreement contains any provision respecting a matter set out in Column 1 of the following table, the Part of this Act set out opposite that matter in Column 2 does not apply in respect of employment pursuant to that collective agreement:
Table | ||
Column 1 | Column 2 | |
Matter | Part | |
Hours of work or overtime | Part 3 | |
Annual vacation or vacation pay | Part 4 | |
Termination of employment or layoff | Part 5 | |
Maternity and parental leave | Part 7 |
(3) Where a collective agreement contains no provision respecting a matter set out in Column 1 of the table to subsection (2), the Part of this Act set out opposite that matter in Column 2 shall be deemed to be incorporated in the collective agreement as part of its terms.
(4) Where a Part is deemed by subsection (3) to be incorporated in a collective agreement and a dispute arises respecting the application or interpretation of the Part, the grievance procedure contained in the collective agreement or the arbitration provisions of the collective agreement shall apply for resolution of the dispute.
(5) Where
(a) a collective agreement contains a provision having the effect that after the expiration of a period stated in the agreement, the agreement may be automatically continued in force,
(b) pursuant to that provision, a collective agreement is continued in force, and
(c) the director considers that since the expiry of a period referred to in paragraph (a), no negotiations have taken place between the parties with respect to the agreement, or negotiations have taken place, but have been abandoned,
the director may, on application by an interested person declare that the continued application of subsections (2), (3) and (4) with respect to that collective agreement is no longer appropriate.
(6) On the making of a declaration under subsection (5), the provisions of this Act, other than subsections (2), (3) and (4) of this section, apply as if the collective agreement did not exist but nothing in this section shall be construed as affecting the powers and duties of the Industrial Relations Council under the Industrial Relations Act.
(7) In this section "interested person" means an employee whose terms and conditions of employment are or were governed by the collective agreement referred to in subsection (5).
Historical Note(s): 1983-16-2, effective December 1, 1983 (B.C. Reg. 409/83); 1987-24-71,72, effective July 27, 1987 (B.C. Reg. 246/87); 1991-3-1.
3. Subject to section 24, nothing in this Act or the regulations affects the right of a person to commence and maintain an action which, but for this Act, he would have had the right to commence and maintain.
Historical Note(s): 1980-10-3.
4. (1) An employer shall, at least semi monthly and not later than 8 days after each pay period, pay to each employee all wages earned for the pay period by the employee other than wages for annual vacation or accrued general holidays.
(2) On receipt of a written application from an employer and his employees or their representative, the director may authorize an extension of the 8 day period under subsection (1).
Historical Note(s): 1980-10-4.
5. (1) On termination by an employer of an employee's employment, the employer shall forthwith pay to the employee all wages owing to him.
(2) On termination by an employee of his employment, the employer shall within 6 days after the date of termination of employment, pay to the employee all wages owing to him.
(3) Where an employee is paid on a salaried basis and his employment is terminated, the employer shall pay the employee not less than the corresponding hourly equivalent of his salary for every hour of work for which he has not been paid.
Historical Note(s): 1980-10-5.
6. An employer shall pay all wages
(a) in lawful currency of Canada,
(b) by cheque, bill of exchange or order to pay, payable on demand, drawn on a savings institution, or
(c) if authorized by the employee in writing, by deposit to the credit of the employee's account in a savings institution.
Historical Note(s): 1980-10-6.
7. (1) Except as permitted or required by an enactment, an employer shall not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages by way of a setoff, counterclaim, assignment or for any other purpose.
(2) An employer shall honour an employee's written assignment of or authorization to pay wages
(a) to a trade union in accordance with the Industrial Relations Act or the Public Service Labour Relations Act,
(b) to a charitable or other organization, or a pension or superannuation or other plan, if the assignment or authorization to pay is for amounts that are deductible for income tax purposes under the Income Tax Act (Canada),
(b.1) to a person to whom the employee is required under a maintenance order, as defined in the Family Maintenance Enforcement Act, to pay maintenance,
(c) to an insurance company for the purpose of insurance or medical or dental coverage with that insurance company, and
(d) [Repealed 1983-16-3, effective December 1, 1983 (B.C. Reg. 409/83).]
(e) for a purpose that the director considers is for the benefit of the employee and that is authorized by written order of the director.
(3) An employer may honour an employee's written assignment of or authorization to pay wages to meet a credit obligation.
Historical Note(s): 1980-10-7; 1983-16-3, effective December 1, 1983 (B.C. Reg. 409/83); 1987-24-71, effective July 27, 1987 (B.C. Reg. 246/87); 1988-3-52; 1989-47-320.
8. An employee who revokes a wage assignment or authorization to pay shall do so by giving written notice of revocation
(a) to his employer, and
(b) to the person in whose favour the wage assignment or authorization to pay was made.
Historical Note(s): 1980-10-8.
9. (1) An employer who makes a deduction from an employee's wages under a written wage assignment or authorization to pay shall make payment in accordance with the terms of the wage assignment or authorization to pay, or within one month after the date the deduction is made, whichever is sooner.
(2) An employer who has agreed under a contract of employment to make a payment for the benefit of an employee to a fund, insurer or other person shall make the payment when it is due and in accordance with the terms of the contract.
Historical Note(s): 1980-10-9; 1983-16-4, effective December 1, 1983 (B.C. Reg. 409/83).
10. (1) An employer shall, in respect of each employee, keep a record of the wages earned, the wages paid, the wage rate, the hours worked each day, each deduction made and the reason it was made, and the employee's name, occupation, date of birth and residential address.
(2) The record must be in English and be kept at the employer's principal place of business in the Province for a period of one year after the employee ceases his employment, but the director may authorize an alternative place for the employer to keep the records under conditions the director considers appropriate.
Historical Note(s): 1980-10-10.
11. (1) An employer shall, on every payday, give to each employee a separate written statement of wages for his pay period stating
(a) in the case of an hourly paid employee, the hours worked by him,
(b) the employee's wage rate and, where the rate varies, the hours worked at each rate,
(c) the hours worked by the employee for which payment of wages is made at the overtime wage rate, and the overtime wage rate,
(d) any bonus, living allowance or other payment to which the employee is entitled,
(e) the amount of each deduction from the earnings of the employee and the purpose of each deduction,
(f) where an employee is paid other than by salary or by the hour, how the wages were calculated for the work for which payment is made, and
(g) the amount being received by the employee.
(2) Where in pay periods subsequent to the pay period for which a statement has been given there has been no change in the statement, a further statement need not be given to the employee until a change occurs.
Historical Note(s): 1980-10-11.
12. (1) Where
(a) the director or his authorized representative receives or obtains information within 6 months after the last date on which an employer or person
(i) failed to make a payment of wages to an employee, or
(ii) received or failed to make a payment referred to in section 9, 17 (1), 19, 20, 23, 35.1 or 76 (2), and
(b) an officer is satisfied that wages or payments are owing and that no other proceeding for their recovery has been commenced, or, if commenced, has been discontinued,
the officer may
(c) arrange that the employer or person who received or failed to make payment pay the wages or payments directly to the employee or person entitled to them, or
(d) receive, on behalf of the employee or person entitled to them, from the employer or person who received or failed to make payment, any wages or payments agreed to be paid as the result of a compromise or settlement, and shall pay them to the employee or person entitled to them.
(2) Where an officer is unable to resolve a complaint in accordance with this section, he may issue an order in writing requiring the obligor to pay forthwith to the director any wages or payments referred to in subsection (1) to which an employee or person is entitled.
(3) An order issued under this section
(a) may require an obligor to pay wages or make payments to more than one employee or person in respect of more than one failure to comply with this Act or the regulations,
(b) shall be served on the obligor, and
(c) shall state
(i) the amount to be paid by the obligor for an employee or person and how the amount was determined, and
(ii) that the obligor may, within 8 days after service of the order on him or within any further time the director allows, seek a review of the order under this section.
(4) An obligor seeking a review of an order under this section shall, within 8 days after service of the order on him or within any further time the director allows, deliver to the director
(a) written particulars of the request for review, including the reasons for it, and
(b) a certified cheque or money order payable to the director in
(i) the amount of $100, or
(ii) an amount equal to 10% of the amount referred to in subsection (3) (c) (i),
whichever is greater, and the amount of the cheque or money order shall be held as a deposit until the review is completed.
Historical Note(s): 1983-16-5, effective December 1, 1983 (B.C. Reg. 409/83).
13. (1) Where the obligor does not give notice that he seeks a review of an order within the time allowed under and in accordance with section 12 (4), the officer may refer the order to the director.
(2) On receipt of an order referred by an officer under subsection (1), the director may issue a certificate setting out the wages owing as contained in the order.
(3) Where an obligor delivers to the director in accordance with section 12 (4) a request that the order be reviewed, the director shall review the order.
(4) The review shall be conducted in a manner the director considers appropriate, and for the purpose of the review the director may do either or both of the following:
(a) request additional information from the obligor, employee or other person named in the order;
(b) convene a hearing.
(5) The director or a person designated by him shall conduct a hearing convened under subsection (4), and the parties to the hearing shall be
(a) the person alleged to have contravened this Act or the regulations,
(b) the complainant, if any,
(c) an officer, and
(d) any other person specified by the person conducting the hearing.
(6) On completion of the review the director shall confirm, vary or cancel the order.
(7) Where the director confirms or varies the order, he shall issue a certificate setting out the amount owed by the obligor.
(8) Where the director confirms or varies the order, the deposit referred to in section 12 (4) (b) shall cease to be held in trust under section 18 and shall be retained and paid into the consolidated revenue fund as a fee.
(9) Where the director cancels the order, the deposit referred to in section 12 (4) (b) shall be returned to the obligor.
Historical Note(s): 1983-16-6, effective December 1, 1983 (B.C. Reg. 409/83).
14. (1) The director may file in court a certificate issued under section 13, 83 or 85.
(2) A filed certificate is enforceable in the same manner as a judgment of the court in favour of the director for the recovery of a debt in the amount set out in the certificate.
(3) An appeal from a certificate of the director lies to the Supreme Court.
(4) No appeal referred to in subsection (3) shall be instituted later than 45 days after the issue of the certificate.
(5) An appeal referred to in subsection (3) shall be a trial de novo.
Historical Note(s): 1983-16-7, effective December 1, 1983 (B.C. Reg. 409/83); 1989-40-81.
15. (1) Notwithstanding any other Act, unpaid wages constitute a lien, charge and secured debt in favour of the director, dating from the time that the wages were earned, against all the real and personal property of the obligor, including money due or accruing due to the obligor from any source.
(1.1) Unpaid wages set out in an order or decision filed by the Industrial Relations Council pursuant to section 30 of the Industrial Relations Act constitute a lien, charge and secured debt in favour of the persons named in the order or decision against all the real and personal property of the employer or other person named in the order.
(2) Notwithstanding any other Act, the amount of a lien, charge and secured debt referred to in subsections (1) and (1.1) is payable and enforceable in priority over all liens, judgments, charges and security interests or any other claims or rights including
(a) any claim or right of the Crown in right of the Province including, without limitation, the claims and rights of the Workers' Compensation Board,
(b) any claim or right arising through contract, account receivable, insurance claim or sale of goods, and
(c) any security interest within the meaning of the Personal Property Security Act,
whether the lien, judgment, charge, security interest, claim or right was
(d) perfected within the meaning of the Personal Property Security Act, or
(e) created or made
before or after the date the wages were earned, or the date a payment for the benefit of an employee became due.
(3) Notwithstanding subsection (2), the lien, charge and secured debt referred to in subsections (1) and (1.1) does not have priority over a mortgage of, or debenture charging, land, that was registered in a land title office before registration against that property of a certificate of judgment obtained pursuant to the filing under section 14, except with respect to money advanced under the mortgage or debenture after the certificate of judgment was registered.
Historical Note(s): 1980-10-15; 1983-16-8, effective December 1, 1983 (B.C. Reg. 409/83); 1987-24-71,72, effective July 27, 1987 (B.C. Reg. 246/87); 1990-11-57.
16. (1) Where the director or his authorized representative has reason to believe that a person is or is likely to become indebted to an obligor, the director or his authorized representative may demand in writing that from out of the money payable by the person to the obligor the person shall pay the amount stated in the certificate or order to the director on account of the liability of the obligor.
(2) Where a demand is made under this section, the person named in the demand
(a) shall, if indebted to the obligor, pay to the director the amount demanded, within 15 days after the later of
(i) the date of service of the demand, or
(ii) the date he becomes indebted to the obligor, and
(b) shall not, except with the written consent of the director, pay the amount demanded to a person other than the director.
(3) The director's receipt for money paid in response to a demand shall be deemed conclusive proof of the discharge of the liability of the person to the obligor to the extent of the amount stated in the receipt.
(4) Money or a beneficial interest in money in a savings institution
(a) on deposit to the credit of an obligor, or held in trust by a depositor for an obligor, at the time a demand is served, or
(b) deposited to the credit of an obligor after a demand is served,
is money for which the savings institution is indebted to an obligor within the meaning of subsection (1).
(5) A demand issued under this section continues in effect until it is satisfied or until it is cancelled by the director or his authorized representative.
Historical Note(s): 1980-10-16; 1983-16-9, effective December 1, 1983 (B.C. Reg. 409/83).
17. (1) Where a demand made on a person under section 16 is not honoured and the person is indebted to the obligor, the director or his authorized representative may enforce recovery of the amount as if it were unpaid wages, and this Act applies to the recovery of that amount.
(2) Where a person on whom a demand is made denies indebtedness to an obligor, the director or his authorized representative may require that person to produce information the director or his authorized representative considers necessary to establish that there is no indebtedness.
Historical Note(s): 1980-10-17; 1983-16-10, effective December 1, 1983 (B.C. Reg. 409/83).
18. (1) The director shall pay all money received by him to the Minister of Finance who shall hold it in trust for, and shall pay out according to the direction of the director to, the persons entitled under this Act.
(2) Where the director receives money under this Act, the money shall first be attributed by the director proportionally among the employees named in the certificate or order according to their wages due and owing as shown on the certificate or order and shall then be paid according to the following priority:
(a) to a person who is a holder for value of a cheque, bill of exchange or order to pay for the employee's wages that was not paid;
(b) to the assignee of an assignment or authorization to pay made by the employee;
(c) to the person named in the certificate or order, and where the employee is deceased,
(i) under the Estate Administration Act, or
(ii) to the estate of the employee;
(d) to a fund, insurer or other person to whom payment is to be made under section 9.
(3) Where there is insufficient money to pay all persons entitled under a paragraph in subsection (2), the money available to the persons covered by that paragraph shall be divided in proportion to the amount of each person's entitlement.
(4) Notwithstanding subsection (2), where
(a) the director receives money in respect of wages owing to an employee, and
(b) that employee is also an obligor,
the money that, but for this subsection, would have been paid in accordance with subsection (2) may be directed by the director to be paid in satisfaction of the claims of the employee named in the certificate or order in respect of which the employee referred to in paragraph (b) is the obligor.
Historical Note(s): 1980-10-18; 1983-16-11, effective December 1, 1983 (B.C. Reg. 409/83).
19. (1) A person who was a director or officer of a corporation at the time wages of an employee of the corporation should have been paid is personally liable for the unpaid wages in an amount not exceeding 2 months' wages for each employee affected, and this Act applies to the recovery of the unpaid wages from that person.
(2) Notwithstanding subsection (1), where a corporation is in receivership, bankruptcy or is subject to action under section 178 of the Bank Act (Canada), a person who was a director or officer of the corporation is not personally liable for severance pay.
Historical Note(s): 1980-10-19; 1983-16-12, effective December 1, 1983 (B.C. Reg. 409/83).
20. Where the director or his authorized representative considers that businesses, trades or undertakings are carried on by or through more than one corporation, individual, firm, syndicate or association, or any combination of them under common control or direction, the director or his authorized representative may treat the corporations, individuals, firms, syndicates or associations, or any combination of them, as constituting one person for the purposes of this Act, and they are jointly and severally liable for payment of the amount set out in a certificate or order made under this Act and this Act applies to the recovery of that amount from any or all of them.
Historical Note(s): 1980-10-20; 1983-16-13, effective December 1, 1983 (B.C. Reg. 409/83).
21. Where an order is issued under section 12, the director or his authorized representative may seize the assets owned or in the possession of the obligor or used in or incidental to his business to the extent necessary to satisfy the amount set out in the order and any costs incurred in the course of the seizure and shall safely keep the assets under seizure until a certificate is filed under section 14 and a writ of seizure and sale has been executed by a sheriff or until the order is cancelled.
Historical Note(s): 1980-10-21; 1983-16-14, effective December 1, 1983 (B.C. Reg. 409/83).
22. The director or his authorized representative shall release from seizure an asset seized under section 21 where he is satisfied that it is owned by a person other than an obligor.
Historical Note(s): 1980-10-22; 1983-16-15, effective December 1, 1983 (B.C. Reg. 409/83).
23. A person, other than the director or his authorized representative, shall not remove, damage or dispose of assets seized under section 21 and a person who does so is, in addition to any other penalty, liable for the amount owed by the obligor, and this Act applies to the recovery of the amount from that person.
Historical Note(s): 1980-10-23.
24. Where an order or certificate is issued under this Act, the employee shall not, without the written consent of the director, commence any other proceeding to recover unpaid wages unless the order is cancelled and not replaced by a certificate under section 13.
Historical Note(s): 1983-16-16, effective December 1, 1983 (B.C. Reg. 409/83).
25. (1) Where an employer is unable to locate an employee to pay the employee his wages, the employer shall, not later than 60 days after the date the wages became due and payable, pay the wages to the director who shall give the employer a receipt for the amount received.
(2) A receipt from the director discharges the employer from liability for the payment of those wages.
Historical Note(s): 1980-10-25.
Part 3 — Hours of Work, Overtime and Special Apparel
26. In this Part
"overtime wage" means the wage that an employee is entitled to receive under section 30 or 31;
"regular wage" means,
(a) the hourly wage of an employee,
(b) where paid on a flat rate, piece, commission or other incentive basis, the wages of the employee in a pay period divided by the employee's total hours of work during that pay period,
(c) where paid on a weekly basis, the weekly wage of the employee divided by the lesser of the employee's normal or average weekly hours of work, or
(d) where paid on a monthly basis, the monthly wage of the employee multiplied by 12 and divided by the product of 52 times the lesser of the employee's normal or average weekly hours of work;
"week" means the period between midnight on Saturday and midnight on the following Saturday.
Historical Note(s): 1980-10-26.
27. (1) An employer shall notify his employees
(a) of the hours at which work begins and ends,
(b) where work is carried on by shifts, of the hours at which each shift begins and ends, and
(c) of the eating periods allowed during the period of work that are not counted as part of the hours worked,
by posting notices in a conspicuous place where all employees have ready access to read the notices.
(2) An employer shall give an employee 24 hours' notice of a change in shift unless the change results in the employee working hours that entitle him to an overtime wage.
(3) On receipt of a written application from an employer and his employees or their representative, the director may, on being satisfied that the application of subsection (2) is unsuitable in the circumstances, authorize a variation.
Historical Note(s): 1980-10-27.
28. Subject to sections 29, 31 and 35, an employer shall not require or permit an employee to work more than 8 hours in a day or 40 hours in a week unless the employer complies with section 30.
Historical Note(s): 1980-10-28.
29. (1) Where an officer is satisfied, after an inquiry he considers adequate, that the hours of work of an employee are excessive or are detrimental to the employee's health or safety the officer may, by order,
(a) require an employer to limit the daily or weekly or both the daily and weekly hours of work of his employees to 8 in a day or 40 in a week,
(b) require that a copy of the order be posted and kept posted in a conspicuous place where all employees have ready access to read the order, and
(c) allow the limit of hours of work of employees established under paragraph (a) to be exceeded under conditions and periods of time the director considers appropriate.
(2) Where an employer contravenes an order made under subsection (1), an officer may refer the matter to the director, and the director may, on being satisfied that the order has been or is being contravened, authorize an officer to make an order varying the overtime wage to be paid by that employer to his employees and the officer may make the order retroactive to the date of the order made under subsection (1).
Historical Note(s): 1980-10-29; 1983-16-18, effective December 1, 1983 (B.C. Reg. 409/83).
30. (1) An employer shall, in addition to all other amounts due to an employee, pay an employee who works more than the number of hours specified in section 28,
(a) except as provided in paragraph (b), 1 1/2 times his regular wage for all hours worked in excess of
(i) 8 in a day, and
(ii) 40 in a week, but excluding from the calculation hours worked in excess of 8 in a day, and
(b) double his regular wage for all hours worked in excess of
(i) 11 in a day, and
(ii) 48 in a week, but excluding from the calculation hours worked in excess of 8 in a day.
(2) Where a week contains a general holiday which is granted to an employee in accordance with the regulations
(a) the references to hours in a week in subsection (1) (a) (ii) and (b) (ii) shall be reduced by 8 hours for each general holiday in the week, and
(b) in calculating the overtime hours worked by an employee in that week, no account shall be taken of hours worked by him on the general holidays.
(3) Where overtime wage provisions established by a collective agreement vary from those provided in subsection (1) or (2), the overtime wage provisions of the collective agreement apply.
Historical Note(s): 1980-10-30; 1983-16-19, effective December 1, 1983 (B.C. Reg. 409/83).
31. (1) On receipt of a written application, the director may authorize a variation of the overtime wage provisions of section 30 where
(a) hours of work are averaged over a period longer than a week,
(b) less than 5 days are worked in a week, or
(c) the basis for calculation of overtime wages has been established by agreement between the employer and his employees or their representatives.
(2) In an authorization under subsection (1), the director may establish conditions of employment and overtime wages that are not inconsistent with the intent of this Act.
Historical Note(s): 1980-10-31.
32. (1) An employer shall ensure that each employee has an eating period of at least 1/2 hour, at intervals that will result in no employee working longer than 5 consecutive hours without an eating period.
(2) For the purpose of computing the hours worked by an employee, the periods allowed the employee for eating shall not be counted as hours worked unless the employee is required to work during those periods.
(3) Except for an emergency an employer shall ensure that each employee has at least 8 consecutive hours free from work between each shift worked.
(4) On receipt of a written application from an employer and his employees or their representative, the director may, on being satisfied that the application of subsection (1) or (3) is unsuitable in the circumstances, authorize a variation.
Historical Note(s): 1980-10-32.
33. Where an employee works a split shift, the employer shall limit the employee's regular hours of work to the 12 hours immediately following commencement of his shift.
Historical Note(s): 1980-10-33.
34. (1) Subject to subsection (2), an employer shall pay an employee reporting for work as required by the employer his regular wage for the entire period spent at the place of work, with a minimum in any one day of
(a) 2 hours' pay unless the employee is unfit to perform his duties or he has failed to comply with the Industrial Health and Safety Regulations of the Workers' Compensation Board, or
(b) where the employee commences work, 4 hours' pay unless his work is suspended because of inclement weather or other reasons completely beyond the control of the employer, in which case paragraph (a) applies.
(2) An employer shall pay a school student reporting for work on his school day as required by the employer his regular wage for the entire period spent at the place of work, with a minimum in any one day of 2 hours' pay, whether or not he commences work.
(3) On receipt of a written application from an employer and his employees or their representative, the director may, on being satisfied that the application of subsection (1) (b) is unsuitable in the circumstances, authorize a variation.
Historical Note(s): 1980-10-34.
35. (1) Unless he complies with subsection (2), an employer shall ensure that each employee has at least 32 consecutive hours free from work each week.
(2) An employer who requires or allows an employee to work during the 32 hour period referred to in subsection (1) shall pay the employee double his regular wage for all hours worked during that period.
(3) On receipt of a written application from an employer and his employees or their representative, the director may, on being satisfied that the application of subsection (1) or (2) is unsuitable in the circumstances, authorize a variation.
Historical Note(s): 1980-10-35.
35.1 (1) An employer who requires an employee to wear a uniform or other special apparel shall furnish the uniform or other special apparel and shall clean, launder, repair or provide similar services with respect to the upkeep of it, without charge to the employee.
(2) On receipt of a written application from an employer and his employees or their representative, the director may, on being satisfied that the application of subsection (1) is unsuitable in the circumstances, authorize a variation.
(3) Money received or deducted by an employer from an employee for cleaning, laundering, repairing or providing similar services with respect to the upkeep of a uniform or special apparel referred to in subsection (1) shall be deemed to be wages owing, and this Act applies to their recovery.
Historical Note(s): 1983-16-20, effective December 1, 1983 (B.C. Reg. 409/83).
36. (1) An employer shall give to each of his employees, after the completion of each year of employment, an annual vacation of at least
(a) 2 weeks, and
(b) one additional week where the employee has completed 5 continuous years of employment with the employer.
(2) An employer shall give an employee the annual vacation to which he is entitled not later than 10 months after the anniversary date of each year of his employment.
(3) Where an employee is entitled to take annual vacation, the employer shall not require him to take it in periods of less than one week's duration.
(4) An annual vacation is exclusive of general holidays to which the employee is entitled.
Historical Note(s): 1980-10-36; 1983-16-21, effective December 1, 1983 (B.C. Reg. 409/83).
37. (1) An employer shall pay annual vacation pay to each employee calculated on the employee's total wages for the year in respect of which the employee becomes entitled to an annual vacation at a rate at least equal to 2% for each week of annual vacation to which the employee is entitled under section 36.
(2) An employer shall pay to an employee the annual vacation pay to which he is entitled in one payment
(a) at least 7 days before the beginning of his annual vacation, or
(b) where the employment of the employee ceases before he takes his annual vacation, at the time established by this Act for payment of wages.
(3) Where an employee ceases employment with an employer part way through his year of employment, the employer shall pay to the employee an amount equal to
(a) 4% of the total wages of the employee for the part of the year he was employed, and
(b) where the employee has completed 5 continuous years of employment with that employer, an additional 2% of the total wages of the employee for the part of the year he was employed.
(4) An employee whose employment ceases before he has completed 5 working days of employment in his working year is not entitled to annual vacation pay under subsection (3).
Historical Note(s): 1980-10-37.
38. (1) The payment of sick pay or bonuses by an employer does not relieve the employer from complying with sections 36 and 37.
(2) An annual vacation, or pay instead of an annual vacation, to which an employee is entitled under this Part shall not be reduced because the employee was previously given an annual vacation of greater duration than provided in section 36.
(3) For the purposes of subsection (2), an annual vacation of greater duration than provided in section 36 does not include an annual vacation taken in advance.
Historical Note(s): 1980-10-38.
39. Notwithstanding sections 36 and 37, the director may authorize an employer to use a common anniversary date for the purpose of calculating annual vacation entitlement and if the employer does so, where an employee has not completed a year of employment, the employer shall give him an annual vacation calculated on a proportional basis.
Historical Note(s): 1980-10-39.
40. For the purposes of this Part and in addition to any other requirement of this Act, an employer shall keep in his principal place of business in the Province for a period of one year after the employee ceases his employment, a record in English showing in respect of each employee
(a) the date of commencement of his present term of employment and the authorized anniversary date, if any,
(b) each annual vacation given, with
(i) the dates of commencement and completion,
(ii) the period of employment to which the annual vacation relates, and
(iii) the amount of annual vacation pay given,
(c) the amount paid in substitution for a general holiday on termination of employment,
(d) the amount paid under section 37 (3), and
(e) the number of days accumulated for general holidays.
Historical Note(s): 1980-10-40.
Part 5 — Termination of Employment
41. In this Part
"severance pay" means the greater of the employee's
(a) normal weekly wages, or
(b) average weekly wages
within the last 8 weeks in which he earned wages, but for the purposes of this definition, overtime wage as defined by section 26 shall not be included or taken into account for the purpose of determining or calculating normal weekly wages or average weekly wages;
"temporary layoff" means an interruption of an employee's employment by an employer for a period
(a) not exceeding 13 weeks of layoff in a period of 20 consecutive weeks, or
(b) exceeding 13 weeks of layoff, where the employer recalls the employee to employment within a time fixed by the director;
"terminate" includes
(a) layoff of an employee from employment, other than temporary layoff, or
(b) alteration of a condition of employment that the director or his authorized representative declares to be a termination of an employee's employment, but does not include the discharge of an employee for just cause;
"week of layoff" means a week in which an employee earns less than 50% of his weekly wages at his regular wage as defined in section 26, averaged over the previous 8 weeks.
Historical Note(s): 1980-10-41; 1983-16-22, effective December 1, 1983 (B.C. Reg. 409/83).
42. (1) An employer shall not terminate an employee without giving the employee, in writing, at least
(a) 2 weeks' notice where the employee has completed a period of employment of at least 6 consecutive months, and
(b) after the completion of a period of employment of 3 consecutive years, one additional week's notice, and for each subsequent completed year of employment, an additional week's notice up to a maximum of 8 weeks' notice.
(2) The period of notice shall not coincide with an employee's annual vacation.
(3) When an employer terminates an employee and fails to comply with subsection (1) the employer shall pay the employee severance pay equal to the period of notice required.
(4) Payment under subsection (3) does not relieve the employer from making any other payment to which the employee is entitled under this Act.
(5) The director may, with respect to an employer and his employee or his group of employees, vary the provisions of this Part where the employer and the employee or group of employees have entered into an agreement that provides for benefits or supplemental payments during a period of layoff which are consistent with the intent of this Part.
(6) A payment in respect of a termination made pursuant to a contract of employment may be treated by the director as severance pay for the purposes of this Part.
Historical Note(s): 1980-10-42; 1983-16-23, effective December 1, 1983 (B.C. Reg. 409/83).
43. Section 42 does not apply to
(a) an employee discharged for just cause,
(b) an employee employed under an arrangement by which the employer may request the employee to come to work at any time for a temporary period and by which the employee has the option of accepting or rejecting one or more of the temporary periods,
(c) an employee employed
(i) for a definite term, or
(ii) for specific work to be completed in a period not exceeding 12 months,
(d) [Repealed 1983-16-24, effective December 1, 1983 (B.C. Reg. 409/83).]
(e) an employee who has been offered and who has refused reasonable alternative employment by his employer, and
(f) an employee employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance.
Historical Note(s): 1980-10-43; 1983-16-24, effective December 1, 1983 (B.C. Reg. 409/83).
44. Where an employer temporarily lays off an employee and the layoff exceeds a temporary layoff, the employee shall be deemed to have been terminated at the commencement of the temporary layoff and the employer shall pay the employee the severance pay under section 42 (3).
Historical Note(s): 1980-10-44.
45. Where the notice referred to in section 42 (1) has been given, the employer shall not, without the consent of the employee, alter his rate of wages or any other term or condition of his employment.
Historical Note(s): 1980-10-45.
46. Where an employee continues to be employed after the expiry of the period of notice given under section 42, the notice is without effect.
Historical Note(s): 1980-10-46.
47. Where an employee referred to in section 43 (c) continues to be employed for a period of 3 months or more after completion of the definite term or specific work for which he was employed, his employment shall be deemed not to be for a definite term or specific work and for the purpose of section 42 his period of employment shall be deemed to have commenced at the beginning of the definite term or specific work.
Historical Note(s): 1980-10-47.
48. Where
(a) an employer has substantially altered a condition of employment, and
(b) an officer is satisfied that the purpose of the alteration is to discourage the employee from continuing in the employment,
the officer may declare that the employer has terminated the employee.
Historical Note(s): 1980-10-48; 1983-16-25, effective December 1, 1983 (B.C. Reg. 409/83).
49.1 (1) In addition to the requirements of section 42, an employer who intends to terminate the employment of 50 or more employees at a single location within any 2 month period shall give written notice of that intention, in accordance with subsection (2), to each of the following:
(a) the minister;
(b) each employee whose employment will be terminated;
(c) a trade union
(i) certified to represent any employees whose employment will be terminated, or
(ii) recognized by the employer as bargaining agent for any employees whose employment will be terminated.
(2) The written notice required by subsection (1)
(a) must specify
(i) the number of employees whose employment will be terminated,
(ii) the effective date or dates of the terminations, and
(iii) the reasons for the terminations, and
(b) must be given as follows, depending on the number of employees whose employment will be terminated:
(i) at least 8 weeks before the effective date of the first termination, if the number of employees does not exceed 100;
(ii) at least 12 weeks before the effective date of the first termination, if the number of employees exceeds 100 but does not exceed 300;
(iii) at least 16 weeks before the effective date of the first termination, if the number of employees exceeds 300.
Historical Note(s): 1991-4-21.
49.2 Section 49.1 does not apply to an employee
(a) discharged for just cause,
(b) employed under an arrangement by which the employer may request the employee to come to work at any time for a temporary period and by which the employee has the option of accepting or rejecting one or more of the temporary periods,
(c) employed
(i) for a definite term, or
(ii) for specific work to be completed in a period not exceeding 12 months,
(d) employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance,
(e) employed in the construction industry,
(f) who has been offered and who has refused reasonable alternative work or employment by the employer,
(g) who has been offered and who has refused alternative work or employment made available to the employee through a seniority system,
(h) who is terminated or laid off as a result of the normal seasonal
(i) reduction of an operation,
(ii) suspension of an operation, or
(iii) closure of an operation, or
(i) who is on layoff and who has not returned to work within a reasonable time after being requested to do so by the employer.
Historical Note(s): 1991-4-21.
49.3 (1) The minister may require an employer who is required to give notice under section 49.1 to establish a joint employer/employee adjustment committee consisting of equal numbers of persons representative of the views of the employer and of the employees affected by the termination of employment respectively, and any other person or persons the minister considers to be suitable for appointment to the committee.
(2) The object of the adjustment committee established under subsection (1) is to develop on a cooperative basis an adjustment program to eliminate the necessity for the termination of employment or to minimize the impact of such termination on affected employees and to assist those employees in obtaining other employment.
(3) The employer, the representatives of the employer and the affected employees, and any other person on the adjustment committee shall provide it with the information that it may reasonably require.
Historical Note(s): 1991-4-21.
49.4 Except with the consent of the employee or of a trade union representing the employee, an employer, after the employee becomes entitled to receive notice under section 49.1, shall not alter the employee's rate of wages or any other term or condition of employment.
Historical Note(s): 1991-4-21.
50. (1) In this section "child" means a person under the age of 15 years.
(2) No person shall employ a child without the permission of the director or his authorized representative, and no parent or guardian shall consent to the employment of a child in contravention of this section.
(3) The director or his authorized representative may set the conditions of employment under which the child may be employed.
(4) No employer shall employ a child in a manner that is inconsistent with the conditions of employment set under subsection (3).
Historical Note(s): 1980-10-50.
Part 7 — Maternity and Parental Leave
51. (1) An employee, on her written request for maternity leave, is entitled to a leave of absence from work, without pay, for a period of 18 consecutive weeks or a shorter period the employee requests, commencing 11 weeks immediately before the estimated date of birth or a later time the employee requests.
(1.1) A request under subsection (1) must
(a) be made at least 4 weeks before the day specified in the request as the day on which the employee proposes to commence maternity leave, and
(b) be accompanied by a certificate of a medical practitioner stating that the employee is pregnant and estimating the probable date of birth of the child.
(2) Regardless of the date of commencement of the leave of absence taken under subsection (1), the leave shall not end before the expiration of 6 weeks following the actual date of birth of the child unless the employee requests a shorter period.
(3) A request for a shorter period under subsection (2) must be given in writing to the employer at least one week before the date that the employee indicates she intends to return to work and the employee must furnish the employer with a certificate of a medical practitioner stating that the employee is able to resume work.
(4) Where an employee gives birth or the pregnancy is terminated before a request for leave is made under subsection (1), the employer shall, on the employee's request and on receipt of a certificate of a medical practitioner stating that the employee has given birth or the pregnancy was terminated on a specified date, grant the employee leave of absence from work, without pay, for a period of 6 consecutive weeks, or a shorter period the employee requests, commencing on the specified date.
(5) Where an employee who has been granted leave of absence under this section is, for reasons related to the birth or the termination of the pregnancy as certified by a medical practitioner, unable to work or return to work after the expiration of the leave, the employer shall grant to the employee further leaves of absence from work, without pay, for a period specified in one or more certificates but not exceeding a total of 6 consecutive weeks.
Historical Note(s): 1980-10-51; 1991-3-3.
51.1 (1) An employee, on his or her written request for parental leave, is entitled to a leave of absence from work, without pay, for the period specified in subsection (3).
(2) A request under subsection (1) must
(a) be made at least 4 weeks before the day specified in the request as the day on which the employee proposes to commence parental leave, and
(b) be accompanied by
(i) a certificate of a medical practitioner or other evidence stating the date of birth of the child or the probable date of birth of the child if a certificate has not been provided under section 51 (1.1) (b), or
(ii) a letter from the agency that placed the child providing evidence of the adoption of the child.
(3) The employee is entitled to parental leave for a period of 12 consecutive weeks or a shorter period the employee requests, commencing,
(a) in the case of a natural mother, immediately following the end of the maternity leave taken under section 51 unless the employer and employee agree otherwise,
(b) in the case of a natural father, following the birth of the child and within the 52 week period after the birth date of the new born child, and
(c) in the case of an adopting mother or father, following the adoption of the child and within the 52 week period after the date the adopted child comes into the actual care and custody of the mother or father.
(4) If
(a) the new born child or adopted child will be or is at least 6 months of age at the time the child comes into the actual care and custody of the mother or father, and
(b) it is certified by a medical practitioner or the agency that placed the child that an additional period of parental care is required because the child suffers from a physical, psychological or emotional condition,
the employee is entitled to a further parental leave of absence from work, without pay, for a period not exceeding a total of 5 consecutive weeks as specified in the certificate, commencing immediately following the end of the parental leave taken under subsection (3).
Historical Note(s): 1991-3-4.
51.2 Notwithstanding sections 51 and 51.1, an employee's combined entitlement to a leave of absence from work under this Part shall not exceed a total of 32 weeks.
Historical Note(s): 1991-3-4.
52. An employer may require an employee to commence a leave of absence under section 51 where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a medical practitioner stating that she is able to perform her duties.
Historical Note(s): 1980-10-52.
53. The services of an employee who is absent from work in accordance with this Part shall be considered continuous for the purpose of sections 36, 37 and Part 5 and any pension, medical or other plan beneficial to the employee, and the employer shall continue to make payment to the plan in the same manner as if the employee were not absent where
(a) the employer pays the total cost of the plan, or
(b) the employee elects to continue to pay his or her share of the cost of a plan that is paid for jointly by the employer and the employee.
Historical Note(s): 1980-10-53; 1991-3-5.
54. (1) An employee who resumes employment on the expiration of the leave of absence granted in accordance with this Part shall be reinstated in all respects by the employer in the position previously occupied by the employee, or in a comparable position, and with all increments to wages and benefits to which the employee would have been entitled had the leave not been taken.
(2) Where the employer has suspended or discontinued operations during the leave of absence granted under this Part and has not resumed operations on the expiry of the leave of absence, the employer shall, on resumption of operations and subject to seniority provisions in a collective agreement, comply with subsection (1).
Historical Note(s): 1980-10-54.
55. (1) An employer shall not
(a) terminate an employee, or
(b) change a condition of employment of an employee without the employee's written consent
because of an absence authorized by this Part or because of the employee's pregnancy, unless the employee has been absent for a period exceeding that permitted under this Part.
(2) The burden of proving that
(a) the termination of an employee, or
(b) a change in a condition of employment of the employee without the employee's written consent
is not because of an absence authorized by this Part or because of an employee's pregnancy, is on the employer.
Historical Note(s): 1980-10-55.
56. Where an officer is satisfied that an employer has contravened this Part, the officer may make one or more orders requiring the employer to do one or more of the following:
(a) comply with this Part;
(b) remedy or cease doing an act;
(c) hire or reinstate a person and pay that person any wages lost by reason of the contravention;
(d) pay a person compensation instead of reinstating that person.
(e) [Repealed 1983-16-27, effective December 1, 1983 (B.C. Reg. 409/83).]
Historical Note(s): 1980-10-56; 1983-16-27, effective December 1, 1983 (B.C. Reg. 409/83); 1991-3-6.
57. An employer shall not, by means of deceptive or false representations, advertising or pretences respecting
(a) the availability of a position,
(b) the nature of the work to be done,
(c) the wages to be paid for the work, or
(d) the conditions of employment
induce, influence or persuade a person to become his employee or to undertake work or to make himself available for work.
Historical Note(s): 1980-10-57.
58. An employer shall not
(a) terminate or threaten to terminate an employee,
(b) discipline or suspend an employee,
(c) impose a penalty on an employee, or
(d) intimidate or coerce an employee
because of an investigation or action that may be or has been taken under this Act or because the employee
(e) has registered a complaint under this Act, or
(f) has supplied or may supply information to the director or his authorized representative.
Historical Note(s): 1980-10-58; 1983-16-28, effective December 1, 1983 (B.C. Reg. 409/83).
59. Where an officer is satisfied that an employer has contravened this Part, the officer may make one or more orders requiring the employer to do one or more of the following:
(a) comply with this Part;
(b) remedy or cease doing an act;
(c) hire or reinstate a person and pay him any wages lost by reason of the contravention;
(d) pay a person compensation instead of reinstating him;
(e) pay a person or employee reasonable and actual out of pocket expenses incurred by him by reason of the contravention.
Historical Note(s): 1980-10-59; 1983-16-29, effective December 1, 1983 (B.C. Reg. 409/83).
Part 9 — Farm Labour Contractors
60. In this Part
"farm labour contractor" means an employer whose employees do work in connection with the planting, cultivating or harvesting of any horticultural or agricultural product, for or under the direction of another person;
"licence" means a licence to carry on the business, activity or operation of a farm labour contractor under this Part;
"pay period" means a period of employment not exceeding 7 consecutive days.
Historical Note(s): 1980-10-60.
61. No person shall act as a farm labour contractor unless he is licensed to do so.
Historical Note(s): 1980-10-61.
62. (1) An application for a licence shall be made to the director.
(2) The director shall not issue a licence until the applicant has
(a) submitted a written application in a form required by the director containing
(i) a statement of all facts required by the director concerning the applicant's previous experience as a farm labour contractor, competency, responsibility and the manner and method by which he proposes to conduct his operations as a licensee, and
(ii) the names and addresses of all persons financially interested in the proposed operation as a farm labour contractor as partners, associates, directors or shareholders, together with the amount and description of their respective interests,
(b) satisfied the director as to his character, competency and responsibility,
(c) paid to the director a prescribed licence fee,
(d) demonstrated to the satisfaction of the director in an oral or written examination, or both, knowledge of this Act and the regulations, and
(e) deposited with the director security for the payment of wages or provided a bond under the Bonding Act of a nature and amount the director considers appropriate.
(3) The director may refuse to issue a licence to an applicant who has had a previous licence cancelled.
(4) Where the director is satisfied that the requirements of this Part have been met, he shall issue to the applicant a licence in the prescribed form and subject to conditions the director considers appropriate.
Historical Note(s): 1980-10-62; 1983-16-30, effective December 1, 1983 (B.C. Reg. 409/83).
63. (1) A licence expires on December 31 of the year in which it is issued.
(2) A licence is not transferable or assignable.
(3) Where there is any change in the directors or shareholders of a corporation that is a farm labour contractor the corporation shall, within 7 days after the change, submit a new application for a licence.
(4) Failure to apply within the time specified in subsection (3) renders the licence of the corporation void.
Historical Note(s): 1980-10-63.
64. A farm labour contractor shall
(a) carry his licence with him at all times while carrying on his licensed activities and shall show it to all persons with whom he intends to deal in his capacity as a farm labour contractor before so dealing,
(b) immediately notify the director of a change in his business or residential address,
(c) have available for inspection by his employees and others with whom he contracts as a farm labour contractor, a written statement showing the wages he is paying to his employees for services for or under the direction of the person with whom he has contracted, and
(d) have displayed prominently at the site where the work is to be performed and on all vehicles used by him for transportation of employees, the wages he is paying to his employees.
Historical Note(s): 1980-10-64.
65. (1) A farm labour contractor, on request of a person with whom he has contracted to supply employees, shall immediately furnish that person with a payroll list of all the farm labour contractor's employees who do work for that person.
(2) The payroll list shall be in a form, and contain information, required by the director.
Historical Note(s): 1980-10-65.
66. (1) A farm labour contractor who provides transportation for an employee to a proposed job site and does not then provide employment for him shall pay wages to the employee at the hourly minimum wage for the greater of 4 hours or the elapsed time from the point of departure to the return to the same place or a place that is no further away and that is acceptable to the employee.
(2) This section does not apply where employment is not available because of inclement weather or other reasons completely beyond the control of the farm labour contractor.
Historical Note(s): 1980-10-66.
67. No farm labour contractor shall
(a) dispose of an interest in his business without the written consent of the director,
(b) give a fee or benefit to a person for whom the farm labour contractor's employees do work, or
(c) accept a fee or benefit from an employee or applicant for employment.
Historical Note(s): 1980-10-67.
68. A person who knowingly enters into an agreement with an unlicensed farm labour contractor shall for the purposes of this Act and that agreement be deemed to be the employer of the employees of the farm labour contractor.
Historical Note(s): 1980-10-68.
69. Notwithstanding section 4, a farm labour contractor shall, not later than 72 hours after each pay period, pay to each employee all wages earned by the employee other than wages for annual vacation.
Historical Note(s): 1980-10-69.
70. (1) The director may cancel or suspend a licence of a farm labour contractor where
(a) he or his agent contravenes this Act,
(b) he made a misrepresentation or false statement in his application for a licence,
(c) the conditions under which the licence was issued have changed, or
(d) he or his agent fails to comply with an enactment relating to health and safety of his employees.
(2) A farm labour contractor whose licence is cancelled or suspended shall immediately surrender the licence to the director.
Historical Note(s): 1980-10-70.
71. In this Part "employment agency" means a person who for a fee recruits or offers to recruit employees for employers.
Historical Note(s): 1980-10-71.
72. No person shall operate an employment agency unless he is registered under this Part.
Historical Note(s): 1980-10-72.
73. Section 72 does not apply to a person operating an employment agency for the sole purpose of hiring employees exclusively for one employer.
Historical Note(s): 1980-10-73.
74. (1) An application for registration under this Part shall be made to the director in a form he requires and accompanied by the prescribed fee.
(2) A registration under this Part expires on December 31 of the year in which registration occurs.
Historical Note(s): 1980-10-74.
75. (1) Where the director is satisfied that the requirements of this Part have been met, he shall register the person as an employment agency.
(2) The director may refuse to register or he may cancel or suspend the registration of a person who
(a) does not meet the requirements for registration, or
(b) is operating or has operated an employment agency contrary to the best interest of employers or persons seeking employment.
Historical Note(s): 1980-10-75.
76. (1) No person shall request, demand, charge or receive, directly or indirectly, a payment from a person seeking employment
(a) for giving employment to or procuring employment for him, or
(b) for providing information to him respecting employers seeking employees.
(2) A payment wrongfully received by a person under this section shall be deemed to be wages owing, and this Act applies to the recovery of that payment.
Historical Note(s): 1980-10-76.
77. No employment agency shall pay, directly or indirectly, a fee or remuneration to a person, and no person shall accept a fee or remuneration, for procuring or assisting in procuring employment for another person.
Historical Note(s): 1980-10-77.
78. (1) An employment agency shall keep a record of
(a) the name and address of all employers for whom the employment agency provides a service, and
(b) the name, occupation and address of every person who is directed to an employer for the purpose of procuring work or employment or who is provided with information respecting employers seeking employees.
(2) The records required to be kept under subsection (1) shall be kept
(a) in English at the employment agency's place of business in the Province, and
(b) for a period of not less than 3 years.
Historical Note(s): 1980-10-78.
79. The director or his authorized representative may inspect all records kept by an employment agency.
Historical Note(s): 1980-10-79.
Part 11 — Complaints and Appeals
80. (1) A complaint under this Act shall be made to the director or his authorized representative within 6 months after the last date on which payment of wages was to be made to an employee and an employer failed to make it, or, in respect of other matters, within 6 months after the date on which the subject matter of the complaint arose.
(2) Recovery of wages pursuant to a complaint shall be limited to wages that became payable in the 6 months immediately preceding the date of the complaint or, where the employment with the employer complained of has ceased, wages that became payable in the last 6 months of employment with that employer.
(3) Remedies pursuant to a complaint that is made in respect of matters other than wages shall be limited to matters that arose in the 6 months immediately preceding the date of the complaint or, where the employment with the employer complained of has ceased, to matters that arose in the last 6 months of employment with that employer.
(4) The director or his authorized representative may decline to investigate a complaint where the employee or person
(a) is proceeding with another action for the recovery of money for which the complaint has been made, or
(b) has sought and obtained recourse before a court, tribunal, arbitrator or other form of adjudication of the subject matter of the complaint.
Historical Note(s): 1980-10-80; 1983-16-31, effective December 1, 1983 (B.C. Reg. 409/83).
81. Where the complainant requests in writing to the director or his authorized representative that his name and identity be withheld, it shall not be disclosed to any person except where disclosure
(a) is necessary for the purposes of a proceeding under this Act, or
(b) is considered by the director to be in the public interest.
Historical Note(s): 1980-10-81; 1983-16-32, effective December 1, 1983 (B.C. Reg. 409/83).
82. (1) On receiving a complaint within the time permitted under section 80, the director or his authorized representative shall investigate the complaint, but the director or his authorized representative may refuse to investigate a complaint or may cease investigating a complaint where he considers that the complaint is frivolous, vexatious, trivial or has not been initiated in good faith, or where he considers that there is insufficient evidence to substantiate the complaint.
(2) The director or his authorized representative may institute an investigation without receiving a complaint where either of them considers it necessary to determine that the requirements of this Act are being complied with.
(3) The director may on application or on his own motion reconsider a decision, order, authorization or direction made by him or his authorized representative and may vary or revoke the decision, order, authorization or direction.
(4) For the purposes of this Act, the director and his authorized representative have the protection, privileges and power of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Historical Note(s): 1980-10-82; 1983-16-33, effective December 1, 1983 (B.C. Reg. 409/83).
83. (1) Where an officer is unable to
(a) resolve a complaint made under this Act, or
(b) obtain compliance with this Act,
the officer may, in addition to any other proceeding provided in this Act, refer the matter to the director for a review, and section 13 (4) and (5) applies.
(2) Where a matter is referred to the director under subsection (1) and the director is satisfied that wages are owing to an employee or person, the director may issue a certificate setting out the wages owing.
Historical Note(s): 1983-16-34, effective December 1, 1983 (B.C. Reg. 409/83).
84. (1) A person affected by a decision, order, authorization or direction made by an authorized representative of the director may apply to the director for a review of the decision, order, authorization or direction.
(2) An application for review shall be in writing and delivered to the director within 15 days after the date of the decision, order, authorization or direction, or a longer time the director allows.
(3) Where an application is made in accordance with this section, the director shall review the matter.
(4) Nothing in this section applies in respect of an order issued under section 12.
Historical Note(s): 1983-16-35, effective December 1, 1983 (B.C. Reg. 409/83).
85. Where the director considers a decision, order, authorization or direction under section 84, he may refuse to change the decision, order, authorization or direction in whole or in part or may refer the matter complained of back to an officer for further investigation, or where the director is satisfied that wages are owing to an employee or person the director may issue a certificate setting out the wages owing.
Historical Note(s): 1983-16-36, effective December 1, 1983 (B.C. Reg. 409/83).
96. Where a business or part of it or a substantial part of its entire assets is disposed of, the employment of an employee of the business shall, for the purpose of this Act, be deemed to be continuous and uninterrupted by the disposition.
Historical Note(s): 1980-10-96; 1983-16-39, effective December 1, 1983 (B.C. Reg. 409/83).
97. The director or his authorized representative may
(a) inspect and examine an employer's record that relates to the wages, hours of work or conditions of employment affecting an employee,
(b) on giving a receipt for a record examined under paragraph (a), remove it for the purpose of making a copy of or an extract from it,
(c) require an employer or employee to disclose, either orally or in writing, a matter required under this Act and require that the disclosure be on oath, and
(d) require an employer to make full disclosure, production or delivery of all records to a place specified by the director or his authorized representative.
Historical Note(s): 1980-10-97; 1983-16-40, effective December 1, 1983 (B.C. Reg. 409/83).
98. The director or his authorized representative may for a purpose under this Act at all reasonable times enter a ship, vessel, vehicle, aircraft or other means of conveyance or transport, factory, workshop or land or place of any kind where
(a) work is done or has been done or commenced by employees,
(b) an employer carries on business,
(c) a record required under this Act is kept, or
(d) a matter or thing, to which this Act applies, is taking place or has taken place.
Historical Note(s): 1980-10-98; 1983-16-41, effective December 1, 1983 (B.C. Reg. 409/83).
99. (1) Subject to section 18 (4) of the Ombudsman Act but notwithstanding any other Act, information obtained for the purpose of this Act by the minister, the director, or an authorized representative of either of them, is not open to inspection by any person.
(2) Except for a prosecution under this Act, the director or his authorized representative or a public officer of the Ministry of Labour, shall not be required by a court, board, tribunal or person to give evidence or produce records relating to information obtained for the purpose of this Act.
Historical Note(s): 1980-10-99; 1983-16-42, effective December 1, 1983 (B.C. Reg. 409/83).
100. (1) Where service of a notice or demand is required under this Act, the notice or demand shall be conclusively deemed to have been served
(a) if served on the person, or
(b) if sent by registered mail to the last known address of the person.
(2) Where service is by registered mail the notice or demand shall be conclusively deemed to be served on the eighth day after deposit of the notice or demand in the Canada Post Office at any place in Canada.
Historical Note(s): 1980-10-100; 1983-16-43, effective December 1, 1983 (B.C. Reg. 409/83).
101. (1) Where the Lieutenant Governor in Council is satisfied that reciprocal provisions will be made by a province for the enforcement of certificates issued under this Act, he may declare the province to be a reciprocating province and may designate the designated statutory authority of that province for the purpose of this section.
(2) Where an order, judgment or certificate for the payment of wages has been obtained by a designated statutory authority, the authority may apply to the director to enforce the order, judgment or certificate for the payment of wages.
(3) On receiving a copy of the order, judgment or certificate for the payment of wages
(a) certified by the court in which the order, judgment or certificate is registered, or
(b) where there is no provision in the reciprocating province for registration in a court of the order, judgment or certificate, certified to be a true copy by the designated statutory authority,
and on being satisfied that the wages are still owing, the director shall issue a certificate and file it with a court, and, on being filed, the certificate is enforceable by the director in the same manner and with the same priorities as are provided in this Act for wages owing.
Historical Note(s): 1980-10-101; 1983-16-44, effective December 1, 1983 (B.C. Reg. 409/83).
102. A technical irregularity does not invalidate a proceeding under this Act.
Historical Note(s): 1980-10-102.
103. (1) A person who
(a) contravenes section 4, 5, 7, 23, 25 (1), 29, 36, 40, 42, 44, 45, 50, 54, 55, 57, 58, 61, 69 or 72,
(b) does not comply with an order under section 56 or 59,
(c) in payment of wages, issues a cheque, bill of exchange or order to pay, the payment of which is not made by the savings institution on which it is drawn when presented for payment, whether in person or through another savings institution,
(d) in an application or under a requirement of this Act to make a statement or provide information, knowingly makes a false or misleading statement or knowingly gives false or misleading information, or
(e) contravenes a determination of the director under section 105 (3) (a),
commits an offence.
(2) A person who contravenes section 67 commits an offence and is liable to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.
(3) A person who contravenes section 6, 9, 10, 11, 30, 32, 33, 34, 35, 37, 64, 65, 70 (2), 76, 77, 78, 81 or 95 commits an offence and is liable to a fine of not more than $2 000.
(4) An employer who contravenes section 27 commits an offence and is liable to a fine not exceeding $50 in respect of each employee affected by the contravention.
(5) A person who refuses or neglects to furnish statements or information or to keep or produce records required under this Act or who intentionally obstructs a person acting under this Act or the regulations commits an offence.
(6) Where a corporation commits an offence under this Act, whether or not the corporation is prosecuted for the offence, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence commits an offence.
Historical Note(s): 1980-10-103; 1983-16-45, effective December 1, 1983 (B.C. Reg. 409/83).
104. (1) The production of a cheque, bill of exchange or order to pay on which is marked "Pursuant to clearing rules, this item must not be cleared again unless certified", or other words importing that payment was not made by a savings institution, is evidence that payment was not made.
(2) In a prosecution under section 50, the burden is on the defendant to prove that the person employed is not a child.
(3) A copy of a document issued under this Act by the minister, the director or the authorized representative of the director, and certified by the director as being a true copy, is, without proof of the appointment or the signature of the director, evidence
(a) of the document, and
(b) that the person issuing the document was authorized to do so.
Historical Note(s): 1980-10-104; 1983-16-46, effective December 1, 1983 (B.C. Reg. 409/83).
105. (1) The Lieutenant Governor in Council may make regulations.
(2) Without limiting the generality of subsection (1) the Lieutenant Governor in Council may make regulations
(a) establishing minimum wages and conditions of employment for employees or classes of employees,
(b) exempting a person or class of persons from all or part of this Act or the regulations,
(c) requiring employers to give their employees a general holiday with pay, and a regulation under this paragraph may provide for one or more of the following:
(i) the conditions under which an employee is to be granted a general holiday with pay;
(ii) the substitution of another day for a general holiday;
(iii) exceptions, in whole or in part, to the application of the regulation;
(iv) the pay to which an employee is entitled where the employee works or does not work on a general holiday;
(v) the manner in which the pay for a general holiday is to be determined;
(vi) any other condition necessary or incidental to the carrying out of a regulation under this paragraph, and
(d) declaring that all or part of this Act applies to homeworkers to establish conditions of employment for them and, for the purposes of this paragraph, "homeworker" means a person who
(i) provides labour in the performance of work in his own home, and
(ii) is a dependent contractor as defined in the Industrial Relations Act.
(3) The director may, by order,
(a) determine the maximum amount that an employer may charge for room and board furnished to an employee or class of employees,
(b) approve an agreement or arrangement between an employer and his employees or their representative providing for a variation of minimum wages or conditions of employment established by regulations under subsection (2) (a) and (c),
(c) authorize an employer or class of employers to pay to a handicapped employee an amount set by the director that is less than the minimum wage where the director considers that a lesser wage will ameliorate the handicapped employee's condition or benefit the employee, and
(d) authorize an employer or class of employers to pay to employees annual vacation or general holiday pay in a specified manner.
(4) [Repealed 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83).]
Historical Note(s): 1980-10-105; 1983-10-21, 22, effective October 26, 1983 (B.C. Reg. 393/83); 1985-51-16, effective July 19, 1985 (B.C. Reg. 232/85); 1985-68-26, effective April 17, 1985 (B.C. Reg. 392/85); 1987-24-71, effective July 27, 1987 (B.C. Reg. 246/87).
[Editorial Note(s): Act proclaimed in force March 14, 1981, B.C. Reg. 35/81, Part II Gazette Vol. 24, p. 85.]
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