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B.C. Reg. 215/2021, deposited July 21, 2021, under the EMPLOYMENT STANDARDS AMENDMENT ACT, 2019 [section 44] and the EMPLOYMENT STANDARDS ACT [sections 9 (1) and 127]. Order in Council 489/2021, approved and ordered July 21, 2021.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that,
(a) effective August 15, 2021, sections 1 (a), 22 to 28, 33, 35 (e) and (f) and 42 of the Employment Standards Amendment Act, 2019, S.B.C. 2019, c. 27, are brought into force,
(b) effective October 15, 2021, sections 1 (b), 6, 10, 34 (a) and (b), 35 (d) and 38 of the Employment Standards Amendment Act, 2019, S.B.C. 2019, c. 27, are brought into force, and
(c) effective October 15, 2021, the Employment Standards Regulation, B.C. Reg. 396/95, is amended as set out in the attached Schedule.
— H. BAINS, Minister of Labour; A. DIX, Presiding Member of the Executive Council.
1 The Employment Standards Regulation, B.C. Reg. 396/95, is amended in section 1 (1) in the definition of "residential care worker" and in sections 4 (d), 13 (1) (c) and 14 by striking out "domestic" wherever it appears and substituting "domestic worker".
2 Section 1 (1) is amended by repealing the definition of "sitter" and substituting the following:
"home care worker" means a person who is employed in a private residence solely to provide care for an adult, but does not include any of the following:
(a) a nurse;
(b) a therapist;
(c) a live-in home support worker;
(d) an employee of a business that provides home care services;
"sitter" means a domestic worker, or other person, who is employed in a private residence solely to provide child care, but does not include any of the following:
(a) a nurse;
(b) a therapist;
(c) a live-in home support worker;
(d) an employee of a day care facility or other business engaged in providing child care;
(e) a person who resides at the employer's private residence;
3 Section 13 is amended
(a) in subsection (1) by striking out "of a domestic" and substituting "of a domestic worker who resides at the employer's private residence", and
(b) by repealing subsections (2) and (3) and substituting the following:
(2) The employer must provide the information required under subsection (1) in writing to the director within 30 days after the date the employee was hired.
(3) An employer must provide the director with written notice of a change to the information provided under subsection (1) within 6 months of becoming aware of the change.
4 Section 32 (1) is amended
(a) by repealing paragraph (c) and substituting the following:
(c) a sitter who works for an employer for an average of 15 hours or less per week in any 4-week period; , and
(b) by adding the following paragraph:
(c.1) a home care worker who works for an employer for an average of 15 hours or less per week in any 4-week period;
5 The following sections are added:
Exclusion from hiring children requirements
37.17 Section 9 [hiring children – under 16 years of age] of the Act does not apply in respect of a sitter.
Exclusion from written contract requirements for domestic workers
37.18 Section 14 [written employment contract required for domestic workers] of the Act does not apply to a domestic worker who does not reside at the employer's private residence.
6 The following Division is added to Part 7.1:
Division 0.1 – Children (Less Than 15 Years Old)
Parent or guardian consent required
45.04 A person must not employ a child who is under 15 years of age unless the person has obtained the written consent of the child's parent or guardian.
7 The heading to Division 1 of Part 7.1 is repealed and the following substituted:
Division 1 – Children (12 to 14 Years Old) .
8 Section 45.4 is amended by
(a) renumbering the section as section 45.4 (1), and
(b) adding the following subsection:
(2) Subsection (1) does not apply in respect of a child employed as a sitter or as a home care worker.
9 The following Division is added to Part 7.1:
Division 4 – Light Work
45.21 Section 9 (2) (a) and (b) (ii) [hiring children – under 16 years of age] of the Act does not apply in respect of a child 12 to less than 16 years of age if
(a) the employer does not require or allow the child to perform work listed in section 45.24 [work and occupations that are not "light work"] of this regulation, and
(b) any of the following circumstances apply:
(i) a member of the child's immediate family is a controlling shareholder, sole proprietor or partner of the business or farm that employs the child;
(ii) the child is employed, in relation to a sports or recreational activity for children less than 16 years of age, as a camp assistant, assistant coach, referee or umpire.
45.22 Subject to section 45.24 [work and occupations that are not "light work"], for the purposes of the definition of "light work" in section 9 (1) of the Act, the following work is prescribed:
(a) administrative and secretarial work;
(b) the following work at premises selling, or providing, goods or services to customers:
(i) assembling, sorting and packaging orders;
(ii) bagging and carrying customers' orders;
(iii) laying out displays;
(iv) price marking, labelling and tagging goods;
(v) stocking shelves;
(vi) unpacking, counting, recording, packing and weighing goods;
(c) the following work at premises preparing, selling or serving food or beverages:
(i) preparing food;
(ii) busing tables;
(iv) hosting duties;
(v) setting up and taking down tables, chairs, trays, dishes, beverage dispensers and other dining room or buffet equipment, furniture and supplies;
(d) setting up, taking down, retrieving and storing sports and recreation equipment;
(e) child care;
(f) cleaning and tidying;
(g) laundry and ironing;
(h) the following yard and maintenance work:
(i) clearing leaves;
(ii) clearing snow;
(iii) cutting grass;
(i) painting, other than spray painting;
(j) repairing items;
(l) gathering and hand harvesting;
(m) work related to the care of domesticated animals;
(n) packing, moving and unpacking household goods;
(o) delivering goods;
(p) troubleshooting user issues with technology.
45.23 Subject to section 45.24, for the purposes of the definition of "light work" in section 9 (1) of the Act, the following occupations are prescribed:
(b) computer programmer;
(c) golf caddy;
(d) lifeguard or assistant lifeguard;
(e) messenger or courier;
(f) peer counsellor;
(g) performing artist;
(h) recreation or community program attendant;
(i) referee or umpire;
(j) salesperson, other than a door-to-door salesperson;
(k) server of food or drink or both;
(l) sports or recreational coach or assistant coach;
(m) sports or recreational instructor;
(n) summer or day camp leader, counsellor, assistant or attendant;
(o) tutor or instructor;
(p) visual artist or graphic designer;
(q) writer, editor or similar occupation in communication.
Work and occupations that are not "light work"
45.24 Work or an occupation that involves the following is not light work:
(a) repairing, maintaining or operating machinery, tools or other equipment that could harm the health or development of a child who is 14 or 15 years of age;
(b) entering or working at a place in which a minor is not legally permitted to enter or work;
(c) entering or working at a site of construction, heavy manufacturing, heavy industrial work or other work that could harm the health or development of a child who is 14 or 15 years of age;
(d) entering or working in a unit or space designed to retain an oxygen-deficient or toxic atmosphere;
(e) entering a walk-in freezer or cooler other than to place or retrieve an item;
(f) handling, preparing, selling, serving or otherwise being in contact with, or being exposed to, a good or service that a minor cannot legally distribute, purchase, use or consume;
(g) lifting, carrying or moving an item or animal, if doing so puts the child at risk of a musculoskeletal injury;
(h) using, handling, applying or being exposed to a hazardous substance, as defined in section 13 of the Workers Compensation Act.
10 The following section is added:
Transition – employment of children
52 Section 9 [hiring children – under 16 years of age] of the Act does not apply in respect of a child if all of the following circumstances apply:
(a) the child was hired before October 15, 2021;
(b) the child's position and duties have not changed since October 15, 2021;
(c) on January 15, 2022, the child will be
(i) 16 years of age, or
(ii) 14 years of age, and the child's position and duties involve only the performance of light work.
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