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This is part of an archived regulation consolidation that is current to September 8, 2015 and includes changes enacted and in force by that date.

"Point in Time" Regulation Content

Employment Standards Act

EMPLOYMENT STANDARDS REGULATION

B.C. Reg. 396/95

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to September 8, 2015)
SECTIONEFFECTIVE DATE
Section 1 December 22, 2014
Section 15 May 1, 2011
November 1, 2011
May 1, 2012
Section 16 May 1, 2011
November 1, 2011
May 1, 2012
Section 17 May 1, 2011
November 1, 2011
May 1, 2012
Section 18 May 1, 2011
Section 18.1 May 1, 2011
November 1, 2011
May 1, 2012
Section 31 February 1, 2011
February 4, 2014
Section 32 September 30, 2002
Section 34 December 22, 2014
Section 37.31 December 22, 2014
Section 37.7 June 30, 2014
Section 37.9 February 11, 2013
Section 37.14 February 11, 2013
Section 45.1 July 1, 2012
Part 7.1 Division 2 July 1, 2012
Section 45.5 July 1, 2012
Section 45.7 July 1, 2012
Section 45.8 July 1, 2012
Section 45.9 July 1, 2012
Section 45.10 July 1, 2012
Section 45.11 July 1, 2012
Section 45.12 July 1, 2012
Section 45.13 July 1, 2012
Section 45.14 July 1, 2012
Division 3 Section 45.15 to 45.20 July 1, 2012
Section 51 June 4, 2010

 Section 1(1) definition of "wilderness guide" was added by BC Reg 250/2014 effective December 22, 2014.

 Section 15 BEFORE amended by BC Reg 67/2011 effective May 1, 2011.

 Minimum hourly wage

15  (1)  Subject to sections 16 to 18, the minimum wage is $8.00 an hour.

(2)  Despite subsection (1), the minimum wage is $6.00 an hour for an employee who

(a) has no paid employment experience before November 15, 2001, and

(b) has 500 or fewer hours of cumulative paid employment experience with one or more employers.

[en. B.C. Reg. 307/2000, s. 2; am. B.C. Reg. 261/2001.]

 Section 15 BEFORE amended by BC Reg 67/2011 effective November 1, 2011.

 Minimum hourly wage

15  Subject to sections 16 to 18.1, the minimum wage is $8.75 an hour.

[en. B.C. Reg. 67/2011, App. 1, s. 1.]

 Section 15 BEFORE amended by BC Reg 67/2011 effective May 1, 2012.

 Minimum hourly wage

15  Subject to sections 16 to 18.1, the minimum wage is $9.50 an hour.

[en. B.C. Reg. 67/2011, App. 1, s. 1; am. B.C. Reg. 67/2011, App. 2, s. 1.]

 Section 16 BEFORE amended by BC Reg 67/2011 effective May 1, 2011.

 Minimum daily wage

16  (1)  The minimum daily wage for a live-in home support worker is $80.00 for each day or part day worked.

(2)  The minimum daily wage for a live-in camp leader is $64.00 for each day or part day worked.

[en. B.C. Reg. 307/2000, s. 2.]

 Section 16 BEFORE amended by BC Reg 396/95 effective November 1, 2011.

 Minimum daily wage

16  (1)  The minimum daily wage for a live-in home support worker is $87.50 for each day or part day worked.

(2)  The minimum daily wage for a live-in camp leader is $70.00 for each day or part day worked.

[en. B.C. Reg. 307/2000, s. 2; am. B.C. Reg. 67/2011, App. 1, s. 2.]

 Section 16 BEFORE amended by BC Reg 67/2011 effective May 1, 2012.

 Minimum daily wage

16  (1)  The minimum daily wage for a live-in home support worker is $95.00 for each day or part day worked.

(2)  The minimum daily wage for a live-in camp leader is $76.00 for each day or part day worked.

[en. B.C. Reg. 307/2000, s. 2; am. B.C. Regs. 67/2011, App. 1, s. 2; 67/2011, App. 2, s. 2.]

 Section 17 BEFORE amended by BC Reg 67/2011 effective May 1, 2011.

 Minimum wage — resident caretakers

17  The minimum wage for a resident caretaker is,

(a) for an apartment building containing 9 to 60 residential suites, $480.00 a month plus $19.25 for each suite, and

(b) for an apartment building containing 61 or more residential suites, $1 635.00.

[en. B.C. Reg. 307/2000, s. 2.]

 Section 17 BEFORE amended by BC Reg 67/2011 effective November 1, 2011.

 Minimum wage — resident caretakers

17  The minimum wage for a resident caretaker is,

(a) for an apartment building containing 9 to 60 residential suites, $525.00 a month plus $21.05 for each suite, and

(b) for an apartment building containing 61 or more residential suites, $1 788.28.

[en. B.C. Reg. 307/2000, s. 2; am. B.C. Reg. 67/2011, App. 1, s. 3.]

 Section 17 BEFORE amended by BC Reg 67/2011 effective May 1, 2012.

 Minimum wage — resident caretakers

17  The minimum wage for a resident caretaker is,

(a) for an apartment building containing 9 to 60 residential suites, $570.00 a month plus $22.85 for each suite, and

(b) for an apartment building containing 61 or more residential suites, $1 941.56.

[en. B.C. Reg. 307/2000, s. 2; am. B.C. Regs. 67/2011, App. 1, s. 3; 67/2011, App. 2, s. 3.]

 Section 18 BEFORE amended by BC Reg 67/2011 effective May 1, 2011.

 Minimum wage — farm workers

18  (1)  The minimum wage, including 4% of gross earnings vacation pay, for farm workers who are employed on a piece work basis and hand harvest the following berry, fruit or vegetable crops, is, for the gross volume or weight picked, as follows:

(a) apples $15.60 a bin (27.1 cu. ft.);
(b) apricots $17.94 a 1/2 bin (13.7 cu. ft.);
(c) beans $0.214 a pound;
(d) blueberries $0.362 a pound;
(e) Brussels sprouts $0.149 a pound;
(f) cherries $0.205 a pound;
(g) grapes $16.58 a 1/2 bin (13.7 cu. ft.);
(h) mushrooms  $0.215 a pound;
(i) peaches $16.58 a 1/2 bin (12.6 cu. ft.);
(j) pears $17.56 a bin (27.1 cu. ft.);
(k) peas $0.267 a pound;
(l) prune plums $17.56 a 1/2 bin (13.7 cu. ft.);
(m) raspberries $0.326 a pound;
(n) strawberries $0.314 a pound.

(1.1)  The minimum wage for farm workers who are employed on a piece work basis and hand harvest the following crop is, for gross number picked, as follows:

(a) daffodils $0.125 a bunch (10 stems).

(2)  Each employer of farm workers must display, in a location where they can be read by all employees, notices stating the following:

(a) the volume of each picking container being used;

(b) the volume or weight of fruit, vegetables or berries required to fill each picking container;

(c) the resulting piece rate.

(3)  Farm workers described in subsection (1), and their employers, are exempted from section 58 of the Act on condition that the farm workers receive not less than the minimum wage described in subsection (1).

(4)  A farm labour contractor must keep records of the following information:

(a) the name of each worker;

(b) the work site location and dates worked by each worker;

(c) the fruit, vegetable, berry or flower crop picked in each day by each worker;

(d) the volume or weight picked in each day by each worker.

(5)  The records required by subsection (4) must

(a) be in English,

(b) be kept at the employer's principal place of business in British Columbia, and

(c) be retained by the employer for 2 years after the employment terminates.

[en. B.C. Reg. 307/2000, s. 2; am. B.C. Regs. 348/2000; 307/2002, s. 4; 196/2003, s. 1.]

 Section 18.1 was added by BC Reg 67/2011 effective May 1, 2011.

 Section 18.1 BEFORE amended by BC Reg 67/2011 effective November 1, 2011.

 Minimum wage – liquor servers

18.1  (1)  In this section, "liquor server" means an employee

(a) whose primary duties are as a server of food or drink or both, and

(b) who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence to sell liquor has been issued under the Liquor Control and Licensing Act.

(2)  The minimum wage for a liquor server is $8.50 an hour.

[en. B.C. Reg. 67/2011, App. 1, s. 6.]

 Section 18.1(2) BEFORE amended by BC Reg 67/2011 effective May 1, 2012.

(2)  The minimum wage for a liquor server is $8.75 an hour.

 Section 31(l) BEFORE amended by BC Reg 169/2010 effective February 1, 2011.

(l) a person authorized to practise podiatry under the Podiatrists Act,

 Section 31 (e) BEFORE amended by BC Reg 7/2014 effective February 4, 2014.

(e) a registrant of the College of Dental Surgeons of British Columbia continued under the Health Professions Act,

 Section 32(3) footnotes were added editorially effective September 30, 2002.

 Section 34(a.1) was added by BC Reg 250/2014effective December 22, 2014.

 Section 37.31 was enacted by BC Reg 248/2014 effective December 22, 2014.

 Section 37.7(6) BEFORE amended by BC Reg 137/2014 effective June 30, 2014.

(6) An employer of a logger working in Fort St. John and Fort Nelson Forest Districts under the Prince George Forest Region as established in the Forest Regions Regulation, B.C. Reg. 19/2000, must pay

(a) if the logger works a maximum of 100 consecutive working days within the period November 1 to March 31, inclusive, 1 1/2 times the employee's regular wage for the time worked over 8 hours in a day, and

(b) in any other case, as set out in subsection (2).

 Section 37.9(8)(a) and (b) BEFORE amended by BC Reg 21/2013 effective February 11, 2013.

(a) 3.6% of gross earnings for the pay period on each pay cheque, or

(b) if the silviculture worker is being paid on a piece rate basis, a sum calculated by multiplying the applicable piece rate by 1.036.

 Section 37.14(4)(a) BEFORE amended by BC Reg 21/2013 effective February 11, 2013.

(a) automobiles or trucks, on condition that the employer pays that salesperson, in place of statutory holiday pay, 3.6% of gross earnings for the pay period on each pay cheque, or

 Section 45.1 BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

 Application

45.1  This Division establishes conditions of employment for children 12 to less than 15 years of age but does not apply in respect of the employment of those children to whom Division 2 applies.

[en. B.C. Reg. 431/2003.]

 Part 7.1, division 2 heading BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

Division 2 - Children in Entertainment Industry

 Section 45.5(1) definition of "entertainment industry" and (2) BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

"entertainment industry" means

(a) the film, radio, video or television industry, or

(b) the television and radio commercials industry;

(2)  This Division applies in respect of the employment in the entertainment industry of children under 15 years of age as actors, including background performers and extras, and establishes conditions of employment for those children.

 Section 45.7 BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

 Minimum age

45.7  A person must not employ a child in the entertainment industry if the child is less than 15 days old.

[en. B.C. Reg. 431/2003.]

 Section 45.8(2)(part), (3)(part) and (4)(part) BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

(2)  The employer of a child in the entertainment industry must ensure that, on any day that the employer requires the child to report for work at any location designated by the employer, the child's shift ends no later than

(3)  The employer of a child in the entertainment industry must not require the child to report for work earlier than 5:00 a.m. on any day unless the employer receives prior written approval from the director.

(4)  The employer of a child in the entertainment industry must ensure that the child's shift ends no later than the following times unless the employer receives prior written approval from the director:

 Section 45.9 BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

 No split shifts and maximum limit on breaks

45.9  The employer of a child in the entertainment industry

(a) must not require or allow the child to work a split shift, and

(b) must ensure that the child's meal breaks are not longer than 1 hour each.

[en. B.C. Reg. 431/2003.]

 Section 45.10(part) BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

45.10  If a child employed in the entertainment industry is of an age specified in Column 1 of the following table, the employer must ensure that the child

 Section 45.11(1)(part) and (2)(part) BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

(1)  The employer of a child in the entertainment industry must either

(2)  The employer of a child in the entertainment industry must ensure that the child has at least 12 consecutive hours free from work

 Section 45.12(part) BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

45.12  The employer of a child in the entertainment industry must not require or allow the child to work more than

 Section 45.13(2)(part) BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

(2)  The employer of a child in the entertainment industry must ensure that

 Section 45.14 BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

 Income protection

45.14  If a child employed in the entertainment industry earns more than $2 000 on a production, the employer must remit 25% of any earnings over $2 000 to the Public Guardian and Trustee to hold in trust for the child.

[en. B.C. Reg. 431/2003.]

 Division 3, sections 45.15 to 45.20 were enacted by BC Reg 146/2012 effective July 1, 2012.

 Section 51 was added by BC Reg 131/2010 effective June 4, 2010.