Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 11 - ENFORCEMENT

ESA Section 100 – Security to ensure compliance


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the security measures that can be put in place, by the director, against persons having previously contravened the act, to ensure their compliance.


Text of Legislation

100. (1) To ensure compliance with this Act or the regulations, the director may require an employer who has at any time contravened a requirement relating to the payment of wages under this Act or the former Act

(a) to provide an irrevocable letter of credit or other security satisfactory to the director, or

(b) to post a bond under the Bonding Act.

(2) Subsection (1) applies whether or not

(a) a penalty has been imposed on the employer under this Act, or

(b) the employer has been convicted of an offence under this Act or the former Act.


Policy Interpretation

The director can require an employer found in contravention of the Act to provide security to ensure future compliance.

After an investigation, the director may determine that an employer must provide an irrevocable letter of credit or post a bond under the Bonding Act. The director may accept other types of security, and may set the amount.

For information relating to talent agencies, refer to Employment Standards Regulation, s.38 and 38.1.

For information relating to farm labour contractors, refer to Employment Standards Regulation, s.5 and s.5.1.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

Talent Agencies in British Columbia

Employment of Young People in Entertainment

See Employment Standards Factsheets

Bonding Act, [RSBC 1996] Chapter 30

Factsheets

Farm Workers

Farm Labour Contractors