Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 11 - ENFORCEMENT

ESA Section 92 – Seizure of assets


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

person required to pay a determination, settlement agreement or tribunal order and what costs those assets are meant to cover. 


Text of Legislation

92. (1) The director may seize as much of the assets owned or possessed by a person who is required to pay under a determination, a settlement agreement or an order of the tribunal, or used in or incidental to that person's business, as is necessary to satisfy

(a) the amount stated in the determination, settlement agreement or order, and

(b) the costs of seizure.

(2) The director must safely keep the assets under seizure until the earlier of the following, as applicable:

(a) the determination, settlement agreement or order of the tribunal is filed in court under section 91 and a writ of seizure and sale has been executed;

(b) in the case of a determination or an order of the tribunal, the determination or order is cancelled under section 86, 115, 116 or 119 (9).


Policy Interpretation

Subsection (1)

This section is used to prevent other creditors from taking the assets. Seizure of assets under this section of the Act remains in effect until the requirements of subsection (2) are met.

The director has the authority to seize the assets owned or possessed by a person named in a determination of the director, a settlement agreement or an order of the tribunal to recover outstanding wages and the costs of the seizure. The director may seize an employer’s assets, which include assets that are used in or from part of that person’s business. A seizure may be made any time after a determination, settlement agreement or tribunal order is issued. The determination, settlement agreement or tribunal order need not be filed in court for a seizure to take place subject to the requirements of subsection (2) below.

Subsection (2)

The director is required to safely hold the assets until the earlier of the following:

  • the determination of the director, settlement agreement or order of the tribunal is filed in the Supreme Court and a Writ of Seizure and Sale is issued by the director and filed in the Supreme Court; or
  • the determination or order is cancelled under one of the following sections:

    Section 86. Power to reconsider
    Section 115. Tribunal’s orders
    Section 116. Reconsideration of orders and decisions
    Section 119(9). Extraprovincial certificates

The director has no authority to sell the assets prior to the expiry of all appeal periods.


Related Information

Related sections of the Act or Regulation

ESA

Factsheet

Enforcement Measures and Penalties