Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 11 - ENFORCEMENT
ESA Section 94 – Wrongful removal of seized assets
This section explains the circumstances under which seizure of assets is considered wrongful and the penalties which apply to a person convicted of wrongful seizure.
94. (1) A person must not remove, damage or dispose of assets seized under section 92 except in accordance with this Act, a writ of seizure and sale or a court order.
(2) In addition to any other penalty, a person who contravenes subsection (1) is liable for the amount owed by the person required to pay under the determination, settlement agreement or order of the tribunal.
(3) This Act applies to the recovery of an amount a person is liable for under subsection (2).
Only the director, a person acting under a court order or with a writ of seizure and sale may remove or dispose of assets seized under s.92 of the Act.
Any person who removes the assets under seizure pursuant to s.92 becomes liable for the wages as set out in the determination, settlement agreement or order of the tribunal.
The enforcement mechanisms under the Act apply to the recovery of the amount the person becomes liable for as set out in the determination, settlement agreement or order of the tribunal.
Related sections of the Act or Regulation
Enforcement Measures and Penalties