Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 14 - GENERAL PROVISIONS

ESA Section 119 – Extraprovincial certificates


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section outlines the statutory rights employees have for enforcement of payment of wages where there are reciprocal rights between British Columbia and another jurisdiction.


Text of Legislation

119 (1) If satisfied that reciprocal provisions will be made by another jurisdiction in or outside of Canada for enforcing determinations of the director, the Lieutenant Governor in Council may

(a) declare that jurisdiction to be a reciprocating jurisdiction, and

(b) designate the designated statutory authority of that jurisdiction for the purpose of this section.

(2) If a designated statutory authority obtains an order, judgment or payment-of-wages certificate, the authority may apply to the director to enforce that order, judgment or certificate.

(3) The application must include a copy of the order, judgment or payment-of-wages certificate certified

(a) by the court in which the order, judgment or certificate is registered, or

(b) by the designated statutory authority as a true copy, if there is no provision in the reciprocating jurisdiction for registering the order, judgment or certificate in a court.

(4) If satisfied on receiving the application that the wages set out in the order, judgment or certificate are still owing, the director may make a determination requiring payment of those wages and may file the determination in a Supreme Court registry.

(5) A determination filed under subsection (4) is enforceable by the director in the same manner and with the same priorities as are provided in this Act for wages owing.

(6) Any person served under section 81 with a determination made under this section, may appeal the determination to the Supreme Court within

(a) 15 days after the date of service, if the person was served by registered mail, or

(b) 8 days after the date of service, if the person was personally served or served under section 122 (3).

(7) The Supreme Court Civil Rules apply to an appeal under subsection (6) to the extent they are consistent with this section.

(8) The Supreme Court has the same power that the tribunal has under section 113 to suspend the determination on application.

(9) After hearing the appeal, the Supreme Court may confirm, vary or cancel the determination under appeal or refer the matter back to the director.


Policy Interpretation

When there are reciprocal provisions, an employee who files a complaint in another jurisdiction may have an order from that jurisdiction enforced in British Columbia. Similarly, an employee who files a complaint in British Columbia may have a determination enforced in another jurisdiction.

Reciprocating Jurisdictions

Currently, reciprocating jurisdictions under the Employment Standards Act include:

Alberta
Saskatchewan
Manitoba
Ontario
Quebec
Nova Scotia
New Brunswick
Prince Edward Island
Newfoundland and Labrador
Yukon
Northwest Territories
Nunavut

Determinations and Appeals

A reciprocating jurisdiction may enforce an order in B.C. by making an application to the director, who must be satisfied that the wages set out in the order are still owing. In practice, all that is required is the reciprocating jurisdiction's confirmation that the wages are still owed. The director then issues a determination for the amount of wages owing and enforces it.

A determination issued under this section will not include interest or a penalty pursuant to the Employment Standards Act

This determination can be appealed, but only to the Supreme Court and not to the Employment Standards Tribunal. The employer cannot appeal the substantive issues of the determination, because the employer had an opportunity to do so in the reciprocating jurisdiction. Appeals made under this section should be limited to whether a determination regarding the extraprovincial certificate should have been issued. Rule 18-3 and Form 73 or 74 of the Supreme Court Civil Rules apply to an appeal under this section.

Court Order Enforcement Act

A determination filed in the B.C. Supreme Court under s.91of this Act can be enforced in limited circumstances in another jurisdiction under Part 2 of the Court Order Enforcement Act. In addition to the Canadian provinces and territories which have reciprocal agreements under the Employment Standards Act, B.C. has reciprocating agreements with the following jurisdictions under the Court Order Enforcement Act:

Alaska
California
Colorado
Idaho
Oregon
Washington

There are also reciprocating jurisdictions in Europe and the South Pacific.


Related Information

Related sections of the Act or Regulation

ESA

Other references

Court Order Enforcement Act, [RSBC 1996] Chapter 78

Supreme Court Civil Rules