Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 14 - GENERAL PROVISIONS

ESA Section 120 – Warrant to carry out inspection powers


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains when a search warrant may be issued to enter a private residence, who may issue it and who may carry it out.


Text of Legislation

120. If satisfied by evidence given under oath or affirmation that there is reason to believe there are in a private residence records or other things that are relevant for the purposes of an investigation or appeal under this Act, a justice may issue a warrant authorizing the person named in the warrant to enter the private residence in accordance with the warrant in order to exercise the powers referred to in section 85 (1) (b) to (d) or 109 (1) (e) or (f).


Policy Interpretation

The director may enter a private residence in order to further an investigation. Under ss.85 (1) (b) to (d) the director may:

  • inspect and question anyone about any work, material, appliance, machinery, equipment, or other thing in the place;
  • inspect any record that may be relevant to an investigation under this Part;
  • remove a record to make copies or extracts, upon giving a receipt.

An application must be made to a justice of the peace, which includes a judge of the Provincial Court of British Columbia. Included in the evidence must be an oath or affirmation that there is reason to believe that there are records or other things relevant to an investigation in a private residence.

In s.29 of the Interpretation Act, an "affidavit" or "oath" includes an affirmation, a statutory declaration, or a solemn declaration made under the Evidence Act, or under the Canada Evidence Act. If the judge or justice of the peace is satisfied with the evidence provided under oath or affirmation, he or she may issue a warrant.

Under s.109(1)(e) or s.109(1)(f), the Employment Standards Tribunal also has the power to:

  • inspect any records that may be relevant to an appeal or a reconsideration;
  • remove a record to make copies or extracts, where a receipt is the for the record to be examined.

Related Information

Related sections of the Act or Regulation

ESA

ESA

Other

Interpretation Act, [RSBC 1996] Chapter 238

Evidence Act, [RSBC 1996] Chapter 124

Canada Evidence Act

Employment Standards Factsheets

Factsheet

Keeping Records