Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 14 - GENERAL PROVISIONS

ESA Section 125 – Offences


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains how offences are determined to have been committed.


Text of Legislation

125. (1) A person who contravenes a requirement of Parts 2 to 8 commits an offence.

(2) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence commits an offence.

(3) Subsection (2) applies whether or not the corporation is prosecuted for the offence.

(4) Section 5 of the Offence Act does not apply to this Act or the regulations.


Policy Interpretation

Contraventions of certain parts of the Act are offences, which are prosecuted under the Offence Act. Specifically the Parts of the Act are:

  • Part 2 – Hiring Employees
  • Part 3 – Wages, Special clothing and records
  • Part 4 – Hours of Work and Overtime
  • Part 5 – Statutory Holidays
  • Part 6 – Leaves and Jury Duty
  • Part 7 – Annual Vacation
  • Part 8 – Termination of Employment

The penalty for a person convicted of an offence is a fine of not more than $2,000 or imprisonment for not more than 6 months, or both. Proceedings commence by laying information in the form prescribed in the Offence Act. This section also applies to employees, officers, directors, and agents who can be charged with an offence if they have authorized, permitted, or acquiesced in the commission of the offence.

Section 5 of the Offence Act states that any non-compliance with any Act is an offence. As the Employment Standards Act specifically establishes offences under s.125, Section 5 of the Offence Act does not apply.


Related Information

Related sections of the Act or Regulation

ESA

  • Part 2 – Hiring Employees
  • Part 3 – Wages, Special clothing and records
  • Part 4 – Hours of Work and Overtime
  • Part 5 – Statutory Holidays
  • Part 6 – Leaves and Jury Duty
  • Part 7 – Annual Vacation
  • s.124, Limitation period

Other

Offence Act, [RSBC 1996] Chapter 338