Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 14 - GENERAL PROVISIONS

ESA Section 127 – Power to make regulations 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the Lieutenant Governor’s power to make regulations and what topics the regulations may cover.


Text of Legislation

127. (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) excluding, on any conditions, for any periods, and in any circumstances that are considered advisable, a class of persons from all or part of this Act or the regulations;

(a.1) providing that, in respect of an employee covered by a collective agreement,

(i) all or part of a regulation under this Act does not apply, or

(ii) Parts 10, 11 and 13 of this Act do not apply in relation to the enforcement of all or part of a regulation under this Act and that if a dispute arises respecting the application, interpretation or operation of all or part of that regulation, the grievance procedure contained in the collective agreement or, if applicable, deemed to be contained in the collective agreement under section 84 (3) of the Labour Relations Code, applies for the purposes of resolving the dispute;

(b) establishing conditions of employment for employees or classes of employees, whether or not they have been excluded from a part of this Act;

(b.1) establishing conditions of employment for children under 15 years of age that the Lieutenant Governor in Council considers necessary or advisable to protect their health, safety, physical or emotional well-being, education or financial interests;

(c) respecting the licensing of employment agencies, talent agencies and farm labour contractors, including the following:

(i) establishing terms and conditions of licences, or terms and conditions that must be met for obtaining, continuing to hold or renewing a licence;

(ii) providing for the refusal, suspension, cancellation, renewal or reinstatement of licences, including the circumstances under which a licence may be refused, suspended, cancelled, renewed or reinstated;

(iii) providing for appeals of decisions made with respect to the refusal, suspension, cancellation, renewal or reinstatement of licences;

(d) prescribing the duties of employment agencies, talent agencies and farm labour contractors;

(e) prescribing a form of employment contract that must be used by employers when employing domestics;

(f) prescribing the information employers, or different classes of employers, must provide for the purpose of establishing and maintaining a register of employees working in private residences and the time limits for providing that information;

(g) establishing minimum wages for employees or classes of employees;

(i) governing time banks;

(j) designating days as statutory holidays and respecting calculation of statutory holiday pay;

(k) respecting applications for variances or renewal of variances;

(l) specifying requirements of the regulations contravention of which may be the subject of a complaint under section 74;

(m) prescribing interest rates for the purposes of section 88 and providing for different rates for different purposes;

(m.1) respecting steps the director may specify be taken by an employee under section 76 (3) (d);

(n) prescribing penalties or schedules of penalties for determinations in respect of contraventions of a requirement of this Act or the regulations or a requirement imposed under section 100, which penalties or schedules of penalties may:

(i) vary according to the nature or frequency of the contraventions or the number of employees affected by any contravention, and

(ii) provide for greater penalties for a second contravention and for third or subsequent contraventions in a 3 year period or any other period that may be prescribed;

(n.1) prescribing an appeal fee for the purposes of section 112 (2) (a) (ii);

(o) providing for appeals from determinations to a person or body other than the tribunal in cases involving the tribunal as an employer and providing for the enforcement of decisions on those appeals;

(p) respecting fees, including regulations

(i) prescribing fees for licences issued under this Act,

(ii) prescribing fees to be paid in respect of services provided by the government under this Act,

(iii) prescribing administrative fees for the purpose of section 30.1, and

(iv) specifying the time, manner and method for payment of prescribed fees payable under this Act.

(q) governing the production and inspection of employers' records;

(r) defining any word or expression used but not defined in this Act.

(s) prescribing a class of individuals for the purpose of the definition of “family member” under section 52.1 (1);

(t) prescribing a period for the purposes of section 52.1 (2);

(u) for the purposes of section 52.2,

(i) restricting the number of leaves within a specified period of time to which an employee who is a reservist is entitled,

(ii) prescribing circumstances for the purposes of subsection (2) (c) of that section and periods of time for the purposes of subsections (3), (4) (b) (iii) and (5) (b) (iii) of that section, and

(iii) respecting information to be provided for the purposes of subsection (8) of that section.

(3) Regulations made under subsection (2)(b.1) may be specific or general in their application and may provide differently for children of different age groups or different industries or classes of industries.

(4) Regulations made under subsection (2) (c) may delegate a matter to or confer a discretion on the director.


Policy Interpretation

The Lieutenant Governor in Council (i.e., the Cabinet) is authorized to make regulations in order to further the purposes of the Act.


Related Information

Related sections of the Act or Regulation

Employment Standards Act, [RSBC 1996] Chapter 113
Employment Standards Regulation, (B.C. Reg. 396/95)

Other

Interpretation Act, [RSBC 1996] Chapter 238
Labour Relations Code, [RSBC 1996] Chapter 244