Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 3 - WAGES, SPECIAL CLOTHING & RECORDS
ESA Section 30.1 – Liability of farm labour contractor for transportation costs
This section sets out the liability of a farm labour contractor to pay a $500 administrative fee when the contractor’s vehicle is removed from the road for safety reasons and the province provides alternative transportation to the workers who were travelling in the vehicle.
30.1 (1) A farm labour contractor is liable to pay a prescribed administrative fee to the Province if
(a) a motor vehicle used by the farm labour contractor to transport employees of the farm labour contractor, of another farm labour contractor or of a producer is, during the transportation of the employees, removed from service as the result of a failure to comply with, or a contravention of, an enactment of British Columbia or of Canada, and
(b) the Province, at its own cost, provides alternative transportation to transport the employees to the employees' work site or another location.
(2) If a farm labour contractor is liable under subsection (1) to pay an administrative fee, the director must serve on the contractor a notice setting out
(a) the amount of the fee,
(b) the date by which the fee must be paid,
(c) the consequences of failing to pay the fee, and
(d) the manner and method for payment of the fee.
(3) A farm labour contractor liable to pay an administrative fee under subsection (1) must pay the fee in accordance with the regulations.
(4) The director may vary or cancel a notice
(i) the farm labour contractor on whom the notice was served provides evidence satisfactory to the director that the finding that the farm labour contractor failed to comply with or contravened an enactment as described in subsection (1) (a) has been reversed on appeal under that enactment, or
(ii) evidence comes to the attention of the director that was not available at the time the notice was issued that another requirement under subsection (1) was not met, or
(b) to correct a clerical, typographical or inadvertent error, an omission or a similar mistake.
If a vehicle used by a farm labour contractor to transport workers is removed from service while it is being used to transport workers, and the province provides alternative transportation for the workers, the farm labour contractor is liable to pay an administrative fee to the province.
The vehicle may be removed from service for a failure to comply with, or a contravention of, an enactment of British Columbia or of Canada, including the Motor Vehicle Act or the Workers Compensation Act.
The amount of the fee is $500 and is set by section 6.2 of the Regulation.
If a vehicle has been removed from service and the province has provided alternative transportation under subsection (1), the director will issue a notice setting out:
- The amount of the fee;
- The time allowed for paying the fee;
- The consequences of failing to pay the fee; and
- How the payment is to be made.
The consequences of failing to pay the fee are set out in s. 30.2 of the Act.
Section 6.2 of the Regulation specifies that the fee will be $500, and that it must be paid by cheque, draft or money order to the Minister of Finance within 30 days after the farm labour contractor has been served with the notice.
The director may vary or cancel a notice for the reasons set out in this subsection.
The director may vary or cancel a notice if the finding made under subsection (1) that resulted in the vehicle being taken out of service was reversed on appeal under the other enactment.
The director may vary or cancel a notice if evidence becomes available that was not available at the time the notice was issued that another requirement under subsection (1) was not met.
The director may vary or cancel a notice to correct a clerical, typographical or inadvertent error or omission or a similar mistake.
Related sections of the Act or Regulation
- s.1, Definition “farm labour contractor”
- s.1, Definition “producer”
- s.13, Farm labour contractors must be licensed
- s.30.2, Enforcement of administrative fee
- s.122, Service of determinations and demands
- s.1, Definition “farm worker”
- s.5, Licensing of Farm Labour Contractors
- s.5.1, Calculation of security
- s.6, Duties of farm labour contractors
- s.6.1, Additional duties of farm labour contractors – posting safety notices in vehicles
- s.6.2, Administrative fee – transportation costs
- s.7, Cancellation or suspension of farm labour contractor’s licence
- s.8, If there is a change of directors or officers
- s.9, Rules about licences
- s.10, If a licence is refused, cancelled or suspended
- s.11, Surrender of licence
- s.12, Appeals from the refusal, cancellation and suspension of a licence
- s.18, Minimum Wage – farm workers
- s.34.1, Farm workers
- s.39, Exclusions from farm labour contractor licensing requirements
- s.40.2, Exclusion from payment options for farm labour contractors