Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 3 - WAGES, SPECIAL CLOTHING & RECORDS

ESA Section 30.2 – Enforcement of administrative fee 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section sets out the consequences of a farm labour contractor’s failure to pay an administrative fee ordered to be paid under section 30.1 of the Act. 


Text of Legislation

30.2  (1) An administrative fee imposed under section 30.1 is a debt payable to the government.

(2) If a farm labour contractor fails to pay the administrative fee as required under section 30.1, the director may do one or more of the following:

(a) suspend, cancel or refuse to reinstate the farm labour contractor’s licence, or refuse to grant a new licence to the farm labour contractor, until the fee is paid;

(b) file with the Supreme Court a copy of the notice referred to in section 30.1(2).

(3) On being filed, the notice is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of the amount of the fee stated in the notice.

(4) Sections 79 and 98 do not apply to a contravention of section 30.1


Policy Interpretation

This section sets out the consequences to the farm labour contractor of failing to pay an administrative fee required to be paid under section 30.1 of the Act.

Subsection (1)

Money collected by the director will be paid to the Minister of Finance.

Subsection (2)

If a farm labour contractor does not pay the administrative fee as set out in section 30.1, the director may suspend or cancel a farm labour contractor’s licence, refuse to reinstate a licence which has been cancelled, or refuse to grant a new licence until the fee is paid.

The director may also file a copy of the notice in Supreme Court.

Subsection (3)

Once a copy of the notice is filed in Supreme Court, it is enforceable in the same manner as a judgment of the Court in favour of the director for the recovery of the amount owing.

Collection may include, but is not limited to, execution of writs of seizure and sale, the registering of certificates of judgment against real property and the use of the collection procedures in the Court Order Enforcement Act.

Subsection (4)

A notice under section 30.1 is not a determination and the provisions of section 79 of the Act do not apply. Since it is not a determination, the appeal provisions relating to determinations do not apply. The director may vary or cancel a notice under the circumstances set out in section 30.1(4).

Since the notice is not a determination, it is not subject to a monetary penalty under section 98 of the Act.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheets

Farm Workers

Farm Labour Contractors