Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 2 - EMPLOYMENT AGENCIES AND FARM LABOUR CONTRACTORS

ESR Section 5 – Licensing of farm labour contractors


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the application process which must be completed to obtain a farm labour contractor’s license. 


Text of Legislation

5. (1) An application for a licence to act as a farm labour contractor must

(a) be made to the director, and

(b) be accompanied by a fee of $150.

(2) The director may issue a licence only if the applicant has

(a) completed a written application in a form required by the director,

(b) paid the licence fee,

(c) satisfied the director by an oral or written examination, or both, of the applicant’s knowledge of the Act and this regulation, and

(d) posted security in accordance with subsection (3).

(3) The security must

(a) be posted under the Bonding Act,

(b) be of a type that is listed in section 8 of the Bonding Regulations and is acceptable to the director, and

(c) be in the amount directed under section 5.1.

(3.1) It is a condition of every licence issued under this section that a farm labour contractor require any person who drives or operates a motor vehicle used by the farm labour contractor for the purpose of transporting employees of the farm labour contractor, another farm labour contractor or a producer to have a valid and subsisting driver's licence under the Motor Vehicle Act for the category of motor vehicle used for that purpose.

(4) In addition to the conditions set out in subsection (3.1), the director may include in a licence issued to a farm labour contractor any condition the director considers appropriate for the purposes of the Act.

(5) The director may refuse to issue a licence to an applicant who has had a previous licence cancelled.


Policy Interpretation

Subsection (1)

Under this subsection, an employer must submit an application form (as required by the director) to the Employment Standards Branch, accompanied with a $150 fee.

Application forms can be obtained from any Employment Standards Branch office. For an electronic version of the application form, visit: Employment Standards Forms.

Subsection (2)

The director will only issue a licence under this section after all of the following have been met:

  • the applicant has completed the required written application form;
  • the $150 licence fee has been paid;
  • the director is satisfied, by an oral or written examination, or both, that the applicant has the required knowledge of the Act and this Regulation; and
  • the applicant has posted security in accordance with subsection (3) below.

The director will not issue a licence while a farm labour contractor is the subject of an investigation due to an alleged contravention of the Act.

Subsection (3)

The security must be:

  • posted under the Bonding Act
  • of a type listed in s.8 of the Bonding Regulations, and is acceptable to the director; and
  • in the amount required under s.5.1 of this Regulation, Calculation of security.

Subsection (3.1)

A condition of receiving a farm labour contractor licence is that the farm labour contractor must ensure that every person who drives a vehicle used by the farm labour contractor to transport employees or other workers has a driver’s licence which is valid for the type of vehicle the person is driving.

Subsection (4)

In addition to subsection 3.1, the director may include any condition the director considers appropriate on a farm labour contractor licence.

The director has imposed a condition that a farm labour contractor must authorize the director to obtain information from ICBC, WorkSafe BC, Commercial Vehicle Safety and Enforcement (CVSE) and the Superintendent of Motor Vehicles relating to the vehicles used by the farm labour contractor to transport employees and other workers.

Subsection (5)

If an applicant has had a previous license cancelled under s.7 of this Regulation the Director may refuse to issue a new license to that applicant.

Under s.10 of this Regulation, when the director refuses to issue, cancels or suspends a licence, the director must serve the person who applied for or held the licence with a determination providing:

  • the reasons for the determination; and
  • the time limit and process for appealing the determination to the Employment Standards Tribunal.

A person served with a determination under this section may appeal the determination to the Employment Standards Tribunal in accordance with s.12 of this Regulation.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other references:

Bonding Act, [RSBC 1996] Chapter 30

Other:

See Employment Standards Factsheets

For application form visit: Employment Standards Forms.

Factsheets

Farm Workers

Farm Labour Contractors