Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

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

ESR Section 7 – Cancellation or suspension of farm labour contractors licence


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section sets out the circumstances that may lead to a cancellation or suspension of a farm labour contractor’s license. 


Text of Legislation

7. The director may refuse to issue a licence to a farm labour contractor, refuse to renew or reinstate a farm labour contractors licence or cancel or suspend a farm labour contractor’s licence in any of the following circumstances:

(a) the farm labour contractor made a false or misleading statement in an application for a licence;

(b) the farm labour contractor is in breach of a condition of the licence;

(c) the farm labour contractor or an agent of the farm labour contractor contravenes the Act or this Regulation.

(d) a peace officer has, with respect to 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, ordered the farm labour contractor, under the Motor Vehicle Act, to

(i)  remove the vehicle from the highway for repairs, or

(ii)  surrender the vehicle licence or number plates, or both, for the vehicle to the Insurance Corporation of British Columbia or to the peace officer;

(e) the farm labour contractor has been found, with respect to 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, under the Motor Vehicle Act, to have contravened a provision of Division 39 — Road Safety of the Motor Vehicle Act Regulations;

(f) the Workers’ Compensation Board has, under the Workers Compensation Act, taken an enforcement action described in one or both of paragraphs (i) and (ii) against the farm labour contractor with respect to transportation, by the farm labour contractor, of employees of the farm labour contractor, another farm labour contractor or a producer:

(i)  issued an order under section 187 of the Workers Compensation Act to comply with section 115 of that Act or section 4.1 or 4.3 or Part 17 of the Occupational Health and Safety Regulation;

(ii)  imposed an administrative penalty in the circumstances described by section 196 (1) of the Workers Compensation Act with respect to a contravention of section 115 of that Act or section 4.1 or 4.3 or Part 17 of the Occupational Health and Safety Regulation.


Policy Interpretation

Subsection (a)

The director may cancel or suspend a licence issued to a farm labour contractor if the farm labour contractor has made a false or misleading statement in an application for a licence. (For example, by wrongly stating the number of farm workers used to calculate the amount of security required to be posted before a farm labour contractor’s licence will be granted.)

Subsection (b)

The director may cancel or suspend a licence issued to a farm labour contractor if the farm labour contractor is in breach of a condition imposed on the licence under subsection 5(4) of this Regulation or a “core requirement” under s.5.1.

Subsection (c)

A licence may be cancelled or suspended when either a farm labour contractor or a person acting for a farm labour contractor contravenes the Act or Regulation.

A contravention of any provision of the Act or this Regulation may result in the cancellation or suspension of a farm labour contractors licence. This may include:

  • A contravention of one of the “core requirements” named in s.5.1 of this Part, namely:

Employment Standards Act

  • Section 13(1) Farm labour contractors must be licensed
  • Section 17(1) Paydays
  • Section 28 Payroll records
  • Section 5 Vacation pay

Employment Standards Regulation

  • Section 15. Minimum hourly wage
  • Section 18(1). Minimum wage – farm workers

Under s.5.1 of this Regulation, the amount of security that a farm labour contractor is required to post is determined by the history of a farm labour contractor’s compliance records regarding the above “core requirements”.

  • A contravention of the Act or this Regulation relating to licensing and security requirements of a farm labour contractor. (For example, misstating the number of farm workers used to calculate the amount of security);
  • A contravention of the Act or this Regulation relating to the payment of wages to employees; and/or
  • A contravention of the Act or this Regulation relating to the record keeping requirements.

    Example

    A Farm Labour Contractor contravenes payroll record requirements under s.28 of the Act by failing to maintain records of the hours worked by each employee on each day. This contravention may result in the cancellation or suspension of the farm labour contractor’s license.

A farm labour contractor license that has been suspended or cancelled under this Regulation may be reinstated by the director in the following circumstances:

  • The farm labour contractor pays any outstanding wages;
  • The farm labour contractor pays any outstanding penalties (subject to any right of appeal under Part 13 of the Act);
  • The farm labour contractor agrees to comply with the Act and this Regulation.

The license is re-issued on a conditional basis. This may include any condition imposed by the director that is considered appropriate for the purposes of the Act, pursuant to s.5(4) of this Regulation.

Subsection (d)

The director may cancel or suspend a farm labour contractor licence for the following reasons:

  • A peace officer orders a vehicle which is being used by the farm labour contractor to transport employees or other workers to be removed from the highway for repairs; or
  • A peace officer orders the farm labour contractor to surrender the vehicle licence or number plates, or both, to ICBC or to the peace officer.

Subsection (e)

The director may cancel or suspend a farm labour contractor licence if a farm labour contractor is in contravention of Division 39 – Road Safety of the Motor Vehicle Act Regulations with respect to a vehicle being used to transport employees or other workers. The Motor Vehicle Act Regulations may be viewed at: http://www.qp.gov.bc.ca/statreg/reg/M/MotorVehicle/26_58/26_58_00.htm

Subsection (f)

The director may cancel or suspend a farm labour contractor licence if the Workers’ Compensation Board (WorkSafe BC) has taken one of the following enforcement actions against the farm labour contractor with respect to the transportation of employees or other workers:

  • WorkSafe BC has issued an order under section 187 of the Workers Compensation Act requiring the farm labour contractor to comply with section 115 of that Act, or section 4.1 or 4.3 or Part 17 of the Occupational Health and Safety Regulation; or
  • WorkSafe BC has imposed an administrative penalty with respect to a contravention of the same parts of that Act or Regulation.

The Workers Compensation Act may be viewed at: http://www.qp.gov.bc.ca/statreg/stat/W/96492_00.htm

The Occupational Health and Safety Regulation may be viewed at: http://www.qp.gov.bc.ca/statreg/reg/W/WorkersComp/WorkComp296_97/296_97_00.htm


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other:

See Employment Standards Factsheets

Factsheets

Farm Workers

Farm Labour Contractors