Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

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

ESR Section 8 – If there is a change of directors or officers 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section sets out the requirements for a corporation after any change in its directors or officers. 


Text of Legislation

8. (1) A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors or officers.

(2) If the corporation does not apply within the time specified in subsection (1),

(a) its licence is void, and

(b) the corporation must surrender the licence to the director.


Policy Interpretation

Subsection (1)

Where there is a change of a director or an officer, the licensed farm labour contractor must apply for a new licence within 7 days.

Subsection (2)

If the farm labour contractor complies with the 7-day period, the old licence will continue in effect during the interim period, however, when the farm labour contractor has not complied with this section, the licence is considered void and must be surrendered to the Director of Employment Standards.

If the director issues a determination refusing to issue a new licence under s.10 of this Regulation the old licence is void on the date of the refusal and the existing licence must be immediately surrendered to the director.

Example

Glickman Ltd. holds a valid farm labour contractor’s license showing Director Marsden as the sole director/officer of the corporation. On July 1, 2002, Director Marsden was replaced by Director Flemming as sole director/officer of Glickman Ltd. Glickman Ltd. must apply for a new license by July 8, 2002 or the existing license will be void and without effect.

In a determination issued on July 15, 2002, the director refuses to issue a new license to Glickman Ltd because Director Flemming has had a previous farm labour contractor’s license cancelled for non-compliance with the Act. Glickman Ltd’s license would be void as of July 15, 2002, the date of the refusal.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other:

See Employment Standards Factsheets

Factsheets

Farm Workers

Farm Labour Contractors