Keyword Index: F to O

Effective 31/04/04
Revised N/A


Link to Keyword Index: A to E or P to Z or scroll F to O (below) or click on letter to link directly to index section:

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

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F

failure to comply with demand, Section 90
fair wages, see minimum wage
false representation by employer, Section 8
family, see immediate family
Family Maintenance Enforcement Act, Section 22(1)
family responsibility leave, Section 52
farm labour contractors

accepting fees from, Section 11
administrative fee - transportation costs, Regulation 6.2
cancellation or suspension of licence, Regulation 7
change of directors or officers, Regulation 8
definition,Section 1
duties of, Regulation 6
enforcement of administrative fee for transportation costs, Section 30.2
exclusion from licensing requirements, Regulation 39
liable for unpaid wages, Section 30
liability for transportation costs, Section 30.1
licensing requirements, Section 13, Regulation 5
payroll records to producer, Section 29 - Repealed (30 July 2002)
posting safety notices in vehicles, Regulation 6.1

farm labour contractors must be licensed, Section 13
farm products, processing of, Regulation 1
farm work, see agricultural operations
farm workers

definition, Regulation 1
minimum wage, Regulation 18
overtime, Regulation 23 - Repealed (BC Reg.196/2003)

fax, service of determination by, Section 122
federal jurisdiction, Section 3
fees and bonds for licences, Regulation 5
fees to other persons, Section 11
filing documents in court, Section 91
finality of tribunal's decisions and orders, Section 110
fire fighters (volunteer) excluded from Act, Regulation 33
firing of employees, see wrongful dismissal, or constructive dismissal
first aid attendant, definition, Regulation 1
fish camp worker, definition, Regulation 1
fishers

definition, Regulation 1
excluded from Act, Regulation 37

Fishing Collective Bargaining Act, Section 1
flat rate, Section 28(1)(c)
flexible work schedules

affected employees governed by, Section 37

cancellation of, Section 37
employees covered by collective agreement, Section 38 - Repealed (30 May 2002)
employees not covered by collective agreement, Section 37, Regulation 19 - Repealed (BC Reg.307/2002)
employees to be included, Section 37
overtime wages, Section 35, Section 41, Regulation 20, Appendix 1 - Repealed (BC Reg.307/2002)
rules for, Section 37
shift cycle, Appendix 1 - Repealed (BC Reg.307/2002)

forest fire fighter, excluded from S.31, Regulation 41 - Repealed (29 Nov 2002)
Forest Practices Code of British Columbia Act, Regulation 1
former Act

also see Employment Standards Act, previous
definition, Section 1

four-fold test for identifying employees, Section 1
franchise owner, liability of, Section 98
Freedom of Information and Protection of Privacy Act, Section 101
Fur Farm Act, Regulation 1

G

GAIN recipients excluded from Act, Regulation 32
Game Farm Act, Regulation 1
garment workers, see registry for domestic workers and textile workers, Regulation 13
garnishment from wages, Section 21
general holidays, see statutory holidays
gratuities, considered as wages, Section 1
greater right or benefit, see collective agreements
grievances, collective agreements

effect on complaints, Section 76(2)
hours of work, overtime, special clothing, Section 43 - Repealed (30 May 2002)
overtime, Section 41 - Repealed (29 Nov 2002)
termination of employment, Section 69 - Repealed (30 May 2002)
under Parts 2, 3, 6, 9 of Act, Section 3, Section 4
vacations and vacation pay, Section 61 - Repealed (30 May 2002)

group terminations, Section 64

adjustment committee, Section 71
bankruptcy or insolvency, Section 64(6)
notice to employees, trade union, and minister, Section 64
requirements in excess of individual termination, Section 64(5)
termination pay or notice in lieu required, Section 64(4)

 

H

hearings, see appeals, or tribunal

high technology professional, Regulation 37.8
high technology company, Regulation 37.8
hockey players, Regulation 37.16
holiday pay, see statutory holiday pay, or vacation pay
holidays, see statutory holidays
home support worker, see live-in home support worker
homeworkers, see domestics
 hours free from work Section 36

variance for, Section 72(g)

hours of work

director may remedy, Section 79(5)(6)
exclusion from notice requirements, Regulation 41 - Repealed (BC Reg.307/2002)
exclusion from requirements, Regulation 34, Regulation 42
maximum, Section 35
non-regular, statutory holiday pay, Regulation 24 - Repealed (BC Reg.307/2002)
notices, Section 31 - Repealed (30 May 2002)
reduction of excessive hours, Section 39

how an assignment is cancelled, Section 24
how pro-rated statutory holiday pay is calculated, Regulation 24 - Repealed (BC Reg.307/2002)
how to apply for a variance, Regulation 30
how wages are paid, Section 20
Human Rights Code

the Director does not have authority to apply the Human Rights Code, Section 86.2

 

I

ice hockey players, Regulation 37.16

if complainant requests identity be kept confidential, Section 75

if employee cannot be located, Section 19
if employee is required to work on statutory holiday, Section 46
if employment is terminated, Section 18
if licence is refused, cancelled or suspended, Regulation 10
if money is paid to the director, Section 99
if statutory holiday falls on a day off, Section 47 - Repealed (Nov 2002)
if there is a change of directors or officers, Regulation 8
immediate family, definition, Section 1
incentive payments, Section 1
Income Tax Act, Regulation 1
independent contractors , Section 1
independent school, definition, Section 1, Regulation 1
Independent School Act, Section 1, Regulation 1
individual layoff under collective agreement, Section 70 - Repealed (30 May 2002)
individual terminations, Section 63
informing employees of their rights, Section 6 - Repealed (30 May 2002)
Inquiry Act

power of Supreme Court, Section 84
witnesses, Section 84

insolvency, see bankruptcy or insolvency
Insolvency Act, Section 96(2)

definition, Section 1

inspection powers of director, Section 85, Section 120
insurance deductibles, Section 22(1)
insurance plans, see benefit plans
integration test for identifying employees, Section 1
interest

23 day interest-free period, Section 88, Regulation 25
accrues since Act came into effect, Section 88(4)
accruing without a complaint, Regulation 26
applying interest rate, Regulation 25
calculating, Regulation 25
calculating for unpaid wages, Section 80
distribution of interest collected, Section 99(7)
on money owing by employer, Section 88, Regulation 25
on money received by the director, Regulation 27
on termination pay under collective agreement, Section 70 - Repealed (30 May 2002)
rates payable, Regulation 27
recovery of, Section 88 (3)
securities or bonds, Section 88
when interest must be paid, Section 88

Interpretation Act, Section 74, Section 97, Section 120, Section 122
Interpretation Guidelines Manual

amendments to, HOW
audience of, HOW
overview of contents, HOW
placement of regulations, HOW
purpose of, HOW
responsibility for, HOW
revisions to, HOW

investigations

after or without a complaint, Section 76
director may stop or postpone, Section 76(2)
director's powers of entry and inspection, Section 85
of complaints, Section 76(1)
opportunity for parties to respond, Section 77
reprisals against complainants, Section 83
settlement of, Section 78
without a complaint, Section 76(3), Regulation 26

irregularities, Section 123

 

J

job protection, see group terminations
judgments, see determinations
judicial review, Section 3
Judicial Review Procedures Act, Section 110
jurisdiction

collective agreements, Section 3
complaints filed in other jurisdictions, Section 119
federal, Section 3
Labour Relations Board, ESB
No jurisdiction to determine constitutional questions, Section 86.1
No jurisdiction to apply the Human Rights Code, Section 86.2
of courts to review tribunal decisions, Section 110
reciprocating jurisdictions, Section 119
Supreme Court of Canada, Section 3

jury duty, Section 55

benefit plans continuation, Section 56
compensation for length of service, Section 56
employment deemed continuous, Section 56
statutory holiday pay, Section 56
termination during, Section 56
vacations and vacation pay, Section 56
wages not paid, Section 56

 just cause, Section 63(3)

 

K

[No entries]

 

L

Labour Regulation Act, Section 130
Labour Relations Board

and Employment Standards Branch, ESB
associate chair, Regulation 48
responsibilities, ESB

Labour Relations Code

amendments to, Sections 131-141
Collective Agreement Arbitration Bureau, ESB
responsibility for, ESB

lawyer, consultation with, Section 76(2)
layoff, also see temporary layoff 

individual, under collective agreement, Section 70 - Repealed (30 May 2002)
right of recall, Section 70(1) - Repealed (30 May 2002)
termination if temporary layoff exceeded, Section 63(5)
week of layoff, Section 62

leaves of absence

benefit plans continuation, Section 56
bereavement leave, Section 53
compensation for length of service, Section 56
effects of sale of business, Section 97
employment deemed continuous, Section 56
entitlements protected, Section 54
family responsibility leave, Section 52
jury duty, Section 55
parental leave, Section 51
pregnancy leave, Section 50
return to same or comparable position, Section 54
statutory holiday pay, Section 56
termination during, Section 56
termination notice during, Section 54
vacations and vacation pay, Section 56
wages not paid, Section 56
work reduced while employee on leave, Section 54

legislation, other

Agricultural Land Commission Act, Regulation 1
Bank Act, Section 96(2)
Bonding Act, Section 100
Canada Evidence Act, Section 120
Company Act, Section 96
Constitution Act, 1867, Section 3
Court Order Enforcement Act, Section 91Section 119,
effect on ESA, ACT
Estate Administration Act, Section 99(5)
Evidence Act, Section 120
Family Maintenance Enforcement Act, Section 22(1)
Fishing Collective Bargaining Act, Section 1
Forest Practices Code of British Columbia Act, Regulation 1
Freedom of Information and Protection of Privacy Act, Section 101
Fur Farm Act, Regulation 1
Game Farm Act, Regulation 1
‚ÄčHotel Room Tax Act, Sections 131-141
Human Rights Act, Section 63(3)
Income Tax Act, Regulation 1
Independent School Act, Section 1, Regulation 1
Inquiry Act, Section 84
Interpretation ActSection 74Section 97Section 120Section 122
Judicial Review Procedures Act, Section 110
Labour Regulation Act, Section 130
Labour Relations Code, ESB, Section 1, Sections 131-141
Medical and Health Care Services Act, Sections 131-141
Motor Vehicle Act, Regulation 6
Municipal Act, Sections 131-141
Nurses (Registered) Act, Sections 131-141
Offence Act, Section 125
Personal Property Security Act, Section 87(4)
Public Service Labour Relations Act, Section 1
School Act, Section 1, Regulation 1, Sections 131-141
Skills Development and Fair Wage Act, ESB, Sections 131-141
Social Service Tax Act, Sections 131-141
Society Act, Regulation 1
Vancouver Charter, Sections 131-141
Waste Management Amendment Act, Sections 131-141
Workers Compensation Act, Sections 131-141

 length of service

bankruptcy, Section 63
compensation for, Section 63
discharge of liability, Section 63(3)
employment continuous during leave, Section 63(2)
employment continuous when business sold, Section 63(2)
entitlements for, Section 63
liability increases with time, Section 63(2)
probation period, Section 63(1)
sale of business or assets, Section 97
seniority adjustments, Section 70 - Repealed (30 May 2002)
termination for just cause, Section 63(3)
weeks required for notice or compensation, Section 63(3)

letter of credit, Section 100
liability

2 month's wages for each corporate officer, Section 96
discharge of, for length of service, Section 63(3)
for removing assets under seizure, Section 94(2)
limits of for officers/directors, Section 96(2)
of associated businesses, Section 95(b)
of corporate officer for unpaid wages, Section 96(1)
of employers for length of service, Section 63
of employers upon sale of business, Section 97
of franchise owner, Section 98
of individuals for penalties, Section 98
producers/farm labour contractors liable for unpaid wages, Section 30
producers liable for wages, Section 29(1) - Repealed (30 July 2002)

liability resulting from length of service, Section 63
licence

appeals of refusal, cancellation and suspension, Regulation 12
cancellation/suspension of employment agency licence, Regulation 4
cancellation/suspension of farm labour contractor licence, Regulation 7
refused, cancelled or suspended, Regulation 10
required for change of directors or officers, Regulation 8
rules about, Regulation 9
surrender of, Regulation 11

licensing

of employment agencies, Section 1, Section 12, Regulation 2
of talent agencies, Regulation 38
of farm labour contractors, Section 13, Regulation 5

liens

against associated businesses, Section 95
against corporate officers, Section 96
attached to assets, Section 87
definition, Section 87
for unpaid wages, Section 87
sale of liened assets, Section 87, Section 97
under Industrial Relations Act and Labour Code, Section 87(2)

Lieutenant Governor in Council, Section 127
limit on amount of wages required to be paid, Section 80
limitation period, Section 124
limits, see time limits
limits on hours of work, Section 35
Liquour servers minimum wage, Regulation 18.1
 live-in home support workers

definition, Regulation 1
minimum wage, Regulation 16

location, single, for group terminations, Section 64
lockouts, Section 67(1)
lodging, see room and board rates for domestics
loss, risk of, for identifying employees, Section 1

M

 managers

definition, Regulation 1
duties of, Regulation 1
excluded from statutory pay requirements, Regulation 36
executive capacity of, Regulation 1
payroll records for, Section 28

Manual Update Form, HOW
marshalling point, Section 1
maternity leave, see pregnancy leave
maximum hours of work, Section 35
maximum room and board rates for domestics, Regulation 14
meal breaks, Section 32
Medical and Health Care Services Act, Sections 131-141
medical plans, see benefit plans
 minimum daily hours, Section 34

students, Section 34

 minimum daily pay, Section 34
minimum hourly wage, Regulation 15
minimum hourly wage, liquor servers, Regulation 18.1
minimum hours

exclusion from requirements, Regulation 43

minimum standards, overview of, ACT

exclusions for vacation pay and time bank, Section 17
farm workers, Regulation 18
for commissioned employees, Section 16, Section 17
live-in home support workers, Regulation 16
requirement to pay, Section 16
resident caretakers, Regulation 17

Minister of Finance and Corporate Relations, Section 99(2)
Ministry of Skills, Training and Labour, history, ESB
misrepresentation by employer, Section 8
mitigation of employer's liability, Section 63(3)
monetary penalties, Section 98
money

collected and paid to director, Section 99(1)
deposited with director, Section 88
disbursement of insufficient funds, Section 99(6)
distribution of interest collected, Section 99(7)
held in trust by director, Section 99(3)
interest payable, Section 88, Regulation 27
pro-rated amongst employees, Section 99(4)

month, definition, Section 74
monthly salary, see wages
 mortgage or debenture, priority over director's liens, Section 87(5)
Motor Vehicle Act, Regulation 6
multiple employers, see associated businesses, or sale of business
Municipal Act, Sections 131-141

 

N

nannies, see domestics
natural justice, see common law rights
newspaper carriers

definition, Regulation 1
excluded from Act, Regulation 37.4

newspapers, definition, Regulation 1
night attendants, definition, Regulation 1
no charge for hiring or providing information, Section 10
no excessive hours, Section 39
no false representations, Section 8
no fees to other persons, Section 11
no hiring of children under 15 without director's permission, Section 9
no other proceedings, Section 82
 notice

farm workers, picking volumes, Regulation 18
hours of work, Section 31 - Repealed (30 May 2002)
notice periods for group terminations, Section 64(3)
of appeal process, Section 81
of breaks, Section 31 - Repealed (30 May 2002)
of change in shift, variance for, Section 72(d)
of determination made, Section 81
of determination of excessive hours, Section 81
of determination varied, cancelled, or suspended, Section 91(4)
of group terminations, Section 64
of investigation, Section 77
of request to appeal, Section 112
of resignation, Section 63(3)
service of determination or demand, Section 122
to each employee in group terminations, Section 64(2)

 notice of termination

conditions of employment cannot be changed, Section 67(2)
interrupted while employee on leave, vacation, strike, lockout, Section 67(1)
not given while employee on leave, vacation, strike, lockout, Section 67(1)
not in effect if employee works past notice period, Section 67(1)
rules about, Section 67
transition from previous Act, Section 128
upon sale of business, Section 97
variance for, Section 72(i)

notifying others of determination, Section 81
NSF cheques, Section 126
Nurses (Registered) Act, Sections 131-141
nursing students excluded from Act, Regulation 33

 

O

oath or affirmation, Section 120
Offence Act, Section 125
offences, see contraventions of Act
officers, see directors and officers
offsets

from commissioned employees, Section 17
not allowed on termination entitlements, Section 68(1)

oil or gas exploration, exclusions from hours-of-work requirements, Regulation 42
 on-call employees, Section 1
onus of proof, see burden of proof on employers
opportunity to respond, Section 77
order of the tribunal, see tribunal
Order to Pay, Section 128
orders, see determinations
organization of tribunal, Section 106
organizational test for identifying employees, Section 1
other payments of benefits do not affect vacation rights, Section 59
other powers of tribunal, Section 109
overpayments, Section 21
 overtime wages

calculating daily and weekly, Section 40
definition, Section 1
during 32-hour break, Section 36(1)
employees not on a flexible work schedule, Section 40
employees on flexible work schedules, Section 41 (Repealed (29 Nov 2002)
for excess of maximum hours of work, Section 35(a)
exclusion from requirements, Regulation 34, Regulation 44
for farm workers, Regulation 23 - Repealed (BC Reg.196/2003)
for high technology professionals, Regulation 37.8
flexible work schedules, Section 35, Appendix 1 - Repealed (BC Reg.307/2002)
paid into time bank, Section 42
variance for flexible work schedule, Section 72(f)
variance when no flexible work schedule, Section 72(h)