Table of Contents

Quick Jump Menu

Act Part 1 - Introductory Provisions
Act Part 2 - Hiring Employees
Act Part 3 - Wages, Special Clothing & Records
Act Part 4 - Hours of Work and Overtime
Act Part 5 - Statutory Holidays
Act Part 6 - Leaves and Jury Duty
Act Part 7 - Annual Vacation
Act Part 8 - Termination of Employment
Act Part 9 - Variances
Act Part 10 - Complaints, Investigations and Determinations
Act Part 11 - Enforcement
Act Part 12 - Employment Standards Tribunal
Act Part 13 - Appeals
Act Part 14 - General Provisions
Act Part 15 - Transitional and Consequential Provisions

Regulation Part 1 - Interpretation
Regulation Part 2 - Employment Agencies and Farm Labour Contractors
Regulation Part 3 - Employees Working in Residences
Regulation Part 4 - Minimum Wages
Regulation Part 5 - Hours of Work and Statutory Holiday Pay
Regulation Part 6 - Interest and Penalties
Regulation Part 7 - Variances and Exclusions
Regulation Part 8 - Miscellaneous
Appendices

Employment Standards Act

Act Part 1 - Introductory Provisions

Section 1 Definitions
Section 2 Purposes of this Act
Section 3 Scope of this Act
Section 4 Requirements of this Act cannot be waived
Section 5 Promoting awareness of employment standards
Section 6 - Repealed (30 May 2002)
Section 7 - Repealed (14 Dec 2003)


Act Part 2 - Hiring Employees

Section 8 No False Representations
Section 9 Hiring children
Section 10 No charge for hiring or providing information
Section 11 No fees to other persons
Section 12 Employment and talent agencies must be licensed
Section 13 Farm labour contractors must be licensed
Section 14 Written employment contract required for domestics
Section 15 Register of employees working in residences


Act Part 3 - Wages, Special Clothing & Records

Section 16 Employers required to pay minimum wage
Section 17 Paydays
Section 18 If employment is terminated
Section 19 If employee cannot be located
Section 20 How wages are paid
Section 21 Deductions
Section 22 Assignments
Section 23 Employer’s duty to make assigned payments
Section 24 How an assignment is cancelled
Section 25 Special Clothing
Section 26 Payments by employer to funds, insurers or others
Section 27 Wage Statements
Section 28 Payroll records
Section 29 - Repealed (30 July 2002)
Section 30 Producer and farm labour contractor are liable for unpaid wages
Section 30.1 Liability of farm labour contractor for transportation costs
Section 30.2 Enforcement of administrative fee


Act Part 4 - Hours of Work and Overtime

Section 31 - Repealed (30 May 2002)
Section 32 Meal breaks
Section 33 Split shifts
Section 34 Minimum daily hours
Section 35 Maximum hours of work before overtime applies
Section 36 Hours free from work
Section 37 Agreements to average hours of work
Section 38 - Repealed (30 May 2002)
Section 39 No excessive hours
Section 40 Overtime wages for employees not working under an averaging agreement
Section 41 - Repealed (29 Nov 2002)
Section 42 Banking of overtime wages
Section 43 - Repealed (30 May 2002)


Act Part 5 - Statutory Holidays

Section 44 Entitlement to statutory holiday
Section 45 Statutory holiday pay
Section 46 If employee is required to work on statutory holiday
Section 47 - Repealed (Nov 2002)
Section 48 Substituting another day for a statutory holiday
Section 49 - Repealed (30 May 2002)


Act Part 6 - Leaves and Jury Duty

Section 50 Pregnancy leave
Section 51 Parental leave
Section 52 Family responsibility leave
Section 52.1 Compassionate Care Leave
Section 52.2 Reservists' Leave
Section 53 Bereavement leave
Section 54 Duties of employer
Section 55 Jury duty
Section 56 Employment deemed continuous while employee on leave or jury duty


Act Part 7 - Annual Vacation

Section 57 Entitlement to annual vacation
Section 58 Vacation pay
Section 59 Other payments or benefits do not affect vacation rights
Section 60 Common date for calculating vacation entitlement
Section 61 - Repealed (30 May 2002)


Act Part 8 - Termination of Employment

Section 62 Definition (week of layoff)
Section 63 Liability resulting from length of service
Section 64 Group terminations
Section 65 Exceptions
Section 66 Director may determine employment has been terminated
Section 67 Rules about notice
Section 68 Rules about payments
Section 69 - Repealed (30 May 2002)
Section 70 - Repealed (30 May 2002)
Section 71 Adjustment committee


Act Part 9 - Variances

Section 72 Application for variance
Section 73 Power to grant variance


Act Part 10 - Complaints, Investigations and Determinations

Section 74 Complaint and time limit
Section 75 If complainant requests identity be kept confidential
Section 76 Investigations
Section 77 Opportunity to respond
Section 78 Settlement agreements
Section 79 Determinations and consequences
Section 80 Limit on amount of wages required to be paid
Section 81 Notifying others of determination
Section 82 No other proceedings
Section 83 Employee not to be mistreated because of complaint or investigation
Section 84 Power to compel persons to answer questions and order disclosure
Section 84.1 Maintenance of Order at Hearings
Section 84.2 Contempt proceedings for uncooperative person
Section 84.3 Immunity protection
Section 85 Entry and inspection powers
Section 86 Power to reconsider
Section 86.1 No jurisdiction to determine constitutional question
Section 86.2 Director without jurisdiction to apply the Human Rights Code


Act Part 11 - Enforcement

Section 87 Lien for unpaid wages
Section 88 Payment of interest
Section 89 Demand on third party
Section 90 Failure to comply with demand
Section 91 Determination or order may be filed and enforced as judgment
Section 92 Seizure of assets
Section 93 Release of assets
Section 94 Wrongful removal of seized assets
Section 95 Associated corporations
Section 96 Corporate officer’s liability for unpaid wages
Section 97 Sale of business or assets
Section 98 Monetary penalties
Section 99 If money is paid to director
Section 100 Security to ensure compliance
Section 101 Publication of violators’ names
Section 101.1 Searching of records


Act Part 12 - Employment Standards Tribunal

Section 102 Employment Standards Tribunal continued
Section 103 Application of Administrative Tribunals Act
Section 104 Chair may delegate authority
Section 105 Employees
Section 106 Organization of tribunal
Section 107 Proceedings - repealed Oct. 15/04 by BC Reg 425/04:
Section 108 Appeal and inquiry powers - repealed Oct. 15/04 by BC Reg 425/04:
Section 109 Other powers of tribunal
Section 110 Finality of tribunal’s decisions and orders
Section 111 Publication of decisions - repealed Oct. 15/04 by BC Reg 425/04:


Act Part 13 - Appeals

Section 112 Appeal of director’s determination
Section 113 Director’s determination may be suspended
Section 114 After an appeal is requested
Section 115 Tribunal’s orders
Section 116 Reconsideration of orders and decisions


Act Part 14 - General Provisions

Section 117 Director’s power to delegate
Section 118 Right to sue preserved
Section 119 Extraprovincial certificates
Section 120 Warrant to carry out inspection powers
Section 121 Director cannot be required to give evidence in other proceedings
Section 122 Service of determinations and demands
Section 123 Irregularities
Section 124 Limitation period
Section 125 Offences
Section 126 Evidence and burden of proof
Section 127 Power to make regulations


Act Part 15 - Transitional and Consequential Provisions

Section 128 Transition from former Act
Section 129 Transitional regulations


Employment Standards Regulations

Regulation Part 1 - Interpretation

Section 1 Definitions


Regulation Part 2 - Employment Agencies and Farm Labour Contractors

Section 2 Licensing of Employment Agencies
Section 3 Employment agency records
Section 4 Cancellation or suspension of employment agency licence
Section 5 Licensing of farm labour contractors
Section 5.1 Calculation of Security
Section 6 Duties of farm labour contractors
Section 6.1 Additional duties of farm labour contractors - posting safety notices in vehicles
Section 6.2 Administrative fee - transportation costs
Section 7 Cancellation or suspension of farm labour contractors licence
Section 8 If there is a change of directors or officers
Section 9 Rules about licences
Section 10 If a licence is refused, cancelled or suspended
Section 11 Surrender of licence
Section 12 Appeals from the refusal, cancellation or suspension of a licence


Regulation Part 3 - Employees Working in Residences

Section 13 Registry information
Section 14 Maximum room and board rates for domestics


Regulation Part 4 - Minimum Wages

Section 15 Minimum hourly wage
Section 16 Minimum daily wage – live-in home support worker/live-in camp leader
Section 17 Minimum wage – resident caretakers
Section 18 Minimum wage – farm workers
Section 18.1 Minimum wage - liquor servers


Regulation Part 5 - Hours of Work and Statutory Holiday Pay

Section 19, 20, 21 - Repealed (BC Reg.307/2002)
Section 22 Rest periods for residential care workers
Section 23 - Repealed (BC Reg.196/2003)
Section 24 - Repealed (BC Reg.307/2002)


Regulation Part 6 - Interest and Penalties

Section 25 Interest on money owing by an employer
Section 26 Investigation without a complaint
Section 27 Interest on money received by the director
Section 28 - Repealed (BC Reg.307/2002)
Section 29 Administrative penalties


Regulation Part 7 - Variances and Exclusions

Section 30 How to apply for a variance
Section 30.1 - Spent
Section 31 Professions and occupations excluded from the Act
Section 32 Employees excluded from the Act
Section 33 Exclusions from Parts of the Act and this regulation
Section 34 Exclusions from hours of work and overtime requirements
Section 34.1 Hours of work and overtime for farm workers
Section 34.2 Hours of work and overtime for livestock brand inspectors
Section 35 Resident caretakers

Section 35.1 Election Workers
Section 36 Exclusion from statutory holiday pay requirements
Section 36.1 - Repealed (BC Reg.196/2003)
Section 37 Fishers
Section 37.1 Taxi drivers
Section 37.2 Logging truck drivers
Section 37.3 Truck drivers
Section 37.31 Container truckers
Section 37.4 Newspaper carriers
Section 37.5 Oil and gas field workers hourly rate of pay
Section 37.51 Oil and gas field first aid and camp catering workers
Section 37.6 Oil and gas field workers who are paid other than by an hourly rate
Section 37.61 Oil and gas field workers under section 37.6 – exclusion from section 36(1) of the Act
Section 37.62 Oil and gas field workers under section 37.6 - "regular salary"
Section 37.63 Oil and gas field workers under section 37.6 - paydays and bonus pay
Section 37.64 Oil and gas field workers under section 37.6 - overtime wages
Section 37.65 Oil and gas field workers under section 37.6 - rest periods and pay for interruption of rest periods
Section 37.7 Loggers working in interior
Section 37.8 Exclusions – high technology companies
Section 37.9 Silviculture workers
Section 37.10 - repealed Dec. 2002
Section 37.11 Municipal police recruits
Section 37.12 Aquaculture – fin fish workers
Section 37.13 Mining
Section 37.14 Commission sales
Section 37.15 Foster care
Section 37.16 Ice Hockey players
Section 38 Licensing of talent agencies
Section 38.1 Compliance requirements – talent agencies
Section 39 Exclusions from farm labour contractor licensing requirements
Section 40 Exclusions from payday requirements
Section 40.1 Exclusions from payday requirements for certain farm workers
Section 40.2 Exclusions from payment options for farm labour contractors
Section 41 - Repealed (BC Reg.307/2002)
Section 42 Exclusions from hours-of-work requirements
Section 43 Exclusions from minimum hours requirements
Section 44 Exclusions from overtime pay requirements
Section 45 Exclusions from liability provisions


Regulation Part 7.1 - Conditions of Employment for Children

Division 1 - Children Generally
Division 2 - Children in Recorded Entertainment Industry
Division 3 - Children in Live Entertainment Industry


Regulation Part 8 - Miscellaneous

Section 46 Production of records
Section 47 Complaints of contraventions of this regulation
Section 48 Definition - Associate chair
Section 49 Appeals in cases where the tribunal is the employer
Section 50 Enforcement of orders of associate chair
Section 51 Fee to search director's records


Appendices

Appendix 1 - Repealed (BC Reg.307/2002)
Appendix 2 - Repealed (BC Reg.307/2002)
Appendix 3 - Oil and Gas Well Drilling and Servicing Occupations - Hourly Rate of Pay
Appendix 4 - Oil and Gas Well Drilling and Servicing Occupations - Salary and Bonus Compensation System