Guide to the Employment Standards Act and Regulation
This guide is an interpretation of the B.C. Employment Standards Act and Regulation to help provide a clear understanding of the law. It is not a legal document and should not be used as a substitute for legal counsel.
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Employment Standards Act
- Part 1 — Introductory Provisions
- Part 2 — Hiring Employees
- Part 3 — Wages, Special Clothing, Records and Gratuities
- Part 4 — Hours of Work and Overtime
- Part 5 — Statutory Holidays
- Part 6 — Leaves and Jury Duty
- Part 7 — Annual Vacation
- Part 8 — Termination of Employment
- Part 9 — Variances
- Part 10 — Complaints, Investigations and Determinations
- Part 11 — Enforcement
- Part 12 — Employment Standards Tribunal
- Part 13 — Appeals
- Part 14 — General Provisions
Employment Standards Regulation
- Part 1 — Interpretation
- Part 2 — Employment Agencies and Farm Labour Contractors
- Part 3 — Employees Working in Residences
- Part 4 — Minimum Wages
- Part 5 — Hours of Work and Statutory Holiday Pay
- Part 6 — Interest and Penalties
- Part 7 — Variances and Exclusions
- Part 7.01 — Matters Related to COVID-19
- Part 7.1 — Conditions of Employment for Children
- 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 Informing employees of their rights
- Section 7 Repealed (B.C. Reg. 431/03)
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 and Gratuities
- 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
- Section 30.3 Gratuities
- Section 30.4 Redistribution of gratuities
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 (B.C. Reg. 307/02)
- 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 (B.C. Reg. 307/02)
- Section 48 Substituting another day for a statutory holiday
- Section 49 Repealed (30 May 2002)
Act Part 6 — Leaves and Jury Duty
- Section 49.1 Illness or injury leave
- Section 50 Maternity leave
- Section 51 Parental leave
- Section 52 Family responsibility leave
- Section 52.1 Compassionate care leave
- Section 52.11 Critical illness or injury leave
- Section 52.12 COVID-19-related leave
- Section 52.2 Reservists' leave
- Section 52.3 Leave respecting disappearance of child
- Section 52.4 Leave respecting death of child
- Section 52.5 Leave respecting domestic or sexual violence
- 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
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 Repealed (B.C. Reg. 425/04)
- Section 108 Repealed (B.C. Reg. 425/04)
- Section 109 Other powers of tribunal
- Section 110 Finality of tribunal’s decisions and orders
- Section 111 Repealed (B.C. 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
Employment Standards Regulation
Regulation Part 1 — Interpretation
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
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 Repealed (B.C. Reg. 307/2002)
- Section 20 Repealed (B.C. Reg. 307/2002)
- Section 21 Repealed (B.C. Reg. 307/2002)
- Section 22 Rest periods for residential care workers
- Section 23 Repealed (B.C. Reg. 196/2003)
- Section 24 Repealed (B.C. 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 (B.C. 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 30.2 How to apply for a variance - duration of temporary layoff
- 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 (B.C 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 (B.C. Reg. 396/95)
- 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 (B.C. 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 7.01 — Matters Related to COVID-19
- Section 45.01 Exclusions during COVID-19 emergency
- Section 45.02 Prescribed matters for COVID-19 - persons
- Section 45.03 Prescribed matters for COVID-19 - situations
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 (B.C. Reg. 307/2002)
- Appendix 2 Repealed (B.C. 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
