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Minimum Wage - Act Part 3, Section 16.1

Last updated on February 14, 2025

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section sets out the minimum wage that employers must pay their employees.

Text of Legislation

16.1. (1) Subject to subsection (2) and section 16.2, the minimum wage is $16.75 per hour.

(2) Subject to section 16.2, the minimum wage for a prescribed class of employees is the amount specified in, or calculated in accordance with, the regulations.

Policy Interpretation

Section 16.1 of the Employment Standards Act requires that employees must be paid at least the minimum wage modified by the annual adjustment calculation in section 16.2, Annual adjustment of minimum wage.

Employers must pay an employee at least the agreed-upon rate of pay. This rate of pay must meet or exceed the minimum wage rates as set out in this Act.

The minimum wage rate established in this Act will be the wage rate enforced by the director if

  • No agreement was reached between the parties on a wage rate
  • The wage rate agreed to between the parties can't be determined

Subsection (1)

The baseline for the minimum wage calculation is $16.75. Each year, this baseline is adjusted according to section 16.2, Annual adjustment of minimum wage.

As of June 1, 2024, the current minimum wage in British Columbia is $17.40. This is an increase from the rate of $16.75 that was in effect from June 1, 2023 until May 31, 2024.

  • June 1, 2025 – $17.85 per hour
  • June 1, 2024 – $17.40 per hour
  • June 1, 2023 – $16.75 per hour

Subsection (2)

All employees under the jurisdiction of the Employment Standards Act are entitled to receive at least the minimum hourly wage, except for workers who have minimum wage rates established under the following sections of the Employment Standards Regulation:  

These rates are also increased each year according to the calculation in section 16.2.

Exclusions

Under the Employment Standards Regulation, certain occupations and types of workers are excluded from the Employment Standards Act in its entirety, or from specified Parts or sections of the Act. Refer to Part 7 of the Regulation.

Commission sales

For the rules governing the payment of minimum wage to certain commission salespersons, refer to s.37.14 of the Employment Standards Regulation.

Employees covered by a collective agreement

Section 3 provides that parties to a collective agreement may not negotiate terms and conditions that do not meet or exceed the standards set out in section 16.1. Where there is a collective agreement, the enforcement of matters relating to section 16.1 is through the grievance procedure, not through the enforcement provisions of the Act.

Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

Minimum wage

Commission Sales