Keyword Index

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

Legend:

37(1) Section 37, subsection (1), Employment Standards Act
R-5 Section 5, Regulation
AP-1 Regulation, Appendix 1
AP-2 Regulation, Appendix 2
ACT Employment Standards Act and Regulation (Introduction)
ESB Employment Standards Branch (Introduction)


#

6-month limit, payments from time bank, Section 42
7-year retention of payroll records, Section 29(3) - Repealed
7-year retention of statutory holiday agreements, Section 48
23 days interest-free after determination, Section 88
23 days interest-free after termination, Regulation 25
24-hours' notice of change in hours of work, Section 31(3) - Repealed
24 months recovery period for unpaid wages, Section 80
32-hours free from work, Section 36


A

Achievement Centres, Regulation 32
accommodation as wages, Regulation 14
accord and satisfaction, see settlements
accumulated time off, see time banks
Act, see Employment Standards Act
actor, see talent agencies

also see tribunal
definition, Section 1

adjustment committee, Section 71, Section 72
administration of Act, ACT
adopting parents leave, Section 51
advance on wages, Section 17, Section 21
advertisements, paying for, Section 10
affadavits, Section 85, Section 120
after an appeal is requested, Section 114
age of child workers, Section 9
agent, independent, see independent contractors, talent agencies
agricultural operations

processing of farm products, Regulation 1

alternative court or tribunal action

cannot start after determination made, Section 82
director not required to give evidence, Section 121
employee's right to sue preserved, Section 118
on complaints, Section 76(2)
restrictions on, Section 118
wrongful dismissal, Section 63(3)

alternative employment, Section 54, Section 65
amendments to this manual, HOW
anniversary date, see common anniversary date
annual vacations, see vacations
anonymous complaints, Section 75
appeal and inquiry powers (of tribunal)
appeals

authority of tribunal determinations suspended, Section 113
dismissal or referral of, Section 114
licence refusal, cancellation, suspension, Regulation 12
money deposited with director, Section 88
right to appeal director's determination, Section 112
where tribunal is employer, Regulation 49

application for variance, Section 72
aquaculture, Regulation 1
arbitration, Section 43, Section 49, Section 61, Section 69 - Repealed

hours of work, overtime, special clothing, Section 43 - Repealed
statutory holidays, Section 49 - Repealed
termination of employment, Section 69 - Repealed
vacation and vacation pay, Section 61 - Repealed

assets, also see liens

definition, Section 87
release of, Section 93
safekeeping of, Section 92
sale of by director, Section 92
sale of liened assets, Section 87, Section 97
seizure of, Section 92
wrongful removal of, Section 94

assignment of wages, Section 22

cancellation of, Section 24
employer's duty to pay, Section 23
for employee's benefit, Section 22(2)

associate chair, definition, Regulation 48
associated businesses, Section 95

common control or direction, Section 95
determinations against, Section 95
liability of, Section 95(b)
questions for association, Section 95
relationship between, Section 95(a)
attachment of debts, see demand on third party

authority of chair, Section 104
average weekly wages, see hours of work and overtime wages


B

Bank Act, Section 96(2)
banked time, see time bank
banking of overtime wages, Section 42
bankruptcy or insolvency, Section 1, Section 96(2)

compensation for length of service, Section 63, see group terminations, Section 64
employees covered by collective agreement, Section 22, Section 43, Section 49, Section 61, Section 69 - Repealed
group terminations, Section 64
termination entitlements under collective agreements, Section 69 - Repealed
termination of employees by Trustee, Section 97

bargaining unit, see trade unions or collective agreements
before employees' approval is obtained, Regulation 21
benefit plans

continuing while on leave or jury duty, Section 56
entitlement to upon sale of business, Section 97
honouring assignment of wages, Section 22, Section 23
vacation rights not offset by other benefits, Section 59

bereavement leave, Section 53
board and lodging, see room and board rates for domestics
Bonding Act, Section 100
bonding and securities, Section 100
bonuses as wages, Section 1
Branch program advisor, responsibility for manual, HOW
breaks

breaks, Section 32
number required, Section 32

burden of proof on employers

to prove employee 16 or older, Section 126
to prove employee asked to leave work early, Section 34
to prove employee consented to change in employment condition, Section 126
to prove employee has been paid, Section 126
to prove employee not terminated because of leave or pregnancy, Section 126
to prove just cause, Section 63(3)
to prove progressive discipline properly applied, Section 63(3)
to prove termination not due to complaint, Section 83

bus operator, definition, Regulation 1

exclusions from overtime pay requirements, Regulation 44(a)


C

call-in pay, see minimum daily hours
Canada Evidence Act, Section 120
Canada Labour Code, see federal jurisdiction
cancellation of assignment of wages, Section 24
cancellation or suspension

of employment agency licence, Regulation 4
of farm labour contractor's licence, Regulation 7

cause, see just cause
certificate of judgment against property, Section 87(5), Section 91
certificates, extraprovincial, Section 119
certificates, see determinations
certified documents, Section 126
certified mail, Section 122
chair of tribunal

appointment of, Section 102
authority of, Section 104

charges for hiring or providing information, Section 10
charitable foundation, definition, Regulation 1
charity

definition, Regulation 1
exclusion from liability provisions, Regulation 45
non-liability of corporate officers, Section 96

child employment, Section 9

see actor, talent agencies

child, leave for birth/death of, Section 50
civil action, see alternative court or tribunal action
clothing, see special clothing
collection action, Section 89, Section 90, Section 96(3)

collective agreements

flexible work schedules, Section 38 - Repealed (30 May 2002)
grievances for overtime, Section 41 - Repealed (29 Nov 2002)
if provisions meet or exceed Act, Section 3
individual layoff, Section 70 - Repealed (30 May 2002)
insolvency, Section 74
overtime for flexible work schedules, Section 41 - Repealed (29 Nov 2002)
statutory holidays, Section 49 - Repealed (30 May 2002)
termination of employment, Section 69 - Repealed (30 May 2002)
union employees treated differently under Act, Section 3, Section 4
vacation and vacation pay, Section 61 - Repealed (30 May 2002)

Commencement (of Act), Section 142
commissions

considered as wages, Section 1
minimum wage requirements, Section 16, Section 17
no offsets allowed, Section 17
payment of, Section 18
review of commission structures, Section 17
vacation pay, Section 58
when payable, Section 17

committee, adjustment, Section 71
common anniversary date for vacation entitlement, Section 60
common control or direction of associated businesses, Section 95
common date for calculating vacation entitlement, Section 60
common law rights

wrongful dismissal, Section 63(3)

Company Act, Section 96
compassionate care leave, Section 52.1
Compassionate Care Leave regulation
compensation and expenses of members, Section 103
compensation for termination

calculation, Section 63(4)

complaints

anonymous, Section 75
another proceeding on same matter, Section 76(2)
confidential, Section 75
determinations made, Section 79
director not obligated to investigate, Section 76(2)
dismissal of, Section 79(2)
frivolous, vexatious, trivial, not in good faith, Section 76(2)
how filed, Section 74
Human Rights case pending, Section 76(2)
information required for filing, Section 74
investigation of, Section 76(1)
investigation without complaint, Regulation 26
lack of evidence, Section 76(2)
of contraventions of this regulation, Regulation 47
reprisals against complainants, Section 83
settlement of, Section 78
technical irregularities, Section 123
time limits, Section 74, Section 76(2)
unrelated to Act, Section 76(2)

compliance with Act, Section 91, Section 100
conditions of employment

changed after sale of business, Section 63(5)
changes result in constructive dismissal, Section 66
child workers, Section 9

confidential complaints, Section 75
Consequential amendments, Sections 131-141
Constitution Act, 1867, Section 3
construction

definition, Section 1
distinguishing from service/maintenance, Section 1

constructive dismissal

caused by change in employment conditions, Section 63(5), Section 66
caused by reduction in wage rate, Section 16

Container Truckers, Section 37.31

continuation of employment after expiry of notice, Section 67(1)
continuing review of this Act, Section 7 - Repealed (14 Dec 2003)
continuous employment after sale of business, Section 97
contract of employment, see employment contract
contractors

farm labour, see farm labour contractors
independent, see independent contractors

contractual rights, Section 118
contraventions of Act

facts must be proven, Section 126
of this regulation, Regulation 47
offences prosecuted under Offence Act, Section 125
penalties for, Section 98
penalties for further contraventions, Regulation 29
publication of violators' names, Section 101
records requirements, Section 98
remedies available, Section 79
time limits for recovery of unpaid wages, Section 80

control and direction of employees, Section 1
corporate directors and officers, see directors and officers
corporate officer's liability for unpaid wages, Section 96
corporations

associated, Section 95
definition, Section 96

cost of business

employees not responsible to pay, Section 21
recoverable as wages, Section 1

court action, other, see alternative court or tribunal action
court, filing of documents, Section 91
Court Order Enforcement Act, Section 91, Section 119
credit obligation, Section 1, Section 22(4)


D

daily hours, minimum, Section 34
daily overtime, see overtime wages
daily pay, minimum, see minimum daily pay
damages, Section 79
day and working day, definition, Section 1
death of child, Section 52.4
debenture, see mortgage or debenture - see Section 87(5)
debts, see demand on third party
deceased employees, see employees, definition
deductibles for insurance, Section 22(1)
deductions from wages, Section 21, Section 22
definite term of employment, Section 65(1)
delegation powers of director, Section 117
demand on third party, Section 89

criteria for, Section 89(1)
failure to comply, Section 90
financial institutions indebted, Section 89(4)
payment schedule, Section 89(2)
receipt for money received, Section 89(3)
remains in effect till paid, Section 89(5)

demands, service of, Section 122
determinations

against associated businesses, Section 95
against failure to pay third party demand, Section 90
alternative court or tribunal action, Section 82
cancel or vary, Section 86
director may make, Section 79
director not obligated to make, Section 79(1), Section 79(2)
director's power to reconsider, Section 86
enforced as Supreme Court judgment, Section 91(2)
filed and enforced as judgment, Section 91
from other jurisdictions, Section 119
made when director satisfied of contravention, Section 126
may be suspended upon appeal, Section 113
must reference Section 79
remedies available, Section 79(3), Section 79(4)
right to appeal, Section 112
seizure of assets, Section 92
service of, Section 122
varied, cancelled, or suspended, Section 91(4)

direct deposit of wages, Section 20

farm labour contractors, Regulation 40.2

director cannot be required to give evidence in other proceedings, Section 121
director, corporate, definition, Section 96
director (ESB), definition, Section 1
director may determine employment has been terminated, Section 66

director's

authority to collect from third party, Section 89
determination may be suspended, Section 113
investigation powers and protections, Section 84
power of entry and inspection, Section 85, Section 120
power to delegate, Section 117
power to make determinations, Section 79
power to reconsider determination, Section 86
power under Inquiry Act, Section 84

directors and officers

change of, for farm labour contractors, Regulation 8
exclusion from liability provisions, Regulation 45
identifying, Section 96

disappearance of child, Section 52.3
discharge, see wrongful dismissal, or constructive dismissal
discipline, progressive, Section 63(3)
disclosure of complainant's identity, Section 75
disclosure of information, Section 101
disclosure of information in other proceedings, Section 121
dismissal, see wrongful dismissal, or constructive dismissal
dismissal of complaints, Section 79(2)
dismissal or referral of appeals, Section 114
disposal of assets, Section 94
disposal of business, Section 97, Section 98
domestics

definition, Section 1
registry, Regulation 13, Section 15
room and board rates, Regulation 14
written employment contract, Section 14

double jeopardy, see alternative court or tribunal action
double time, flexible work schedule, Section 40
dress code, Section 25
duties of employer, Section 54
duties of farm labour contractors, Regulation 6


E

educating public on Act and Regulation, Section 5
employee not to be mistreated because of complaint or investigation, Section 83
employees

cannot be located, Section 19
relationship to employers, Section 1
tests to identify independent contractors, Section 1
who owe money as employers, Section 99(8)
who owe money to employers, Section 21

employees of the tribunal, Section 105
employees excluded from the Act, Regulation 32, see professions and occupations excluded from the Act
employer's cost of business, see cost of business
employers, definition, Section 1
employer's duty to make assigned payments, Section 23
employers required to pay minimum wage, Section 16
employment

continuous after sale of business or assets, Section 97
employment agencies
accepting fees from, Section 11
cancellation or suspension of licence, Regulation 4
exclusion from licensing requirements, Regulation 38
licensing requirements, Section 12, Regulation 2
records requirements, Regulation 3
talent agencies

employment agencies must be licensed, Section 12
employment agency records, Regulation 3
employment conditions, see conditions of employment
employment contract

contractual rights, Section 118
for domestics, Section 14
payments to funds, insurers or others, Section 26

employment deemed continuous while employee on leave or jury duty, Section 56
Employment Standards Act

exclusions, Section 3
poster of employees' rights, Section 6 - Repealed (30 May 2002)
publicizing, Section 5
purpose of, ACT, Section 2
requirements cannot be waived, Section 4
review of, Section 7 - Repealed (14 Dec 2003)
scope of, ACT, Section 3

Employment Standards Act, previous

changes made in new Act, ACT
history, ESB
repeal of, ACT, Section 130

administration of Act, ACT

Collective Agreement Arbitration Bureau, ESB
director, definition, Section 1
enforcement of Employment Standards Act, ESB
Employment Standards Branch
history, ESB
Human Rights Act, ESB
Labour Relations Board, ESB
mandate of, ESB
program areas, ESB
Skills Development and Fair Wage Act, ESB

Employment Standards Tribunal, see tribunal
employment year

definition, Regulation 1
for calculating vacation pay, Section 58
enforcement of Act
collection from officers/directors, Section 96(3)
filing of determinations, Section 91(1)
liens for unpaid wages, Section 87
reciprocal enforcement of judgments, Section 119
recovery of third party demand, Section 90
wrongful removal of assets, Section 94

enforcement of orders from other jurisdictions, Section 119
enforcement of orders of associate chair, Regulation 50
Enquiry B.C., ESB
entities, association of, see associated businesses
entitlements of employees

after sale of business or assets, Section 97
annual vacation, Section 57
compensation pay or notice, Section 63
domestics, Section 14
leaves of absence, Section 54
minimum daily hours, Section 34
parental/pregnancy leave, Section 51
poster for employers, Section 6 - Repealed (30 May 2002)
statutory holidays, Section 44
termination pay or notice, Section 64
vacation pay, Section 58
wages, Section 1

entry and inspection powers, Section 85
entry to private residence, Section 85, Section 109 
errors in complaints or proceedings, Section 123
establishment of tribunal, Section 102
Estate Administration Act, Section 99(5)
Evidence Act, Section 126
evidence and burden of proof, Section 126
evidentiary requirements of enforcement or appeal, Section 126
exceptions to termination entitlements, Section 65

change in circumstances, Section 65(1)
construction work, Section 65(1)
definite term of employment, Section 65(1)
employees who refuse alternate employment, Section 65(1)
other exceptions, Section 65(4)
specific work, Section 65(1)
teachers, employees with collective agreement, Section 65(3)
temporary work, Section 65

excessive hours

director may restrict, Section 39
notice to be posted, Section 81
remedies for, Section 79(6)

exclusions from Act, Section 3

bus operator, truck driver, miner, first aid attendant, Regulation 44
by Regulation, Section 3
employment agency licensing requirements, Regulation 38
farm labour contractor licensing requirements, Regulation 39
federal jurisdiction, Section 3
fishers, Regulation 37
hours of work and overtime requirements, Regulation 34
hours of work notice requirements, Regulation 41 - Repealed (BC Reg.307/2002)
hours of work requirements, Regulation 42
liability provisions, Regulation 45
list of, by Regulation, Section 3
minimum hours requirements, Regulation 43
nursing student, volunteer fire fighter, Regulation 33
overtime pay requirements, Regulation 44
overview of, ACT
Parts of the Act and this regulation, Regulation 33
payday requirements, Regulation 40
professions and occupations excluded, Regulation 31
resident caretakers, Regulation 35
statutory holiday pay requirements, Regulation 36
students, sitters, newspaper carriers, UIC/GAIN recipients, Regulation 32
taxicab drivers, Regulation 37.1
teachers, counsellors, tutors, Regulation 40
training programs, Regulation 32

executive capacity of managers, Regulation 1
expenses of tribunal members, Section 103
expenses (travel, etc.) see wages
expiry date of variances, Section 72
extraprovincial certificates, Section 112, Section 119


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 the 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 company, Regulation 37.8
high technology professional, Regulation 37.8
hockey players, Regulation 37.16
holiday pay, see statutory holiday pay, 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)


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
Hotel 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, 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
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
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)


P

panels of the tribunal, Section 106
parental leave, Section 51

changes in duration of leave, Section 51
multiple adoptions and births, Section 51
request for leave, Section 51
timing and duration of leave, Section 51

partnerships, see associated businesses
paybacks, Section 11
paydays

advances on, Section 17
exclusion from requirements, Regulation 40
frequency and timing of, Section 17
when commissions payable, Section 17

payments

accepting on behalf of employees, Section 99
deductions from wages, Section 21
direct/indirect, Section 21
employer must make assigned payments, Section 23
for employer's cost of business, Section 21
for finding employment, Section 10
interest, Section 88
methods to pay wages, Section 20
no offsets allowed on termination entitlements, Section 68(1)
overpayments, Section 21
remedies of contraventions of Act, Section 79
rules about, Section 68
to funds, insurers or others, Section 26
vacation pay, Section 58(2)

pay period

definition, Section 1
variance for, Section 72(b)

payroll deductions, Section 22
payroll records

definition, Section 1
employers required to keep, Section 28
farm labour contractors, Section 29 - Repealed (30 July 2002)
for managers, Section 28
information required, Section 28(1)
information required, farm labour contractors, Section 29(2) - Repealed (30 July 2002)
inspection of by director, Section 85
retained for 7 years, Section 29(3) - Repealed (30 July 2002)
where kept, Section 28(2)

penalties

contravening a record requirement, Regulation 28 - Repealed (BC Reg.307/2002)
contraventions of this regulation, Regulation 47
definition, Section 1
director's authority to impose, Section 98
further contraventions, Regulation 29
how imposed, Regulation 28 - Repealed (BC Reg.307/2002)
liability for when business disposed of, Section 98
liability of individuals, Section 98
multiple business locations, Section 98
provisions for, Appendix 2 - Repealed (BC Reg.307/2002)
transition from previous Act, Section 98
under Offence Act, Section 125

pension plans, see benefit plans
performers, Section 12
periods free from work, see hours free from work
permanency test for identifying employees, Section 1
permit for child workers, Section 9
Personal Property Security Act, Section 87(4)
piece work, Section 28(1)(c)
poster of employees' rights, Section 6 - Repealed (30 May 2002)
posting, see notice
power to grant variance, Section 73
power to make regulations, Section 127
power to reconsider, Section 86
powers of director / tribunal, see director, or tribunal
pregnancy leave, Section 50

changes in duration of leave, Section 50
death of child, Section 50
delayed birth, Section 50
duration of leave, Section 50
early birth, Section 50
multiple births, Section 50
request for leave, Section 50
termination of pregnancy, Section 50

prime lending rate

also see interest
definition, Regulation 1

priority

director's liens over liens of Personal Property Security Act, Section 87(4)
director's liens over other claims, Section 87(3)
for disbursement of money collected, Section 99(2)
for employee's share of payout, Section 99(5)
mortgage or debenture over director's liens, Section 87(5)

private residence, entry to, Section 85, Section 109, Section 120
proceedings of tribunal, Section 107 Repealed (15 Oct 2004)
proceedings, other, see alternative court or tribunal action
producer

definition, Section 1
liable for unpaid wages, Section 30
payroll records from farm labour contractors, Section 29 - Repealed (30 July 2002)

producer and farm labour contractor are liable for unpaid wages, Section 30
producer to receive farm labour contractor's payroll records, Section 29 - Repealed (30 July 2002)
production of records, Regulation 46
professions and occupations excluded from the Act, Regulation 31
profit, chance of, for identifying employees, Section 1
profit sharing, see wages
progressive discipline, Section 63(3)
promoting awareness of employment standards, Section 5
proof, burden of, see burden of proof on employers
proprietorships, see associated businesses
prosecutions, see contraventions of Act
protective clothing, Section 25
provisions for penalties, Appendix 2 - Repealed (BC Reg.307/2002)
public holidays, see statutory holidays
Public Service Labour Relations Act, Section 1
publication of decisions (tribunal), Section 111 Repealed (15 Oct 2004)
publication of violators' names, Section 101
publicizing Act and Regulation, Section 5
purposes of the Act, Section 2


R

reasonable alternative employment, see alternative employment
recall, right of, see right of recall
receipt issued by director, Section 19, Section 89(3)
Receiver/Receiver Manager, Section 97
receivership, Section 97
reciprocal agreements

under Court Order Enforcement Act, Section 91, Section 119
with other jurisdictions, Section 119

reciprocating jurisdictions, Section 119
reconsideration of orders and decisions, Section 116
records, inspection of by director, Section 85
records, inspection of by tribunal, Section 109
records requirements

employment agencies, Regulation 3
penalty for contravention, Section 98, Regulation 28 - Repealed (BC Reg.307/2002)
production and delivery of records, Regulation 46
records to be kept, Regulation 28 - Repealed (BC Reg.307/2002)
statutory holiday substitution agreements retained for 7 years, Section 48
time bank, Section 42

recovery of wages, Section 80, Section 90
register of employees working in residences, Section 15
registered mail, Section 122
Registrar of Companies, Section 96
registry for domestic workers and textile workers, Regulation 13
registry information, Regulation 13
regular wages, also see wages

definition, Section 1

regulations

also see Employment Standards Act
by Lieutenant Governor in Council, Section 127
cross-references to applicable Act sections, Section 127
location in manual, HOW
power to make, Section 127
types that can be made, Section 127

rehabilitation, Regulation 32
reinstatement, Section 79(4)
related employers, see associated businesses
release of assets, Section 93
releases from Act, Section 4
remedies, options available, Section 79(4)
removal of assets, wrongful, Section 94
removal of documents by director, Section 85
removal of documents by tribunal, Section 109
reprisals against complainants, Section 83
requirements of this Act cannot be waived, Section 4
reservists' leave, Section 52.2
Reservists' Leave Regulation
resident caretakers

definition, Regulation 1
designation of, Regulation 1
excluded from Act, Regulation 35
minimum wage, Regulation 17

residential care workers

definition, Regulation 1
rest periods, Regulation 22

resignation from change in conditions of employment, Section 66 
resignation notice, Section 63(3)
rest periods

also see breaks
interruption of for residential care workers, Regulation 22(2)
residential care workers, Regulation 22

restrictions on hours of work, Section 35
retaliation against complainants, Section 83
retirement, see resignation
review committee to review Act, Section 7 - Repealed (14 Dec 2003)
review of commission structures, Section 17
reviews, see appeals
revisions to this manual, HOW

right of recall

temporary layoff, Section 1
under collective agreement, Section 70(1) - Repealed (30 May 2002)

right to appeal director's determination, Section 112
right to sue preserved, Section 118
Rights and Responsibilities in a Changing Workplace, ACT
room and board for domestics Regulation 14
RRSPs, deductions for, Section 22(1)
rules about licences, Regulation 9
rules about notice, Section 67
rules about payments, Section 68


S

safety apparel, Section 25
salaries as wages, Section 1
sale of business

bankruptcy, Section 97
effects of, Section 97
employment deemed continuous, Section 63(5), Section 97
liability for penalties, Section 98
receivership, Section 97
termination of employees, Section 63(5)

sale of business or assets, Section 97
same-sex partners, Section 1, Section 51
School Act, Section 1, Regulation 1, Sections 131-141
school day, definition, Section 34
schools

exclusions from minimum hours requirements, Regulation 43 - Repealed (30 May 2002)
independent, Regulation 1

scope of this Act, Section 3
security to ensure compliance, Section 100
seizure of assets, Section 92
senior officer, definition, Section 96
seniority, see length of service
service of determination notice, Section 81
service of determinations and demands, Section 122
setoff from wages, Section 22(4)
settlements

director may accept, Section 78(1)
director not bound by, Section 78(3)
guidelines for, Section 78

severance pay, see compensation for termination, termination pay
shifts

notice of change in shift, Section 72(d)
for high technology company employee, Regulation 37.8(4)
overtime payable for split shifts, Section 33
shift schedule stated in variances, Section 72(h), Regulation 30
split, Section 33

sick leave, Section 59
sitters

definition, Regulation 1
excluded from Act, Regulation 32

Skills Development and Fair Wage Act

amendments to, Sections 131-141

enforcement of, ESB
history, ESB
overview of, ESB
responsibility for, ESB

small claims court, see alternative court or tribunal action
Social Service Tax Act, Sections 131-141
Society Act, Regulation 1
special clothing

agreement for cleaning/maintenance, Section 25(2)
cleaning and maintenance of, Section 25
cost of, Section 25
costs considered as wages, Section 25(3)
definition, Section 1
distinguishing from dress code, Section 25
variance for, Section 25, Section 72(c)

split shifts, Section 33
spouse, see immediate family, see common-law spouse
standards for those covered by collective agreement,  Section 49
statement of employees' rights, Section 6 - Repealed (30 May 2002)
statement of wages, Section 27
statutes, see legislation, other
statutory declaration, Section 85, Section 109
statutory holiday pay

calculating pro-rata, Regulation 24 - Repealed (BC Reg.307/2002)
employer must pay, Section 45
exclusion from requirements, Regulation 36
how to calculate, Section 45

statutory holidays

calculating weekly overtime hours, Section 40(4)
collective agreement provisions, Section 49 - Repealed (30 May 2002)
compensation for, Section 46
day off in lieu, Section 46
definition, Section 1
employee entitlements, Section 44
employee required to work, Section 46
entitlement to upon sale of business, Section 97
falling on regular day off, Section 47 - Repealed (Nov 2002)
keep records of agreements for substitution retained for 2 years, Section 48
list of, Section 1, Section 44
substituting another day off, Section 48
time bank credit, Section 42

statutory liens, see liens
statutory rights, see minimum standards
strikes, Section 67(1)
students

also see school student
excluded from Act, Regulation 32
minimum daily hours, Section 34

substituting another day for a statutory holiday, Section 48
successorship, Section 97
supervisors, see managers
supported employment, Regulation 32
supported work, Regulation 32
Supreme Court of Canada, Section 3
Supreme Court judges, Section 84
Supreme Court judgments, determinations enforceable as, Section 91(2)
Supreme Court registry, Section 91
surrender of licence, Regulation 11
suspension of determination upon appeal, Section 113
suspension of employment agency licence, Regulation 4
suspension of farm labour contractor's licence, Regulation 7


T

talent agencies, Regulation 1, Regulation 38, Regulation 38.1
taxicab drivers, exclusions Regulation 37.1
teacher, definition, Regulation 1
technical irregularities in proceedings, Section 123
temporary layoff, definition, Section 1

failure to return to work after layoff, Section 65(4)(c)
payment of wages, Section 18
right of recall, Section 1
termination if exceeded, Section 63(5)
termination of employment, definition, Section 1
variance for, Section 72(a)
week of layoff, definition, Section 62

temporary work, Section 65
tender vessel worker, definition, Regulation 1
termination entitlements, exceptions to, Section 65
termination of employment

adjustment committee, Section 71
compensation or notice required, Section 63
compensation under collective agreement, Section 70(1) - Repealed (30 May 2002)
definition, Section 1
group terminations, Section 64
individual terminations, Section 63
individual, under collective agreement, Section 70(1) - Repealed (30 May 2002)
interest on money owing by employer, Regulation 25
sale of business, Section 63, Section 97
under collective agreements, Section 69 - Repealed (30 May 2002)

termination pay

acceptance of under collective agreement, Section 70 - Repealed (30 May 2002)
definition, Section 1
interest on, under collective agreement, Section 70 - Repealed (30 May 2002)
under collective agreement, Section 70 - Repealed (30 May 2002)

terms of employment, see conditions of employment
textile worker, definition, Regulation 1
third party demand, see demand on third party
time and a half, flexible work schedule, Section 40
time banks

definition, Section 1
overtime wages, Section 42
paying out banked money, Section 42
records requirements, Section 42
statutory holiday pay, Section 42
vacation pay on overtime, Section 42

time limits

collecting vacation pay, Section 58
for filing complaints, Section 74
for initiating proceedings, Section 124
for recovery of unpaid wages, Section 80
payment of outstanding wages, Section 18
retention of payroll records, Section 29(3) - Repealed (30 July 2002)

tips, see gratuities
tools, ownership of, for identifying employees, Section 1
trade unions

assignment of wages to, Section 22(3)
collective agreements, Section 1
definition, Section 1
flexible work schedules, Section 38 - Repealed (30 May 2002)
provisions for termination of employment, Section 69 - Repealed (30 May 2002)

training

defined as employment, Section 1
defined as work, Section 1

training programs, Regulation 32
transfer of business, see sale of business
transition

changes from old Act, ACT
penalties for contravening a record requirement, Regulation 28 - Repealed (BC Reg.307/2002)
penalties for further contraventions, Regulation 29

travel expenses, see wages
travel time, wages for, Section 1
trial period, Section 63(1)
tribunal

appeals where tribunal is employer, Regulation 49
appointments of employees, Section 105
appointments to, Section 102
associate chair, definition, Regulation 48
authority of chair, Section 104
compensation and expenses of members, Section 103
determinations suspended, Section 113
dismissal or referral of appeals, Section 114
employees of, Section 105
enforcement of orders of associate chair, Regulation 50
establishment of, Section 102
inspection of records, Section 109
orders, Section 115
orders binding, Section 110
orders enforced as Supreme Court judgment, Section 91(3)
orders varied, cancelled, or suspended, Section 91(4)
organization of, Section 106
other powers of, Section 109
panels established by, Section 106
powers under Inquiry Act
proceedings of, Section 107 Repealed (15 Oct 2004)
reconsideration of orders and decisions, Section 116
review of decisions, Section 110

truck drivers, Regulation 37.3
trust money, held by director for employees, Section 99(3)


U

UIC recipients excluded from Act, Regulation 32
uniforms, Section 25
unions, see trade unions


V

vacation pay

calculating for common anniversary date, Section 60
calculation of, Section 58
collective agreements, Section 61 - Repealed (30 May 2002)
commission earnings, Section 58
entitlement to, Section 58
in excess of minimum standards, Section 58
payment of upon sale of business, Section 97
percent of gross earnings, Section 58(1)
salaries as vacation pay, Section 58
termination, Section 58(3)
time bank credit, Section 42
time limits for collecting, Section 58
timing of payment, Section 58(2)

vacations

collective agreements, Section 61 - Repealed (30 May 2002)
common anniversary date, Section 60
employment deemed continuous, Section 57(1)
entitlement to, Section 57
entitlement to upon sale of business, Section 97
in advance, Section 59
in excess of minimum standards, Section 57(1)
length, Section 57(1)
minimum length, Section 57(3)
minimum standard, Section 59
not granted, Section 57(1)
statutory holiday during, Section 57(4)
timing, Section 57(2)

Vancouver Charter, Sections 131-141
variances

affected employees governed by, Section 73(1)
application for, Section 72, Regulation 30
consistent with Act, Section 73(1)
group termination requirements, Regulation 30.1 - Spent
hours free from work, Section 72(g)
information required in application, Regulation 30
majority of employees must agree, Section 73(1)
minimum hours of work, Section 72(e)
notice of change in shift, Section 72(d)
notice of termination, Section 72(i)
overtime wages, flexible work schedule, Section 72(f)
overtime wages, no flexible work schedule, Section 72(h)
pay period, Section 72(b)
power to grant, Section 73
special clothing, Section 72(c)
temporary layoff, Section 72(a)
terms of, set by director, Section 73
transition from previous Act, Section 72

vehicles of farm labour contractors, Regulation 6 - Repealed (30 May 2002)
violations of Act, see contraventions of Act
voluntary payments, see settlements


W

wage statements

breakdown of wages and deductions, Section 27(1)
cancellation of electronic statement, Section 27(3)
electronic, Section 27(2)
when not required, Section 27(4)

wages

advance on, Section 21
assignment of, Section 22
calculating amounts owed by officers/directors, Section 96
calculating interest for, Section 80
calculating overtime, Section 40
cancellation of assignment of, Section 24
collection from third party, Section 90(1)
deductions from, Section 21
definition, Section 1, Section 18
garnishment from, Section 21
liability for payment, Section 30
liability for upon sale of business, Section 97
liability of associated businesses, Section 95
liability of corporate officer, Section 96(1)
methods of payment allowed, Section 20
minimum daily hours, Section 34
minimum wage requirements, Section 16
non-wages, Section 1
overpayments, Section 21
payment of at termination, Section 18
payment of commissions, Section 18
protection of, if employee can't be located, Section 19
recovery of costs, Section 21(3)
recovery of without complaint, Section 80
regular, definition, Section 1
statement of, Section 27
time limits for recovery, Section 80
travel time, Section 1
used to calculate vacation pay, Section 58

waivers from Act not allowed, Section 4
warrant to carry out inspection powers, Section 120
Waste Management Amendment Act, Sections 131-141
week, definition, Section 1
week of layoff, definition, Section 62
weekly overtime, calculating, Section 40
wilderness guide,

definition, Regulation 1
excluded from hours of work and overtime requirements, Regulation 34(a.1)

witnesses, Section 84

work, definition, Section 1
work location, residence, Section 1
Workers' Compensation Act, Sections 131-141
working day, see day and working day
writ of seizure and sale, Section 91, Section 92
written employment contract required for domestics, Section 14
wrongful dismissal, Section 63(3)
wrongful removal of assets, Section 94


Y

year of employment, see employment year