Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 14 - GENERAL PROVISIONS
ESA Section 117 – Director’s power to delegate
This section explains when and how a director may delegate authority. The section also explains what kind of proof a person must retain when delegated power by the director.
117. (1) Subject to subsection (2), the director may delegate to any person any of the director's functions, duties or powers under this Act, except the power to delegate under this section.
(2) and (3) [Repealed 2002-42-63.]
(4) A delegation under this section
(a) may be cancelled,
(b) does not, subject to subsection (3), prevent the director carrying out the delegated function, duty or power, and
(c) may be made subject to the terms the director considers appropriate.
(5) If the director ceases to hold office, a delegation made under this section continues in effect
(a) as long as the delegate continues in office, or
(b) until cancelled by a succeeding director.
(6) A person who claims to be carrying out a function, duty or power delegated by the director under this section must, on request, produce evidence of the delegation.
(ss.(2), (3) repealed)
The director may delegate functions, duties, and powers, which include the following:
- Conducting investigations, including entering the employer's premises;
- inspecting and questioning persons,; and
- inspecting, copying, and removing records
- Mediating disputes or otherwise assisting in settling a complaint or other matter being investigated, and receiving money on behalf of an employer or other person as a result of a settlement
- Adjudicating complaints and making determinations, and, in the case of a contravention of the Act, requiring the employer to pay wages, compensation, or expenses, or to reinstate an employee, or to limit hours of work of employees
- Enforcing determinations, including seizing assets, issuing third party demands, filing determinations in a Supreme Court registry, and enforcing them in the same manner as a court order
- Imposing penalties for contraventions of the Act or Regulation
- Granting variances under Part 9
- Issuing child employment permits, and licensing employment agencies and farm labour contractors.
Only the director has the power to delegate. However, a person may be appointed as the acting director where the director is absent or unable to act.
The director may choose to cancel any delegated function, duty or power. Any delegation does not restrict the director from carrying out the delegated function and the director may subject any delegation to terms she considers appropriate.
A delegation can be cancelled as a result of a delegate leaving office or a director cancelling the delegation.
A person carrying out a function, duty, or power delegated by the director will be provided with appropriate identification. The identification must be presented on request.
Related sections of the Act or Regulation
- s.9, Hiring Children
- s.12, Employment agencies must be licensed
- s.13, Farm labour contractors must be licensed
- s.72, Application for variance
- s.73, Power to grant variance
- s.76, Investigation after or without a complaint
- s.78, Settlement agreements
- s.79, Determination
- s.84, Director’s investigative powers and protections
- s.85, Entry and inspection powers
- s.89, Demand on a third party
- s.91, Determinations or order may be filed and enforced as judgement
- s.92, Seizure of assets
- s.98, Monetary penalties