Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 3 - WAGES, SPECIAL CLOTHING & RECORDS
ESA Section 30.2 – Enforcement of administrative fee
This section sets out the consequences of a farm labour contractor’s failure to pay an administrative fee ordered to be paid under section 30.1 of the Act.
30.2 (1) An administrative fee imposed under section 30.1 is a debt payable to the government.
(2) If a farm labour contractor fails to pay the administrative fee as required under section 30.1, the director may do one or more of the following:
(a) suspend, cancel or refuse to reinstate the farm labour contractor’s licence, or refuse to grant a new licence to the farm labour contractor, until the fee is paid;
(b) file with the Supreme Court a copy of the notice referred to in section 30.1(2).
(3) On being filed, the notice is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of the amount of the fee stated in the notice.
(4) Sections 79 and 98 do not apply to a contravention of section 30.1
This section sets out the consequences to the farm labour contractor of failing to pay an administrative fee required to be paid under section 30.1 of the Act.
Money collected by the director will be paid to the Minister of Finance.
If a farm labour contractor does not pay the administrative fee as set out in section 30.1, the director may suspend or cancel a farm labour contractor’s licence, refuse to reinstate a licence which has been cancelled, or refuse to grant a new licence until the fee is paid.
The director may also file a copy of the notice in Supreme Court.
Once a copy of the notice is filed in Supreme Court, it is enforceable in the same manner as a judgment of the Court in favour of the director for the recovery of the amount owing.
Collection may include, but is not limited to, execution of writs of seizure and sale, the registering of certificates of judgment against real property and the use of the collection procedures in the Court Order Enforcement Act.
A notice under section 30.1 is not a determination and the provisions of section 79 of the Act do not apply. Since it is not a determination, the appeal provisions relating to determinations do not apply. The director may vary or cancel a notice under the circumstances set out in section 30.1(4).
Since the notice is not a determination, it is not subject to a monetary penalty under section 98 of the Act.
Related sections of the Act or Regulation
- s.1, Definition “farm labour contractor”
- s.1, Definition “producer”
- s.13, Farm labour contractors must be licensed
- s.30.1 Liability of farm labour contractor for transportation costs
- s. 79, Determinations and consequences
- s. 98, Monetary penalties
- s.122, Service of determinations and demands
- s.1, Definition “farm worker”
- s.5, Licensing of Farm Labour Contractors
- s.5.1, Calculation of security
- s.6, Duties of farm labour contractors
- s.6.1, Additional duties of farm labour contractors – posting safety notices in vehicles
- s.6.2, Administrative fee – transportation costs
- s.7, Cancellation or suspension of farm labour contractor’s licence
- s.8, If there is a change of directors or officers
- s.9, Rules about licences
- s.10, If a licence is refused, cancelled or suspended
- s.11, Surrender of licence
- s.12, Appeals from the refusal, cancellation and suspension of a licence
- s.18, Minimum Wage – farm workers
- s.34.1, Farm workers
- s.39, Exclusions from farm labour contractor licensing requirements
- s.40.2, Exclusion from payment options for farm labour contractors