Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 8 - MISCELLANEOUS
ESR Section 46 – Production of records
This section outlines the responsibilities of a person to produce records when required by the director to do so.
46. (1) A person who is required under section 85 (1) (f) of the Act to produce or deliver records to the director must produce or deliver the records as and when required.
(2) No person may restrict or attempt to restrict the director from making an entry under section 85 (1) (a) of the Act.
These provisions clarify the authority of the director to require any person to produce documents considered necessary to an investigation, including those that may assist in the recovery of wages, or to ensure compliance under the Act as established in s.85 of the Act. Subsection 85(f) also allows the director to set the time and place where records are to be delivered.
Failure to produce records, as required by the director, may result in the issuance of a determination under s.79 of the Act. The determination will include an escalating monetary penalty, subject to s.98 of the Act and s.29 of this Regulation.
This regulation also prohibits any person from attempting to restrict the director’s access into work places under s.85 of the Act.
Related sections of the Act or Regulation
- s.1, Definition, “penalty”
- s.28, Payroll records
- s.79, Determinations and consequences
- s.85, Entry and inspection powers
- s.98. Monetary penalties