Keyword Index: A to E

Effective 31/04/04
Revised N/A

Link to Keyword Index: F to O or P to Z or scroll A to E (below) or click on letter to link directly to index section: 

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
[ Return to Table of Contents ]

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)
HOW How to Use the Manual (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7-year retention of payroll records, Section 29(3) - Repealed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24-hours' notice of change in hours of work, Section 31(3) - Repealed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



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)

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



Bank Act, Section 96(2)
banked time, see time bank
banking of overtime wages, Section 42
bankrupcty 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, Section 32
number required, Section 32

burden of proof on employers

to prove employee 15 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)



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

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

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)


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

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

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

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)



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

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, Section 128
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
director may determine employment has been terminated, Section 66


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

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



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

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

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

enactment of, Section 128
exclusions, Section 3
fair application of, Section 128
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
effect of new Act on previous decisions, Section 128

history, ESB

repeal of, ACT, Section 130
Employment Standards Branch

administration of Act, ACT

Collective Agreement Arbitration Bureau, ESB
director, definition, Section 1
enforcement of Employment Standards Act, ESB
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