BC Employment Standards Act

Contents
Section
Part 1 — Introductory Provisions
	1	Definitions
	2	Purposes of this Act
	3	Scope of this Act
	4	Requirements of this Act cannot be waived
	5	Promoting awareness of employment standards
	6	Repealed
	7	Repealed
Part 2 — Hiring Employees
	8	No false representations
	9	Hiring children
	10	No charge for hiring or providing information
	11	No fees to other persons
	12	Employment and talent agencies must be licensed
	13	Farm labour contractors must be licensed
	14	Written employment contract required for domestics
	15	Register of employees working in residences
Part 3 — Wages, Special Clothing and Records
	16	Employers required to pay minimum wage
	17	Paydays
	18	If employment is terminated
	19	If employee cannot be located
	20	How wages are paid
	21	Deductions
	22	Assignments
	23	Employer’s duty to make assigned payments
	24	How an assignment is cancelled
	25	Special clothing
	26	Payments by employer to funds, insurers or others
	27	Wage statements
	28	Payroll records
	29	Repealed
	30	Producer and farm labour contractor are liable for unpaid wages
	30.1	Liability of farm labour contractor for transportation costs
	30.2	Enforcement of administrative fee
Part 4 — Hours of Work and Overtime
	31	Repealed
	32	Meal breaks
	33	Split shifts
	34	Minimum daily hours
	35	Maximum hours of work before overtime applies
	36	Hours free from work
	37	Agreements to average hours of work
	38	Repealed
	39	No excessive hours
	40	Overtime wages for employees not working under an averaging agreement
	41	Repealed
	42	Banking of overtime wages
	43	Repealed
Part 5 — Statutory Holidays
	44	Entitlement to statutory holiday
	45	Statutory holiday pay
	46	If employee is required to work on statutory holiday
	47	Repealed
	48	Substituting another day for a statutory holiday
	49	Repealed
Part 6 — Leaves and Jury Duty
	50	Pregnancy leave
	51	Parental leave
	52	Family responsibility leave
	52.1	Compassionate care leave
	52.2	Reservists’ leave
	53	Bereavement leave
	54	Duties of employer
	55	Jury duty
	56	Employment deemed continuous while employee on leave or jury duty
Part 7 — Annual Vacation
	57	Entitlement to annual vacation
	58	Vacation pay
	59	Other payments or benefits do not affect vacation rights
	60	Common date for calculating vacation entitlement
	61	Repealed
Part 8 — Termination of Employment
	62	Definition
	63	Liability resulting from length of service
	64	Group terminations
	65	Exceptions
	66	Director may determine employment has been terminated
	67	Rules about notice
	68	Rules about payments
	69-70	Repealed
	71	Adjustment committee
Part 9 — Variances
	72	Application for variance
	73	Power to grant variance
Part 10 — Complaints, Investigations and Determinations
	74	Complaint and time limit
	75	If complainant requests identity be kept confidential
	76	Investigations
	77	Opportunity to respond
	78	Settlement agreements
	79	Determinations and consequences
	80	Limit on amount of wages required to be paid
	81	Notifying others of determination
	82	No other proceedings
	83	Employee not to be mistreated because of complaint or investigation
	84	Power to compel persons to answer questions and order disclosure
	84.1	Maintenance of order at hearings
	84.2	Contempt proceeding for uncooperative person
	84.3	Immunity protection
	85	Entry and inspection powers
	86	Power to reconsider
	86.1	No jurisdiction to determine constitutional question
	86.2	Director without jurisdiction to apply the Human Rights Code
Part 11 — Enforcement
	87	Lien for unpaid wages
	88	Payment of interest
	89	Demand on third party
	90	Failure to comply with demand
	91	Determination or order may be filed and enforced as judgment
	92	Seizure of assets
	93	Release of assets
	94	Wrongful removal of seized assets
	95	Associated employers
	96	Corporate officer’s liability for unpaid wages
	97	Sale of business or assets
	98	Monetary penalties
	99	If money is paid to director
	100	Security to ensure compliance
	101	Publication of violators’ names
Part 12 — Employment Standards Tribunal
	102	Employment Standards Tribunal continued
	103	Application of Administrative Tribunals Act
	104	Chair may delegate authority
	105	Employees
	106	Organization of tribunal
	107-108	Repealed
	109	Other powers of tribunal
	110	Exclusive jurisdiction of tribunal
	111	Repealed
Part 13 — Appeals
	112	Appeal of director’s determination
	113	Director’s determination may be suspended
	114	After an appeal is requested
	115	Tribunal’s orders
	116	Reconsideration of orders and decisions
Part 14 — General Provisions
	117	Director’s power to delegate
	118	Right to sue preserved
	119	Extraprovincial certificates
	120	Warrant to carry out inspection powers
	121	Director cannot be required to give evidence in other proceedings
	122	Service of determinations, demands and notices
	123	Irregularities
	124	Limitation period
	125	Offences
	126	Evidence and burden of proof
	127	Power to make regulations
Part 15 — Transitional and Consequential Provisions
	128	Transition from former Act
	129	Transitional regulations