Employment Standards Act, RSBC 1996, c 113 PDF

2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII Employment Standards Act, RSBC 1996, c 113  Current version: in force since Sep 3, 2024 Link to this https://canlii.ca/t/56c3s version:...

2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII Employment Standards Act, RSBC 1996, c 113  Current version: in force since Sep 3, 2024 Link to this https://canlii.ca/t/56c3s version: Citation to this Employment Standards Act, RSBC 1996, c 113, version: retrieved on 2025-02-11 Currency: This statute is current to 2025-01-28 according to the BC Laws site Copyright © King's Printer, Victoria, British Columbia, Canada This Act is current to September 17, 2024 See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. EMPLOYMENT STANDARDS ACT [RSBC 1996] CHAPTER 113 Part 1 — Introductory Provisions https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 1/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII Definitions 1 (1) In this Act: "assignment of wages" includes a written authorization to pay all or part of an employee's wages to another person; "collective agreement" means the same as in the Fishing Collective Bargaining Act, the Labour Relations Code, or the Public Service Labour Relations Act; "conditions of employment" means all matters and circumstances that in any way affect the employment relationship of employers and employees; "construction" means the construction, renovation, repair or demolition of property or the alteration or improvement of land; "day" means (a) a 24 hour period ending at midnight, or (b) in relation to an employee's shift that continues over midnight, the 24 hour period beginning at the start of the employee's shift; "determination" means any decision made by the director under section 30 (2), 66, 68 (3), 73, 74 (5), 76 (1.1) or (3), 79, 80 (3), 100 or 119; "director" means the Director of Employment Standards appointed under the Public Service Act and, in relation to a function, duty or power that the director has under section 117 of this Act delegated to another person, "director" includes that other person; https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 2/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII "domestic worker" means a person who is employed at an employer's private residence to provide cooking, cleaning, child care or other prescribed services; "employee" includes (a) a person, including a deceased person, receiving or entitled to wages for work performed for another, (b) a person an employer allows, directly or indirectly, to perform work normally performed by an employee, (c) a person being trained by an employer for the employer's business, (d) a person on leave from an employer, and (e) a person who has a right of recall; "employer" includes a person (a) who has or had control or direction of an employee, or (b) who is or was responsible, directly or indirectly, for the employment of an employee; "employment agency" means a person who, for a fee and for employers, recruits or offers to recruit employees, except employees (a) who are foreign nationals, as defined in the Temporary Foreign Worker Protection Act, and (b) to whom recruitment services, as defined in that Act, must be provided in accordance with that Act; https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 3/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII "farm labour contractor" means an employer whose employees work, for or under the control or direction of another person, in connection with the planting, cultivating or harvesting of an agricultural product; "former Act" means the Employment Standards Act, S.B.C. 1980, c. 10; "gratuity" means (a) a payment voluntarily made to or left for an employee by a customer of the employee's employer in circumstances in which a reasonable person would be likely to infer that the customer intended or assumed that the payment would be kept by the employee or shared by the employee with other employees, (b) a payment voluntarily made to an employer by a customer in circumstances in which a reasonable person would be likely to infer that the customer intended or assumed that the payment would be redistributed to an employee or employees, (c) a payment of a service charge or similar charge imposed by an employer on a customer in circumstances in which a reasonable person would be likely to infer that the customer intended or assumed that the payment would be redistributed to an employee or employees, and (d) other payments as may be prescribed, but does not include https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 4/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (e) payments as may be prescribed, and (f) charges as may be prescribed relating to the method of payment used, or a prescribed portion of those charges; "immediate family" means (a) the spouse, child, parent, guardian, sibling, grandchild or grandparent of an employee, (a.1) the child or parent of an employee's spouse, and (b) any person who lives with an employee as a member of the employee's family; "insolvency Act" means the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada) or the Winding-up and Restructuring Act (Canada); "Labour Relations Board" means the board as defined in the Labour Relations Code; "online platform worker" means a person who performs prescribed work that the person accepts through an online platform; "overtime wages" means the wages an employee is entitled to receive under section 37 (4), (5) or (6) or 40; "pay period" means a period of up to 16 consecutive days of employment; "payroll record" means a record required under section 28 to be kept by an employer; "penalty" means a monetary penalty imposed under section 98; https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 5/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII "producer" means a person who engages the services of a farm labour contractor; "regular wage" means (a) if an employee is paid by the hour, the hourly wage, (b) if an employee is paid on a flat rate, piece rate, commission or other incentive basis, the employee's wages in a pay period divided by the employee's total hours of work during that pay period, (c) if an employee is paid a weekly wage, the weekly wage divided by the lesser of the employee's normal or average weekly hours of work, (d) if an employee is paid a monthly wage, the monthly wage multiplied by 12 and divided by the product of 52 times the lesser of the employee's normal or average weekly hours of work, and (e) if an employee is paid a yearly wage, the yearly wage divided by the product of 52 times the lesser of the employee's normal or average weekly hours of work; "representative member" means a member of the tribunal appointed under section 102 (c); "right of recall" means the right of an employee under a collective agreement to be recalled to employment within a specified period after being laid off; "settlement agreement" means a settlement agreement under section 78; https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 6/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII "special clothing" includes a uniform and a specified brand of clothing; "spouse" means a person who (a) is married to another person, or (b) is living with another person in a marriage-like relationship; "statutory holiday" means New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day, Christmas Day and any other holiday prescribed by regulation; "talent agency" means a person that, for a fee, engages in the occupation of offering to procure, promising to procure or procuring employment for actors, performers, extras or technical creative film personnel; "temporary layoff" means (a) in the case of an employee who has a right of recall, a layoff that exceeds the specified period within which the employee is entitled to be recalled to employment, and (b) in any other case, a layoff of up to 13 weeks in any period of 20 consecutive weeks; "termination of employment" includes a layoff other than a temporary layoff; "termination pay" means, for each week of notice an employee is entitled to, the amount obtained by totalling the employee's https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 7/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII weekly wages, at the regular wage, during the last 8 weeks in which the employee worked normal or average hours of work and dividing the total by 8; "time bank" means a time bank established under section 42 at the request of an employee; "trade union" means the same as in the Labour Relations Code; "tribunal" means the Employment Standards Tribunal; "wages" includes (a) salaries, commissions or money, paid or payable by an employer to an employee for work, (b) money that is paid or payable by an employer as an incentive and relates to hours of work, production or efficiency, (c) money, including the amount of any liability under section 63, required to be paid by an employer to an employee under this Act, (d) money required to be paid in accordance with (i) a determination, other than costs required to be paid under section 79 (1) (f), or (ii) a settlement agreement or an order of the tribunal, and (e) in Parts 10 and 11, money required under a contract of employment to be paid, for an employee's benefit, to a fund, insurer or other person, but does not include https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 8/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (f) gratuities, (g) money that is paid at the discretion of the employer and is not related to hours of work, production or efficiency, (h) allowances or expenses, (i) penalties, and (j) an administrative fee imposed under section 30.1; "week" means a period of 7 consecutive days beginning, (a) for the purpose of calculating overtime, on Sunday, (b) for the purposes of sections 37 and 52.1, on Sunday, and (c) for any other purpose, on any day; "work" means the labour or services an employee performs for an employer whether in the employee's residence or elsewhere. (2) An employee is deemed to be at work while on call at a location designated by the employer unless the designated location is the employee's residence. Purposes of this Act 2 The purposes of this Act are as follows: (a) to ensure that employees in British Columbia receive at least basic standards of compensation and conditions of employment; (b) to promote the fair treatment of employees and employers; https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 9/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (c) to encourage open communication between employers and employees; (d) to provide fair and efficient procedures for resolving disputes over the application and interpretation of this Act; (e) to foster the development of a productive and efficient labour force that can contribute fully to the prosperity of British Columbia; (f) to contribute in assisting employees to meet work and family responsibilities. Scope of this Act 3 (1) Subject to this section, this Act applies to all employees other than those excluded by regulation. (2) If a collective agreement contains any provisions respecting a matter set out in column 1 of the following table, and the provisions, when considered together, meet or exceed the requirements, when considered together, of the Part or section of this Act specified opposite the matter in column 2 of the table, those provisions of the collective agreement replace the requirements of that Part or section of the Act in respect of employees covered by the collective agreement: Column 1 Column 2 Matter Part or Section Section 25 (1) or Special clothing (2) Hours of work or overtime Part 4 https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 10/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII Statutory holidays Part 5 Annual vacation or vacation pay Part 7 Seniority retention, recall, termination of employment or Section 63 layoff (2.1) Despite subsection (2), any provisions of a collective agreement respecting statutory holidays only replace the requirements of Part 5 of this Act as that Part applies to statutory holidays other than the National Day for Truth and Reconciliation. (3) If a collective agreement contains no provisions respecting a matter set out in column 1 of the following table, or contains any provisions respecting a matter set out in column 1 that, when considered together, do not meet or exceed the requirements, when considered together, of the Part or section of this Act specified opposite the matter in column 2 of the table, that Part or section of the Act is deemed to be incorporated in the collective agreement as part of its terms: Column 1 Column 2 Matter Part or Section Special clothing Section 25 (1) or (2) Part 4, except section Hours of work or overtime 37 Statutory holidays Part 5 Annual vacation or vacation pay Part 7 Seniority retention, recall, termination of employment Section 63 or layoff (4) and (5) [Repealed 2019-27-3.] https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 11/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (6) Parts 10, 11 and 13 of this Act do not apply in relation to the enforcement of the following provisions of this Act in respect of an employee covered by a collective agreement: section 3 (2) [when provisions of collective agreement replace requirements of this Act]; section 3 (2.1) [collective agreement does not replace Part 5 in relation to National Day for Truth and Reconciliation]; section 3 (3) [when requirements of this Act are deemed incorporated into collective agreement]; section 9 [hiring children]; section 10 [no charge for hiring or providing information]; section 16 [employers required to pay minimum wage]; section 16.1 [minimum wage]; section 16.2 [annual adjustment of minimum wage]; section 17 [paydays]; section 18 (1) [payment of wages when employer terminates]; section 18 (2) [payment of wages when employee terminates]; section 20 [how wages are paid]; section 21 [deductions]; https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 12/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII section 22 [assignment of wages]; section 23 [employer's duty to make assigned payments]; section 24 [how an assignment is cancelled]; section 26 [payments by employer to funds, insurers or others]; section 27 [wage statements]; section 28 (1) [content of payroll records]; section 28 (2) [payroll record requirements]; section 30.3 [gratuities]; section 30.4 [redistribution of gratuities]; Part 5 [Statutory Holidays], as that Part applies to the National Day for Truth and Reconciliation; Part 6 [leaves and jury duty]; section 64 [group terminations]; section 65 [exceptions to section 64]; section 67 [rules about notice of termination]; section 68 [rules about payments on termination]. (7) If a dispute arises respecting the application, interpretation or operation of (a) a Part or provision of this Act deemed by subsection (3) to be incorporated in a collective agreement, or (b) a provision specified in subsection (6), https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 13/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII the grievance procedure contained in the collective agreement or, if applicable, deemed to be contained in the collective agreement under section 84 (3) of the Labour Relations Code, applies for the purposes of resolving the dispute. (8) Despite subsection (6), if an arbitration board makes a decision on the merits of a matter in dispute referred to in subsection (7) and the decision is in respect of wages, the arbitration board may refer the decision to the director for the purpose of collecting the wages and, for that purpose, the director may collect the wages under sections 87 to 97 and 99 as if the decision of the arbitration board were an order of the tribunal. (9) In subsection (8), "arbitration board" has the same meaning as in Part 8 of the Labour Relations Code. Online platform workers 3.1 For the purposes of this Act, (a) an online platform worker is to be considered an employee, whether or not the online platform worker is an employee under any law, and (b) the operator of the online platform through which an online platform worker accepts prescribed work is to be considered the employer of the online platform worker. Requirements of this Act cannot be waived 4 The requirements of this Act and the regulations are minimum requirements and an agreement to waive any of those requirements, not being an agreement referred to in section 3 (2), has no effect. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 14/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII Promoting awareness of employment standards 5 The director must develop and carry out policies to promote greater awareness of this Act. Informing employees of their rights 6 An employer must make available or provide to each employee, in a form provided or approved by the director, information about the rights of the employee under this Act. Repealed 7 [Repealed 2003-65-2.] Part 2 — Hiring Employees No false representations 8 An employer must not induce, influence or persuade a person to become an employee, or to work or to be available for work, by misrepresenting any of the following: (a) the availability of a position; (b) the type of work; (c) the wages; (d) the conditions of employment. Hiring children — under 16 years of age 9 (1) In this section, "light work" means prescribed work or a prescribed occupation that the Lieutenant Governor in Council https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 15/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII considers is unlikely to be harmful to the health or development of a child who is 14 or 15 years of age. (2) A person must not employ a child (a) who is under 14 years of age without the director's permission, or (b) who is 14 or 15 years of age (i) to perform light work without the written consent of the child's parent or guardian, or (ii) to perform any other work without the director's permission. (3) In permitting the employment of a child under subsection (2) (a) or (b) (ii), the director may set conditions of employment for the child. (4) An employer must comply with the conditions of employment set by the director under subsection (3). Hiring children — hazardous industry or hazardous work 9.1 (1) In this section: "hazardous industry" means a prescribed industry that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals of a person under 16 years of age; "hazardous work" means prescribed work that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals of a person under 16 years of age. (2) A person must not employ a child https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 16/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (a) who is under 16 years of age in a hazardous industry or in hazardous work, or (b) who is at least 16 years of age but under 19 years of age in a hazardous industry or in hazardous work unless the child has attained the prescribed age in respect of the hazardous industry or hazardous work. No charge for hiring or providing information 10 (1) A person must not request, charge or receive, directly or indirectly, from a person seeking employment a payment for (a) employing or obtaining employment for the person seeking employment, or (b) providing information about employers seeking employees. (2) A person does not contravene this section by requesting, charging or receiving payment for any form of advertisement from the person who placed the advertisement. (3) A payment received by a person in contravention of this section is deemed to be wages owing and this Act applies to the recovery of the payment. No fees to other persons 11 (1) An employment agency must not make a payment, directly or indirectly, to a person for obtaining or assisting in obtaining employment for someone else. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 17/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (2) A farm labour contractor must not make a payment, directly or indirectly, to a person for whom the farm labour contractor's employees work. (3) A person does not contravene this section by paying for any form of advertisement placed by that person. Employment and talent agencies must be licensed 12 (1) A person must not operate an employment agency or a talent agency unless the person is licensed under this Act. (2) Subsection (1) does not apply to a person operating an employment agency for the sole purpose of hiring employees exclusively for one employer. Farm labour contractors must be licensed 13 (1) A person must not act as a farm labour contractor unless the person is licensed under this Act. (2) A producer must not engage the services of a farm labour contractor unless the farm labour contractor is licensed under this Act. (3) If a producer engages the services of an unlicensed farm labour contractor, the producer is deemed for the purposes of this Act to be the employer of each employee of the unlicensed farm labour contractor who performs work on behalf of the producer. Written employment contract required for domestic workers https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 18/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII 14 (1) On employing a domestic worker, the employer must provide the domestic worker with a copy of the employment contract. (2) The copy of the employment contract provided to the domestic worker must clearly state the conditions of employment, including (a) the duties the domestic worker is to perform, (b) the hours of work, (c) the wages, and (d) the charges for room and board, if applicable. (3) If an employer requires a domestic worker to work during any pay period any hours other than those stated in the employment contract, the employer must add those hours to the hours worked during that pay period under the employment contract. Register of employees working in residences 15 An employer must provide to the director, in accordance with the regulations, any information required for establishing and maintaining a register of employees working in private residences. Part 3 — Wages, Special Clothing, Records and Gratuities Employers required to pay minimum wage 16 (1) An employer must pay an employee at least the minimum wage as set out in sections 16.1 and 16.2. (2) An employer must not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages in a https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 19/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII pay period to comply with subsection (1) in relation to any other pay period. Minimum wage 16.1 (1) Subject to subsection (2) and section 16.2, the minimum wage is $16.75 per hour. (2) Subject to section 16.2, the minimum wage for a prescribed class of employees is the amount specified in, or calculated in accordance with, the regulations. Annual adjustment of minimum wage 16.2 (1) In this section, "consumer price index" means the annual average All-items Consumer Price Index for British Columbia, as published by Statistics Canada under the authority of the Statistics Act (Canada). (2) Subject to this section, every year on June 1, beginning on June 1, 2024, (a) the minimum wage referred to in section 16.1 (1) is adjusted in accordance with the formula set out in subsection (4) of this section, and (b) the adjusted minimum wage is rounded to the nearest multiple of $0.05 or, if the adjusted minimum wage is equidistant from 2 consecutive multiples, to the higher multiple. (3) Subject to this section and the regulations, every year on June 1, beginning on June 1, 2024, https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 20/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (a) a minimum wage referred to in section 16.1 (2) is adjusted in accordance with the formula set out in subsection (4) of this section, and (b) the adjusted minimum wage is rounded to the nearest multiple of $0.01 or, if the adjusted minimum wage is equidistant from 2 consecutive multiples, to the higher multiple. (4) The following formula applies for the purposes of subsections (2) (a) and (3) (a): Index A adjusted minimum wage = previous minimum wage × Index B where adjusted is, subject to subsection (2) (b) or (3) (b), the new minimum minimum wage wage; previous is the minimum wage that applied immediately before the minimum wage adjustment under this section; Index A is the consumer price index for the immediately preceding calendar year; Index B is the consumer price index for the calendar year immediately preceding the calendar year referred to in the description of Index A. (5) Subsections (2) and (3) do not apply to a minimum wage referred to in section 16.1 (1) or (2), as the case may be, in relation to a calendar year if the adjustment to the minimum wage under this section in that calendar year would result in a decrease in the minimum wage. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 21/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (6) The minister must publish the minimum wages referred to in section 16.1, as adjusted under this section, on a publicly accessible website. Paydays 17 (1) At least semimonthly and within 8 days after the end of the pay period, an employer must pay to an employee all wages earned by the employee in a pay period. (2) Subsection (1) does not apply to (a) overtime wages credited to an employee's time bank, or (b) vacation pay. If employment is terminated 18 (1) An employer must pay all wages owing to an employee within 48 hours after the employer terminates the employment. (2) An employer must pay all wages owing to an employee within 6 days after the employee terminates the employment. If employee cannot be located 19 (1) In this section, "administrator" has the same meaning as in the Unclaimed Property Act. (1.1) If an employer cannot locate an employee to pay the employee's wages, the employer must pay the wages to the director within 60 days after the wages became payable. (2) The director must give an employer a receipt for any wages received from the employer under subsection (1.1). https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 22/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (3) The director's receipt for wages is proof that the employer's liability for payment of the wages is discharged to the extent of the amount stated in the receipt. (4) If the director cannot locate an employee within one year after receiving the employee's wages under this section, the director must transfer the wages to the administrator in accordance with the transfer schedule set by the administrator. (5) Money transferred to the administrator under subsection (4) is deemed to be an unclaimed money deposit under the Unclaimed Property Act. How wages are paid 20 An employer must pay all wages (a) in Canadian currency, (b) by cheque, draft or money order, payable on demand, drawn on a savings institution, or (c) by deposit to the credit of an employee's account in a savings institution, if authorized by the employee in writing or by a collective agreement. Deductions 21 (1) Except as permitted or required by this Act or any other enactment of British Columbia or Canada, an employer must not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages for any purpose. (2) An employer must not require an employee to pay any of the employer's business costs except as permitted by the https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 23/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII regulations. (3) Money required to be paid contrary to subsection (2) is deemed to be wages, whether or not the money is paid out of an employee's gratuities, and this Act applies to the recovery of those wages. Assignments 22 (1) An employer must honour an employee's written assignment of wages (a) to a trade union in accordance with the Labour Relations Code, (b) to a charitable or other organization, or a pension or superannuation or other plan, if the amounts assigned are deductible for income tax purposes under the Income Tax Act (Canada), (c) to a person to whom the employee is required under a maintenance order, as defined in the Family Maintenance Enforcement Act, to pay maintenance, and (d) to an insurance company for insurance or medical or dental coverage. (e) [Repealed 2003-65-5.] (2) [Repealed 2003-65-5.] (3) An employer must honour an assignment of wages authorized by a collective agreement. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 24/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (4) An employer may honour an employee's written assignment of wages to meet any of the following credit obligations: (a) an advance of wages to the employee from the employer, including vacation pay; (b) an outstanding balance in respect of the purchase of goods or services from the employer by the employee; (c) an outstanding balance in respect of the personal use of real and personal property of the employer by the employee. Employer's duty to make assigned payments 23 An employer who deducts an amount from an employee's wages under an assignment of wages must pay the amount (a) according to the terms of that assignment, or (b) within one month after the date of the deduction, whichever is sooner. How an assignment is cancelled 24 To cancel an assignment of wages, an employee must notify in writing (a) the employer, and (b) the person to whom the wages were assigned. Special clothing https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 25/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII 25 (1) An employer who requires an employee to wear special clothing must, without charge to the employee, (a) provide the special clothing, and (b) clean and maintain it in a good state of repair, unless the employee is bound by an agreement made under subsection (2). (2) If an employer and the majority of the affected employees at a workplace agree that the employees will clean their own special clothing and maintain it in a good state of repair, (a) the agreement binds all employees at that workplace who are required to wear special clothing, (b) the employer must reimburse, in accordance with the agreement, each employee bound by the agreement for the cost of cleaning and maintaining the special clothing, and (c) the employer must retain for 4 years records of the agreement and the amounts reimbursed. (3) The following are deemed to be wages owing and this Act applies to their recovery: (a) money received or deducted by an employer from an employee for providing, cleaning or maintaining special clothing; (b) money an employer fails to reimburse under subsection (2). Payments by employer to funds, insurers or others https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 26/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII 26 An employer who agrees under an employment contract to pay an amount on behalf of an employee to a fund, insurer or other person must pay the amount in accordance with the contract. Wage statements 27 (1) On every payday, an employer must give each employee a written wage statement for the pay period stating all of the following: (a) the employer's name and address; (b) the hours worked by the employee; (c) the employee's wage rate, whether paid hourly, on a salary basis or on a flat rate, piece rate, commission or other incentive basis; (d) the employee's overtime wage rate; (e) the hours worked by the employee at the overtime wage rate; (f) any money, allowance or other payment the employee is entitled to; (g) the amount of each deduction from the employee's wages and the purpose of each deduction; (h) if the employee is paid other than by the hour or by salary, how the wages were calculated for the work the employee is paid for; (i) the employee's gross and net wages; (j) how much money the employee has taken from the employee's time bank and how much remains. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 27/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (2) An employer may provide a wage statement to an employee electronically if the employer provides to the employee, through the workplace, (a) confidential access to the electronic wage statement, and (b) a means of making a paper copy of that wage statement. (3) [Repealed 2002-42-8.] (4) If a wage statement would be the same as the wage statement given for the previous pay period, another wage statement need not be given until a change occurs. Payroll records 28 (1) For each employee, an employer must keep records of the following information: (a) the employee's name, date of birth, occupation, telephone number and residential address; (b) the date employment began; (c) the employee's wage rate, whether paid hourly, on a salary basis or on a flat rate, piece rate, commission or other incentive basis; (d) the hours worked by the employee on each day, regardless of whether the employee is paid on an hourly or other basis; (e) the benefits paid to the employee by the employer; https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 28/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (f) the employee's gross and net wages for each pay period; (g) each deduction made from the employee's wages and the reason for it; (h) the dates of the statutory holidays taken by the employee and the amounts paid by the employer; (i) the dates of the annual vacation taken by the employee, the amounts paid by the employer and the days and amounts owing; (j) how much money the employee has taken from the employee's time bank, how much remains, the amounts paid and dates taken. (2) Payroll records must (a) be in English, (b) be kept at the employer's principal place of business in British Columbia, and (c) be retained by the employer for 4 years after the date on which the payroll records were created. Repealed 29 [Repealed 2002-42-10.] Producer and farm labour contractor are liable for unpaid wages 30 (1) A producer and a farm labour contractor are jointly and separately liable for wages earned by an employee of the farm labour contractor for work done on behalf of the producer. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 29/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (2) Subsection (1) does not apply in respect of a producer if (a) the farm labour contractor is licensed under this Act at the time the producer engages the services of the farm labour contractor, and (b) the producer satisfies the director that the producer paid the farm labour contractor for wages earned by each employee of the farm labour contractor for work done on behalf of the producer. Liability of farm labour contractor for transportation costs 30.1 (1) A farm labour contractor is liable to pay a prescribed administrative fee to the Province if (a) a motor vehicle used by the farm labour contractor to transport employees of the farm labour contractor, of another farm labour contractor or of a producer is, during the transportation of the employees, removed from service as the result of a failure to comply with, or a contravention of, an enactment of British Columbia or of Canada, and (b) the Province, at its own cost, provides alternative transportation to transport the employees to the employees' work site or another location. (2) If a farm labour contractor is liable under subsection (1) to pay an administrative fee, the director must serve on the contractor a notice setting out (a) the amount of the fee, (b) the date by which the fee must be paid, https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 30/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (c) the consequences of failing to pay the fee, and (d) the manner and method for payment of the fee. (3) A farm labour contractor liable to pay an administrative fee under subsection (1) must pay the fee in accordance with the regulations. (4) The director may vary or cancel a notice (a) if (i) the farm labour contractor on whom the notice was served provides evidence satisfactory to the director that the finding that the farm labour contractor failed to comply with or contravened an enactment as described in subsection (1) (a) has been reversed on appeal under that enactment, or (ii) evidence comes to the attention of the director that was not available at the time the notice was issued that another requirement under subsection (1) was not met, or (b) to correct a clerical, typographical or inadvertent error, an omission or a similar mistake. Enforcement of administrative fee 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 https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 31/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII 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. Gratuities 30.3 (1) An employer must not (a) withhold gratuities from an employee, (b) make a deduction from an employee's gratuities, or (c) require an employee to return or give the employee's gratuities to the employer. (2) Subsection (1) does not apply if an employer is authorized or required under a law of British Columbia or Canada or by a court to withhold gratuities from an employee, make a deduction from an employee's gratuities or require an employee to return or give the employee's gratuities to the employer. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 32/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (3) Subsection (2) does not apply if the law or court requires the employer to remit the gratuities to a third party and the employer fails to do so. (4) If an employer contravenes subsection (1), the amount withheld or deducted from the employee or required to be returned or given by the employee to the employer is a debt due to the employee and may be collected by the director in the same manner as wages. Redistribution of gratuities 30.4 (1) Despite section 30.3 (1), an employer may withhold gratuities from an employee, make a deduction from an employee's gratuities or require the employee to return or give the employee's gratuities to the employer if the employer collects and redistributes gratuities among some or all of the employer's employees. (2) An employer must not redistribute gratuities under subsection (1) among prescribed employees or classes of employees. (3) Subject to subsections (4) and (5), an employer or a director or shareholder of an employer may not share in gratuities redistributed under subsection (1). (4) An employer who is a sole proprietor or a partner in a partnership may share in gratuities redistributed under subsection (1) if the employer regularly performs to a substantial degree the same work performed by (a) some or all of the employees who share in the redistribution, or https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 33/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (b) employees of other employers in the same industry who commonly receive or share in gratuities. (5) A director or shareholder of an employer may share in gratuities redistributed under subsection (1) if the director or shareholder performs to a substantial degree the same work performed by (a) some or all of the employees who share in the redistribution, or (b) employees of other employers in the same industry who commonly receive or share in gratuities. Part 4 — Hours of Work and Overtime Repealed 31 [Repealed 2002-42-12.] Meal breaks 32 (1) An employer must ensure (a) that no employee works more than 5 consecutive hours without a meal break, and (b) that each meal break lasts at least a 1/2 hour. (2) An employer who requires an employee to work or be available for work during a meal break must count the meal break as time worked by the employee. Split shifts https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 34/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII 33 An employer must ensure that an employee working a split shift completes the shift within 12 hours of starting work. Minimum daily hours 34 (1) Subject to subsections (2) and (3), if as required by an employer an employee reports for work on any day, the employer must pay the employee for a minimum of 2 hours at the regular wage whether or not the employee starts work, unless the employee is unfit to work or fails to comply with Part 2 of the Workers Compensation Act, or a regulation under that Part. (2) Whether or not the employee starts work, the employer under subsection (1) must pay the employee for a minimum of 4 hours at the employee's regular wage if the employer had previously scheduled the employee to work for more than 8 hours that day, unless (a) the employee is unfit to work or fails to comply with Part 2 of the Workers Compensation Act, or a regulation under that Part, or (b) the work is suspended for reasons completely beyond the employer's control, including unsuitable weather conditions. (3) If the circumstance set out in subsection (2) (b) applies, the employer must pay the employee for a minimum of 2 hours at the employee's regular wage. (4) If https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 35/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (a) the employee under subsection (1) is required to work longer than 2 hours, or (b) the circumstances described in subsection (2) are applicable and the employee is required to work longer than 4 hours, the employer must pay the employee for the entire period the employee is required to work. Maximum hours of work before overtime applies 35 (1) An employer must pay an employee overtime wages in accordance with section 40 if the employer requires, or directly or indirectly allows, the employee to work more than 8 hours a day or 40 hours a week. (2) Subsection (1) does not apply for the purposes of an employee who is working under an averaging agreement under section 37. Hours free from work 36 (1) An employer must either (a) ensure that an employee has at least 32 consecutive hours free from work each week, or (b) pay an employee 1 1/2 times the regular wage for time worked by the employee during the 32 hour period the employee would otherwise be entitled to have free from work. (2) An employer must ensure that each employee has at least 8 consecutive hours free from work between each shift worked. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 36/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (3) Subsection (2) does not apply in an emergency. Agreements to average hours of work 37 (1) Despite sections 35, 36 (1) and 40 but subject to this section, an employer and employee may agree to average the employee's hours of work over a period of 1, 2, 3 or 4 weeks for the purpose of determining the employee's entitlement, if any, to overtime wages under subsections (4) and (6) of this section and wages payable under subsection (8) or (9) (b). (2) An averaging agreement under subsection (1) is not valid unless (a) the agreement (i) is in writing, (ii) is signed by the employer and employee before the start date provided in the agreement, (iii) specifies the number of weeks over which the agreement applies, (iv) specifies the work schedule for each day covered by the agreement, (v) specifies the number of times, if any, that the agreement may be repeated, and (vi) provides for a start date and an expiry date for the period specified under subparagraph (iii), (b) the schedule in the agreement under paragraph (a) (iv) is in compliance with subsection (3), and https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 37/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (c) the employee receives a copy of the agreement before the date on which the period specified in the agreement begins. (3) A work schedule in an agreement under this section must not provide for more than the following hours of work for the employee: (a) 40 hours, if the agreement specifies a 1 week period under subsection (2) (a) (iii); (b) an average of 40 hours per week, if the agreement specifies more than a 1 week period under subsection (2) (a) (iii). (4) An employer under this section who requires, or directly or indirectly allows, an employee to work more than 12 hours a day, at any time during the period specified in the agreement, must pay the employee double the employee's regular wage for the time over 12 hours. (5) An employer under this section who requires, or directly or indirectly allows, an employee to work more than an average of 40 hours a week within the period specified in the agreement must pay the employee 1 1/2 times the employee's regular wage for the time over 40 hours. (6) An employer under this section who requires, or directly or indirectly allows, an employee to work more than the hours scheduled for a day during the period of the agreement must pay the employee (a) 1 1/2 times the employee's regular wage for, https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 38/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (i) if fewer than 8 hours were scheduled for that day, any time worked over 8 hours, or (ii) if 8 or more hours were scheduled for that day, any time worked over the number of hours scheduled, and (b) double the employee's regular wage for any time worked over 12 hours that day. (7) For the purpose of calculating average weekly hours for an employee under subsection (5), (a) only the first 12 hours worked by the employee in each day are counted, no matter how long the employee works on any day of the week, and (b) if subsection (6) applies, the time that the employee works beyond the scheduled hours and for which the employee is paid in accordance with that subsection, is excluded. (8) Section 36 (1) applies in relation to an averaging agreement if the period specified in the agreement is 1 week. (9) If the period specified in an averaging agreement is more than 1 week, the employer must either (a) ensure that for each week covered by the agreement, the employee has an interval free from work of 32 consecutive hours, whether the interval is taken in the same week, different weeks or consecutively any time during the weeks covered by the agreement, or https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 39/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (b) pay the employee 1 1/2 times the regular wage for time worked by the employee during the periods the employee would otherwise be entitled to have free from work under paragraph (a). (10) At the employee's written request, the employer and employee may agree to adjust the work schedule referred to in subsection (2) (a) (iv) provided that the total number of hours scheduled in the agreement remain the same. (11) The parties to an averaging agreement under this section are bound by that agreement until the expiry date set out in the agreement or a later date provided in an agreement to repeat the averaging agreement, as the case may be, and the provisions of the averaging agreement apply for the purpose of determining the employee's entitlement, if any, to overtime wages under subsections (4) and (6) and wages payable under subsection (8) or (9) (b). (12) Subsections (2) to (11) are deemed to be incorporated in an averaging agreement under this section as terms of the agreement. (13) An employer must retain an averaging agreement under this section for 4 years after the following, as applicable: (a) the expiry date set out in the averaging agreement, unless paragraph (b) applies; (b) the expiry date set out in one or more agreements to repeat the averaging agreement, whichever date is the latest. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 40/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (14) The application and operation of an averaging agreement under this section must not be interpreted as a waiver described in section 4. Repealed 38 [Repealed 2002-42-18.] No excessive hours 39 Despite any provision of this Part, an employer must not require or directly or indirectly allow an employee to work excessive hours or hours detrimental to the employee's health or safety. Overtime wages for employees not working under an averaging agreement 40 (1) An employer must pay an employee who works over 8 hours a day, and is not working under an averaging agreement under section 37, (a) 1 1/2 times the employee's regular wage for the time over 8 hours, and (b) double the employee's regular wage for any time over 12 hours. (2) An employer must pay an employee who works over 40 hours a week, and is not working under an averaging agreement under section 37, 1 1/2 times the employee's regular wage for the time over 40 hours. (3) For the purpose of calculating weekly overtime under subsection (2), only the first 8 hours worked by an employee in https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 41/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII each day are counted, no matter how long the employee works on any day of the week. (4) [Repealed 2002-42-19.] Repealed 41 [Repealed 2002-42-20.] Banking of overtime wages 42 (1) At the written request of an employee, an employer may establish a time bank for the employee and credit the employee's overtime wages to the time bank instead of paying them to the employee within the time required under section 17. (2) Overtime wages must be credited to a time bank at the rates required under section 37 (4), (5) or (6) or 40. (3) If a time bank is established, the employee may at any time request the employer to do one or more of the following: (a) pay the employee all or part of the overtime wages credited to the time bank; (b) allow the employee to use the credited overtime wages to take time off with pay at a time agreed by the employer and the employee; (c) close the time bank. (3.1) The employer may close an employee's time bank after one month's written notice to the employee. https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/222014/rsbc-1996-c-113.html 42/136 2/11/25, 3:00 PM RSBC 1996, c 113 | Employment Standards Act | CanLII (3.2) Within 6 months of closing an employee's time bank under subsection (3.1), the employer must do one of the following: