BILL 8 – 2019: Employment Standards Amendment Act, 2019

HONOURABLE HARRY BAINS
MINISTER OF LABOUR

BILL 8 – 2019

EMPLOYMENT STANDARDS AMENDMENT ACT, 2019

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Employment Standards Act, section 1] amends, repeals and adds definitions.

(a) in the definition of "determination" by striking out "73, 76 (3)," and substituting "73, 74 (5), 76 (1.1) or (3),",

(b) by repealing the definition of "domestic" and by adding the following definition:

"domestic worker" means a person who is employed at an employer's private residence to provide cooking, cleaning, child care or other prescribed services; , and

"temporary help agency" means an employer whose employees work on a temporary basis for or under the control or direction of another person, but does not include a farm labour contractor; .

SECTION 2: [Employment Standards Act, section 1] amends and adds definitions.

(a) in the definition of "determination" by striking out "79, 100" and substituting "79, 80 (3), 100",

(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

(f) charges as may be prescribed relating to the method of payment used, or a prescribed portion of those charges; ,

(c) in the definition of "immediate family" by striking out "and" at the end of paragraph (a) and by adding the following paragraph:

SECTION 3: [Employment Standards Act, section 3] amends rules respecting when the Act applies to collective agreements.

(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:

(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:

section 3 (2) [when provisions of collective agreement replace requirements of this Act];

section 3 (3) [when requirements of this Act are deemed incorporated into collective agreement];

SECTION 4: [Employment Standards Act, section 4] is consequential to amendments made by this Bill to section 3 of the Act.

SECTION 5: [Employment Standards Act, section 6] requires an employer to provide information to an employee.

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.

SECTION 6: [Employment Standards Act, section 9] repeals and replaces the rules respecting the hiring of children.

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 considers is unlikely to be harmful to the health or development of a child 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

(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).

SECTION 7: [Employment Standards Act, section 9.1] sets out rules respecting the hiring of children in a hazardous industry or in hazardous work.

Hiring children – hazardous industry or hazardous work

"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.

(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.

SECTION 8: [Employment Standards Act, section 13]

reorders the subsections;
clarifies that a person who engages the services of an unlicensed farm labour contractor is deemed to be the employer of each employee who performs work on behalf of the person.

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.

SECTION 9: [Employment Standards Act, section 13.1] adds rules respecting temporary help agencies.

Operators of temporary help agencies must be licensed

13.1 (1) A person must not operate a temporary help agency unless the person is licensed under this Act.

(2) A person must not engage the services of a temporary help agency unless the person operating the temporary help agency is licensed under this Act.

(3) If a person engages the services of a temporary help agency and the operator of the temporary help agency is not licensed under this Act, the person is deemed for the purposes of this Act to be the employer of each employee of the temporary help agency who performs work on behalf of the person.

SECTION 10: [Employment Standards Act, section 14] is consequential to the repeal and replacement by this Bill of the definition of "domestic" in section 1 of the Act.

(a) by striking out "domestic" wherever it appears and substituting "domestic worker", and

(b) in subsection (2) (d) by striking out "board" and substituting "board, if applicable".

SECTION 11: [Employment Standards Act, heading to Part 3] is consequential to the addition by this Bill of sections 30.3 and 30.4 to the Act.

SECTION 12: [Employment Standards Act, section 22] specifies the credit obligations an employer may honour respecting an employee's assignment of wages.

(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;

SECTION 13: [Employment Standards Act, section 25] extends the length of time employers must keep records.

13 Section 25 (2) (c) is amended by striking out "for 2 years" and substituting "for 4 years".

SECTION 14: [Employment Standards Act, section 28] extends the length of time employers must keep records.

14 Section 28 (2) (c) is amended by striking out "for 2 years after the employment terminates" and substituting "for 4 years after the date on which the payroll records were created".

SECTION 15: [Employment Standards Act, sections 30.3 and 30.4] sets out rules respecting gratuities and redistribution of gratuities.

Gratuities

(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.

(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

(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

(b) employees of other employers in the same industry who commonly receive or share in gratuities.

SECTION 16: [Employment Standards Act, section 37] extends the length of time an employer must retain an averaging 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.

SECTION 17: [Employment Standards Act, section 48] extends the length of time an employer must retain records of agreements.

17 Section 48 (3) is amended by striking out "for 2 years" and substituting "for 4 years".

SECTION 18: [Employment Standards Act, section 52.11] allows an employee to take a leave to provide care and support for a family member who is at risk as a result of an illness or injury.

Critical illness or injury leave

(2) An employee who requests leave under this section is entitled to the following unpaid leave to provide care or support to a family member if a medical practitioner or nurse practitioner issues a certificate in accordance with subsection (4):

(a) up to 36 weeks of unpaid leave to provide care or support to a family member who is under 19 years of age at the start of the leave;

(b) up to 16 weeks of unpaid leave to provide care or support to a family member who is 19 years of age or older.

(3) If a certificate issued in accordance with subsection (4), with respect to a leave under this section, sets out a period for which a family member of an employee requires care or support that is less than the maximum number of weeks specified in subsection (2) (a) or (b), as applicable, the employee

(a) is entitled to take the leave only up to the number of weeks indicated in the certificate, and

(b) may, respecting the leave, obtain one or more additional certificates in accordance with subsection (4), but the employee's entitlement to the leave does not exceed the maximum number of weeks specified in subsection (2) (a) or (b), as applicable.

(a) state that the baseline state of health of the family member has significantly changed and the life of the family member is at risk as a result of an illness or injury,

(b) state that the care or support required by the family member can be met by one or more persons who are not medical professionals, and

(5) The employee must give the employer a copy of the certificate referred to in subsection (2) as soon as practicable.

(6) An employee may begin a leave under this section respecting a family member no earlier than the earlier of the following:

(a) the first day of the week in which the certificate referred to in subsection (2) respecting the family member is issued;

(b) the first day of the week in which the baseline state of health of the family member significantly changes and the life of the family member is at risk as a result of an illness or injury.

(7) A leave under this section ends on the last day of the week in which the earlier of the following occurs:

(8) A leave taken under this section must be taken in units of one or more weeks.

(9) If an employee takes a leave under this section and, at the time referred to in subsection (7) (b), the life of the family member remains at risk as a result of the illness or injury, the employee may take a further leave after obtaining a new certificate in accordance with subsection (4), and subsections (5) to (8) apply to the further leave.

SECTION 19: [Employment Standards Act, section 52.5] allows an employee to take leave if the employee or an eligible person experiences domestic violence.

Leave respecting domestic violence

(a) physical abuse by an intimate partner or by a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm,

(d) psychological or emotional abuse by an intimate partner or by a family member, including

(i) intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property,

(ii) unreasonable restrictions on, or prevention of, financial or personal autonomy,

(a) a child who is under the day-to-day care and control of the employee by way of agreement or court order or because the employee is the child's parent or guardian,

(ii) is unable, because of illness, disability or another reason, to obtain the necessities of life or withdraw from the charge of the person's parent or former guardian, and

(iii) is under the day-to-day care and control of the employee, who is the person's parent or former guardian, and

(i) the spouse, child, parent, guardian, sibling, grandchild or grandparent of the person, or

(ii) an individual who lives with the person as a member of the person's family;

(a) an individual who is or was a spouse, dating partner or sexual partner of the person, or

(b) an individual who is or was in a relationship with the person that is similar to a relationship described in paragraph (a).

(2) In addition to experiencing domestic violence in the circumstances described in the definition of "domestic violence" in subsection (1), a child who is an employee or eligible person also experiences domestic violence if the child is exposed, directly or indirectly, to domestic violence experienced by any of the following individuals:

(3) If an employee or eligible person experiences domestic violence, the employee may request leave for one or more of the following purposes:

(a) to seek medical attention for the employee or eligible person in respect of a physical or psychological injury or disability caused by the domestic violence;

(b) to obtain for the employee or eligible person victim services or other social services relating to domestic violence;

(c) to obtain for the employee or eligible person psychological or other professional counselling services in respect of a psychological or emotional condition caused by the domestic violence;

(d) to temporarily or permanently relocate the employee or eligible person or both the employee and eligible person;

(e) to seek legal or law enforcement assistance for the employee or eligible person, including preparing for or participating in any civil or criminal legal proceeding related to the domestic violence;

(4) If an employee requests leave under subsection (3), the employee is entitled during each calendar year to

(a) up to 10 days of unpaid leave, in units of one or more days or in one continuous period, and

(b) in addition to the period of time referred to in paragraph (a), up to 15 weeks of unpaid leave.

(6) An employee is not entitled to leave under this section respecting an eligible person if the employee commits the domestic violence against the eligible person.

(7) If requested by the employer, the employee must, as soon as practicable, provide to the employer reasonably sufficient proof in the circumstances that the employee is entitled to the leave.

SECTION 20: [Employment Standards Act, section 54] clarifies the application of subsection (4).

(5) Subsection (4) is not to be construed as conferring a preferential right of recall on an employee referred to in subsection (3), to whom a collective agreement does not apply, beyond that to which the employee would otherwise be entitled.

SECTION 21: [Employment Standards Act, section 63] sets out the employer's liability if the employee gives notice of termination and the employer terminates the employment during that period.

(6) If, after 3 consecutive months of employment, an employee gives notice of termination to the employer and the employer terminates the employment during that notice period, the employer is liable to pay the employee an amount equal to the lesser of

(a) an amount in money equal to the wages the employee would have earned for the remainder of the notice period, or

(b) an amount in money equal to the amount the employer is liable to pay on termination.

SECTION 22: [Employment Standards Act, heading to Part 10] is consequential to the addition by this Bill of section 73.1 to the Act.

SECTION 23: [Employment Standards Act, section 73.1] authorizes the director to initiate investigations.

Investigations initiated by director

(a) conduct an investigation to ensure compliance with this Act and the regulations, and

SECTION 24: [Employment Standards Act, section 74]

clarifies that a contravention is not proven at the stage a complaint is made;
authorizes the director to extend the time for delivering a complaint.

(a) in subsection (4) by striking out "contravention" and substituting "alleged contravention", and

(5) On application, the director may extend the time to deliver a complaint under this section, including making an extension after the time to deliver has expired, if the director is satisfied that

(a) special circumstances exist or existed that preclude or precluded the delivering of a complaint within the applicable time period required under subsection (3) or (4), and

SECTION 25: [Employment Standards Act, section 76] sets out how the director must deal with complaints delivered to the director under section 74 of the Act.

(1) Subject to subsection (1.1), the director must accept a complaint made under section 74. ,

(1.1) The director must refuse to accept a complaint if the complaint is not made within the applicable time period required by section 74 (3) or (4), or any extension of the applicable time period granted under section 74 (5).

(1.2) On accepting a complaint under subsection (1), the director must review the complaint and make a decision about whether any of the circumstances described in subsection (3) (b) to (i) apply to the complaint.

(1.3) If the director takes no action under subsection (3), the director must investigate the complaint, and this investigation may involve an alternative dispute resolution process.

(1.4) Despite subsection (1.3) but subject to subsection (3), if the director decides that the complaint may relate to employees other than the employee who made the complaint, the director may

(a) refuse to investigate the complaint or stop or postpone investigating the complaint, and

(b) conduct a broader investigation that addresses the subject matter of the complaint.

(1.5) Despite subsection (1.4) but subject to subsection (3), the director must investigate the complaint if the director

(a) does not complete the broader investigation referred to in subsection (1.4) (b), or

(b) the broader investigation does not resolve the issues raised in the complaint. ,

(d) in subsection (3) by striking out "may refuse to accept, review, mediate, investigate or adjudicate a complaint or may stop or postpone reviewing, mediating, investigating or adjudicating a complaint if" and substituting "may stop or postpone reviewing or investigating a complaint or refuse to investigate a complaint if",

(f) in subsection (3) (i) by striking out "is resolved" and substituting "is resolved, including by way of a settlement agreement made under section 78".

SECTION 26: [Employment Standards Act, section 77.1] provides that the director is not required to give oral hearings.

Oral hearing not required

SECTION 27: [Employment Standards Act, section 78] authorizes the director to enter into settlement agreements.

(a) assist in settling a matter investigated under section 73.1 or a complaint made under section 74; .

SECTION 28: [Employment Standards Act, section 78.1 and 78.2]

requires the director to make written reports;
requires the director to consider written reports.

Written report

(a) summarize the director's findings of the investigation in a written report, and

(iii) any person the director considers should have the opportunity to respond to the report.

(2) A person referred to in subsection (1) (b) may, within a period set by the director, provide to the director a written response to the report.

Director must consider written report and responses

78.2 In making a determination of a complaint, other than a decision under section 76 (1.1) or (3), the director must consider the written report referred to in section 78.1 (1) (a) and all responses provided to the director under section 78.1 (2).

SECTION 29: [Employment Standards Act, section 80]

extends the time period in respect of which wages must be paid;
allows for a further extension of that time period.

(a) in subsections (1) and (2) by striking out "6 months before" wherever it appears and substituting "12 months before", and

(3) Despite subsections (1) and (2), the director may, in prescribed circumstances, extend the 12 months referred to in subsection (1) (a) or (b) or (2) (a) (i) or (ii), as applicable, to 24 months.

SECTION 30: [Employment Standards Act, section 96]

adds rules respecting dissolution and bankruptcy;
provides definitions.

(a) any liability to an employee under section 63, termination pay or money payable in respect of individual or group terminations, if the corporation

(ii) is subject to action under section 427 of the Bank Act (Canada) or to a proceeding under an insolvency Act, ,

(b) in subsection (2) (c) and (d) by adding "of the corporation" after "director or officer", and

"director", in relation to a corporation, means a person who is a member of the board of directors or other governing body of the corporation, regardless of the title by which that person is designated;

(a) the chair of the board of directors or other governing body of the corporation, if that chair performs the functions of the office on a full-time basis, regardless of the title by which that person is designated,

(b) any vice chair of the board of directors or other governing body of the corporation, if that vice chair performs the functions of the office on a full-time basis, regardless of the title by which that person is designated,

(d) any vice president in charge of a principal business unit of the corporation, including sales, finance or production, regardless of the title by which that person is designated, and

(e) any officer of the corporation, whether or not the officer is also a director of the corporation, who performs a policy-making function in respect of the corporation and who has the capacity to influence the direction of the corporation, regardless of the title by which that person is designated;

"corporation" means a corporation as defined in the Business Corporations Act, and includes a corporation that, under section 95 of this Act, the director treats as one employer.

SECTION 31: [Employment Standards Act, section 97] extends the application of the provision to businesses operating under a receiver or receiver-manager.

Sale of business

97 If all or part of a business is disposed of, or the business continues to operate under a receiver or receiver-manager, the employment of an employee of the business is deemed, for the purposes of this Act, to be continuous and uninterrupted by the disposition or receivership, as applicable.

SECTION 32: [Employment Standards Act, section 98] provides exceptions to the monetary penalty.

(1.01) Despite subsection (1), the director may waive payment of a monetary penalty respecting a person referred to in that subsection in any of the following circumstances:

(a) the person is required under section 79 to pay wages owing to an employee and the person complies with that requirement;

(b) the contravention in respect of which the determination was made was not, in the opinion of the director, the result of the person's deliberate or negligent non-compliance with a requirement of this Act or the regulations;

(c) before the determination, the person provided a basis for contesting the matter that is the subject of the determination that, in the opinion of the director, reflected

SECTION 33: [Employment Standards Act, section 122] applies the rules of service to written reports referred to in section 78.1 of the Act, as added by this Bill.

Service of determinations, demands, notices and reports

122 (1) A determination or demand, a notice under section 30.1 (2) or a written report referred to in section 78.1 (1) (a) that is required under this Act to be served on a person is deemed to have been served if it is

(a) sent by ordinary mail or registered mail to the person's last known address according to the records of the director,

(b) transmitted by email to the person's last known email address according to the records of the director,

(2) If service is by ordinary mail or registered mail, then the determination or demand, the notice under section 30.1 (2) or the written report referred to in section 78.1 (1) (a) is deemed to have been served 8 days after it is mailed.

(3) If service is by email or fax, then the determination or demand, the notice under section 30.1 (2) or the written report referred to in section 78.1 (1) (a) is deemed to have been served 3 days after it is transmitted.

SECTION 34: [Employment Standards Act, section 126] is consequential to the amendments made by this Bill to section 9 of the Act and to the addition by this Bill of section 9.1 to the Act.

(a) in paragraph (a) by striking out "9 (1)," and substituting "9 (2) (a)," and by striking out "15" and substituting "14",

(b) in paragraph (b) by striking out "9 (2)," and substituting "9 (2) (b)," and by striking out "is 12 years of age or older, or" and substituting "is 16 years of age or older,", and

(b.1) in the case of an alleged contravention of section 9.1 (2), an employee has attained the prescribed age in respect of the applicable hazardous industry or hazardous work, or .

SECTION 35: [Employment Standards Act, section 127] adds, amends and repeals regulation-making powers.

(b.2) for the purposes of section 9.1, prescribing the minimum age for employment in a hazardous industry and in hazardous work, which may be different for different types of hazardous industry and different types of hazardous work; ,

(b) in paragraph (c) by striking out "talent agencies and farm labour contractors" and substituting "talent agencies, farm labour contractors and temporary help agencies",

(c) in paragraph (d) by striking out "talent agencies and farm labour contractors" and substituting "talent agencies, farm labour contractors and temporary help agencies",

(d) in paragraph (e) by striking out "domestics" and substituting "domestic workers",

(v) prescribing methods of service for the purposes of section 122 (1) (d), including time frames within which documents sent, transmitted or delivered by a prescribed method of service are deemed to have been served, which may be different for different methods of service; .

SECTION 36: [Employment Standards Act, section 127] adds and repeals regulation-making powers.

(i.1) establishing the process for obtaining a licence, including information that must be provided, which may be different for different types of licences; ,

SECTION 37: [Employment Standards Act, Part 15] repeals Part 15 of the Act, which is spent.

Transitional Provisions and Consequential Amendment

SECTION 38: [Transition – hiring children] authorizes the Lieutenant Governor in Council to make transitional regulations respecting the hiring of children.

Transition – hiring children

(a) exempting a person or class of persons from the application of section 9 or 9.1 of the Employment Standards Act;

(b) prescribing the circumstances in which a person or class of persons is exempt from the application of section 9 or 9.1 of the Employment Standards Act;

(c) prescribing the circumstances in which a person or class of persons ceases to be exempt from the application of section 9 or 9.1 of the Employment Standards Act.

(3) Unless earlier repealed, a regulation made under subsection (1) is repealed when this section is repealed.

SECTION 39: [Transition – collective agreements] sets out transitional rules respecting collective agreements.

Transition – collective agreements

39 (1) If a collective agreement is in effect on the date this section comes into force, sections 3 and 4 of the Employment Standards Act, as those sections read immediately before the date this section comes into force, continue to apply to the collective agreement.

(2) After a collective agreement referred to in subsection (1) expires, if a provision of the collective agreement remains in effect, subsection (1) continues to apply to the provision, with necessary modifications, until a new or renewed agreement comes into effect.

(3) If a collective agreement that is in effect on the date this section comes into force contains a provision that addresses the treatment of employee gratuities and there is a conflict between the provision of the collective agreement and section 30.3 or 30.4 of the Employment Standards Act, the provision of the collective agreement prevails.

(4) After a collective agreement referred to in subsection (3) expires, if the provision that addresses the treatment of employee gratuities remains in effect, subsection (3) continues to apply to that provision, with necessary modifications, until a new or renewed agreement comes into effect.

(5) Subsections (1) and (3) do not apply to a collective agreement that is made or renewed on or after the date this section comes into force.

SECTION 40: [Transition – complaints] sets out transitional rules respecting complaints.

Transition – complaints

40 (1) In this section, "finally adjudicated" means, with respect to a complaint, a complaint to which one of the following applies:

(b) a determination is made under the Employment Standards Act and, in relation to the determination, all reconsiderations and appeals under that Act, and reviews and appeals under any other enactment, have been heard and decided or the time limit for making the reconsiderations, appeals and reviews has expired.

(2) Subject to subsection (3), the following transition rules apply with respect to a complaint that, on the date a provision of this Act comes into force, has been delivered under section 74 (2) of the Employment Standards Act but has not yet been finally adjudicated:

(a) if the provision of this Act amends a provision of the Employment Standards Act, the provision of the Employment Standards Act, as it read immediately before the provision of this Act came into force, applies with respect to the complaint;

(b) if the provision of this Act adds a new section to the Employment Standards Act, the new section does not apply with respect to the complaint.

(3) If, on the date this Act receives Royal Assent, a determination under section 76 (3) or 79 of the Employment Standards Act has not been made with respect to a complaint that has been delivered under section 74 (2) of the Employment Standards Act, section 80 of the Employment Standards Act as amended by section 29 of this Act applies to the complaint.

SECTION 41: [Transition – corporate officer's liability for unpaid wages] sets out transitional rules respecting a corporate officer's liability for unpaid wages.

Transition – corporate officer's liability for unpaid wages

41 Section 96 (2) of the Employment Standards Act, as it read immediately before the date this section comes into force, continues to apply to a director or officer of a corporation if the corporation is subject to an action under section 427 of the Bank Act (Canada) or to a proceeding under an insolvency Act that commenced before the date this section comes into force.

SECTION 42: [Transition – service of documents] sets out transitional rules respecting service of documents.

Transition – service of documents

42 On or after the date section 33 of this Act comes into force, section 122 of the Employment Standards Act as amended by section 33 of this Act applies to a determination, demand, notice or written report that, under section 122 of the Employment Standards Act, is required to be served on a person.

SECTION 43: [Miscellaneous Statutes Amendment Act (No. 2), 2000] adds a reference to temporary help agencies, consequential to the addition by this Bill of section 13.1 to the Employment Standards Act.

43 Section 10 of the Miscellaneous Statutes Amendment Act (No. 2), 2000, S.B.C. 2000, c. 26, as it repeals and replaces section 127 (2) (c) and (d) of the Employment Standards Act, is amended in paragraphs (c) and (d) by striking out "silviculture contractors and farm labour contractors" and substituting "silviculture contractors, farm labour contractors and temporary help agencies".

Commencement

44 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes