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

1 Section 1 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended

(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

(c) by adding the following definition:

"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; .

2 Section 1 is amended

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

(b) by adding the following definition:

"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

(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; ,

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

(a.1) the child or parent of an employee's spouse, and , and

(d) by adding the following definition:

"spouse" means a person who

(a) is married to another person, or

(b) is living with another person in a marriage-like relationship; .

3 Section 3 is amended

(a) by repealing subsections (2) to (5) and substituting the following:

(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:

,

(b) in subsection (6) by adding the following to the list:

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 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 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]; , and

(c) in subsection (7) (a) by striking out "or (5)".

4 Section 4 is amended by striking out "or (4)".

5 The following section is added:

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.

6 Section 9 is repealed and the following substituted:

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.

(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).

7 The following section is added:

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

(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.

8 Section 13 is repealed and the following substituted:

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.

9 The following section is added:

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.

10 Section 14 is amended

(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".

11 The heading to Part 3 is repealed and the following substituted:

Part 3 – Wages, Special Clothing, Records and Gratuities .

12 Section 22 (4) is repealed and the following substituted:

(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.

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

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".

15 The following sections are added to Part 3:

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.

(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

(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.

16 Section 37 (13) is repealed and the following substituted:

(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.

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

18 The following section is added:

Critical illness or injury leave

52.11  (1) In this section, "family member" means

(a) a member of an employee's immediate family, and

(b) any other individual who is a member of a prescribed class.

(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.

(4) A certificate referred to in subsection (2) must

(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

(c) set out the period for which the family member requires care or support.

(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:

(a) the family member in respect of whom the leave is taken dies;

(b) the expiration of 52 weeks from the date the leave began.

(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.

19 The following section is added:

Leave respecting domestic or sexual violence

52.5  (1) In this section:

"child" means a person under 19 years of age;

"domestic or sexual violence" includes

(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,

(b) sexual abuse by any person,

(c) attempts to commit

(i) physical abuse by an intimate partner or by a family member, or

(ii) sexual abuse by any person, and

(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,

(iii) stalking or following, and

(iv) intentional damage to property;

"eligible person" means, with respect to an employee,

(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,

(b) a person who

(i) is 19 years of age or older,

(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

(c) a prescribed person;

"family member" means any of the following:

(a) with respect to a person,

(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;

(b) any other individual who is a member of a prescribed class;

"intimate partner" means, with respect to a person, any of the following:

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

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

(a) an intimate partner of the child;

(b) a family member of the child.

(3) If an employee or eligible person experiences domestic or sexual 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 or sexual violence;

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

(f) any prescribed purpose.

(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.

(5) A leave under subsection (4) (b) may be taken by the employee in

(a) one unit of time, or

(b) more than one unit of time, with the employer's consent.

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

20 Section 54 is amended by adding the following subsection:

(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.

21 Section 63 is amended by adding the following subsection:

(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.

22 The heading to Part 10 is repealed and the following substituted:

Part 10 – Investigations, Complaints and Determinations .

23 The following section is added to Part 10:

Investigations initiated by director

73.1  The director may at any time and for any reason

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

(b) stop or postpone the investigation.

24 Section 74 is amended

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

(b) by adding the following subsection:

(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

(b) an injustice would otherwise result.

25 Section 76 is amended

(a) by repealing subsection (1) and substituting the following:

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

(b) by adding the following subsections:

(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. ,

(c) by repealing subsection (2),

(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",

(e) by repealing subsection (3) (a) and (d), and

(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".

26 The following section is added:

Oral hearing not required

77.1  The director is not required to give an oral hearing to

(a) any person the director investigates under section 73.1 or 76, or

(b) any person in respect of whom the director makes

(i) a determination, or

(ii) a reconsideration under section 86.

27 Section 78 (1) (a) is repealed and the following substituted:

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

28 The following sections are added:

Written report

78.1  (1) After completing the investigation of a complaint, the director must

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

(b) serve a copy of the written report on the following:

(i) the person who made the complaint;

(ii) the person against whom the complaint was made;

(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).

29 Section 80 is amended

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

(b) by adding the following subsection:

(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.

30 Section 96 is amended

(a) by repealing subsection (2) (a) and (b) and substituting the following:

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

(i) is in receivership, or

(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

(c) by repealing subsection (4) and substituting the following:

(4) In this section:

"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;

"officer", in relation to a corporation, means

(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,

(c) the president of the corporation, 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.

31 Section 97 is repealed and the following substituted:

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.

32 Section 98 is amended by adding the following subsection:

(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

(i) an arguable interpretation of a provision of the Act or regulations, or

(ii) a valid dispute of the facts;

(d) a prescribed circumstance.

33 Section 122 is repealed and the following substituted:

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,

(c) transmitted by fax to the person's last known fax number according to the records of the director, or

(d) sent, transmitted or delivered by any prescribed method of service.

(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.

34 Section 126 (4) is amended

(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

(c) by adding the following paragraph:

(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 .

35 Section 127 (2) is amended

(a) by adding the following paragraph:

(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",

(e) by repealing paragraph (m.1), and

(f) by adding the following paragraph:

(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; .

36 Section 127 (2) is amended

(a) in paragraph (c) by adding the following subparagraph:

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

(b) by repealing paragraph (s), and

(c) by adding the following paragraph:

(w) respecting any matter for which regulations are contemplated by this Act.

37 Part 15 is repealed.

Transitional Provisions and Consequential Amendment

Transition – hiring children

38  (1) The Lieutenant Governor in Council may make the following regulations:

(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.

(2) This section is repealed 3 years after the date it comes into force.

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

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.

Transition – complaints

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

(a) a settlement agreement is made under the Employment Standards Act;

(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.

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.

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.

Miscellaneous Statutes Amendment Act (No. 2), 2000

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: