Interpretation Guidelines Manual
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| E.S.R. Section 5.1: Calculation of Security | ||||||||
Contents: Summary Text of Legislation Policy Interpretation Related Information |
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| Summary This section explains what sections of the Employment Standards Act are considered to be “core requirements” for farm labour contractors, requiring security to be posted and the amount of the security required.
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| Text of Legislation Calculation of security 5.1. (1) In this section, "core requirement" means a requirement under any of the following sections: (a) section 13 (1) of the Act [Farm labour contractors must be licensed];(2) Subject to subsection (3), the amount of security required to be posted by a farm labour contractor under section 5 (3) (c) is equal to the amount obtained by multiplying the minimum hourly wage by 80, and multiplying the result by the number of employees specified in the licence. (3) If a farm labour contractor has not contravened any core requirement for a period stated in Column 1 of the following table, the amount of security required to be posted under section 5 (3) (c) is equal to the amount obtained by multiplying the minimum hourly wage by the number set out in Column 2 opposite the period of non-contravention in Column 1, and multiplying the result by the number of employees specified in the licence.
(4) For the purpose of subsection (3), the "period of non-contravention" begins (a) on the date the farm labour contractor begins operating, if the farm labour contractor has not previously been licensed or is newly licensed after the farm labour contractor's licence was cancelled, or
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| Policy Interpretation For the purposes of this section there are five “core requirements”. The “core requirements” are: Employment Standards Act
Where there is a contravention of a core requirement, a determination will be issued under s.79 of the Act requiring the farm labour contractor to remedy their practices and cease contravening the core requirements. Under s.98 of the Act a person in respect of whom the director makes a determination and imposes a requirement under section 79 is subject to a monetary penalty. Refer also to s.29 of this Regulation that sets out the escalating monetary penalties that apply to a person who contravenes a provision of the Act or Regulation. When a second determination is issued against an FLC for any core provision:
Note: A determination issued under s.10 of the Regulation to suspend or cancel a licence is separate from and in addition to a determination issued under s.79 of the Act. Subsection (2) Under this section of the Regulation, before a farm labour contractor will be issued a licence, they must post security in the amount directed under s.5.1 of this Regulation. For purposes of the first year of a farm labour contractor’s licence, the amount of security required to be posted will be equal to the amount obtained by:
Under this subsection, the amount of security that is required to be posted is reduced, if a farm labour contractor has not contravened any “core requirement” for a period of time established in the table shown in this subsection. Where there is a history of compliance with the “core requirements”, the amount of security required to be posted will be a lesser amount that under subsection (2) above, as follows: If there is not contravention for 1 year to less than 2 years:Subsection (4) Fur purposes of calculating the period of “non-contravention” under subsection (3) above, the period begins:
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| Related Information Related sections of the Act or Regulation
See www.labour.gov.bc.ca/esb/facshts/ Factsheets Farm workers (English) (Punjabi) Farm Labour Contractors (English) (Punjabi)
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