Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Regulation - Part 2 - Employment Agencies and Farm Labour Contractors

(a) be made to the director, and

(b) be accompanied by a fee of $150.

(a) completed a written application in a form required by the director,

(b) paid the licence fee,

(c) satisfied the director by an oral or written examination, or both, of the applicant’s knowledge of the Act and this regulation, and

(d) posted security in accordance with subsection (3).

(a) be posted under the Bonding Act,

(b) be of a type that is listed in section 8 of the Bonding Regulations and is acceptable to the director, and

(c) be in the amount directed under section 5.1.

(3.1) It is a condition of every licence issued under this section that a farm labour contractor require any person who drives or operates a motor vehicle used by the farm labour contractor for the purpose of transporting employees of the farm labour contractor, another farm labour contractor or a producer to have a valid and subsisting driver's licence under the Motor Vehicle Act for the category of motor vehicle used for that purpose.

• the applicant has completed the required written application form;
• the $150 licence fee has been paid;
• the director is satisfied, by an oral or written examination, or both, that the applicant has the required knowledge of the Act and this Regulation; and
• the applicant has posted security in accordance with subsection (3) below.

• posted under the Bonding Act
• of a type listed in s.8 of the Bonding Regulations, and is acceptable to the director; and
• in the amount required under s.5.1 of this Regulation, Calculation of security.

Subsection (3.1)

A condition of receiving a farm labour contractor licence is that the farm labour contractor must ensure that every person who drives a vehicle used by the farm labour contractor to transport employees or other workers has a driver’s licence which is valid for the type of vehicle the person is driving.

Subsection (4)

In addition to subsection 3.1, the director may include any condition the director considers appropriate on a farm labour contractor licence.

The director has imposed a condition that a farm labour contractor must authorize the director to obtain information from ICBC, WorkSafe BC, Commercial Vehicle Safety and Enforcement (CVSE) and the Superintendent of Motor Vehicles relating to the vehicles used by the farm labour contractor to transport employees and other workers.

Subsection (5)

If an applicant has had a previous license cancelled under s.7 of this Regulation the Director may refuse to issue a new license to that applicant.

Under s.10 of this Regulation, when the director refuses to issue, cancels or suspends a licence, the director must serve the person who applied for or held the licence with a determination providing:

• the reasons for the determination; and
• the time limit and process for appealing the determination to the Employment Standards Tribunal.

ESA
• s.1, Definition, “farm labour contractor ”
• s.1, Definition, “producer”
• s.13, Farm labour contractors must be licensed
• s.30, Producer and farm labour contractor are liable for unpaid wages
• s.30.1, Liability of farm labour contractor for transportation costs
• s.30.2, Enforcement of administrative fees
• s.125, Offences

ESR
• s.1, Definition, “farm worker ”
• s.5.1, Calculation of security
• s.6, Duties of farm labour contractors
• s.6.1, Additional duties of farm labour contractors - posting safety notices in vehicles
• s.6.2, Administrative fee - transportation costs
• s.7, Cancellation or suspension of farm labour contractor ’s licence
• s.8, If there is a change of directors or officer
• s.9, Rules about licences
• s.10, If a licence is refused, cancelled or suspended
• s.11, Surrender of licence
• s.12, Appeals from the refusal, cancellation and suspension
• s.18, Minimum Wage – farm workers
• s.34.1, Farm workers
• s.39, Exclusions from farm labour contractor licensing requirements