Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

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

Summary

This section sets out the requirement for farm labour contractors to post a safety notice in every vehicle used to transport employees.

6.1 (1) A farm labour contractor must, in every vehicle used by the farm  labour contractor to transport employees, post a notice provided by the director respecting vehicle and passenger safety requirements under the Motor Vehicle Act and the Workers Compensation Act, including driver, seating and seat belt requirements. 
     
                 
(2) A notice required to be posted under subsection (1) must be displayed in one or more positions in the vehicle that are clearly visible to the driver or the operator or the vehicle and employees riding in the vehicle.

The notice is in three languages; English, Punjabi and Spanish. A copy of the notice in the form provided by the director, containing all three languages, must be posted in every vehicle used by a farm labour contractor to transport employees. 
The text of the notice reads as follows:

EMPLOYMENT STANDARDS REGULATION REQUIRES POSTING THIS NOTICE WHERE IT IS CLEARLY VISIBLE TO EVERYONE IN THE VEHICLE.

• All passengers must be seated and, in vehicles requiring seatbelts, all passengers must each wear one seatbelt.
• The driver must have a valid driver’s license for the operation of this vehicle type.

Should you have safety concerns with respect to the operation of this vehicle please call the Commercial Vehicle Safety Branch at 1-888-775-8785.

The notice is available by clicking on the agriculture link on the Employment Standards Branch website at http://www.labour.gov.bc.ca/esb/, or by contacting the Surrey office of the Employment Standards Branch at 604-586-4251 or the Employment Standards information line at 1-800-663-3316.

Subsection (2)

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 fee
• s.79, Determinations and consequences
• s.98, Monetary penalties
• s.125, Offences

ESR
• s.1, Definition, “farm worker ”
• s.5, Licensing of farm labour contractors
• s.5.1, Calculation of security
• s.6, Duties of farm labour contractors
• 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
• s.47, Complaints of contravention of this regulations