Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Keyword Index: F to O

Effective 31/04/04
Revised N/A

F

failure to comply with demand, Section 90
fair wages, see minimum wage
false representation by employer, Section 8
family, see immediate family
Family Maintenance Enforcement Act, Section 22(1)
family responsibility leave, Section 52
farm labour contractors

accepting fees from, Section 11
administrative fee - transportation costs, Regulation 6.2

cancellation or suspension of licence, Regulation 7

change of directors or officers, Regulation 8

definition, Section 1

duties of, Regulation 6
enforcement of administrative fee for transportation costs, Section 30.2

exclusion from licensing requirements, Regulation 39

liable for unpaid wages, Section 30
liability for transportation costs, Section 30.1

licensing requirements, Section 13, Regulation 5

payroll records to producer, Section 29 - Repealed (30 July 2002)
posting safety notices in vehicles, Regulation 6.1

definition, Regulation 1

minimum wage, Regulation 18

overtime, Regulation 23 - Repealed (BC Reg.196/2003)

definition, Regulation 1

excluded from Act, Regulation 37

affected employees governed by, Section 37

cancellation of, Section 37

employees covered by collective agreement, Section 38 - Repealed (30 May 2002)

employees not covered by collective agreement, Section 37, Regulation 19 - Repealed (BC Reg.307/2002)

employees to be included, Section 37

overtime wages, Section 35, Section 41, Regulation 20, Appendix 1 - Repealed (BC Reg.307/2002)

rules for, Section 37

shift cycle, Appendix 1 - Repealed (BC Reg.307/2002)

also see Employment Standards Act, previous

definition, Section 1

G

effect on complaints, Section 76(2)

hours of work, overtime, special clothing, Section 43 - Repealed (30 May 2002)

overtime, Section 41 - Repealed (29 Nov 2002)

termination of employment, Section 69 - Repealed (30 May 2002)

under Parts 2, 3, 6, 9 of Act, Section 3, Section 4

vacations and vacation pay, Section 61 - Repealed (30 May 2002)

adjustment committee, Section 71

bankruptcy or insolvency, Section 64(6)

notice to employees, trade union, and minister, Section 64

requirements in excess of individual termination, Section 64(5)

termination pay or notice in lieu required, Section 64(4)

H

hearings, see appeals, or tribunal

variance for, Section 72(g)

director may remedy, Section 79(5)(6)

exclusion from notice requirements, Regulation 41 - Repealed (BC Reg.307/2002)

exclusion from requirements, Regulation 34, Regulation 42

maximum, Section 35

non-regular, statutory holiday pay, Regulation 24 - Repealed (BC Reg.307/2002)

notices, Section 31 - Repealed (30 May 2002)

reduction of excessive hours, Section 39

overview of, ESB

responsibility for, ESB

wrongful dismissal, Section 63(3)

I

if complainant requests identity be kept confidential, Section 75

power of Supreme Court, Section 84

witnesses, Section 84

definition, Section 1

23 day interest-free period, Section 88, Regulation 25

accrues since Act came into effect, Section 88(4)

accruing without a complaint, Regulation 26

applying interest rate, Regulation 25

calculating, Regulation 25

calculating for unpaid wages, Section 80

distribution of interest collected, Section 99(7)

on money owing by employer, Section 88, Regulation 25

on money received by the director, Regulation 27

on termination pay under collective agreement, Section 70 - Repealed (30 May 2002)

rates payable, Regulation 27

recovery of, Section 88 (3)

securities or bonds, Section 88

when interest must be paid, Section 88

amendments to, HOW

audience of, HOW

overview of contents, HOW

placement of regulations, HOW

purpose of, HOW

responsibility for, HOW

revisions to, HOW

after or without a complaint, Section 76

director may stop or postpone, Section 76(2)

director's powers of entry and inspection, Section 85

of complaints, Section 76(1)

opportunity for parties to respond, Section 77

reprisals against complainants, Section 83

settlement of, Section 78

without a complaint, Section 76(3), Regulation 26

J

collective agreements, Section 3

complaints filed in other jurisdictions, Section 119

federal, Section 3

Labour Relations Board, ESB
No jurisdiction to determine constitutional questions, Section 86.1
No jurisdiction to apply the Human Rights Code, Section 86.2

of courts to review tribunal decisions, Section 110

reciprocating jurisdictions, Section 119

Supreme Court of Canada, Section 3

benefit plans continuation, Section 56

compensation for length of service, Section 56

employment deemed continuous, Section 56

statutory holiday pay, Section 56

termination during, Section 56

vacations and vacation pay, Section 56

wages not paid, Section 56

K

L

and Employment Standards Branch, ESB

associate chair, Regulation 48

responsibilities, ESB

amendments to, Sections 131-141

Collective Agreement Arbitration Bureau, ESB

responsibility for, ESB

individual, under collective agreement, Section 70 - Repealed (30 May 2002)

right of recall, Section 70(1) - Repealed (30 May 2002)

termination if temporary layoff exceeded, Section 63(5)

week of layoff, Section 62

benefit plans continuation, Section 56

bereavement leave, Section 53

compensation for length of service, Section 56

effects of sale of business, Section 97

employment deemed continuous, Section 56

entitlements protected, Section 54

family responsibility leave, Section 52

jury duty, Section 55

parental leave, Section 51

pregnancy leave, Section 50

return to same or comparable position, Section 54

statutory holiday pay, Section 56

termination during, Section 56

termination notice during, Section 54

vacations and vacation pay, Section 56

wages not paid, Section 56

work reduced while employee on leave, Section 54

Agricultural Land Commission Act, Regulation 1

Bank Act, Section 96(2)

Bonding Act, Section 100

Canada Evidence Act, Section 120

Company Act, Section 96

Constitution Act, 1867, Section 3

Court Order Enforcement Act, Section 91, Section 119

effect on ESA, ACT

Estate Administration Act, Section 99(5)

Evidence Act, Section 120

Family Maintenance Enforcement Act, Section 22(1)

Fishing Collective Bargaining Act, Section 1

Forest Practices Code of British Columbia Act, Regulation 1

Freedom of Information and Protection of Privacy Act, Section 101

Fur Farm Act, Regulation 1

Game Farm Act, Regulation 1

Hotel Room Tax Act, Sections 131-141

Human Rights Act, ESB, Section 63(3)

Income Tax Act, Regulation 1

Independent School Act, Section 1, Regulation 1

Inquiry Act, Section 84

Interpretation Act, Section 74, Section 97, Section 120, Section 122

Judicial Review Procedures Act, Section 110

Labour Regulation Act, Section 130

Labour Relations Code, ESB, Section 1, Sections 131-141

Medical and Health Care Services Act, Sections 131-141

Motor Vehicle Act, Regulation 6

Municipal Act, Sections 131-141

Nurses (Registered) Act, Sections 131-141

Offence Act, Section 125

Personal Property Security Act, Section 87(4)

Public Service Labour Relations Act, Section 1

School Act, Section 1, Regulation 1, Sections 131-141

Skills Development and Fair Wage Act, ESB, Sections 131-141

Social Service Tax Act, Sections 131-141

Society Act, Regulation 1

Vancouver Charter, Sections 131-141

Waste Management Amendment Act, Sections 131-141

Workers Compensation Act, Sections 131-141

bankruptcy, Section 63

compensation for, Section 63

discharge of liability, Section 63(3)

employment continuous during leave, Section 63(2)

employment continuous when business sold, Section 63(2)

entitlements for, Section 63

liability increases with time, Section 63(2)

probation period, Section 63(1)

sale of business or assets, Section 97

seniority adjustments, Section 70 - Repealed (30 May 2002)

termination for just cause, Section 63(3)

weeks required for notice or compensation, Section 63(3)

2 month's wages for each corporate officer, Section 96

discharge of, for length of service, Section 63(3)

for removing assets under seizure, Section 94(2)

limits of for officers/directors, Section 96(2)

of associated businesses, Section 95(b)

of corporate officer for unpaid wages, Section 96(1)

of employers for length of service, Section 63

of employers upon sale of business, Section 97

of franchise owner, Section 98

of individuals for penalties, Section 98

producers/farm labour contractors liable for unpaid wages, Section 30

producers liable for wages, Section 29(1) - Repealed (30 July 2002)

appeals of refusal, cancellation and suspension, Regulation 12

cancellation/suspension of employment agency licence, Regulation 4

cancellation/suspension of farm labour contractor licence, Regulation 7

refused, cancelled or suspended, Regulation 10

required for change of directors or officers, Regulation 8

rules about, Regulation 9

surrender of, Regulation 11

of employment agencies, Section 1, Section 12, Regulation 2

of talent agencies, Regulation 38

of farm labour contractors, Section 13, Regulation 5

against associated businesses, Section 95

against corporate officers, Section 96

attached to assets, Section 87

definition, Section 87

for unpaid wages, Section 87

sale of liened assets, Section 87, Section 97

under Industrial Relations Act and Labour Code, Section 87(2)

definition, Regulation 1

minimum wage, Regulation 16

M

definition, Regulation 1

duties of, Regulation 1

excluded from statutory pay requirements, Regulation 36

executive capacity of, Regulation 1

payroll records for, Section 28

students, Section 34

exclusion from requirements, Regulation 43

exclusions for vacation pay and time bank, Section 17

farm workers, Regulation 18

for commissioned employees, Section 16, Section 17

live-in home support workers, Regulation 16

requirement to pay, Section 16

resident caretakers, Regulation 17

collected and paid to director, Section 99(1)

deposited with director, Section 88

disbursement of insufficient funds, Section 99(6)

distribution of interest collected, Section 99(7)

held in trust by director, Section 99(3)

interest payable, Section 88, Regulation 27

pro-rated amongst employees, Section 99(4)

N

definition, Regulation 1

excluded from Act, Regulation 37.4

farm workers, picking volumes, Regulation 18

hours of work, Section 31 - Repealed (30 May 2002)

notice periods for group terminations, Section 64(3)

of appeal process, Section 81

of breaks, Section 31 - Repealed (30 May 2002)

of change in shift, variance for, Section 72(d)

of determination made, Section 81

of determination of excessive hours, Section 81

of determination varied, cancelled, or suspended, Section 91(4)

of group terminations, Section 64

of investigation, Section 77

of request to appeal, Section 112

of resignation, Section 63(3)

service of determination or demand, Section 122

to each employee in group terminations, Section 64(2)

conditions of employment cannot be changed, Section 67(2)

interrupted while employee on leave, vacation, strike, lockout, Section 67(1)

not given while employee on leave, vacation, strike, lockout, Section 67(1)

not in effect if employee works past notice period, Section 67(1)

rules about, Section 67

transition from previous Act, Section 128

upon sale of business, Section 97

variance for, Section 72(i)

O

from commissioned employees, Section 17

not allowed on termination entitlements, Section 68(1)

calculating daily and weekly, Section 40

definition, Section 1

during 32-hour break, Section 36(1)

employees not on a flexible work schedule, Section 40

employees on flexible work schedules, Section 41 (Repealed (29 Nov 2002)

for excess of maximum hours of work, Section 35(a)

exclusion from requirements, Regulation 34, Regulation 44

for farm workers, Regulation 23 - Repealed (BC Reg.196/2003)

for high technology professionals, Regulation 37.8

flexible work schedules, Section 35, Appendix 1 - Repealed (BC Reg.307/2002)

paid into time bank, Section 42

variance for flexible work schedule, Section 72(f)

variance when no flexible work schedule, Section 72(h)