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

Definitions

1  In this Act:

"beverage" includes an alcoholic beverage;

"food delivery services provider" means a prescribed service provider or class of service providers;

"restaurant" means an establishment that has an indoor dining area in which food or beverage items are

(a) sold for immediate consumption to patrons who select, order and pay for the items at a counter, food bar or cafeteria line,

(b) ordered by telephone, or online, and paid for by patrons before the consumption of the items, or

(c) ordered by and served to patrons who are seated and who pay for the items after the consumption of the items,

and includes a prescribed service establishment or class of service establishments, but does not include a grocery store or other excluded establishment or class of excluded establishments.

Delivery charges

2  A food delivery services provider must not charge a restaurant more than the prescribed amount for food and beverage delivery services or related services it provides to the restaurant.

No reduction in compensation

3  A food delivery services provider must not reduce the compensation or any other prescribed payment that it provides to an employee or contractor who performs delivery services in order to comply with this Act.

Offences

4  (1) A person who contravenes this Act or the regulations commits an offence.

(2) If a corporation is guilty of an offence under this Act, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence.

Penalties

5  (1) An individual who commits an offence under this Act or the regulations is liable on conviction to a fine of not more than $50 000 or imprisonment for not longer than one year, or both.

(2) A corporation that commits an offence under this Act or the regulations is liable on conviction to a fine of not more than $10 000 000.

Evidence

6  Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.

Regulations

7  The Lieutenant Governor in Council may make regulations as follows:

(a) in respect of any matter that may be prescribed under this Act;

(b) defining any word or expression used but not defined in this Act;

(c) identifying persons, including naming corporations, for the purposes of the definition of "food delivery services provider" in section 1;

(d) prescribing, for the purposes of section 2, the maximum amount that a food delivery services provider may charge for food and beverage delivery services or related services, or the manner of calculating the amount;

(e) prescribing payments for the purposes of section 3 and prescribing what constitutes a reduction in compensation or a prescribed payment, and otherwise governing the compensation of employees and contractors who perform delivery services;

(f) exempting persons or classes of persons from this Act or any provisions of this Act.

Repeal

8  This Act is repealed on the date that is 90 days after the date on which the last extension of the declaration of a state of emergency made March 18, 2020 under section 9 (1) of the Emergency Program Act expires or is cancelled.

Commencement

9  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Note

This Bill prohibits food delivery services providers from charging restaurants more than a prescribed amount for food and beverage delivery services or related services. This Bill also prohibits food delivery services providers from reducing compensation or any other prescribed payment, to comply with this Act, that the food delivery services providers pay to an employee or contractor who performs delivery services.