Section 1 (1) definitions of "day" and "determination" BEFORE amended by 2002-42-1(a), effective May 30, 2002 (Royal Assent).
"day" means a 24 hour period ending at midnight and "working day" means a 24 hour period beginning at the start of an employee's shift;
"determination" means any decision made by the director under section 9, 22 (2), 37 (3), 66, 68 (3), 69 (6), 73, 76 (2), 78 (3), 79, 83 (2), 85 (1) (f), 98, 100 or 119;
Section 1 (1) definition of "school student" BEFORE repealed by 2002-42-1(e), effective May 30, 2002 (Royal Assent).
"school student" means a person enrolled in a school or francophone school as defined in the School Act or in an independent school or francophone school as defined in the School Act;
Section 1 (1) definition of "settlement agreement" was added by 2002-42-1(f), effective May 30, 2002 (Royal Assent).
Section 1 (1) definition of "wages", paragraph (d) BEFORE amended by 2002-42-1(g), effective May 30, 2002 (Royal Assent).
(d) money required to be paid in accordance with a determination or an order of the tribunal, and
Section 1 (1) definition of "determination" BEFORE amended by 2002-42-1(b), effective November 29, 2002 end of the day (BC Reg 307/2002).
"determination" means any decision made by the director under section 9, 22 (2), 30 (2), 37 (3), 66, 68 (3), 73, 76 (3), 79, 98, 100 or 119;
Section 1 (1) definition of "flexible work schedule" BEFORE repealed by 2002-42-1(c), effective November 29, 2002 end of the day (BC Reg 307/2002).
"flexible work schedule" means a work schedule under which the hours may exceed 8 hours a day or 40 hours a week;
Section 1 (1) definition of "overtime wages" BEFORE amended by 2002-42-1(d), effective November 29, 2002 end of the day (BC Reg 307/2002).
"overtime wages" means the wages an employee is entitled to receive under section 40 or 41;
Section 1 (1) definition of "week" BEFORE amended by 2002-42-1(h), effective November 29, 2002 end of the day (BC Reg 307/2002).
"week" means a period of 7 consecutive days beginning,
(a) for the purpose of calculating overtime, on Sunday, and
(b) for any other purpose, on any day;
Section 1 (1) definition of "determination" BEFORE amended by 2003-65-1, effective December 14, 2003 (BC Reg 431/2003).
"determination" means any decision made by the director under section 22 (2), 30 (2), 66, 68 (3), 73, 76 (3), 79, 100 or 119;
Section 1 (1) definition of "adjudicator" BEFORE repealed by 2003-47-20, effective February 13, 2004 (BC Reg 45/2004).
"adjudicator" means a person appointed as an adjudicator under section 102 (2) (b);
Section 1 (1) definition of "representative member" was added by 2003-47-20, effective February 13, 2004 (BC Reg 45/2004).
Section 1 (1) definition of "week", paragraph (b) BEFORE amended by 2006-4-1, effective April 27, 2006 (BC Reg 97/2006).
(b) for the purposes of section 37, on Sunday, and
Section 1 (1) definition of "insolvency Act" BEFORE amended by BC Reg 353/2006 under RS1996-440-12, effective December 6, 2006 (BC Reg 353/2006).
"insolvency Act" means the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada) or the Winding-up Act (Canada);
Section 1 (1) (j) in definition of "wages" was added by 2008-12-1, effective June 6, 2008 (BC Reg 132/2008).
Section 1 (1) definition of "holiday" BEFORE amended by 2012-24-3, effective May 12, 2012 (Royal Assent).
"statutory holiday" means New Year's Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and any other holiday prescribed by regulation;
Section 1 (1) definition of "determination" BEFORE amended by 2019-27-2(a), effective May 30, 2019 (Royal Assent).
"determination" means any decision made by the director under section 30 (2), 66, 68 (3), 73, 76 (3), 79, 100 or 119;
Section 1 (1) definition of "gratuity" was added by 2019-27-2(b), effective May 30, 2019 (Royal Assent).
Section 1 (1) definition of "immediate family" (a.1) was added by 2019-27-2(c), effective May 30, 2019 (Royal Assent).
Section 1 (1) definition of "spouse" was added by 2019-27-2(d), effective May 30, 2019 (Royal Assent).
Section 1 (1) definition of "employment agency" BEFORE amended by 2018-45-84, effective July 8, 2019 (BC Reg 158/2019).
"employment agency" means a person who, for a fee, recruits or offers to recruit employees for employers;
Section 1 (1) definition of "determination" BEFORE amended by 2019-27-1(a), effective August 15, 2021 (BC Reg 215/2021).
"determination" means any decision made by the director under section 30 (2), 66, 68 (3), 73, 76 (3), 79, 80 (3), 100 or 119;
Section 1 definition of "domestic" BEFORE repealed by 2019-27-1(b), effective October 15, 2021 (BC Reg 215/2021).
"domestic" means a person who
(a) is employed at an employer's private residence to provide cooking, cleaning, child care or other prescribed services, and
Section 1 definition of "domestic worker" was added by 2019-27-1(b), effective October 15, 2021 (BC Reg 215/2021).
Section 1 (1) definition of "statutory holiday" BEFORE amended by 2023-4-3, effective March 9, 2023 (Royal Assent).
"statutory holiday" means New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and any other holiday prescribed by regulation;
Section 1 (1) definition of "online platform worker" was added by 2023-44-1, effective September 3, 2024 (BC Reg 140/2024).
Section 3 (2) and (3) BEFORE amended by 2019-27-3(a), effective May 30, 2019 (Royal Assent).
(2) If a collective agreement contains any provision respecting a matter set out in Column 1 of the following table, the Part or provision of this Act specified opposite that matter in Column 2 does not apply in respect of employees covered by the collective agreement:
| Column 1 Matter | Column 2 Part or Provision |
| Hours of work or overtime | Part 4 |
| Statutory holidays | Part 5 |
| Annual vacation or vacation pay | Part 7 |
| Seniority retention, recall, termination of employment or layoff | section 63 |
(3) If a collective agreement contains no provision respecting a matter set out in Column 1 of the following table, the Part or provision of this Act specified opposite that matter in Column 2 is deemed to be incorporated in the collective agreement as part of its terms:
| Column 1 Matter | Column 2 Part or Provision |
| Hours of work or overtime | Part 4 except section 37 |
| Statutory holidays | Part 5 |
| Annual vacation or vacation pay | Part 7 |
| Seniority retention, recall, termination of employment or layoff | section 63 |
Section 3 (4) and (5) BEFORE repealed by 2019-27-3(a), effective May 30, 2019 (Royal Assent).
(4) If a collective agreement contains any provision respecting a matter set out in one of the following specified provisions of this Act, that specified provision of this Act does not apply in respect of employees covered by the collective agreement:
section 18 (1) [payment of wages when employer terminates];
section 18 (2) [payment of wages when employee terminates];
section 20 [how wages are paid];
section 22 [assignment of wages];
section 23 [employer's duty to make assigned payments];
section 24 [how an assignment is cancelled];
section 25 (1) or (2) [special clothing];
section 26 [payments by employer to funds, insurers or others];
section 27 [wage statements];
section 28 (1) [content of payroll records];
section 28 (2) [payroll record requirements].
(5) If a collective agreement contains no provision respecting a matter set out in a provision specified in subsection (4), the specified provision of this Act is deemed to be incorporated in the collective agreement as part of its terms.
Section 3 (6) BEFORE amended by 2019-27-3(b), effective May 30, 2019 (Royal Assent).
(6) Parts 10, 11 and 13 of this Act do not apply in relation to the enforcement of the following provisions of this Act in respect of an employee covered by a collective agreement:
section 10 [no charge for hiring or providing information];
section 16 [employers required to pay minimum wage];
section 21 [deductions];
Part 6 [leaves and jury duty];
section 64 [group terminations];
section 65 [exceptions to section 64];
section 67 [rules about notice of termination];
section 68 [rules about payments on termination].
Section 3 (7) (a) BEFORE amended by 2019-27-3(c), effective May 30, 2019 (Royal Assent).
(a) a Part or provision of this Act deemed by subsection (3) or (5) to be incorporated in a collective agreement, or
Section 3 (2) table item "Paid personal illness or injury leave" was added by 2021-12-1(a), effective January 1, 2022.
Section 3 (3) table item "Paid personal illness or injury leave" was added by 2021-12-1(a), effective January 1, 2022.
Section 3 (6) BEFORE amended by 2021-12-1(b), effective January 1, 2022.
(6) Parts 10, 11 and 13 of this Act do not apply in relation to the enforcement of the following provisions of this Act in respect of an employee covered by a collective agreement:
section 3 (2) [when provisions of collective agreement replace requirements of this Act];
section 3 (3) [when requirements of this Act are deemed incorporated into collective agreement];
section 9 [hiring children];
section 10 [no charge for hiring or providing information];
section 16 [employers required to pay minimum wage];
section 17 [paydays];
section 18 (1) [payment of wages when employer terminates];
section 18 (2) [payment of wages when employee terminates];
section 20 [how wages are paid];
section 21 [deductions];
section 22 [assignment of wages];
section 23 [employer's duty to make assigned payments];
section 24 [how an assignment is cancelled];
section 26 [payments by employer to funds, insurers or others];
section 27 [wage statements];
section 28 (1) [content of payroll records];
section 28 (2) [payroll record requirements];
section 30.3 [gratuities];
section 30.4 [redistribution of gratuities];
Part 6 [leaves and jury duty];
section 64 [group terminations];
section 65 [exceptions to section 64];
section 67 [rules about notice of termination];
section 68 [rules about payments on termination].
Section 3 (2) and (3) BEFORE amended by 2022-8-1(a), effective March 31, 2022 (Royal Assent).
(2) If a collective agreement contains any provisions respecting a matter set out in column 1 of the following table, and the provisions, when considered together, meet or exceed the requirements, when considered together, of the Part or section of this Act specified opposite the matter in column 2 of the table, those provisions of the collective agreement replace the requirements of that Part or section of the Act in respect of employees covered by the collective agreement:
| Column 1 Matter | Column 2 Part or Section |
| Special clothing | Section 25 (1) or (2) |
| Hours of work or overtime | Part 4 |
| Statutory holidays | Part 5 |
| Paid personal illness or injury leave | Section 49.1 (1) (a), (3) and (4) |
| Annual vacation or vacation pay | Part 7 |
| Seniority retention, recall, termination of employment or layoff | Section 63 |
(3) If a collective agreement contains no provisions respecting a matter set out in column 1 of the following table, or contains any provisions respecting a matter set out in column 1 that, when considered together, do not meet or exceed the requirements, when considered together, of the Part or section of this Act specified opposite the matter in column 2 of the table, that Part or section of the Act is deemed to be incorporated in the collective agreement as part of its terms:
| Column 1 Matter | Column 2 Part or Section |
| Special clothing | Section 25 (1) or (2) |
| Hours of work or overtime | Part 4, except section 37 |
| Statutory holidays | Part 5 |
| Paid personal illness or injury leave | Section 49.1 (1) (a), (3) and (4) |
| Annual vacation or vacation pay | Part 7 |
| Seniority retention, recall, termination of employment or layoff | Section 63 |
Section 3 (6) (part) BEFORE amended by 2022-8-1(b), effective March 31, 2022 (Royal Assent).
Part 6 [leaves and jury duty] except for section 49.1 (1) (a), (3) and (4) [paid personal illness or injury leave];
Section 3 (6) items regarding section 3 (2.1) and Part 5 were added by 2023-16-12(b), effective May 11, 2023 (Royal Assent).
Section 3 (6) items regarding sections 16.1 and 16.2 were added by 2024-2-1, effective April 22, 2024 (BC Reg 87/2024).
Section 7 BEFORE repealed by 2003-65-2, effective December 14, 2003 (BC Reg 431/2003).
Continuing review of this Act
7 (1) The minister may appoint a committee to review this Act and evaluate how it is functioning.
(2) The minister may designate one of the members of the review committee as its chair.
(3) Anyone representing the interests of employers or employees is not eligible to be designated as chair of the review committee.
(4) The review committee may consult with employers, employees and any other persons it considers appropriate.
(5) If a review committee is appointed, it must provide to the minister, at least every 3 years, an evaluation report that
(a) identifies any problems that arise under this Act, and
(b) includes any recommendations about the need for amendments to this Act or the regulations.
Section 9 BEFORE re-enacted by 2003-65-3, effective December 14, 2003 (BC Reg 431/2003).
No hiring of children under 15 without director's permission
9 (1) A person must not employ a child under age 15 without the director's permission.
(2) A parent or guardian must not consent to a person employing a child under age 15 unless the person has obtained the director's permission.
(3) On permitting the employment of a child under age 15, the director may set the conditions of employment for the child.
(4) An employer must comply with the conditions of employment set under subsection (3).
Section 9 BEFORE re-enacted by 2019-27-6, effective October 15, 2021 (BC Reg 215/2021).
Hiring children
9 (1) A person must not employ a child under 15 years of age unless the person has obtained the written consent of the child's parent or guardian.
(2) A person must not employ a child under 12 years of age without the director's permission.
(3) On permitting the employment of a child under 12 years of age, the director may set the conditions of employment for the child.
(4) An employer must comply with the conditions of employment set under subsection (3).
Section 13 BEFORE re-enacted by 2019-27-8, effective May 30, 2019 (Royal Assent).
Farm labour contractors must be licensed
13 (1) A person must not act as a farm labour contractor unless the person is licensed under this Act.
(2) A person who engages the services of an unlicensed farm labour contractor is deemed for the purposes of this Act to be the employer of the farm labour contractor's employees.
(3) A person must not engage the services of a farm labour contractor unless the farm labour contractor is licensed under this Act.
Section 14 BEFORE amended by 2019-27-10, effective October 15, 2021 (BC Reg 215/2021).
Written employment contract required for domestics
14 (1) On employing a domestic, the employer must provide the domestic with a copy of the employment contract.
(2) The copy of the employment contract provided to the domestic must clearly state the conditions of employment, including
(a) the duties the domestic is to perform,
(d) the charges for room and board.
(3) If an employer requires a domestic to work during any pay period any hours other than those stated in the employment contract, the employer must add those hours to the hours worked during that pay period under the employment contract.
Section 16 (1) BEFORE amended by 2024-2-2, effective April 22, 2024 (BC Reg 87/2024).
(1) An employer must pay an employee at least the minimum wage as prescribed in the regulations.
Section 17 (2) BEFORE amended by 2002-42-5, effective November 29, 2002 end of the day (BC Reg 307/2002).
(2) Subsection (1) does not apply to
(a) overtime wages credited to an employee's time bank,
(b) statutory holiday pay credited to an employee's time bank, or
(c) vacation pay.
Section 19 (4) and (5) BEFORE amended by 2002-42-6, effective May 30, 2002 (Royal Assent).
(4) If the director cannot locate an employee within one year after receiving the employee's wages under this section, the director must transfer the wages to the Minister of Finance and Corporate Relations in accordance with the transfer schedule set by that minister.
(5) Money transferred to the Minister of Finance and Corporate Relations under subsection (4) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.
Section 19 BEFORE amended by 2003-9-18, effective March 31, 2003 (BC Reg 149/2003).
If employee cannot be located
19 (1) If an employer cannot locate an employee to pay the employee's wages, the employer must pay the wages to the director within 60 days after the wages became payable.
(2) The director must give an employer a receipt for any wages received from the employer under subsection (1).
(3) The director's receipt for wages is proof that the employer's liability for payment of the wages is discharged to the extent of the amount stated in the receipt.
(4) If the director cannot locate an employee within one year after receiving the employee's wages under this section, the director must transfer the wages to the minister charged with the administration of the Financial Administration Act in accordance with the transfer schedule set by that minister.
(5) Money transferred to the minister charged with the administration of the Financial Administration Act under subsection (4) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.
Section 19 (1) was added after the above (1) was renumbered (1.1) by 2003-9-18, effective March 31, 2003 (BC Reg 149/2003).
Section 22 (1) (e) BEFORE repealed by 2003-65-5(a), effective December 14, 2003 (BC Reg 431/2003).
(e) for a purpose authorized under subsection (2).
Section 22 (2) BEFORE repealed by 2003-65-5(b), effective December 14, 2003 (BC Reg 431/2003).
(2) The director may authorize an assignment of wages for a purpose that the director considers is for the employee's benefit.
Section 22 (4) BEFORE amended by 2019-27-12, effective May 30, 2019 (Royal Assent).
(4) An employer may honour an employee's written assignment of wages to meet a credit obligation.
Section 25 (2) (c) BEFORE amended by 2002-42-7, effective May 30, 2002 (Royal Assent).
(c) the employer must retain for 5 years records of the agreement and the amounts reimbursed.
Section 25 (2) (c) BEFORE amended by 2019-27-13, effective May 30, 2019 (Royal Assent).
(c) the employer must retain for 2 years records of the agreement and the amounts reimbursed.
Section 27 (2) BEFORE amended by 2002-42-8, effective May 30, 2002 (Royal Assent).
(2) If requested in writing by an employee or by a trade union representing an employee, a wage statement may be provided electronically to the employee.
Section 27 (3) BEFORE repealed by 2002-42-8, effective May 30, 2002 (Royal Assent).
(3) To cancel a request made under subsection (2), an employee or trade union must notify the employer in writing.
Section 28 (2) (c) BEFORE amended by 2002-42-9, effective May 30, 2002 (Royal Assent).
(c) be retained by the employer for 5 years after the employment terminates.
Section 28 (2) (c) BEFORE amended by 2019-27-14, effective May 30, 2019 (Royal Assent).
(c) be retained by the employer for 2 years after the employment terminates.
Section 29 BEFORE repealed by 2002-42-10, effective May 30, 2002 (Royal Assent).
Producer to receive farm labour contractor's payroll records
29 (1) A farm labour contractor must provide to a producer, at the time required by subsection (2), a copy of the payroll records of each employee of the farm labour contractor who does work for the producer.
(2) The payroll records must be provided by the earlier of the following:
(a) on each payday;
(b) the day the farm labour contract with the producer is completed.
(3) A producer must keep copies of all records provided under subsection (2) for 5 years after the records were required to be provided.
Section 31 BEFORE repealed by 2002-42-12, effective May 30, 2002 (Royal Assent).
Hours-of-work notices
31 (1) An employer must display hours-of-work notices in each workplace in locations where the notices can be read by all employees.
(2) An hours-of-work notice must include
(a) when work starts and ends,
(b) when each shift starts and ends, and
(c) the meal breaks scheduled during the work period.
(3) An employer must give an employee 24 hours' notice of a change in shift unless
(a) as a result of the change the employee will be entitled to overtime wages, or
(b) the shift is extended before it ends.
Section 32 (2) BEFORE amended by 2002-42-13, effective May 30, 2002 (Royal Assent).
(2) An employer who requires an employee to be available for work during a meal break must count the meal break as time worked by the employee.
Section 34 BEFORE re-enacted by 2002-42-14, effective May 30, 2002 (Royal Assent).
Minimum daily hours
34 (1) If an employee reports for work on any day as required by an employer, the employer must pay the employee for
(a) at least the minimum hours for which the employee is entitled to be paid under this section, or
(b) if longer, the entire period the employee is required to be at the workplace.
(2) An employee is entitled to be paid for a minimum of
(a) 4 hours at the regular wage, if the employee starts work unless the work is suspended for a reason completely beyond the employer's control, including unsuitable weather conditions, or
(b) 2 hours at the regular wage, in any other case unless the employee is unfit to work or fails to comply with Part 3 of the Workers Compensation Act or a regulation under that Part.
(3) Despite subsection (2) (a), a school student reporting for work on a school day is entitled to be paid for a minimum of 2 hours at the regular wage in the circumstances described in that subsection.
Section 34 (1) and (2) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).
(1) Subject to subsections (2) and (3), if as required by an employer an employee reports for work on any day, the employer must pay the employee for a minimum of 2 hours at the regular wage whether or not the employee starts work, unless the employee is unfit to work or fails to comply with Part 3 of the Workers Compensation Act, or a regulation under that Part.
(2) Whether or not the employee starts work, the employer under subsection (1) must pay the employee for a minimum of 4 hours at the employee's regular wage if the employer had previously scheduled the employee to work for more than 8 hours that day, unless
(a) the employee is unfit to work or fails to comply with Part 3 of the Workers Compensation Act, or a regulation under that Part, or
(b) the work is suspended for reasons completely beyond the employer's control, including unsuitable weather conditions.
Section 35 BEFORE re-enacted by 2002-42-15, effective November 29, 2002 end of the day (BC Reg 307/2002).
Maximum hours of work
35 An employer must pay overtime wages in accordance with section 40 or 41 if the employer requires or, directly or indirectly, allows an employee to work
(a) over 8 hours a day or 40 hours a week, or
(b) if the employee is on a flexible work schedule adopted under section 37 or 38, an average over the employee's shift cycle of over 8 hours a day or 40 hours a week.
Section 36 (1) (b) BEFORE amended by 2002-42-16, effective November 29, 2002 end of the day (BC Reg 307/2002).
(b) pay an employee double the regular wage for time worked by the employee during the 32 hour period the employee would otherwise be entitled to have free from work.
Section 37 BEFORE re-enacted by 2002-42-17, effective November 29, 2002 end of the day (BC Reg 307/2002).
Flexible work schedules for employees not covered by collective agreement
37 (1) An employer may adopt a flexible work schedule for employees not covered by a collective agreement if
(a) the schedule is prescribed in the regulations and is for a period of at least 26 weeks,
(b) the employer has followed the procedure in the regulations,
(c) at least 65% of all employees who will be affected by the schedule approve of it, and
(d) within 7 days after the date of approval by the employees, the employer has provided the director with a copy of the schedule.
(2) An employer may at any time cancel a flexible work schedule.
(3) The director may cancel a flexible work schedule if
(a) an employee affected by the schedule complains in writing to the director, and
(b) the director is satisfied that the employer has not complied with subsection (1) (b) or has unduly influenced, intimidated or coerced any employees to persuade them to approve the schedule.
(4) Unless cancelled under subsection (2) or (3), a flexible work schedule expires 2 years after it is approved under subsection (1) (c) but it may be renewed with the approval of at least 65% of the affected employees.
(5) An employer must retain for 5 years after the date of approval all records relating to the approval of a flexible work schedule.
Section 37 (13) BEFORE amended by 2019-27-16, effective May 30, 2019 (Royal Assent).
(13) An employer must retain an averaging agreement under this section for 2 years after the employment terminates.
Section 38 BEFORE repealed by 2002-42-18, effective May 30, 2002 (Royal Assent).
Flexible work schedules for employees covered by collective agreement
38 An employer may adopt a flexible work schedule for employees covered by a collective agreement if the flexible work schedule
(a) is for a period of at least 26 weeks,
(b) consists of a shift cycle of days at work and days off work that repeats over a period of up to 8 consecutive weeks,
(c) allows each employee affected by the schedule to work during each shift cycle, an average of at least 35 and not more than 40 hours per week at the employee's regular wage, and
(d) has been approved by a trade union representing the affected employees.
Section 40 (1) and (2) BEFORE amended by 2002-42-19, effective November 29, 2002 end of the day (BC Reg 307/2002).
(1) An employer must pay an employee who works over 8 hours a day and is not on a flexible work schedule adopted under section 37 or 38
(a) 1 1/2 times the employee's regular wage for the time over 8 hours, and
(b) double the employee's regular wage for any time over 11 hours.
(2) An employer must pay an employee who works over 40 hours a week and is not on a flexible work schedule adopted under section 37 or 38
(a) 1 1/2 times the employee's regular wage for the time over 40 hours, and
(b) double the employee's regular wage for any time over 48 hours.
Section 40 (4) BEFORE repealed by 2002-42-19, effective November 29, 2002 end of the day (BC Reg 307/2002).
(4) If a week contains a statutory holiday that is given to an employee in accordance with Part 5,
(a) the references to hours in subsection (2) (a) and (b) are reduced by 8 hours for each statutory holiday in the week, and
(b) the hours the employee works on the statutory holiday are not counted when calculating the employee's overtime for that week.
Section 41 BEFORE repealed by 2002-42-20, effective November 29, 2002 end of the day (BC Reg 307/2002).
Overtime wages for employees on a flexible work schedule
41 An employer must pay an employee who is on a flexible work schedule and who works more than an average over the shift cycle of 8 hours a day or 40 hours a week
(a) overtime wages as prescribed in the regulations, if the schedule was adopted under section 37, or
(b) overtime wages as required by the collective agreement, if the schedule was adopted under section 38.
Section 42 (2) BEFORE amended by 2002-42-21, effective November 29, 2002 end of the day (BC Reg 307/2002).
(2) Overtime wages must be credited to a time bank at the rates required under section 40 or 41.
Section 42 (3.1) and (3.2) were added by 2003-65-6(a), effective December 14, 2003 (BC Reg 431/2003).
Section 42 (4) and (6) BEFORE repealed by 2003-65-6(b), effective December 14, 2003 (BC Reg 431/2003).
(4) The employer must ensure that all overtime wages credited to an employee's time bank are paid to the employee, or taken as time off with pay, within 6 months after the overtime wages were earned.
(6) An employer may set a common date for paying out employees' overtime wages under subsection (4) so long as the common date does not result in an extension of the 6 month period for any employee.
Section 43 BEFORE repealed by 2002-42-22, effective May 30, 2002 (Royal Assent).
Standards for those covered by collective agreement
43 (1) If the hours of work, overtime and special clothing provisions of a collective agreement, when considered together, meet or exceed the requirements of this Part and section 25 when considered together, those provisions replace the requirements of this Part and section 25 for the employees covered by the collective agreement.
(2) If the hours of work, overtime and special clothing provisions of a collective agreement, when considered together, do not meet or exceed the requirements of this Part and section 25 when considered together,
(a) the requirements of this Part and section 25 are deemed to form part of the collective agreement and to replace those provisions, and
(b) the grievance provisions of the collective agreement apply for resolving any dispute about the application or interpretation of those requirements.
Sections 44, 45 and 46 BEFORE re-enacted by 2002-42-23, effective November 29, 2002 end of the day (BC Reg 307/2002).
Entitlement to statutory holiday
44 After 30 calendar days of employment, an employer must either
(a) give an employee a day off with pay on each statutory holiday, or
(b) comply with section 46.
Statutory holiday pay
45 An employee who is given a day off on a statutory holiday or instead of a statutory holiday must be paid the following amount for the day off:
(a) if the employee has a regular schedule of hours and the employee has worked or earned wages for at least 15 of the last 30 days before the statutory holiday, the same amount as if the employee had worked regular hours on the day off;
(b) in any other case, an amount calculated in accordance with the regulations.
If employee is required to work on statutory holiday
46 (1) An employee who works on a statutory holiday must be paid for that day
(a) 1 1/2 times the employee's regular wage for the time worked up to 11 hours, and
(b) double the employee's regular wage for any time worked over 11 hours.
(2) In addition, the employer must give the employee a working day off with pay according to section 45.
(3) The employee may choose to have the pay for the day off credited to the employee's time bank, if one has been established.
(4) The employer must schedule the day off with pay
(a) before the employee's annual vacation,
(b) before the date the employment terminates, or
(c) if the pay for the day off is credited to the employee's time bank, within 6 months after the date of the statutory holiday,
whichever is earliest.
Section 47 BEFORE repealed by 2002-42-23, effective November 29, 2002 end of the day (BC Reg 307/2002).
Section 48 (1) and (3) BEFORE amended by 2002-42-24, effective May 30, 2002 (Royal Assent).
(1) An employer may substitute another day off for a statutory holiday if
(a) the substitution is agreed to in a collective agreement that binds the employer, or
(b) the employer and a majority of the affected employees at a workplace agree to the substitution.
(3) An employer must retain for 5 years records of agreements made under subsection (1) (b).
Section 48 (3) BEFORE amended by 2019-27-17, effective May 30, 2019 (Royal Assent).
(3) An employer must retain for 2 years records of agreements made under subsection (1).
Section 49 BEFORE repealed by 2002-42-25, effective May 30, 2002 (Royal Assent).
Standards for those covered by collective agreement
49 (1) If the statutory holiday provisions of a collective agreement, when considered together, meet or exceed the requirements of this Part when considered together, those provisions replace the requirements of this Part for the employees covered by the collective agreement.
(2) If the statutory holiday provisions of a collective agreement, when considered together, do not meet or exceed the requirements of this Part when considered together,
(a) the requirements of this Part are deemed to form part of the collective agreement and to replace those provisions, and
(b) the grievance provisions of the collective agreement apply for resolving any dispute about the application or interpretation of those requirements.
Section 49.1 (1) BEFORE amended by 2021-12-2(a), effective January 1, 2022.
(1) After 90 consecutive days of employment with an employer, an employee is entitled to up to 3 days of unpaid leave in each employment year for personal illness or injury.
Section 49.1 (1) (part) BEFORE amended by 2022-8-2, effective March 31, 2022 (Royal Assent).
(1) After 90 consecutive days of employment with an employer, an employee, for personal illness or injury, is entitled, in each employment year, to
Section 50 (1) and (5) BEFORE amended by 2000-26-8, effective December 31, 2000 (BC Reg 349/2000).
50 (1) A pregnant employee who requests leave under this section is entitled to up to 18 consecutive weeks of unpaid leave
(a) beginning no earlier than 11 weeks before the expected birth date, and
(b) ending no earlier than 6 weeks after the actual birth date unless the employee requests a shorter period.
(5) A request for a shorter period under subsection (1) (b) must
Section 50 (1) BEFORE amended by 2002-42-25, effective May 30, 2002 (Royal Assent).
(1) A pregnant employee who requests leave under this section is entitled to up to 17 weeks of unpaid leave
Section 50 (4) (c) BEFORE amended by 2011-24-4(a), effective August 1, 2012 (BC Reg 121/2012).
(c) if required by the employer, be accompanied by a medical practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (3).
Section 50 (5) (b) BEFORE amended by 2011-24-4(b), effective August 1, 2012 (BC Reg 121/2012).
(b) if required by the employer, be accompanied by a medical practitioner's certificate stating the employee is able to resume work.
Section 50 (1) BEFORE amended by 2018-7-1(a), effective May 17, 2018 (Royal Assent).
(1) A pregnant employee who requests leave under this section is entitled to up to 17 consecutive weeks of unpaid leave
(i) no earlier than 11 weeks before the expected birth date, and
(ii) no later than the actual birth date, and
(i) no earlier than 6 weeks after the actual birth date, unless the employee requests a shorter period, and
Section 50 (2), (3) and (5) BEFORE amended by 2018-7-1(a), (b) and (c), effective May 17, 2018 (Royal Assent).
(2) An employee who requests leave under this section after the birth of a child or the termination of a pregnancy is entitled to up to 6 consecutive weeks of unpaid leave beginning on the date of the birth or of the termination of the pregnancy.
(3) An employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, she is unable to return to work when her leave ends under subsection (1) or (2).
(5) A request for a shorter period under subsection (1) (b) (i) must
(a) be given in writing to the employer at least one week before the date the employee proposes to return to work, and
(b) if required by the employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the employee is able to resume work.
Section 51 (1) and (4) BEFORE amended by 2000-26-9, effective December 31, 2000 (BC Reg 349/2000).
Parental leave
51 (1) An employee who requests parental leave under this section is entitled to up to 12 consecutive weeks of unpaid leave beginning,
(a) for a birth mother, immediately after the end of the leave taken under section 50 unless the employer and employee agree otherwise,
(b) for a birth father, after the child's birth and within 52 weeks after that event, and
(c) for an adopting parent, within 52 weeks after the child is placed with the parent.
(4) An employee's combined entitlement to leave under section 50 and this section is limited to 32 weeks plus any additional leave the employee is entitled to under section 50 (3) or subsection (2) of this section.
Section 51 (1) (d) BEFORE amended by 2002-42-27, effective May 30, 2002 (Royal Assent).
(d) for an adopting parent, up to 37 consecutive weeks beginning within 52 weeks after the child is placed with the parent.
Section 51 (2) BEFORE amended by 2002-42-27, effective May 30, 2002 (Royal Assent).
(2) If the child has a physical, psychological or emotional condition requiring an additional period of parental care, the employee is entitled to up to 5 additional weeks of unpaid leave, beginning immediately after the end of the leave taken under subsection (1).
Section 51 (3) (b) BEFORE amended by 2002-42-27, effective May 30, 2002 (Royal Assent).
(b) if the request is for leave under subsection (1) (a) or (b), be given to the employer at least 4 weeks before the employee proposes to begin leave, and
Section 51 (3) (c) BEFORE amended by 2011-24-5, effective August 1, 2012 (BC Reg 121/2012).
(c) if required by the employer, be accompanied by a medical practitioner's certificate or other evidence of the employee's entitlement to leave.
Section 51 (1) (a) and (b) BEFORE amended and paragraph (c) repealed by 2011-25-327, effective March 18, 2013 (BC Reg 131/2012).
(a) for a birth mother who takes leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 35 consecutive weeks of unpaid leave beginning immediately after the end of the leave taken under section 50 unless the employer and employee agree otherwise,
(b) for a birth mother who does not take leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event,
(c) for a birth father, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event, and
Section 51 BEFORE amended by 2018-7-2, effective May 17, 2018 (Royal Assent).
Parental leave
51 (1) An employee who requests parental leave under this section is entitled to,
(a) for a parent who takes leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 35 consecutive weeks of unpaid leave beginning immediately after the end of the leave taken under section 50 unless the employer and employee agree otherwise,
(b) for a parent, other than an adopting parent, who does not take leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event, and
(d) for an adopting parent, up to 37 consecutive weeks of unpaid leave beginning within 52 weeks after the child is placed with the parent.
(2) If the child has a physical, psychological or emotional condition requiring an additional period of parental care, the employee is entitled to up to an additional 5 consecutive weeks of unpaid leave, beginning immediately after the end of the leave taken under subsection (1).
(a) be given in writing to the employer,
(b) if the request is for leave under subsection (1) (a), (b) or (c), be given to the employer at least 4 weeks before the employee proposes to begin leave, and
(c) if required by the employer, be accompanied by a medical practitioner's or nurse practitioner's certificate or other evidence of the employee's entitlement to leave.
(4) An employee's combined entitlement to leave under section 50 and this section is limited to 52 weeks plus any additional leave the employee is entitled to under section 50 (3) or subsection (2) of this section.
Section 52.1 (2) (part) BEFORE amended by 2011-24-6, effective August 1, 2012 (BC Reg 121/2012).
(2) An employee who requests leave under this section is entitled to up to 8 weeks of unpaid leave to provide care or support to a family member if a medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks, or such other period as may be prescribed, after
Section 52.1 (2) (part) BEFORE amended by 2018-7-3(a), effective May 17, 2018 (Royal Assent).
(2) An employee who requests leave under this section is entitled to up to 8 weeks of unpaid leave to provide care or support to a family member if a medical practitioner or nurse practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks, or such other period as may be prescribed, after
Section 52.1 (5) (b) BEFORE amended by 2018-7-3(b), effective May 17, 2018 (Royal Assent).
(b) the expiration of 26 weeks or other prescribed period from the date the leave began.
Section 52.1 (7) BEFORE amended by 2018-7-3(c), effective May 17, 2018 (Royal Assent).
(7) If an employee takes a leave under this section and the family member to whom subsection (2) applies does not die within the period referred to in that subsection, the employee may take a further leave after obtaining a new certificate in accordance with subsection (2), and subsections (3) to (6) apply to the further leave.
Section 52.121 BEFORE self-repealed by RS1996-113-52.121(8), effective December 31, 2021.
COVID-19-related paid leave
"applicable period" means the period described in section 52.12 (3);
"eligibility period" means the period that begins on the date this section comes into force and ends on December 31, 2021.
(2) Subject to subsection (3), despite an employee being entitled under section 52.12 (2) only to unpaid leave during the applicable period, an employee who is on leave under section 52.12 (2) (a), (b) or (c) is entitled, on request under this section, to paid leave for a period of that leave of up to 3 days.
(3) An employee is entitled to paid leave under this section of up to 3 days during the eligibility period.
(4) Subject to subsection (5), an employer must pay an employee who takes leave under this section an amount in money equal to at least the amount calculated by multiplying the period of the leave and the average day's pay, where the average day's pay is determined by the formula
| amount paid ÷ days worked |
| where | |
| amount paid | is the amount paid or payable to the employee for work that is done during and wages that are earned within the 30 calendar day period preceding the leave, including vacation pay that is paid or payable for any days of vacation taken within that period, less any amounts paid or payable for overtime, and |
| days worked | is the number of days the employee worked or earned wages within that 30 calendar day period. |
(5) An employer must pay an employee in a prescribed circumstance who takes leave under this section an amount in money equal to at least the amount calculated in accordance with the regulations.
(6) If a collective agreement contains any provisions respecting paid leave that apply to a circumstance described in section 52.12 (2) (a), (b) or (c), and the provisions, when considered together, meet or exceed the requirements, when considered together, of this section, those provisions of the collective agreement replace the requirements of this section in respect of employees covered by the collective agreement.
(7) If a collective agreement contains no provisions respecting paid leave that apply to a circumstance described in section 52.12 (2) (a), (b) or (c), or contains any provisions respecting paid leave that apply to those circumstances that, when considered together, do not meet or exceed the requirements, when considered together, of this section, this section is deemed, while this section is in force, to be incorporated in the collective agreement as part of its terms.
Section 52.13 was enacted by 2021-10-1, effective April 19, 2021 [retro from April 27, 2021 (Royal Assent)].
Section 52.5 (4) and (5) (part) BEFORE amended by 2020-13-1(a) and (b), effective August 14, 2020 (Royal Assent).
(4) If an employee requests leave under subsection (3), the employee is entitled during each calendar year to
(a) up to 10 days of unpaid leave, in units of one or more days or in one continuous period, and
(b) in addition to the period of time referred to in paragraph (a), up to 15 weeks of unpaid leave.
(5) A leave under subsection (4) (b) may be taken by the employee in
Section 52.5 (4.1), (5.1) and (5.2) were added by 2020-13-1(a) and (c), effective August 14, 2020 (Royal Assent).
Section 52.5 (1) definition of "domestic or sexual violence", (part) BEFORE amended by 2021-17-7, effective June 17, 2021 (Royal Assent).
"domestic or sexual violence" includes
Section 56 (2) (b) BEFORE amended by 2023-10-196, effective March 30, 2023 (Royal Assent).
(b) if both the employer and the employee pay the cost of the plan and the employee chooses to continue to pay his or her share of the cost.
Section 58 (2) (b) BEFORE amended by 2002-42-28, effective May 30, 2002 (Royal Assent).
(b) on the employee's scheduled pay days, if agreed by the employer and the employee or by collective agreement.
Section 61 BEFORE repealed by 2002-42-29, effective May 30, 2002 (Royal Assent).
Standards for those covered by collective agreement
61 (1) If the annual vacation and vacation pay provisions of a collective agreement, when considered together, meet or exceed the requirements of this Part when considered together, those provisions replace the requirements of this Part for the employees covered by the collective agreement.
(2) If the annual vacation and vacation pay provisions of a collective agreement, when considered together, do not meet or exceed the requirements of this Part when considered together,
(a) the requirements of this Part are deemed to form part of the collective agreement and to replace those provisions, and
(b) the grievance provisions of the collective agreement apply for resolving any dispute about the application or interpretation of those requirements.
Section 63 (3) (b) BEFORE amended by 2002-42-30, effective May 30, 2002 (Royal Assent).
(b) is given a combination of notice and money equivalent to the amount the employer is liable to pay, or
Section 63 (5) BEFORE amended by 2002-42-30, effective May 30, 2002 (Royal Assent).
(5) For the purpose of determining the termination date, the employment of an employee who is laid off for more than a temporary layoff is deemed to have been terminated at the beginning of the layoff.
Section 64 (5) BEFORE amended by 2002-42-31, effective May 30, 2002 (Royal Assent).
(5) If an employee is not covered by a collective agreement, the notice and termination pay requirements of this section are in addition to the employer's liability to the employee under section 63.
Section 65 (1) (e) BEFORE amended by 2002-42-32, effective May 30, 2002 (Royal Assent).
(e) employed at a construction site by an employer whose principal business is construction, or
Section 67 (1) (a) BEFORE amended by 2002-42-33, effective May 30, 2002 (Royal Assent).
(a) the notice period coincides with a period during which the employee is on annual vacation, leave, strike or lockout or is unavailable for work due to a strike or lockout or medical reasons, or
Section 69 BEFORE repealed by 2002-42-34, effective May 30, 2002 (Royal Assent).
Standards for those covered by collective agreement
69 (1) If the provisions of a collective agreement relating to an individual termination of employment, including the layoff and right of recall provisions, when considered together, meet or exceed an employee's entitlement under section 63, those provisions replace section 63 for the employees covered by the collective agreement.
(2) If the provisions of a collective agreement relating to an individual termination of employment, including the layoff and right of recall provisions, when considered together, do not meet or exceed an employee's entitlement under section 63, that section is deemed to form part of the collective agreement and to replace those provisions.
(3) An employee's entitlement, under a collective agreement or under this section, on group termination of employment is in addition to the employee's entitlement on an individual termination of employment.
(4) The grievance provisions of a collective agreement apply for resolving any dispute about the application or interpretation of a provision deemed by this section to form part of the collective agreement.
(5) Subsections (1) and (2) do not operate to provide any remedies that would not be otherwise available under the grievance provisions of a collective agreement.
(6) If an employer is in receivership or is subject to action under section 427 of the Bank Act (Canada) or to a proceeding under an insolvency Act, subsections (1) to (5) do not apply and the employee is entitled to the greater, as determined by the director, of
(a) the amount payable for an individual termination under the collective agreement, and
(b) the amount payable to the employee under section 63.
Section 70 BEFORE repealed by 2002-42-34, effective May 30, 2002 (Royal Assent).
Individual layoff under collective agreement
70 (1) If an employee is covered by a collective agreement that includes individual termination and right of recall provisions and the employee is laid off, the employee must choose
(a) to be paid the amount the employee is entitled to receive for an individual termination under the collective agreement, or
(b) to maintain the employee's right of recall under the collective agreement.
(2) If the employee chooses to be paid the amount referred to in subsection (1) (a), the employer must pay that amount within 48 hours.
(3) If the employee chooses to maintain the right of recall or does not after 13 weeks of layoff make a choice, the employer must pay the amount referred to in subsection (1) (a) to the director, in trust, within 48 hours after
(a) the choice is made under subsection (1), or
(b) the end of the 13 weeks.
(4) An amount received in trust by the director earns interest at the prescribed rate from the date the amount is deposited in a savings institution to the date of payment to the person entitled.
(5) The director must pay the amount received under this section, plus interest earned on that amount,
(a) to the employer, if the employee accepts employment made available under the right of recall, or
(b) to the employee, if the employee renounces the right of recall or is not recalled to employment within the period specified in the collective agreement.
(6) On accepting money paid under this section, the employee is deemed to have abandoned
(a) any right to be recalled to employment by that employer, and
(b) any right to displace an employee of another employer covered by the same collective agreement as the employer who made the payment.
(7) On accepting employment under the right of recall, the employee is deemed to have abandoned the right to payment under this section.
Section 72 (d) BEFORE amended by 2002-42-36(a), effective May 30, 2002 (Royal Assent).
(d) section 31 (3) (notice of a change in shift);
Section 72 (h) BEFORE amended by 2002-42-36(b), effective November 29, 2002 end of the day (BC Reg 307/2002).
(h) section 40 (overtime wages for employees not on a flexible work schedule);
Section 72 (h.1) was added by 2002-42-36(b), effective November 29, 2002 end of the day (BC Reg 307/2002).
Section 73 (1) (b) BEFORE amended by 2002-42-37, effective May 30, 2002 (Royal Assent).
(b) the variance is consistent with the intent of this Act.
Section 74 (4) BEFORE amended by 2019-27-24(a), effective August 15, 2021 (BC Reg 215/2021).
(4) A complaint that a person has contravened a requirement of section 8, 10 or 11 must be delivered under subsection (2) within 6 months after the date of the contravention.
Section 75 (2) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).
(2) Subsection (1) applies despite any provision of the Freedom of Information and Protection of Privacy Act other than section 45 (2) and (3) of that Act.
Section 76 BEFORE re-enacted by 2002-42-39, effective May 30, 2002 (Royal Assent).
Investigation after or without a complaint
76 (1) Subject to subsection (2), the director must investigate a complaint made under section 74.
(2) The director may refuse to investigate a complaint or may stop or postpone investigating a complaint if
(a) the complaint is not made within the time limit in section 74 (3) or (4),
(b) this Act does not apply to the complaint,
(c) the complaint is frivolous, vexatious or trivial or is not made in good faith,
(d) there is not enough evidence to prove the complaint,
(e) a proceeding relating to the subject matter of the complaint has been commenced before a court, tribunal, arbitrator or mediator,
(f) a court, tribunal or arbitrator has made a decision or award relating to the subject matter of the complaint, or
(g) the dispute that caused the complaint is resolved.
(3) Without receiving a complaint, the director may conduct an investigation to ensure compliance with this Act.
Section 76 BEFORE amended by 2019-27-25, effective August 15, 2021 (BC Reg 215/2021).
Investigations
76 (1) Subject to subsection (3), the director must accept and review a complaint made under section 74.
(2) The director may conduct an investigation to ensure compliance with this Act and the regulations, whether or not the director has received a complaint.
(3) The director may refuse to accept, review, mediate, investigate or adjudicate a complaint or may stop or postpone reviewing, mediating, investigating or adjudicating a complaint if
(a) the complaint is not made within the time limit specified in section 74 (3) or (4),
(b) this Act does not apply to the complaint,
(c) the complaint is frivolous, vexatious or trivial or is not made in good faith,
(d) the employee has not taken the requisite steps specified by the director in order to facilitate resolution or investigation of the complaint,
(e) there is not enough evidence to prove the complaint,
(f) a proceeding relating to the subject matter of the complaint has been commenced before a court, a tribunal, an arbitrator or a mediator,
(g) a court, a tribunal or an arbitrator has made a decision or an award relating to the subject matter of the complaint,
(h) the dispute that caused the complaint may be dealt with under section 3 (7), or
Section 76 (3) (part) BEFORE amended by 2023-44-3(a), effective November 30, 2023 (Royal Assent).
(3) The director may stop or postpone reviewing or investigating a complaint or refuse to investigate a complaint if
Section 76 (3) (i) BEFORE amended by 2023-44-3(c), effective November 30, 2023 (Royal Assent).
(i) the dispute that caused the complaint is resolved, including by way of a settlement agreement made under section 78.
Section 78 BEFORE re-enacted by 2002-42-40, effective May 30, 2002 (Royal Assent).
Settlements
78 (1) The director may do one or more of the following:
(a) assist in settling a complaint or a matter investigated under section 76;
(b) arrange that a person pay directly to an employee or other person any amount to be paid as a result of a settlement;
(c) receive on behalf of an employee or other person any amount to be paid as a result of a settlement.
(2) The director must pay money received under subsection (1) (c) to the person on whose behalf the money was received.
(3) If a person fails to comply with the terms of a settlement, the settlement is void and the director may
(a) determine the amount the person would have been required to pay under section 79 had the settlement not been made, and
(b) require the person to pay that amount.
Section 78 (1) (a) BEFORE amended by 2019-27-27, effective August 15, 2021 (BC Reg 215/2021).
(a) assist in settling a complaint or a matter investigated under section 76;
Section 79 BEFORE re-enacted by 2002-42-41, effective May 30, 2002 (Royal Assent).
Determination
79 (1) On completing an investigation, the director may make a determination under this section.
(2) If satisfied that the requirements of this Act and the regulations have not been contravened, the director must dismiss a complaint.
(3) If satisfied that a person has contravened a requirement of this Act or the regulations, the director may do one or more of the following:
(a) require the person to comply with the requirement;
(b) require the person to remedy or cease doing an act;
(c) impose a penalty on the person under section 98.
(4) In addition, if satisfied that an employer has contravened a requirement of section 8 or Part 6, the director may require the employer to do one or more of the following:
(a) hire a person and pay the person any wages lost because of the contravention;
(b) reinstate a person in employment and pay the person any wages lost because of the contravention;
(c) pay a person compensation instead of reinstating the person in employment;
(d) pay an employee or other person reasonable and actual out of pocket expenses incurred by him or her because of the contravention.
(5) If satisfied that an employer has contravened section 39, the director may require the employer to limit hours of work of employees to
(a) 8 in a day or 40 in a week, or
(b) if the employer has adopted a flexible work schedule under section 37 or 38, an average over the shift cycle of 8 in a day or 40 in a week.
(6) If satisfied that an employer has contravened a requirement under subsection (5), the director may require the employer to vary the overtime wages payable to employees for the period of the contravention and any later period.
Section 79 (2) (d) BEFORE amended by 2023-10-197, effective March 30, 2023 (Royal Assent).
(d) pay an employee or other person reasonable and actual out of pocket expenses incurred by him or her because of the contravention.
Section 80 (1) (a) and (b) BEFORE amended by 2002-42-42, effective May 30, 2002 (Royal Assent).
(a) in the case of a complaint, 24 months before the earlier of the date of the complaint or the termination of the employment, and
(b) in any other case, 24 months before the director first told the employer of the investigation that resulted in the determination,
Section 80 (2) (a) (i) and (ii) BEFORE amended by 2002-42-42, effective May 30, 2002 (Royal Assent).
(i) in the case of a complaint, 24 months before the date of the complaint, and
(ii) in any other case, 24 months before the director first told the talent agency of the investigation that resulted in the determination, and
Section 80 (1.1) was added by 2002-63-6, effective May 30, 2002 [retro from October 31, 2002 (Royal Assent).]
Section 80 (1) (a) and (b) BEFORE amended by 2019-27-29(a), effective May 30, 2019 (Royal Assent).
(a) in the case of a complaint, 6 months before the earlier of the date of the complaint or the termination of the employment, and
(b) in any other case, 6 months before the director first told the employer of the investigation that resulted in the determination,
Section 80 (2) (a) (i) and (ii) BEFORE amended by 2019-27-29(a), effective May 30, 2019 (Royal Assent).
(i) in the case of a complaint, 6 months before the date of the complaint, and
(ii) in any other case, 6 months before the director first told the talent agency of the investigation that resulted in the determination, and
Section 81 (1) (a) BEFORE repealed by 2002-42-43, effective May 30, 2002 (Royal Assent).
(a) the reasons for the determination;
Section 83 (2) BEFORE repealed by 2002-42-44, effective May 30, 2002 (Royal Assent).
(2) If satisfied that a person has contravened subsection (1), the director may make any determination authorized by section 79 (3) or (4).
Section 84.1 (1) BEFORE amended by 2023-10-198, effective March 30, 2023 (Royal Assent).
(1) At an oral hearing, the director may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the director may call on the assistance of any peace officer to enforce the order or direction.
Section 87 (1), (1.1) and (5) BEFORE amended by 2002-42-45, effective May 30, 2002 (Royal Assent).
(1) Despite any other Act, unpaid wages constitute a lien, charge and secured debt in favour of the director, dating from the time the wages were earned, against all the real and personal property of the employer or other person named in a determination or order, including money due or accruing due to the employer or other person from any source.
(1.1) If a talent agency named in a determination or order has
(5) The lien, charge and secured debt referred to in subsections (1), (1.1) and (2) has priority over a mortgage of, or debenture charging, land, that was registered in a land title office before registration against that land of a certificate of judgment obtained on the filing, under section 91, of a determination or an order of the tribunal, but only with respect to money advanced under the mortgage or debenture after the certificate of judgment was registered.
Section 88 (2) and (5) BEFORE amended by 2002-42-46, effective May 30, 2002 (Royal Assent).
(2) No interest accumulates under subsection (1) from the date a determination is made under section 79 requiring payment of the wages or other amount until 23 days after that date.
(5) An amount collected under this Part, or deposited under section 113, earns interest at the prescribed rate, payable by the Minister of Finance and Corporate Relations, from the date the amount is deposited in a savings institution to the date of payment to the person entitled.
Section 88 (2) BEFORE amended by 2003-65-8, effective December 14, 2003 (BC Reg 431/2003).
(2) No interest accumulates under subsection (1) from the date a determination is made under section 79 or a settlement agreement is made under section 78 requiring payment of the wages or other amount until 23 days after that date.
Section 89 (1), (3) and (4) BEFORE amended by 2002-42-47, effective May 30, 2002 (Royal Assent).
(1) If the director has reason to believe that a person is or is likely to become indebted to another who is required to pay money under a determination or under an order of the tribunal, the director may demand in writing that the person pay to the director, on account of the other's liability under the determination or order, all or part of the money otherwise payable to the other person.
(3) The director's receipt for money paid by a person in response to a demand is proof that the person's liability to the person required to pay under the determination or under the order of the tribunal is discharged to the extent of the amount stated in the receipt.
(4) For the purposes of this section, a savings institution is indebted to a person required to pay under a determination or under an order of the tribunal for money or a beneficial interest in money in the savings institution
Section 90 (2) BEFORE amended by 2002-42-48, effective May 30, 2002 (Royal Assent).
(2) If a person on whom a demand is made under section 89 denies indebtedness to anyone required to pay under a determination or under an order of the tribunal, the director may require that person to produce information the director considers necessary to establish that there is no indebtedness.
Section 91 (1) BEFORE amended by 2002-42-49, effective May 30, 2002 (Royal Assent).
(1) The director may at any time file a determination or an order of the tribunal in a Supreme Court registry.
Section 92 BEFORE re-enacted by 2002-42-50, effective May 30, 2002 (Royal Assent).
Seizure of assets
92 (1) The director may seize as much of the assets owned or possessed by a person required to pay under a determination or under an order of the tribunal, or used in or incidental to that person's business, as is necessary to satisfy
(a) the amount stated in the determination or order, and
(b) the costs of seizure.
(2) The director must safely keep the assets under seizure until
(a) the determination or the order of the tribunal is filed in court under section 91 and a writ of seizure and sale has been executed, or
(b) the determination or order is cancelled under section 86, 115, 116 or 119.
Section 93 BEFORE amended by 2002-42-51, effective May 30, 2002 (Royal Assent).
93 The director must release an asset seized under section 92 if satisfied that the asset is owned by someone other than a person required to pay under a determination or under an order of the tribunal.
Section 94 (2) BEFORE amended by 2002-42-52, effective May 30, 2002 (Royal Assent).
(2) In addition to any other penalty, a person who contravenes subsection (1) is liable for the amount owed by the person required to pay under the determination or under the order of the tribunal.
Section 95 (b) BEFORE amended by 2002-42-53, effective May 30, 2002 (Royal Assent).
(b) if so, they are jointly and separately liable for payment of the amount stated in a determination or in an order of the tribunal, and this Act applies to the recovery of that amount from any or all of them.
Section 95 (a) BEFORE amended by 2003-65-9, effective December 14, 2003 (BC Reg 431/2003).
(a) the director may treat the corporations, individuals, firms, syndicates or associations, or any combination of them, as one person for the purposes of this Act, and
Section 96 (2) BEFORE amended by 2002-42-54, effective May 30, 2002 (Royal Assent).
(2) Despite subsection (1), a person who was a director or officer of a corporation is not personally liable for
(a) any liability to an employee under section 63, termination pay or money payable under a collective agreement in respect of individual or group terminations, if the corporation is in receivership or is subject to action under section 427 of the Bank Act (Canada) or to a proceeding under an insolvency Act,
(b) vacation pay that becomes payable after the director or officer ceases to hold office, or
(c) money that remains in an employee's time bank after the director or officer ceases to hold office.
Section 96 (2) (a) BEFORE amended by 2019-27-30(a), effective May 30, 2019 (Royal Assent).
(a) any liability to an employee under section 63, termination pay or money payable in respect of individual or group terminations, if the corporation is in receivership,
Section 96 (2) (b) BEFORE repealed by 2019-27-30(a), effective May 30, 2019 (Royal Assent).
(b) any liability to an employee for wages, if the corporation is subject to action under section 427 of the Bank Act (Canada) or to a proceeding under an insolvency Act,
Section 96 (2) (c) and (d) BEFORE amended by 2019-27-30(b), effective May 30, 2019 (Royal Assent).
(c) vacation pay that becomes payable after the director or officer ceases to hold office, or
(d) money that remains in an employee's time bank after the director or officer ceases to hold office.
Section 96 (4) BEFORE amended by 2019-27-30(c), effective May 30, 2019 (Royal Assent).
(4) In this section, "director or officer of a corporation" includes a director or officer of a corporation, firm, syndicate or association that the director treats as one employer under section 95.
Section 98 (1) BEFORE amended by 2002-42-55, effective November 29, 2002 end of the day (BC Reg 307/2002).
(1) If the director is satisfied that a person has contravened a requirement of this Act or the regulations or a requirement imposed under section 100, the director may impose a penalty on the person in accordance with the prescribed schedule of penalties.
Section 98 (1.1) and (1.2) were added by 2002-42-55, effective November 29, 2002 end of the day (BC Reg 307/2002).
Section 98 (3) (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) has been convicted of an offence under this Act or the regulations, or
Section 99 (1) to (3), (4), (7) and (8) BEFORE amended by 2002-42-56, effective May 30, 2002 (Royal Assent).
(1) Subject to section 78 (2), the director must pay to the Minister of Finance and Corporate Relations all money received by the director under this Act, including money to be held in trust for the persons named in a determination or in an order of the tribunal.
(2) Money received by the Minister of Finance and Corporate Relations in respect of a determination or an order of the tribunal must be attributed
(a) first, to any wages required to be paid by the determination or order,
(b) next, to any other amount, other than interest or penalties, required to be paid by the determination or order,
(c) next, to interest required to be paid by the determination or order, and
(d) last, to any penalties required to be paid by the determination or order.
(3) The Minister of Finance and Corporate Relations must pay, according to the direction of the director, to the persons named in a determination or in an order of the tribunal, money received in trust for them.
(4) Money attributed to wages under subsection (2) must be attributed proportionally among the employees or former employees named in the determination or order according to the amount owing as shown on the determination or order.
(7) Subsections (4) to (6) apply also to interest required to be paid on wages by a determination or an order of the tribunal.
(8) Despite subsections (5) and (7), if money is received for wages or interest owing to an employee who owes money under another determination or under an order of the tribunal, the director may direct that the amount received be used to pay the claims of anyone entitled to payment under the other determination or the order.
Section 100 (1) BEFORE amended by 2007-14-91, effective December 1, 2007 (BC Reg 354/2007).
(1) To ensure compliance with this Act or the regulations, the director may require an employer who has at any time contravened a requirement relating to the payment of wages under this Act, the former Act or the regulations under either Act
Section 100 (2) (b) BEFORE amended by 2007-14-91, effective December 1, 2007 (BC Reg 354/2007).
(b) the employer has been convicted of an offence under this Act, the former Act or the regulations under either Act.
Section 101.1 was enacted and added to Part 11 by 2010-3-28, effective June 4, 2010 (BC Reg 131/2010).
Section 102 BEFORE re-enacted by 2003-47-21, effective February 13, 2004 (BC Reg 45/2004).
Establishment of tribunal
102 (1) The Employment Standards Tribunal is established.
(2) The tribunal consists of the following members:
(a) a chair appointed by the Lieutenant Governor in Council;
(b) as many adjudicators appointed by the chair as the chair considers necessary;
(c) any members appointed by the minister under subsection (3).
(3) The minister may appoint members representative of the interests of employees and an equal number of members representative of the interests of employers.
(4) The members of the tribunal hold office for the term set by the person who appointed them, and they may be reappointed for successive terms.
Section 102 (a) and (b) BEFORE amended by 2017-10-62,Sch 3, effective November 2, 2017 (Royal Assent).
(a) a member appointed by the Lieutenant Governor in Council as the chair after a merit based process,
(b) members appointed by the minister after a merit based process and consultation with the chair, and
Section 103 BEFORE re-enacted by 2003-47-21, effective February 13, 2004 (BC Reg 45/2004).
Compensation and expenses of members
103 (1) The members of the tribunal
(a) are to be paid compensation directed by the minister, and
(b) are entitled to be reimbursed for actual and reasonable travelling and out of pocket expenses incurred by them in performing their duties.
(2) The minister may determine the conditions of service of members of the tribunal.
Section 104 BEFORE re-enacted by 2003-47-21, effective February 13, 2004 (BC Reg 45/2004).
Authority of chair
104 (1) The chair may
(a) carry out any duty, power or function of the tribunal or a member of the tribunal,
(b) delegate to an adjudicator a function, duty or power of the chair, and
(c) authorize an adjudicator to act as chair in the chair's absence.
(2) While acting as chair, the adjudicator has the power and authority of the chair.
Section 105 (2) BEFORE amended by 2003-47-22, effective February 13, 2004 (BC Reg 45/2004).
(2) The registrar may be appointed under section 102 (2) as an adjudicator.
Section 106 (4) BEFORE amended by 2003-47-23, effective February 13, 2004 (BC Reg 45/2004).
(4) A panel may consist of
(a) the chair,
(b) one adjudicator,
(c) 3 adjudicators,
(d) the chair and either 2 or 4 adjudicators,
(e) the chair, one member representative of employers and one member representative of employees, or
(f) the chair, members representative of employers and an equal number of members representative of employees.
Section 106 (6) BEFORE amended by 2004-45-90, effective October 15, 2004 (BC Reg 425/2004).
(6) A panel has the power and authority of the tribunal in appeals assigned to the panel under this section or matters coming before it under the rules made by the tribunal under section 109 (1) (c).
Section 108 BEFORE re-enacted by 2002-42-57, effective May 30, 2002 (Royal Assent).
Appeal and inquiry powers
108 (1) For the purposes of an appeal, reconsideration or recommendation, the tribunal and each member of it has the power and authority of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(2) The tribunal may decide all questions of fact or law arising in the course of an appeal or review.
Section 109 (1) (a), (c) and (e) BEFORE re-enacted by 2002-42-58, effective May 30, 2002 (Royal Assent).
(a) make recommendations to the Lieutenant Governor in Council about the exclusion of classes of persons from all or part of this Act or the regulations;
(c) make, with the approval of the minister, rules about how appeals and reconsiderations are to be conducted and about the steps to be followed before making recommendations under paragraph (a);
(e) inspect any records that may be relevant to an appeal, reconsideration or recommendation;
Section 109 (1) (c) BEFORE repealed by 2004-45-91, effective October 15, 2004 (BC Reg 425/2004).
(c) make, with the approval of the minister, rules about how appeals and reconsiderations are to be conducted;
Section 109 (1) (b) BEFORE amended by 2015-10-57, effective May 14, 2015 (Royal Assent).
(b) extend the time period for requesting an appeal even though the period has expired;
Section 109 (1) (part) BEFORE amended by 2023-10-199, effective March 30, 2023 (Royal Assent).
(1) In addition to its powers under section 108 and Part 13, the tribunal may do one or more of the following:
Section 112 BEFORE amended by 2002-42-59, effective November 29, 2002 end of the day (BC Reg 307/2002).
Right to appeal director's determination
112 (1) Any person served with a determination may appeal the determination to the tribunal by delivering to its office a written request that includes the reasons for the appeal.
(2) The request must be delivered within
(a) 15 days after the date of service, if the person was served by registered mail, and
(b) 8 days after the date of service, if the person was personally served or served under section 122 (3).
(3) The filing of a determination under section 91 does not prevent the determination being appealed.
(4) This section does not apply to a determination made under section 119.
Section 112 (3) BEFORE amended by 2023-44-4, effective November 30, 2023 (Royal Assent).
(3) The appeal period referred to in subsection (2) is
(a) 30 days after the date of service of the determination, if the person was served by registered mail, and
(b) 21 days after the date of service of the determination, if the person was personally served or served under section 122 (3).
Section 114 (1) BEFORE amended by 2002-42-60, effective November 29, 2002 end of the day (BC Reg 307/2002).
(1) The tribunal may dismiss an appeal without a hearing of any kind if satisfied after examining the request that
(a) the appeal has not been requested within the time limit in section 112 (2),
(b) the appeal is not within the tribunal's jurisdiction, or
(c) the appeal is frivolous, vexatious or trivial or is not brought in good faith.
Section 114 (1) BEFORE amended by 2004-45-92(a), effective October 15, 2004 (BC Reg 425/2004).
(1) The tribunal may dismiss an appeal without a hearing of any kind if satisfied that
(a) one or more of the requirements of section 112 (2) have not been met,
(b) the appeal is not within the tribunal's jurisdiction, or
(c) the appeal is frivolous, vexatious or trivial or is not brought in good faith.
Section 115 (1) BEFORE amended by 2002-42-61, effective November 29, 2002 end of the day (BC Reg 307/2002).
(1) After considering the appeal, the tribunal may, by order,
Section 115 (2) BEFORE repealed by 2004-45-93, effective October 15, 2004 (BC Reg 425/2004).
(2) The tribunal must make a written copy of its order with reasons available to
(a) the person who requested the appeal, and
(b) the persons who under the tribunal's rules were notified of the appeal.
Section 116 (1) (b) BEFORE amended by 2002-42-62, effective May 30, 2002 (Royal Assent).
(b) cancel or vary the order or decision or refer the matter back to the original panel.
Section 116 (1) (b) BEFORE amended by 2003-65-12, effective December 14, 2003 (BC Reg 431/2003).
(b) confirm, vary or cancel the order or decision or refer the matter back to the original panel.
Section 116 (2) BEFORE amended by 2015-10-59, effective May 14, 2015 (Royal Assent).
(2) The director or a person named in a decision or order of the tribunal may make an application under this section.
Section 117 (2) and (3) BEFORE repealed by 2002-42-63, effective May 30, 2002 (Royal Assent).
(2) The director may not delegate to the same person both the function of conducting investigations into a matter under section 76 and the power to impose penalties in relation to that matter.
(3) If the director personally investigates a matter under section 76, the director must delegate the director's power to impose penalties in relation to that matter.
Section 119 (7) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(7) The Rules of Court apply to an appeal under subsection (6) to the extent they are consistent with this section.
Section 122 BEFORE amended by 2008-12-4, effective June 6, 2008 (BC Reg 132/2008).
Service of determinations and demands
122 (1) A determination or demand that is required to be served on a person under this Act is deemed to have been served if
(a) served on the person, or
(b) sent by registered mail to the person's last known address.
(2) If service is by registered mail, the determination or demand is deemed to be served 8 days after the determination or demand is deposited in a Canada Post Office.
(3) At the request of a person on whom a determination or demand is required to be served, the determination or demand may be transmitted to the person electronically or by fax machine.
(4) A determination or demand transmitted under subsection (3) is deemed to have been served when the director receives an acknowledgment of the transmission from the person served.
Section 122 (4) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent)
(4) A determination or demand or a notice under section 30.1 (2) transmitted under subsection (3) is deemed to have been served when the director receives an acknowledgment of the transmission from the person served.
Section 122 BEFORE re-enacted by 2019-27-33, effective August 15, 2021 (BC Reg 215/2021).
Service of determinations, demands and notices
122 (1) A determination or demand or a notice under section 30.1 (2) that is required to be served on a person under this Act is deemed to have been served if
(b) sent by registered mail to the person's last known address.
(2) If service is by registered mail, the determination or demand or the notice under section 30.1 (2) is deemed to be served 8 days after the determination or demand or the notice under section 30.1 (2) is deposited in a Canada Post Office.
(3) At the request of a person on whom a determination or demand or a notice under section 30.1 (2) is required to be served, the determination or demand or the notice under section 30.1 (2) may be transmitted to the person electronically or by fax machine.
(4) A determination or demand or a notice under section 30.1 (2) transmitted under subsection (3) is deemed to have been served when the director receives an acknowledgement of the transmission from the person served.
Section 126 (4) BEFORE amended by 2003-65-13, effective December 14, 2003 (BC Reg 431/2003).
(4) The burden is on the employer to prove
(a) that an employee is age 15 or older, or
(b) that an employee's pregnancy, a leave allowance by this Act or court attendance as a juror is not the reason for terminating the employment or for changing a condition of employment without the employee's consent.
Section 126 (4) (a) and (b) BEFORE amended by 2019-27-34(a),(b), effective October 15, 2021 (BC Reg 215/2021).
(a) in the case of an alleged contravention of section 9 (1), an employee is 15 years of age or older,
(b) in the case of an alleged contravention of section 9 (2), an employee is 12 years of age or older, or
Section 127 (2) (m) BEFORE amended by 2002-42-64, effective May 30, 2002 (Royal Assent).
(m) prescribing interest rates for the purposes of sections 70 (5) and 88 and providing for different rates for different purposes;
Section 127 (2) (h) BEFORE repealed by 2002-42-64(c), effective November 29, 2002 end of the day (BC Reg 307/2002).
(h) respecting flexible work schedules;
Section 127 (2) (n) BEFORE amended by 2002-42-64(f), effective November 29, 2002 end of the day (BC Reg 307/2002).
(n) prescribing a schedule of penalties that may vary according to the number of employees affected by a contravention of this Act or the regulations or the nature or frequency of the contraventions;
Section 127 (2) (c) BEFORE amended by 2008-12-5(a), effective May 1, 2008 (Royal Assent).
(c) respecting the licensing of employment agencies, talent agencies and farm labour contractors and the suspension or cancellation of their licences;
Section 127 (2) (d) BEFORE amended by 2008-12-5(b), effective May 1, 2008 (Royal Assent).
(d) respecting the duties of employment agencies, talent agencies and farm labour contractors;
Section 127 (2) (p) BEFORE amended by 2010-3-29, effective June 4, 2010 (BC Reg 131/2010).
(p) governing the payment of fees for licences issued or other things done under this Act;
Section 127 (2) (p.1) BEFORE repealed by 2010-3-29, effective June 4, 2010 (BC Reg 131/2010).
(p.1) prescribing an administrative fee for the purposes of section 30.1, and establishing the time, manner and method for payment of the prescribed fee;
Section 127 (2) (s) BEFORE repealed by 2019-27-36(b), effective May 30, 2019 (Royal Assent).
(s) prescribing a class of individuals for the purposes of the definition of "family member" under section 52.1 (1);
Section 127 (2) (m.1) BEFORE repealed by 2019-27-35(e), effective August 15, 2021 (BC Reg 215/2021).
(m.1) respecting steps the director may specify be taken by an employee under section 76 (3) (d);
Section 127 (2) (e) BEFORE amended by 2019-27-35(d), effective October 15, 2021 (BC Reg 215/2021).
(e) prescribing a form of employment contract that must be used by employers when employing domestics;
Section 127 (2) (u.1) (part) BEFORE amended by 2021-12-5, effective January 1, 2022.
(u.1) for the purposes of sections 52.121 (5), 52.13 (4) and 52.5 (5.2),
Section 127 (2) (g) BEFORE amended by 2024-2-4, effective April 22, 2024 (BC Reg 87/2024).
(g) establishing minimum wages for employees or classes of employees;
Section 127 (2) (b.01) and (b.02) were added by 2023-44-5, effective September 3, 2024 (BC Reg 140/2024).
Part 15, sections 128 and 129 BEFORE repealed by 2019-27-37, effective May 30, 2019 (Royal Assent).
Part 15 — Transitional and Consequential Provisions
Transition from former Act
128 (1) Despite the repeal of the former Act, an order, certificate, registration, licence, variance, authorization or referral issued or made under that Act remains in force until it expires or is suspended or cancelled under that Act.
(2) If, before November 1, 1995, a decision was made by the director, an authorized representative of the director or an officer on a complaint made under the former Act, the remedy, review, appeal, enforcement and other provisions of that Act continue, despite the repeal of that Act, to apply to the complaint and to all subsequent proceedings in respect of the decision.
(3) If, before November 1, 1995, no decision was made by the director, an authorized representative of the director or an officer on a complaint made under the former Act, the complaint is to be treated for all purposes, including section 80 of this Act, as a complaint made under this Act.
(4) Subject to subsections (5) and (6), section 63 applies to an employee whose employment began before November 1, 1995 and is terminated on or after that date.
(5) An employer is liable to pay to an employee referred to in subsection (4), as compensation for length of service, an amount equal to the greater of the following:
(a) the number of weeks' wages the employee would have been entitled to under section 42 (3) of the former Act if the employment had been terminated without compliance with section 42 (1) of that Act;
(b) the amount the employee is entitled to under section 63 of this Act.
(6) The employer's liability to an employee referred to in subsection (4) for compensation for length of service is deemed to be discharged if the employee is given notice according to section 42 (1) of the former Act or according to section 63 (3) of this Act, whichever entitles the employee to the longer notice period.
Transitional regulations
129 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation the provisions of this Act and to obviate any transitional difficulties encountered in doing so.
(2) Without limiting subsection (1), a regulation may suspend for the period the Lieutenant Governor in Council specifies the operation of a provision of an enactment if that provision would impede the effective operation of this Act.
(3) Unless earlier repealed, a regulation made under this section is repealed one year after it is enacted.