B.C. Reg. 191/2024, deposited July 8, 2024, under the EMPLOYMENT STANDARDS ACT [section 127 (2)]. Order in Council 453/2024, approved and ordered July 8, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Employment Standards Regulation, B.C. Reg. 396/95, is amended as set out in the attached Schedule.

— H. BAINS, Minister of Labour; A. KANG, Presiding Member of the Executive Council.

Schedule

1 Section 45.14 of the Employment Standards Regulation, B.C. Reg. 396/95, is amended by adding ", unless section 45.141 applies" after "to hold in trust for the child".

2 The following section is added after section 45.14:

Income protection when choice may be made under collective agreement

45.141 (1) In this section, "ACTRA" means the ACTRA Performers’ Rights Society.

(2) This section applies if

(a) a child is employed in the recorded entertainment industry,

(b) the child is an employee covered by a collective agreement,

(c) the collective agreement allows an employee covered by the agreement to make a choice in relation to the remittance described in subsection (3), and

(d) the choices available to the employee include at least the following:

(i) to have the employer make the remittance to ACTRA;

(ii) to have the employer make the remittance to the Public Guardian and Trustee.

(3) The employer of a child employed in the recorded entertainment industry must, if the child earns more than $2 000 on a production, remit 25% of any earnings over $2 000 to be held in trust for the child

(a) by ACTRA, if that is the choice made by a person who acts on behalf of the child, or

(b) by the Public Guardian and Trustee, if

(i) that is the choice made by a person who acts on behalf of the child,

(ii) a person who acts on behalf of the child makes a choice other than a choice described in subsection (2) (d) (i) or (ii), or

(iii) no choice is made on behalf of the child.

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