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Summary 1 — Explanation Definitions 1 (1)According to this regulation: The Employment Standards Act is referred to as the "Act." A "bus operator" is someone who drives a motor vehicle that transports people. (a)accommodates more than 7 persons, (b)is accessible to the general public, and (c)is driven by or on behalf of someone who charges or collects pay for conveying passengers in such motor vehicle; "Charity" refers to (a)a charitable organisation as defined by the Income Tax Act (Canada), or b)a society as defined by the Societies Act "Farm worker" refers to a person who works in a farming, ranching, orchard, or agricultural enterprise and whose primary job tasks include (a)growing, raising, maintaining, cultivating, propagating, harvesting, or killing the output of a farming, ranching, orchard, or agricultural activity, (b)the clearing, draining, irrigating, or cultivating of land, (c)using agricultural machinery, equipment, or supplies for the purposes of paragraphs (a) or (b), or (d)direct selling of a product mentioned in paragraph (a) if the sales are made at the operation and only during the usual harvest cycle for that crop, but excludes any of the following: (e)anyone engaged to process the products of a farming, ranching, orchard, or agricultural activity other than to undertake the initial washing, cleaning, sorting, grading, or packaging of such goods. (i)an unprocessed product of the operation throughout the product's usual harvest cycle, or

(ii)during the same harvest cycle referred to in subparagraph I the operation purchases the same or a comparable unprocessed product from another farming, ranching, orchard, or agricultural enterprise; (f)a landscape gardener or someone who works in a retail nursery; (g)a person who works in aquaculture; A "first aid attendant" is someone who provides first assistance. (a)is a first-aid attendant as defined in Section 3.14 of the Occupational Health and Safety Regulation, and (b)works for an employer who is obligated by the Workers Compensation Act to offer first aid services; A "fish camp worker" is someone who works as a broker in a camp to buy fish and arrange for their transportation to a processing factory. "Fisher" refers to a person. (a)who is working on a commercial fishing vessel, and (b)whose pay consists of a share or part of the profits from a fishing endeavour, However, an aquaculture worker is not included. "Home care worker" refers to someone who works in a private house alone to provide care for an adult and does not include any of the following: (a)a registered nurse; (b)a psychotherapist; c)a live-in home care worker; (d)a worker for a company that offers home care services; The term "independent school" has the same meaning as it does under the Independent School Act. A "live-in camp leader" is someone who (a)works for a charitable organisation at a summer or seasonal programme for people under the age of 19,

(b)provides campers with education and counselling, and (c)provides such services on a live-in basis 24 hours a day, seven days a week without being charged for lodging and board; A "live-in home support worker" is someone who helps people in their homes. (a)works for a government-funded organisation, corporation, or other employer that provides home care services to anybody with an acute or chronic disease or disability who does not need hospitalisation, and (b)provides such services on a live-in basis 24 hours a day, seven days a week without being charged for lodging and board; A "long haul truck driver" is someone who is hired to drive a truck for a distance more than 160 kilometres from their home terminal. "Manager" denotes (a)a person whose primary job duties include supervising or directing, or both supervising and directing, human or other resources, or (b)a person in a position of authority; A "newspaper" is a publication. (a)regularly published in a newspaper format at least once a month, and (b)with at least 25% of its content made up of editorials, news, and items of local or general interest that are not advertisements, This includes advertising circulars and flyers that are sold or distributed as part of a newspaper; A "newspaper carrier" is someone who sells or distributes newspapers directly to consumers or homes, but not someone who handles bulk distribution. A "night attendant" is someone who works at night. (a)is given sleeping quarters in a private house owned, leased, or otherwise inhabited by a handicapped person or a member of the disabled person's family, and (b)is employed in a private house for periods of 12 hours or fewer in any 24 hour period, principally to give care and attention to the handicapped person during the night,

However, a person working in a hospital or nursing home, or in an institution classified as a community care facility under the Community Care Facility Act, or as a Provincial mental health facility under the Mental Health Act, or in a facility run under the Continuing Care Act, is not included. "Prime lending rate" refers to the prime lending rate of the government's primary lender. The term "resident caregiver" refers to a person who (a)resides in an apartment complex with more than eight residential apartments, and (b)works in the building as a caretaker, custodian, janitor, or manager; A "residential care worker" is someone who works in a nursing home. (a)works in a group home or family-style residential setting to oversee or care for anybody, and (b)is compelled by the employer to live on the premises during working hours, However, a foster parent, live-in home support worker, domestic worker, or night attendant are not included. A "short haul truck driver" is someone who is hired to drive a truck for a distance of less than 160 kilometres from their home terminal. A "silviculture worker" is someone who works in the forest. (a)being employed in the silviculture business, (b)primarily paid on a piece-rate basis, and (c)participated in reforestation field work such as clearing brush, cone picking, creek cleaning, harvesting seeds, applying herbicide, reclamation work, herding sheep, site preparation, stand sanitation, trail construction, fertilising, girdling, planting, pruning, spacing or distributing trees, weeding, or supervising any of these field activities; "Sitter" refers to a domestic worker or other individual engaged primarily to offer child care in a private household, but does not include any of the following: (a)a registered nurse; (b)a psychotherapist; c)a live-in home care worker;

(d)an employee of a day care centre or other company that provides child care; (e)a resident of the employer's private house; "talent agency" refers to a person who, for a price, operates in the business of proposing to obtain, promising to acquire, seeking to procure, or acquiring employment for actors, performers, extras, or technical creative film people. "Cab driver" refers to someone who works as a taxi driver. The term "teacher" has the same meaning as it does in the School Act and the Independent School Act. A film director, director of photography, production designer, art director, person involved in writing or rewriting scripts, hair stylist, make-up artist, costume designer, or animal coordinator involved in the production of a film, video, television show, or television commercial is considered a "technical creative film person." A "tender vessel worker" is someone who works aboard a vessel to gather and deliver fish. A "textile worker" is someone who works in a private house to create textiles or fabric goods, such as garments. "Wilderness guide" refers to a person who is hired mainly to lead, instruct, or help one or more people while they are engaged in recreational activities in a wilderness setting, such as the following: Backcountry skiing, cat skiing, heli skiing, and snowshoeing are all options. (b)biking; Canoeing, kayaking, rafting, and jet boating are all examples of water sports. (d)dogsledding; (e)hiking; (f)riding a horse; (g)mountain climbing and mountaineering; (h)driving ATVs or snowmobiles; (i)observing wildlife However, a fishing or hunting guide is not included.

(2)In section 1 of the Act, "surpasses" means exceeds by no more than 24 hours in the definition of "temporary layoff." (3)For the purposes of section 52 of the Act, "employment year" means a calendar year beginning on a common date used by an employer to calculate family responsibility leave for all employees under section 52 of the Act, so long as this does not result in any employee's rights under that section being reduced. [am. B.C. Regs. 44/97, section (a); 358/97, section (a); 270/98, section 296/99, s. 1 130/2000, s. 1 307/2002, sec. 1; 432/2003; 250/2014, section 1; 211/2015, art. s. 20; 32/2018 215/2021, Sch. 1 ss. [1 and 2] Part 2 — Farm Labor Contractors and Employment Agencies Employment agencies must be licenced. (2)An application for a licence to operate an employment agency must be submitted. be addressed to the director, and (b)be accompanied by a $100 charge. (2)An employment agency licence may be issued by the director only if the applicant has (a)submitted a written application in the format specified by the director, (b)paid the licence fee (c)satisfied the director that the applicant would run an employment agency in the best interests of both employers and job seekers. (3)The director may refuse to give a licence to an applicant who has previously had a licence revoked. Records from employment agencies (3)An employment agency is required to maintain a record of the following: (a)the name and address of each employer to whom the employment agency offers services; (b)the name, occupation, and address of each individual who is sent to an employer in order to be employed or who is given information about companies looking for workers. (2)The record must be kept. (a)ssemble in English,

(b)be stored at the employment agency's main office in British Columbia, and (c)be held by the employment agency for a period of two years.

Licensing of employment agencies may be revoked or suspended. 4 The director may revoke or suspend an employment agency's licence if the employment agency violates the law. (a)makes a false or deceptive statement in a licence application, b)violates the Act or this rule, (c)operates or has operated the employment agency against the best interests of businesses and job seekers, or (d)places a domestic worker with an employer but fails to tell the employer of the necessity to register the domestic worker with the Employment Standards Branch as required by section 15 of the Act and section 13 of this regulation. [am. B.C. Regs. 204/99, section 215/2021, Sch. s. 1.] Farm labour contractors must be licenced. 5 (1)An application for a licence to work as a farm labour contractor must be submitted. be addressed to the director, and (b)be accompanied by a $150 charge. (2)The director may only grant a licence if the applicant has (a)submitted a written application in the format specified by the director, (b)paid the licencing cost, (c)satisfied the director of the applicant's understanding of the Act and this rule by an oral or written examination, or both, and (d)posted security as required by subsection (3). (3)The safety must be ensured. (a)be posted in accordance with the Bonding Act,

(b)be of the kind specified in Section 8 of the Bonding Regulations and acceptable to the director, and (c)be in the amount specified in Section 5.1. (3.1)A farm labour contractor must require any person who drives or operates a motor vehicle used by the farm labour contractor for the purpose of transporting employees of the farm labour contractor, another farm labour contractor, or a producer to have a valid and current driver's licence under the Motor Vehicle Act for the category of motor vehicle used for that purpose as a condition of every licence issued under this section. (4)In addition to the restrictions set forth in paragraph (3.1), the director may insert any additional condition in a licence awarded to a farm labour contractor that the director deems suitable for the purposes of the Act. (5)The director may refuse to give a licence to an applicant who has previously had a licence revoked.

Security calculation 5.1 (1)A "core requirement" in this section refers to a requirement under any of the following sections: (a)section 13 (1) of the Act [agricultural labour contractors must be licenced]; (b)section 17 (1) of the Act [paydays]; c)section 28 of the Act (payroll records); (d)section 58 of the Act (vacation pay); Sections 15 and 18 (1) (minimum wage) (2)Subject to paragraph (3), the amount of security needed to be posted by a farm labour contractor under section 5 (3) (c) is the amount derived by multiplying the minimum hourly rate by 80 and then multiplying the result by the number of workers mentioned in the licence. (3)If a farm labour contractor does not violate any core requirement during the period specified in Column 1 of the following table, the amount of security required to be posted under section 5 (3) (c) is equal to the amount obtained by multiplying the minimum hourly wage by the number specified in Column 2 opposite the period of non-contravention in Column 1, and multiplying the result by the number of employees specified in the licence. Non-contravention Period Multiplier 60 - 1 year to less than 2 years 2 to less than 3 years 40

3 years or longer 20 (4)The "period of non-contravention" commences for the purposes of paragraph (3). (a)on the day the farm labour contractor commences operations, if the farm labour contractor has never been licenced or was recently licenced after the farm labour contractor's licence was revoked, or (b)on the day the agricultural labour contractor starts operations, if the farm labour contractor's licence was suspended. [en. B.C. Reg. 197/2003, section 2.] Farm labour contractors' responsibilities 6 (1)A farm labour contractor is required to accomplish all of the following: (a)carry the agricultural labour contractor's licence with you at all times when carrying out the permitted operations, and have a copy of it clearly displayed on all vehicles used to transport labourers. (b)previously present the licence to all people with whom the farm labour contractor wishes to do business as a farm labour contractor; (c)Notify the director promptly if the agricultural labour contractor's business or home address changes; (d)display clearly at the location where the work is to be conducted, as well as on all vehicles used by the farm labour contractor to transport workers, the salaries paid to employees by the farm labour contractor; (e)ensure that each vehicle utilised by the agricultural labour contractor for employee transportation has an unexpired inspection certificate, as required by section 25.02 of the Motor Vehicle Act Regulations; (f)file a report with the director (i)an up-to-date list of the registration and licence numbers of each vehicle used by the farm labour contractor for employee transportation, and (ii)copies of the inspection certificate and other documents required by section 25 of the Motor Vehicle Act Regulations if the vehicle is owned by the agricultural labour contractor. (2)A farm labour contractor that provides transportation to a job location for a farm worker hired by the farm labour contractor but does not thereafter offer employment for the worker must pay the worker at least the minimum hourly rate for the greater of the following periods:

a)Two hours, or (b)the time spent from the point of departure to the point of return, or to a location that is no farther distant and agreeable to the employee. (3)Subsection (2) does not apply if work is unavailable owing to inclement weather or any other factor wholly beyond the farm labour contractor's control. (4)A farm labour contractor shall maintain a daily journal at the work site and make it accessible for examination by the director. (a)the name of each employee, (b)the name of the employer and work site location where employees are provided, as well as the names of the workers who work at that work site on that day, (c)the dates on which each person worked, (d)the fruit, vegetable, berry, or flower crop harvested by each worker each day, and (e)the volume or weight selected by each worker each day. (5)The records required by paragraph (4) must be maintained. (a)be written in English, and (b)be kept by the employer in the employer's primary place of business in British Columbia for two years after the employment ends. [am. B.C. Regs. 216/98, section (a); 113/99, section 307/2002, sec. 195/2003, s. 3 1.] Additional responsibilities of agricultural labour providers include displaying safety signs on vehicles. 6.1 (1)A farm labour contractor must post a notice provided by the director regarding vehicle and passenger safety requirements under the Motor Vehicle Act and the Workers Compensation Act, including driver, seating, and seat belt requirements, in every vehicle used by the farm labour contractor to transport employees. (2)The notification required by paragraph (1) must be placed in one or more locations in the vehicle that are plainly visible to the driver or operator of the vehicle and personnel travelling in the vehicle. [en. B.C. Reg. 197/2007.]

Transportation fees are included in the administrative charge. 6.2 (1)The administrative fee specified in Section 30.1 (1) of the Act is $500 and must be paid. (a)in Canadian dollars, or (b)in the form of a check, draught, or money order made payable to the Minister of Finance. (2)The fee prescribed in subsection (1) must be paid to and received by the director at the address specified in the notice served on the farm labour contractor under section 30.1 (2) of the Act within 30 days after the notice is deemed to have been served on the farm labour contractor under section 122 of the Act. [en. B.C. Reg. Sch. 132/2008 s. 2.] License of a farm labour contractor may be revoked or suspended. 7 In any of the following conditions, the director may refuse to provide a licence to a farm labour contractor, refuse to renew or restore a farm labour contractor's licence, or revoke or suspend a farm labour contractor's licence: (a)the agricultural labour contractor made a false or deceptive statement in a licence application; (b)the agricultural labour contractor has violated a licence requirement; (c)the agricultural labour contractor or a farm labour contractor's representative violates the Act or this rule; (d)a peace officer has, with relation to a motor vehicle used by the farm labour contractor to transport workers of the farm labour contractor, another farm labour contractor, or a producer, ordered the farm labour contractor, under the Motor Vehicle Act, to (i)remove the vehicle from the road for repairs; or (ii)return the vehicle's licence or number plates, or both, to the Insurance Corporation of British Columbia or a peace officer. (e)the farm labour contractor has been found to have violated a provision of Division 39 — Road Safety of the Motor Vehicle Act Regulations in relation to a motor vehicle used by the farm labour contractor for the purpose of transporting employees of the farm labour contractor, another farm labour contractor, or a producer under the Motor Vehicle Act. (f)the Workers' Compensation Board has taken an enforcement action described in one or both of subparagraphs I and (ii) against the farm labour contractor under the Workers' Compensation Act in relation to transportation by the farm labour contractor of employees of the farm labour contractor, another farm labour contractor, or a producer:

(i)issued an order under section 84 [general authority to make orders] of the Workers Compensation Act to comply with section 21 [general duties of employers] of that Act, or sections 4.1 [safe workplace] or 4.3 [safe machinery and equipment] of the Occupational Health and Safety Regulation, or Part 17 [Transportation of Workers] of the Occupational Health and Safety Regulation; (ii)imposed an administrative penalty under section 95 (1) [administrative penalties — higher maximum amount] of the Workers Compensation Act for a violation of section 21 of that Act or sections 4.1 or 4.3 of Part 17 of the Occupation...