On 15 October 2021, the B.C. government implemented revisions to B.C. employment standards in line with recommendations contained in the BCLI’s 2018 Report on the Employment Standards Act. The amended legislation that took effect across the province last Friday will ensure that children and young workers are better protected, while also allowing regulators to determine which jobs and occupations are suitable for people under 16. Previously, B.C. had been the only province that permitted children as young as 12 to be employed in virtually any type of job with parental consent.

The amendments that came into force are consistent with the recommendations made in our 2018 report. Our report recommended reforms such as:

• employment of persons under 16 in forms of work likely to endanger their health, safety, or moral development be prohibited;
• a minimum age be set between 16 and 19 for employment in hazardous work;
• employment below the age of 14 should require a permit from the Director of Employment Standards in addition to parental consent, except in recorded and live entertainment (for which there are existing special standards);
• employment at 14 and 15 should be allowed only with parental consent in legally designated forms of “light work” (a term deriving from international standards), or otherwise by a special permit from the Director of Employment Standards;
• the existing special standards for children working in the recorded and live entertainment sector (which includes the film, television, live theatre and music industries) should remain in effect.

The B.C. government website outlines the rules and process for hiring young people in accordance with the amended Employment Standards Act and the regulations designating the age-appropriate categories of work that are now authorized following consultations with parental, labour, and business groups.

The post B.C. Government implements BCLI recommendations on child employment first appeared on British Columbia Law Institute.

BCLI’s report pointed out that the statutory rules in effect in BC for employment of children deviate from Canadian and international standards on the minimum age for employment and the kinds of work in which juvenile workers may legally engage.  BC is the only province that allows employment as low as age 12 in virtually any form of work with parental consent as the sole requirement.

The Ministry of Labour announcement refers to WorkSafeBC statistics on the cost of disability claims for workers 14 and under that are also mentioned in the BCLI report.  These statistics demonstrate the fact that every year in BC, very young workers are seriously injured in hazardous working environments.

Our 2018 report recommended bringing BC’s standards for employment of children and young persons into line with those in the rest of Canada and the terms of international treaties on child labour that Canada has ratified.  Specifically, our report recommended that:

• employment of persons under 16 in forms of work likely to endanger their health, safety, or moral development be prohibited;
• a minimum age be set between 16 and 19 for employment in hazardous work;
• employment below the age of 14 should require a permit from the Director of Employment Standards in addition to parental consent, except in recorded and live entertainment (for which there are existing special standards);
• employment at 14 and 15 should be allowed only with parental consent in legally designated forms of “light work” (a term deriving from international standards) or by a special permit from the Director of Employment Standards;
• the existing special standards for children working in the recorded and live entertainment sector (which includes the film, television, live theatre and music industries) should remain in effect.

The BC Legislature passed amendments to the Employment Standards Act in 2019 that are consistent with the BCLI recommendations, but the amendments did not come into force immediately.  The announcement by the Ministry of Labour on 21 July 2021 indicates that in the meantime, the Ministry consulted with employers, parents, and youth before finalizing the categories of “light work” open to 14- and 15-year-olds.  The categories of light work authorized for that age group are listed in the backgrounder attached to the Ministry’s news release.

The new rules for employment of 14- and 15-year-olds in light work are to come into effect on 15 October 2021.  The Ministry’s news release indicates that the process of designating categories of hazardous work from which 16- to 18-year-olds will be excluded is continuing.

The post BCLI recommendations on child employment to be implemented in October 2021 first appeared on British Columbia Law Institute.

The post Employment Standards Act Update Report first appeared on British Columbia Law Institute.

The Employment Standards Act sets minimum standards for employment in provincially regulated workplaces in British Columbia, except in relation to occupational health and safety and collective bargaining. Before BCLI began the Employment Standards Act Reform Project in 2014, the Act had not undergone a comprehensive review in more than twenty years, despite the extent to which ways of working and the nature of the workplace had evolved in the meantime.

BCLI conducted the project with the aid of an expert volunteer committee chaired by Tom Beasley of Bernard LLP. The 12-member committee was carefully chosen to represent a balance of employer and worker interests, and a senior policy official from the Ministry of Labour attended meetings as an observer. The BCLI project culminated in the Report on the Employment Standards Act, which was issued in December 2018.

Provisions in Bill 8 that are consistent with recommendations in the BCLI Report on the Employment Standards Act are ones concerning:

• employment of children;
• tips and gratuities, and tip pooling;
• the complaint and investigation procedure;
• redefinition of “domestic worker” to abolish the requirement of living in the employer’s residence;
• clarification that the reinstatement obligations of the employer after an employee takes a statutory non-discretionary leave do not create a preferential right of recall;
• the effect of failure to give notice of group termination to the Minister;
• aligning the successor employer provision (s. 97) with its counterpart in the Labour Relations Code;
• continuity of employment under a court-appointed receiver.

The Ministry of Labour has described the contents of the bill as “priority amendments,” implying that others may follow.  If so, BCLI hopes that more of the recommendations in its Report on the Employment Standards Act will find their way into law.

The post Employment Standards Amendment Bill Would Implement BCLI Recommendations first appeared on British Columbia Law Institute.

The Ministry’s proposal paper addressing what it describes as “first areas of focus for future changes to the Act” contains numerous links to portions of the BCLI report.

The media release indicates that legislation may be expected as early as spring 2019.  The Ministry of Labour consultation will be open until 31 March 2019.  Those interested can participate by visiting: https://engage.gov.bc.ca/govtogetherbc‌/consultation‌‌/‌modernizing-the-employment-standards-act/.

BCLI’s Report on the Employment Standards Act may be found here.

The post BC Ministry of Labour launches consultation on Employment Standards Act changes, prominently mentions BCLI Report first appeared on British Columbia Law Institute.