BILL 37 – 2003
SKILLS DEVELOPMENT AND LABOUR STATUTES AMENDMENT ACT, 2003

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

Employment Standards Act

1 Section 1 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended in the definition of "determination" by striking out "22 (2),".

2 Section 7 is repealed.

3 Section 9 is repealed and the following substituted:

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).

4 Section 16 is repealed and the following substituted:

Employers required to pay minimum wage

16 (1) An employer must pay an employee at least the minimum wage as prescribed in the regulations.

(2) An employer must not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages in a pay period to comply with subsection (1) in relation to any other pay period.

5 Section 22 is amended

(a) in subsection (1) by adding "and" at the end of paragraph (c), by striking out ", and" in paragraph (d) and by repealing paragraph (e), and

(b) by repealing subsection (2).

6 Section 42 is amended

(a) by adding the following subsections:

(3.1) The employer may close an employee's time bank after one month's written notice to the employee.

(3.2) Within 6 months of closing an employee's time bank under subsection (3.1), the employer must do one of the following:

(a) pay the employee all of the overtime wages credited to the time bank at the time it was closed;

(b) allow the employee to use the credited overtime wages to take time off with pay;

(c) pay the employee for part of the overtime wages credited to the time bank at the time it was closed and allow the employee to use the remainder of the credited overtime wages to take time off with pay. , and

(b) by repealing subsections (4) and (6).

7 Section 86 is repealed and the following substituted:

Power to reconsider

86 (1) Subject to subsection (2), the director may vary or cancel a determination.

(2) If a person appeals a determination that the director intends to vary or cancel under subsection (1), the director must vary or cancel the determination within 30 days of the date that a copy of the appeal request was received by the director.

8 Section 88 (2) is amended by striking out "23" and substituting "38".

9 Section 95 (a) is amended by striking out "person" and substituting "employer".

10 Section 96 is amended by adding the following subsection:

(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.

11 Section 112 (2) (a) is amended

(a) in subparagraph (i) by striking out "and", and

(b) by adding the following subparagraph:

(i.1) a copy of the director's written reasons for the determination, and .

12 Section 116 (1) (b) is amended by adding "or another panel" after "the original panel".

13 Section 126 (4) is repealed and the following substituted:

(4) The burden is on the employer to prove that,

(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

(c) in the case of an alleged contravention of Part 6, an employee's pregnancy, a leave allowed 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.

14 Section 127 is amended

(a) in subsection (2) by adding the following paragraph:

(b.1) establishing conditions of employment for children under 15 years of age that the Lieutenant Governor in Council considers necessary or advisable to protect their health, safety, physical or emotional well-being, education or financial interests; , and

(b) by adding the following subsection:

(3) Regulations made under subsection (2) (b.1) may be specific or general in their application and may provide differently for children of different age groups or different industries or classes of industries.

Employment Standards Amendment Act, 2002

15 Sections 4 and 64 (b) of the Employment Standards Amendment Act, 2002, S.B.C. 2002, c. 42, are repealed.

Workers Compensation Act

16 Section 5.1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(a) by renumbering the section as section 5.1 (1),

(b) in subsection (1) by striking out "A worker" and substituting "Subject to subsection (2), a worker",

(c) in subsection (1) (b) by striking out "a physician" and substituting "a physician or a psychologist", and

(d) by adding the following subsections:

(2) The Board may require that a physician or psychologist appointed by the Board review a diagnosis made for the purposes of subsection (1) (b) and may consider that review in determining whether a worker is entitled to compensation for mental stress.

(3) Section 56 (1) applies to a physician or psychologist who makes a diagnosis referred to in this section.

(4) In this section, "psychologist" means a person who is registered as a member of the College of Psychologists of British Columbia established under section 15 (1) of the Health Professions Act or a person who is entitled to practise as a psychologist under the laws of another province.

17 Section 17 is amended

(a) in subsection (1) in the definition of "child" by striking out "18" and substituting "19" and by striking out "21" and substituting "25",

(b) in subsection (1) by repealing the definition of "federal benefits" and substituting the following:

"federal benefits" means the benefits paid for a dependant under the Canada Pension Plan as a result of a worker's death, other than the death benefit payable to the estate of a worker under section 57 of that Act. ,

(c) in subsection (3) (a), (b), (c) and (f) (i), (ii) and (iii) by adding "50% of the" before "federal benefits",

(d) by repealing subsection (3) (d) and (e) and substituting the following:

(d) where the dependant, at the date of death of the worker, is a widow or widower who is not an invalid and is under the age of 50 years, and there are no dependent children, a monthly payment of a sum that, when combined with 50% of the federal benefits payable to or for that dependant, would equal the product of

(i) the percentage determined by subtracting 1% from 60% for each year that the age of that dependant, at the date of death of the worker, is under the age of 50 years, and

(ii) the monthly rate of compensation under this Part that would have been payable if the deceased worker had, at the date of death, sustained a permanent total disability,

but the percentage determined under subparagraph (i) must not be less than 30% and the monthly payments must not be less than $889.32; ,

(e) in subsection (3) (h) (i) and (ii) by adding "for life or a lesser period as determined by the Board" after "per month",

(f) in subsection (9) (a) by striking out everything after "; but" and substituting "monthly payments must be made in respect of that spouse and those children equal to the periodic payments due under the order or agreement; or", and

(g) by repealing subsection (16) and substituting the following:

(16) If a dependant is entitled to receive compensation

(a) as a result of the death of a worker, and

(b) as a result of the subsequent death of another worker,

the total compensation payable for the dependant as a result of those deaths is an amount that the Board considers appropriate.

(16.1) The compensation payable for a dependant under subsection (16) must not

(a) be less than the highest of the amounts that would otherwise be payable in respect of the death of any of the workers, and

(b) be more than 90% of the average net earnings of a worker whose wage rate is the maximum wage rate established under section 33 (6) and (7) for the year in which the last death referred to in subsection (16) (b) occurred.

(16.2) For the purposes of subsection (16.1), "average net earnings" means the average net earnings calculated in accordance with section 33.8.

18 Section 25 is amended

(a) by repealing subsection (3) and substituting the following:

(3) On January 1 of each year, the Board must adjust, in accordance with subsection (4), the periodic payments of compensation made in respect of an injury or a death occurring more than 12 months before the date of the adjustment. ,

(b) in subsection (4) by adding "or death" after "injury", and

(c) by repealing subsection (5) and substituting the following:

(5) If the Board starts or restarts periodic payments of compensation for an injury or a death that occurred more than 12 months before the payments are started or restarted, the Board must, under this section, adjust all periodic payments as if the payments were made continuously from the date of injury or death.

19 Section 25.1 is repealed.

20 Section 25.2 (1) is amended by striking out "and section 25.3".

21 Section 25.3 is repealed.

22 Section 35.1 (7) is repealed and the following substituted:

(7) Subject to section 19 (2.1) of this Act, section 25 of this Act, as that section read on the date section 35.2 (5) came into force, applies to compensation paid on or after that date to a worker, irrespective of the date the worker was injured.

23 The following section is added:

Transitional -- death of worker

35.2 (1) In this section, "transition date" means the date on which this section comes into force.

(2) Subject to subsection (5), this Act, as amended by the Skills Development and Labour Statutes Amendment Act, 2003, applies to the death of a worker that occurs on or after June 30, 2002.

(3) Subject to subsections (5) and (6), this Act, as it read immediately before June 30, 2002, applies to the death of a worker that occurred before June 30, 2002.

(4) Subject to subsections (5) and (6), in recalculating compensation under section 17 (4) or (5), the Board must, if the actual date of the death of a worker was before June 30, 2002, base the recalculation on this Act as it read immediately before June 30, 2002.

(5) Subject to section 19 (2.1) of this Act, section 25 of this Act, as amended by the Skills Development and Labour Statutes Amendment Act, 2003, applies to compensation paid on or after the transition date in respect of the death of a worker irrespective of the date the worker died.

(6) Commencing on the transition date, for the purposes of applying subsections (3) and (4), the Board must adjust the dollar amounts referred to in sections 17 and 18 and Schedule C of this Act, as it read immediately before June 30, 2002, in accordance with section 25.2 (1), as amended by the Skills Development and Labour Statutes Amendment Act, 2003.

(7) In applying section 17, as amended by Skills Development and Labour Statutes Amendment Act, 2003, to a death that occurred on or after June 30, 2002 but before the transition date, the Board must consider payments paid before the transition date.

24 The following section is added:

Lay advocates

94.1 (1) A person may

(a) give advice respecting the interpretation or administration of the Act, the policies of the board of directors, the Board's practices and procedures or any regulations, orders or decisions under the Act, or

(b) act on behalf of a person

(i) by communicating with the Board, an officer or employee of the Board, the appeal tribunal or any other person acting under this Act, or

(ii) by appearing before the Board, an officer or employee of the Board or the appeal tribunal.

(2) Section 15 of the Legal Profession Act does not apply to a person while the person performs the functions referred to in subsection (1).

25 Section 189 (1) is amended by striking out "If the Board cancels an order" and substituting "If the Board varies or cancels an order" and by striking out "of the cancellation".

26 Section 224 (2) (k) is amended by striking out "sections 25.2 and 25.3;" and substituting "section 25.2;".

27 Schedule C is repealed.

Commencement

28 (1) This Act comes into force by regulation of the Lieutenant Governor in Council.

(2) When brought into force by regulation under subsection (1), sections 17 and 27 of this Act are deemed to have come into force on June 30, 2002 and are retroactive to the extent necessary to give them effect on and after that date.