Governing Legislation and Resources for Employment Law (9:II)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.

A. Employment and Wrongful Dismissal Legislation

1. Federal Legislation

• Canada Labour Code, RSC 1985, c L-2, sets out minimum employment standards for federal employees including standards governing collective bargaining and occupational health and safety. There are three general parts to the Act: Part I: Industrial Relations, Part II: Occupational Health and Safety, and Part III: Standard Hours, Wages, Vacations and Holidays. Website: https://laws-lois.justice.gc.ca/eng/acts/l-2/

• Canadian Human Rights Act, RSC 1985, c H-6, covers discrimination in the workplace and the procedure for adjudication before the Canadian Human Rights Commission. Website: https://laws-lois.justice.gc.ca/eng/acts/h-6/

• Employment Equity Act, RSC 1995, c 44, helps achieve equality in the workplace with particular attention to inequalities that exist for women, Aboriginal peoples, persons with disabilities, and visible minorities. Website: https://laws-lois.justice.gc.ca/eng/acts/E-5.401/index.html

• Employment Insurance Act, RSC 1996, c 23, outlines the requirements and qualifications for Employment Insurance. Website: https://laws-lois.justice.gc.ca/eng/acts/e-5.6/

• Personal Information Protection and Electronic Documents Act, RSC 2000, c 5, protects personal information collected and distributed electronically for employees in federal jurisdiction. Website: https://laws-lois.justice.gc.ca/ENG/ACTS/P-8.6/index.html

2. Provincial Legislation – Employees

• Employment Standards Act, RSBC l996, c 113, (ESA) sets out minimum employment standards for provincial employees. On May 30, 2019, the Employment Standards Amendment Act received Royal Assent, and amendments set out therein are now in force. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96113_01

• Employment Standards Regulation, BC Reg 396/95, includes provisions on scope of coverage and the penalty regime. Website: http://www.bclaws.ca/civix/document/id/loo97/loo97/396_95

• Wills, Estates, and Succession Act, ss 175-180 deals with deceased workers’ wages. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/09013_01#division_d2e13620

• Human Rights Code, RSBC l996, c 210, deals with discrimination in employment, among other things. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01

• Labour Relations Code, RSBC 1996, c 244, deals with union membership, collective bargaining, and the role of the Labour Relations Board. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/96244_01

• Workers’ Compensation Act, RSBC 2019, c 1, governing Act of the Workers’ Compensation Board. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19001_00

• Personal Information Protection Act, SBC 2003, c 63, sets out ground rules for how private sector and not-for-profit organizations may collect, use, or disclose information about an individual. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_03063_01

• Apology Act, SBC 2006, c 19, addresses some circumstances where a claimant is seeking an apology from their former employer. Employers can be cautious about making an apology in case the apology attracts liability. This concern can be addressed by providing an apology in accordance with the Apology Act, which specifically separates an apology from an acknowledgement of liability. Website: http://www.bclaws.ca/civix/document/id/consol18/consol18/00_06019_01

3. Provincial Legislation – Contractors

• Builder’s Lien Act, SBC l997, c 45, provides that a builder may file a lien against property for work and materials put into that property and sets out the procedure for filing a lien. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/97045_01

• Repairers Lien Act, RSBC l996, c 404, states that a repairer may put a lien on chattel for work and materials put into that chattel. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/96404_01

• Woodworker Lien Act, RSBC l996, c 491, states that a woodworker may put a lien on logs or timber for work done or services performed. Website: http://www.bclaws.ca/civix/document/id/consol26/consol26/00_96491_01

B. Resources

1. Books

• Howard A Levitt. The Law of Dismissal in Canada, (Aurora, Ont: Canada Law Book, 2003). This textbook is used by Employment Standards Branch staff.

• Malcolm Mackillop. Damage Control: An Employer’s Guide to Just Cause Termination, (Aurora, Ont: Canada Law Book, 1997).

• Ellen E Mole. The Wrongful Dismissal Handbook, Second Edition (Scarborough: Butterworths, 2005).

2. Other Resources

• The Continuing Legal Education Society of BC holds an Employment Law conference each year. Papers are published on topics of current interest, and can be found at most law libraries, or online for those with a subscription at: http://online.cle.bc.ca/

• The Employment Standards Branch publishes the Employment Standards Act Interpretation Guidelines Manual. The Manual sets out the ESB`s interpretation of the Act and Regulations. The manual is published online at: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm

• Lexis Advance Quicklaw publishes Canada Wrongful Dismissal Quantums, which summarizes wrongful dismissal awards organized according to occupation and duration of employment. The Quantums are available online to those with a subscription at https://advance.lexis.com/api/permalink/0d69f961-3512-4e11-a43e-15a0e8f7cdf7/?context=1505209

• Carswell hosts an online Wrongful Dismissal Database. The database calculates average notice period awards from precedential cases. Reports can be purchased individually or by subscription. The database is accessible online at: http://www.wrongfuldismissaldatabase.com

• vLex Canada provides a free Bardal factor calculator. By inputting your employment information, the service will provide you with some caselaw similar to your circumstances and estimate a range of reasonable notice periods. The tool can be found here: Website: http://www.bardalfactors.ca/whats-reasonable

C. Referrals

Employment Standards Branch (Employees in Provincial Jurisdiction)

Online Website Address Lower Mainland Regional Office 250 – 4600 Jacombs Road Richmond, B.C. V6V 3B1 Phone (604) 660-4946 Fax: (604) 713-0450

The other Branch in the Lower Mainland is located in Langley.

Employment Standards General Inquiry Line

Online Website Phone (Prince George): (250) 612-4100 (Rest of B.C.): 1-800-663-3316 Fax: (250) 612-4121

Labour Relations Board

Online Website Address (Union Enquiries: Provincial Jurisdiction) Suite 600 Oceanic Plaza 1066 West Hastings Street Vancouver, B.C. V6E 3X1 Phone (604) 660-1300 Fax: (604) 660-1892

Employment and Social Development Canada, Labour Program

Online Website Address 11 – 300 West Georgia Street Vancouver, B.C. V6B 6G3 Phone (604) 872-4384 Toll-Free: 1-800-641-4049 Emergency: 1-800-641-4049 Fax: (604) 666-3166

Canada Industrial Relations Board

Online Website Address (Union Enquiries: Federal Jurisdiction) Western Region Office Suite 501, 300 West Georgia Street Vancouver, B.C. V6B 6B4 Phone (604) 666-6002 Toll-free: 1-800-575-9696 Fax: (604) 666-6071

Employment Standards Tribunal of British Columbia

Online Website E-mail: registrar.est@bcest.bc.ca Address Suite 650 Oceanic Plaza 1066 West Hastings Street Vancouver, B.C. V6E 3X1 Phone (604) 775-3512 Information Line: (250) 612-4100 Toll-free: 1-800-663-3316 Fax: (604) 775-3372

B.C. Human Rights Tribunal

Online Website E-mail: BCHumanRightsTribunal@gov.bc.ca Address 1170 – 605 Robson Street Vancouver, B.C. V6B 5J3 Phone (604) 775-2000 TTY: (604) 775-2021 Toll-free (in B.C.): 1-888-440-8844 Fax: (604) 775-2020

Workers’ Compensation Board of B.C. (WorkSafeBC - Head Office)

Online Website Address Main Building 6951 Westminster Highway Richmond, B.C. V7C 1C6 Phone 604-276-3143

Canadian Human Rights Commission – British Columbia and Yukon

Online Website Phone Toll-free: 1-888-214-1090

Migrant Workers Centre

Online Website E-mail: info@wcdwa.ca Address 302 – 119 West Pender Street Vancouver, B.C. V6B 1S5 Phone 604-669-4482 Toll-free: 1-888-669-4482 Fax: (604) 669-6456

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