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dates in force of new statutes
June 10, 2002

This is a summary of dates on which various parts of recent BC legislation come into force:

Labour Relations Code Amendment Act, 2002 (Bill 42)
This Act received Royal Assent on May 30, 2002 and comes into force by regulation. This regulation is expected to be issued before the end of June, 2002.

Employment Standards Amendment Act, 2002 (Bill 48)
This Act received Royal Assent on May 30, 2002. Most sections into force on Royal Assent. Click here for the Employment Standards Branch list of the amendments which came into force on May 30, 2002.

Two noteworthy changes that are already in force are the limitation on an employer’s liability for unpaid wages. Previously, employers could be liable for twenty-four months of unpaid wages. This has been changed back to six months.

The second major change that is already in force is the elimination of the “meet or exceed” provisions.

The following sections will come into force by regulation:

  • Section 1(b) to (d) and (h): These sections amend the definition of “determination” and “overtime wages”, repeal the definition of “flexible work schedule” and amending the definition of “wages” to include money required to be paid in accordance with a settlement agreement.
  • Section 4: This section amends the section which states that the requirements of the Act cannot be waived to exempt collective agreements.
  • Section 5: This section removes reference to statutory holiday pay being included in an employee’s time bank.
  • Section 15: This section removes references to flexible work schedules and provides that maximum hours of work does not apply to an employee working under an averaging agreement.
  • Section 16: This section reduced the wage premium to 1 ½ times the employee’s regular wage for time worked during the mandatory weekly rest period.
  • Section 17: This section replaces the flexible work schedule provisions of the Act with new averaging agreements.
  • Section 19: This Section changes the daily overtime threshold to before double time is paid from 11 hours to 12 hours and removes the entitlement to double time in the calculation of weekly overtime. This section is expected to come into force in October 2002.
  • Section 20: This section repeals provisions related to flexible work schedules.
  • Section 21: This section changes section references related to overtime pay.
  • Section 23: This section establishes new eligibility criteria for statutory holiday pay and a new formula for calculating statutory holiday pay. This section is expected to come into force by regulation in October 2002.
  • Section 36(b): This section allows an averaging agreement to be the subject of a variance application.
  • Section 55: This section stipulates mandatory penalties when a determination is issued. This section is expected to come into force by regulation in July 2002.
  • Sections 59 to 61: These sections amend the appeal procedure before the Employment Standards Tribunal.
  • Section 64(b), (c) and (f): These sections amend the scope of regulations under the Act concerning child workers, flexible work schedules, and penalties. A regulation concerning child workers is expected to be issued in October 2002.

Workers Compensation Amendment Act, 2002 (Bill 49)
This Act received Royal Assent on May 30, 2002 and will come into force by regulation.

Human Rights Code Amendment Act, 2002 (Bill 53)
This Bill was given first reading on May 30, 2002. It will not be debated until the Fall session of the legislature. This Bill will likely come into force by regulation.

Workers Compensation Amendment Act (No. 2), 2002 (Bill 56)
This Bill was given first reading on May 30, 2002. It will not be debated until the Fall session of the legislature. This Bill will likely come into force by regulation.