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

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(2. Provincial Legislation – added Wills & Estates Act, Apology Act)
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*''Employment Standards Act'', RSBC l996, c 113, (''ESA'') sets out minimum employment standards for provincial employees. Website: http://ww.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96113_01  
*''Employment Standards Act'', RSBC l996, c 113, (''ESA'') sets out minimum employment standards for provincial employees. Website: http://ww.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/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/EPLibraries/bclaws_new/document/ID/freeside/11_396_95  
*''Employment Standards Regulation'', BC Reg 396/95, includes provisions on scope of coverage and the penalty regime. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/11_396_95  
*''Estate Administration Act'', RSBC 1996, c 122, deals with deceased workers’ wages. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96122_01
*''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/EPLibraries/bclaws_new/document/ID/freeside/00_96210_01   
*''Human Rights Code'', RSBC l996, c 210, deals with discrimination in employment, among other things. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/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/EPLibraries/bclaws_new/document/ID/freeside/00_96244_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/EPLibraries/bclaws_new/document/ID/freeside/00_96244_01  
*''Workers’ Compensation Act'', RSBC l996, c 492, governing Act of the Workers’ Compensation Board. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96492_00   
*''Workers’ Compensation Act'', RSBC l996, c 492, governing Act of the Workers’ Compensation Board. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96492_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/EPLibraries/bclaws_new/document/ID/freeside/00_03063_01  
*''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/EPLibraries/bclaws_new/document/ID/freeside/00_03063_01
*''Apology Act'' [SBC 2006] CHAPTER 19 addresses some circumstances where a claimant is seeking an apology from his 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/Recon/document/ID/freeside/00_06019_01


=== 3. Provincial Legislation – Contractors ===
=== 3. Provincial Legislation – Contractors ===

Revision as of 16:25, 29 August 2016



A. Employment and Wrongful Dismissal Legislation

1. Federal Legislation

  • Canada Labour Code, RSC l985, 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: http://www.laws.justice.gc.ca/eng/acts/L-2/index.html
  • 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: http://laws.justice.gc.ca/en/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: http://laws.justice.gc.ca/en/e-5.401
  • Employment Insurance Act, RSC 1996, c 23, outlines the requirements and qualifications for Employment Insurance. Website: http://laws.justice.gc.ca/en/E-5.6/49004.html
  • Personal Information Protection and Electronic Documents Act, RSC 2000, c 5, protects personal information collected and distributed electronically for employees in federal jurisdiction. Website: http://laws.justice.gc.ca/en/p-8.6

2. Provincial Legislation – Employees

Website: http://www.bclaws.ca/civix/document/id/complete/statreg/09013_01#division_d2e13620

Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_06019_01

3. Provincial Legislation – Contractors

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: http://www.labour.gov.bc.ca/esb/igm/welcome.htm

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


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

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Human Resources and Skills Development Canada, Labour Program

Address Labour Standards
125 East 10th Avenue
Vancouver, B.C. V5T 1Z3
Phone (604) 872-4384
Toll Free: 1-800-641-4049
Emergency: 1-800-641-4049
Fax: (604) 666-3166


Canada Industrial Relations Board

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Employment Standards Tribunal of British Columbia

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B.C. Human Rights Tribunal

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

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Canadian Human Rights Commission – British Columbia and Yukon

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


West Coast Domestic Workers’ Association

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