4th Session, 42nd Parliament

(2023) THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 28th day of November, 2023

Kate Ryan-Lloyd, Clerk of the Legislative Assembly

HONOURABLE HARRY BAINS

MINISTER OF LABOUR

BILL 48 – 2023

LABOUR STATUTES AMENDMENT ACT, 2023

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

Employment Standards Act

Section 1 (1) of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by adding the following definition:

"online platform worker" means a person who performs prescribed work that the person accepts through an online platform; .

2 The following

section is added:

Online platform workers

3.1 For the purposes of this Act,

(

a) an online platform worker is to be considered an employee, whether or not the online platform worker is an employee under any law, and

(

b) the operator of the online platform through which an online platform worker accepts prescribed work is to be considered the employer of the online platform worker.

Section 76 (3) is amended

(

a) by adding " the director is satisfied that " after " if ",

(

b) by adding the following paragraph:

(e.1) despite the director's attempt to arrange for the complainant's participation in a review or investigation or to obtain information from the complainant, the complainant failed to participate in the review or investigation or to provide information, , and

(

c) in paragraph (

i) by striking out " the dispute that caused the complaint is " and substituting " the complaint has been ".

Section 112 (3) is repealed and the following substituted:

(3) The appeal period referred to in subsection (2) is the period that starts on the date the determination was served under

section 122 and ends 30 days after that date.

Section 127 (2) is amended by adding the following paragraphs:

(b.01) prescribing work for the purposes of the definition of "online platform worker" and

section 3.1 (b);

(b.02) respecting online platforms and work accepted through online platforms; .

Temporary Foreign Worker Protection Act

Section 28 of the Temporary Foreign Worker Protection Act, S.B.C. 2018, c. 45, is amended

(

a) in subsection (2) by striking out " A registered employer " and substituting " An employer ", and

(

b) in subsections (2) and (3) by striking out " registered " wherever it appears.

Section 51 (1) is repealed and the following substituted:

(1) If a person owes an amount to another person under a determination or an order of the tribunal, the person owing the amount must pay interest at the prescribed rate on the amount owed from

(

a) in the case of an investigation commenced by the director under

section 32, the date on which the director commenced the investigation, or

(

b) the date on which the complaint was delivered to an office of the Employment Standards Branch under

section 33 (2)

to the date of payment.

Workers Compensation Act

Section 1 of the Workers Compensation Act, R.S.B.C. 2019, c. 1, is amended by adding the following definition:

"online platform worker" means a person who performs prescribed work that the person accepts through an online platform; .

9 The following

section is added to Division 1 of

Part 1:

Online platform workers

1.1 For the purposes of this Act,

(

a) an online platform worker is to be considered a worker, whether or not the online platform worker is a worker or employee under any law, and

(

b) the operator of the online platform through which an online platform worker accepts prescribed work is to be considered the employer of the online platform worker.

Section 109 (2) is amended

(

a) by renumbering paragraph (

a) as paragraph (a.2), and

(

b) by adding the following paragraphs:

(

a) prescribing work for the purposes of the definition of "online platform worker" and

section 1.1 (b);

(a.1) respecting online platforms and work accepted through online platforms; .

Commencement

11 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 and 2

By regulation of the Lieutenant Governor in Council

Section 5

By regulation of the Lieutenant Governor in Council

Sections 8 to 10

By regulation of the Lieutenant Governor in Council

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