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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DALE LOVICK

MINISTER OF LABOUR

BILL 65 – 1999

LABOUR STATUTES AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Barbers Act

Section 2 of the Barbers Act, R.S.B.C. 1996, c. 24, is repealed and the

following substituted:

Cosmetologists

2 This Act does not prevent a person qualified as a

cosmetologist under the Cosmetologists Act from engaging in the occupation of

cosmetology.

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:

"talent agency" means a person that, for a fee,

engages in the occupation of offering to procure, promising to procure or procuring

employment for actors, performers, extras or technical creative film personnel; .

Section 12 (1) is amended by adding "or a talent agency"

after "an employment agency" .

Section 80 is amended by renumbering the

section as

section 80 (1) and by

adding the following subsection:

(2) If a talent agency that has received wages from an employer on

behalf of an employee has failed to pay those wages, less any fees allowed under the

regulations, to the employee within the time required under the regulations, the amount

the agency may be required by a determination to pay to the employee is limited to the

amount calculated

(

a) by deducting any fees allowed under the regulations from the

amount received by the agency on behalf of the employee in the period beginning,

(

i) in the case of a complaint, 24 months before the date of the

complaint, and

(ii) in any other case, 24 months before the director first told

the talent agency of the investigation that resulted in the determination, and

(

b) by adding interest to the amount obtained under paragraph (a).

Section 87 is amended

(

a) by adding the following subsection:

(1.1) If a talent agency named in a determination or order has

(

a) received wages from an employer on behalf of an employee, and

(

b) failed to pay those wages, less any fees allowed under the

regulations, to the employee within the time required under the regulations,

the wages, less any fees allowed under the regulations, constitute

a lien, charge and secured debt in favour of the director, dating from the time the wages

were received by the agency, against all the real and personal property of the agency,

including money due or accruing due to the agency from any source. ,

(

b) in subsection (3) by striking out "subsections (1) and (2)"

and substituting "subsections (1), (1.1) and (2)" ,

(

c) in subsection (4) by repealing paragraphs (

a) and (

b) and substituting the

following:

(

a) in the case of wages referred to in subsection (1) or (2), the

date the wages were earned or the date a payment for the benefit of the employee became

due, and

(

b) in the case of wages referred to in subsection (1.1), the date

the wages were received by the talent agency. , and

(

d) in subsection (5) by striking out "subsections (1) and (2)"

and substituting "subsections (1), (1.1) and (2)" .

Section 88 is amended by adding the following subsections:

(7) If a talent agency that has received wages from an employer on

behalf of an employee fails to pay those wages, less any fees allowed under the

regulations, to the employee within the time required under the regulations,

(

a) the talent agency must pay interest at the prescribed rate on

the amount of the wages, less the fees, from the date a complaint about the wages is

delivered to the director, and

(b) subsections (2) and (3) apply in respect of the interest.

(8) Subsection (7) applies whether or not the wages were received

by the talent agency before that subsection comes into force, but the date from which the

interest is calculated must not be earlier than the date subsection (7) comes into force.

Section 96 is amended

(

a) by adding the following subsection:

(2.1) If a corporation that is a talent agency has received wages

from an employer on behalf of an employee and fails to pay those wages, less any fees

allowed under the regulations, to the employee within the time required under the

regulations,

(

a) a person who was a director or officer of the corporation at

the time the wages were received is personally liable for the amount received by the

corporation from the employer, less any fees allowed under the regulations, and

(

b) that amount is considered for the purposes of subsection

(3) to be unpaid wages. , and

(

b) in subsection (3) by striking out "subsection (1)."

and substituting "subsection (1) or (2.1)."

Section 127 (2) is amended by repealing paragraphs (

c) and (

d) and substituting

the following:

(

c) respecting the licensing of employment agencies, talent

agencies and farm labour contractors and the suspension or cancellation of their licences;

(

d) respecting the duties of employment agencies, talent agencies

and farm labour contractors; .

Hairdressers Act

9 The Hairdressers Act, R.S.B.C. 1996, c. 178, is amended by repealing the title

and substituting the following:

COSMETOLOGISTS ACT .

Section 1 is repealed and the following substituted:

Definitions

1 In this Act:

"association" means the Cosmetologists'

Association of British Columbia continued under

section 3;

"board" means the Board of Examiners in

Cosmetology under

section 4;

"cosmetologist" means a person who engages in the

occupation of

(

a) cutting, dressing, curling, waving, permanently waving,

cleansing, bleaching or similar work on the hair of a person,

(

b) manicuring the fingernails of a person,

(

c) trimming the toenail cuticles and cleaning, trimming, shaping

and polishing the toenails of a person for enhancement only, or

(

d) massaging for relaxation only, cleansing or enhancing the

attractiveness of the scalp, face, neck, arms, chest or feet of a person.

Section 3 (1) is amended by striking out "Hairdressers'"

and substituting "Cosmetologists'" .

Section 4 is amended

(

a) in subsection (1) by striking out "Hairdressing" and

substituting "Cosmetology" ,

(

b) in subsection (6) by striking out "hairdressing"

wherever it appears and substituting "cosmetology" ,

(

c) by adding the following subsection:

(6.1) The board must elect its chair from among the members of the

board. ,

(

d) in subsection (8) by striking out "elected by the

association" and substituting "appointed by the board" ,

and

(

e) in subsection (10) by striking out "elected" .

Section 5 (2) is amended by striking out "hairdressing"

and substituting "cosmetology" .

Section 6 (1) is amended by striking out "hairdressing"

wherever it appears and substituting "cosmetology" .

Section 7 is amended

(

a) in subsection (1) by striking out "entitled" and

substituting "qualified" ,

(

b) by striking out "hairdressing" wherever it appears

and substituting "cosmetology" ,

(

c) in subsection (8) by striking out "hairdresser" in

both places and substituting "cosmetologist" ,

(

d) in subsection (10) (

a) by striking out "hairdressers"

and substituting "cosmetologists" , and

(

e) in subsection (11) by striking out "hairdresser" and

substituting "cosmetologist" .

Section 8 is amended

(

a) in subsection (2) (

a) by striking out "secretary of the

association" and substituting "board" , and

(

b) in subsections (1), (4) and (5) by striking out "hairdressing"

and substituting "cosmetology" .

Section 9 is repealed and the following substituted:

Students of cosmetology

(1) A person must not become or be engaged in the study

of cosmetology in a school or premises where the business of teaching students a branch of

cosmetology is carried on, until he or she has applied to the board and obtained

registration as a student.

(2) Registration as a student must be granted to a person if

(

a) the board is satisfied that the person is of good character

and has contracted to learn cosmetology in the school or premises, and

(

b) the person pays to the board the registration fee prescribed

by the Lieutenant Governor in Council.

(3) A student permit card must be issued to each student

registered by the board, and must be kept displayed by the student in a conspicuous place

in the school or premises where the student is studying.

(4) Every proprietor, manager and instructor in a school or

premises must require every student to secure and display his or her student permit card

before beginning study or attendance, and to keep it continuously displayed in a

conspicuous place.

(5) A student permit card remains in force for one year from the

date of issue and is renewable for a further period of one year and, after that, from year

to year as provided in subsection (2).

(6) Before attending for examination a student must produce

evidence satisfactory to the board that the student has served as a student of cosmetology

under the direct supervision of a person certified under this Act for at least the number

of hours prescribed by the Lieutenant Governor in Council.

Section 12 is amended by striking out "hairdressing"

and substituting "cosmetology" .

Section 13 is repealed and the following substituted:

Advertising of schools

(1) A person who carries on the business of teaching

students a branch of cosmetology must paint or affix, and keep painted or affixed, on the

outside of every entrance through which the public has access to the premises where

teaching is carried on a sign with the words "cosmetology school",

"hairdressing school" or "beauty school" in letters easily legible and

at least 75 mm in height.

(2) A sign required under subsection (1) must be displayed in a

conspicuous position at not less than 1 m and not more than 1.7 m from the bottom of every

entrance through which the public has access.

(3) A person described in subsection (1) must also in every

advertisement or notice of the premises described in subsection (1) use the words

"cosmetology school", "hairdressing school" or "beauty

school", and those words must be displayed prominently in the advertisement or notice

and in letters easily legible and at least 6 mm in height.

(4) A person must not use, on any sign, notice or advertisement on

premises described in subsection (1) the words "academy", "college",

"institution", "studio", or words of similar meaning, or other words

that may in any way qualify the words "cosmetology school", "hairdressing

school" or "beauty school".

(5) A person must on every sign, advertisement or notice described

in subsection (1) describe the premises by the words "cosmetology school",

"hairdressing school" or "beauty school" only, without adding or

inserting any qualifying or limiting or varying words.

(6) A person must not carry on, directly, indirectly, personally

or through an agent, at the same time and in the same building both the occupation of a

cosmetologist and the occupation of teaching students cosmetology or any branch of it.

Section 14 is amended

(

a) by striking out "hairdressing" in both places and

substituting "cosmetology" ,

(

b) in subsection (5) by striking out "hairdresser" and

substituting "cosmetologist" , and

(

c) by adding the following subsection:

(6) The board may appoint, for the purpose of conducting

examinations only, additional persons as temporary examiners in the manner provided by the

bylaws of the association.

21 Sections 16 and 21 are amended by striking out "hairdressing"

wherever it appears and substituting "cosmetology" .

Section 22 is repealed.

Section 23 is amended

(

a) by striking out "hairdressing" in both places and

substituting "cosmetology" , and

(

b) in paragraph (

b) by striking out "hairdresser" and

substituting "cosmetologist" .

Labour Education Centre of British Columbia Act

24 The Labour Education Centre of British Columbia Act, S.B.C. 1975, c. 34, is

repealed.

Municipal Act

Section 682 (1) of the Municipal Act, R.S.B.C. 1996, c. 323, is amended by

striking out "hairdresser" in both places and substituting "cosmetologist" .

Section 687 (2) is amended by striking out "hairdressing"

and substituting "cosmetology" .

Skills Development and Fair Wage Act

Section 6 of the Skills Development and Fair Wage Act, R.S.B.C. 1996, c. 427,

is repealed.

Section 11 is amended by striking out "section 4, 6, 9 or

10," and substituting "section 4, 9 or 10," .

Vancouver Charter

Section 279A (1) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by

striking out "hairdresser" in both places and substituting "cosmetologist" .

Workers Compensation Act

Section 17 (2) of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is

repealed and the following substituted:

(2) Where compensation is payable as the result of the death of a

worker or as the result of injury resulting in the death,

(

a) in addition to any other compensation payable under this

section, an amount in respect of funeral and related expenses, as determined in accordance

with the policies of the governors, must be paid out of the accident fund,

(

b) the employer of the worker must bear the cost of transporting

the body to the nearest business premises where funeral services are provided, and

(

c) if burial does not take place there, the costs of any

additional transportation, up to a maximum determined in accordance with the policies of

the governors, may be paid out of the accident fund.

(2.1) No action for an amount larger than that established by

subsection (2) lies in respect of the funeral, burial or cremation of the worker or

cemetery charges in connection with it.

31 Sections 36 and 37 are repealed and the following substituted:

Accident fund

36 The board must continue and maintain the accident fund

for payment of the compensation, outlays and expenses under this Part and for payment of

expenses incurred in administering the Workplace Act.

Classification of industries

(1) The following classes are established for the

purpose of assessment in order to maintain the accident fund:

Class

Primary resource

Class

Manufacturing

Class

Construction

Class

Transportation and warehousing

Class

Trade

Class

Public services

Class

General services

Class

Canadian Airlines International Ltd., Canadian Pacific Hotels

Corporation,

Canadian Pacific Railway Company, Cominco Ltd.

Class

The Burlington Northern and Santa Fe Railway Company

Class

10:

Air Canada, Canadian National Railway Company, Via Rail Canada Inc.

Class

11:

British Columbia Assessment Authority, British Columbia Buildings

Corporation,

British Columbia Ferry Corporation, British Columbia Railway Company,

Emergency Health Services Commission, Government of British Columbia,

Workers' Compensation Board of British Columbia.

(2) The board may do one or more of the following:

(

a) create new classes in addition to those referred to in

subsection (1);

(

b) consolidate or rearrange any existing class;

(

c) assign an employer, independent operator or industry to one or

more classes established by or under this section;

(

d) withdraw from a class

(

i) an employer, independent operator or industry,

(ii) a part of the class, or

(iii) a subclass or a part of a subclass,

and transfer it to another class, or form it into a separate

class.

(3) If the board exercises authority under subsection (2), it may

make the adjustment and disposition of the funds, reserves and accounts of the classes

affected that the board considers just and expedient.

(4) Without limiting subsection (2) or (3), for the purposes of

transition in relation to the classes established by subsection (1) as enacted by

section

31 of the Labour Statutes Amendment Act, 1999 , the board may

(

a) assign or reassign employers, independent operators or

industries to those classes as the board considers advisable, and

(

b) make the adjustment and disposition of the funds, reserves and

accounts of the pre-existing classes that the board considers advisable.

Section 230 (3) is repealed and the following substituted:

(3) A regulation under this Part establishing a standard, code or

rule may do so by adopting a standard, code or rule

(

a) published by a provincial, national or international body or

standards association, or

(

b) enacted as or under a law of this or another jurisdiction,

including a foreign jurisdiction.

Workers Compensation (Occupational Health and Safety) Amendment Act, 1998

Section 4 of the Workers Compensation (Occupational Health and Safety)

Amendment Act, 1998, S.B.C. 1998, c. 50, is repealed and the following substituted:

Section 36 is amended by striking out "expenses incurred in

administering the Workplace Act ." and substituting "expenses

incurred in administering

Part 3 of this Act."

Commencement

34 Sections 1 to 23, 25 to 30, 31 and 33 come into force by

regulation of the Lieutenant Governor in Council.

Explanatory Notes

Barbers Act

SECTION 1: [Barbers Act, re-enacts

section 2] is consequential to the

amendment made by

section 9 of this Bill .

Employment Standards Act

SECTION 2: [Employment Standards Act, amends

section 1 (1)] adds a

definition of "talent agency". The new definition is needed to make the

enforcement mechanisms of the Act available for the recovery of wages that have been paid

to a talent agency on behalf of an employee and are not remitted in time to the employee.

SECTION 3: [Employment Standards Act, amends

section 12 (1)] adds a

reference to a talent agency to a provision requiring the licensing of employment

agencies. The amendment is consequential to the addition of the definition of "talent

agency".

SECTION 4: [Employment Standards Act, adds

section 80 (2)] limits the

amount that may be recovered from a talent agency under a determination of the Director of

Employment Standards. The limitation is similar to the one in place at present for unpaid

wages.

SECTION 5: [Employment Standards Act, amends

section 87] extends the lien

provisions of the Act relating to unpaid wages to secure the payment of wages that have

been paid to a talent agency on behalf of an employee and are not remitted in time to the

employee.

SECTION 6: [Employment Standards Act, adds

section 88 (7) and (8)]

extends the provisions of the Act relating to the payment of interest on unpaid wages to

require a talent agency to pay interest on wages that have been paid to it on behalf of an

employee and are not remitted in time to the employee.

SECTION 7: [Employment Standards Act, amends

section 96] extends the

provisions of the Act relating to the personal liability of directors and officers of a

corporation to directors and officers of an incorporated talent agency that have received

wages on behalf of an employee and failed to remit them in time to the employee.

SECTION 8: [Employment Standards Act, amends

section 127 (2)] adds a

reference to talent agencies to provisions enabling the Lieutenant Governor in Council to

make regulations respecting the licensing and duties of employment agencies and farm

labour contractors. The amendment is consequential to the addition of the definition of

"talent agency".

Hairdressers Act

SECTION 9: [Hairdressers Act, repeals and replaces the title of the Act]

reflects the substitution of "cosmetologist" for "hairdresser" being

made throughout the Act.

SECTION 10: [Hairdressers Act, re-enacts

section 1]

reflects the substitution of "cosmetologist" for "hairdresser" being made

throughout the Act, and

adds cutting hair and the cosmetic treatment of toenails and feet to the

definition of "cosmetologist".

SECTION 11: [Hairdressers Act, amends

section 3 (1)] is similar

to the amendment made by

section 9 of this Bill.

SECTION 12: [Hairdressers Act, amends

section 4]

reflects the substitution of "cosmetologist" for "hairdresser" being made

throughout the Act,

allows the board to elect its chair from among the members of the board,

allows the board to make appointments to fill vacancies on the board caused

by the death or resignation of an elected member, and

allows fees, salaries and travelling expenses to be set by the bylaws of

the association for non-elected as well as elected members of the board.

SECTION 13: [Hairdressers Act, amends

section 5 (2)] is similar to the

amendment made by

section 9 of this Bill.

SECTION 14: [Hairdressers Act, amends

section 6 (1)] is similar to the

amendment made by

section 9 of this Bill.

SECTION 15: [Hairdressers Act, amends

section 7]

clarifies what the issue of a certificate signifies, and

reflects the substitution of "cosmetologist" for "hairdresser" being made

throughout the Act.

SECTION 16: [Hairdressers Act, amends

section 8]

provides that the application for registration as an apprentice will be

made to the board of the association, and

reflects the substitution of "cosmetologist" for "hairdresser" being made

throughout the Act.

SECTION 17: [Hairdressers Act, re-enacts

section 9]

reflects the substitution of "cosmetologist" for "hairdresser" being made

throughout the Act, and

allows the number of hours of service as a student to be set by the regulation.

SECTION 18: [Hairdressers Act, amends

section 12] is similar to the

amendment made by

section 9 of this Bill.

SECTION 19: [Hairdressers Act, re-enacts

section 13] is similar to the

amendment made by

section 9 of this Bill.

SECTION 20: [Hairdressers Act, amends

section 14]

reflects the substitution of "cosmetologist" for "hairdresser" being made

throughout the Act, and

provides for the appointment of temporary examiners for the purpose of conducting

examinations.

SECTION 21: [Hairdressers Act, amends sections 16 and 21] is similar to

the amendment made by

section 9 of this Bill.

SECTION 22: [Hairdressers Act, repeals

section 22] repeals the section.

SECTION 23: [Hairdressers Act, amends

section 23] is similar to the

amendment made by

section 9 of this Bill.

Labour Education Centre of British Columbia Act

SECTION 24: [Labour Education Centre of British Columbia Act, repeals Act]

repeals an obsolete Act that was never brought into force.

Municipal Act

SECTIONS 25 and 26: [Municipal Act, amend sections 682 (1) and 687 (2)]

are consequential to the amendment made by

section 9 of this Bill.

Skills Development and Fair Wage Act

SECTION 27: [Skills Development and Fair Wage Act, repeals

section 6]

repeals the section.

SECTION 28: [Skills Development and Fair Wage Act, amends

section 11] is

consequential to the repeal of

section 6 of the Act.

Vancouver Charter

SECTION 29: [Vancouver Charter, amends

section 279A (1)] is consequential

to the amendment made by

section 9 of this Bill.

Workers Compensation Act

SECTION 30: [Workers Compensation Act, amends

section 17] replaces the

current fixed amounts payable under the Act in respect of funeral and related expenses

with an authority for these payments to be determined in accordance with the policies of

the Workers' Compensation Board.

SECTION 31: [Workers Compensation Act, re-enacts sections 36 and 37]

by the proposed

section 36, continues the Accident Fund of the Workers'

Compensation Board;

by the proposed

section 37, establishes new industry classifications for

the purposes of the Act and allows transitional rearrangement for these purposes.

SECTION 32: [Workers Compensation Act, repeals and replaces

section 230 (3)]

clarifies the authority for occupational health and safety regulations to adopt standards,

codes and rules established by other bodies or legislation.

Workers Compensation (Occupational Health and Safety) Amendment Act, 1998

SECTION 33: [Workers Compensation (Occupational Health and Safety) Amendment Act,

1998, re-enacts

section 4] changes punctuation as a consequence of the proposed

section 36 of the Workers Compensation Act .

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