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Volume 49, No. 7

B.C. Reg. 64/2006

The British Columbia Gazette,

Part II

April 11, 2006

B.C. Reg. 64/2006, deposited March 31, 2006, pursuant to the EMPLOYMENT STANDARDS ACT [Section 127 (2) (n)]. Order in Council 217/2006, approved and ordered March 30, 2006.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the Employment Standards Regulation, B.C. Reg. 396/95, is amended as set out in the attached schedule.

— M. de JONG, Minister of Labour and Citizens' Services; T. CHRISTENSEN, Presiding Member of the Executive Council.

Schedule

Section 29 (1) of the Employment Standards Regulation, B.C. Reg. 296/95, is repealed and the following substituted:

(1) Subject to

section 81 of the Act and any right of appeal under

Part 13 of the Act, the following monetary penalties are prescribed for the purposes of

section 98 (1) of the Act:

(

a) a fine of $500 if the director determines that a person has contravened a requirement under the Act, unless paragraph (

b) or (

c) applies;

(

b) a fine of $2 500 if

(

i) after the date of a determination under paragraph (a), the director determines that the person contravened the requirement referred to in that paragraph subsequent to the determination under paragraph (a), and

(ii) that subsequent contravention occurs within 3 years after the date of the most recent contravention of the same requirement in relation to which there has been a determination under paragraph (a),

unless paragraph (

c) applies;

(

c) a fine of $10 000 if

(

i) after the date of a determination under paragraph (b), the director determines that the person contravened the requirement referred to in that paragraph subsequent to the determination under paragraph (b), and

(ii) that subsequent contravention occurs within 3 years after the date of the most recent contravention of the same requirement in relation to which there has been a determination under paragraph (b).

(1.1) For the purposes of subsection (1),

an act or omission of an employer constituting a contravention of a requirement under the Act is deemed to be a single contravention regardless of the number of employees affected by the contravention.

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