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

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 2nd day of June, 1999

Ian D. Izard, Law Clerk

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Section 2 of the Barbers Act, R.S.B.C. 1996, c. 24, is repealed and the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

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada