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

1 Section 16 of the Employment Standards Act, R.S.B.C. 1996, c. 113 is amended by adding the following subsection:

(3) (a) The minimum wage set out by regulation shall apply to all employees, including farm workers.

(b) When there is a piece work rate for certain kinds of work, the piece work rate or the minimum wage rate shall apply, whichever is greater.

2 Section 9 of the Employment Standards Act, R.S.B.C. 1996, c. 113 is repealed and replaced by the following text:

No hiring of children under 15 without director's permission

(1) A person must not employ a child under 15 years of age without the director's permission.

(2) A parent or guardian must not consent to a person employing a child under age 15 unless the person has obtained the director's permission.

(3) On permitting the employment of a child under age 15, the director may set the conditions of employment for the child.

(4) An employer must comply with the conditions of employment set under subsection (3).

3 The Employment Standards Act, R.S.B.C. 1996, c. 113 is amended by adding the following section:

Hours of work and overtime pay for farm workers

43.1 Part 4 shall apply to farm workers.

4 The Employment Standards Act, R.S.B.C. 1996, c. 113 is amended by adding the following section:

Statutory holidays for farm workers

49.1 Part 5 shall apply to farm workers.

 
Explanatory Note

Through amendments to the Employment Standards Act, this bill will ensure fairness in the farming industry by restoring overtime pay, statutory holiday pay and minimum wage protections; and restoring child hiring standards.