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

1 Section 2 of the Barbers Act, R.S.B.C. 1996, c. 24, is repealed and the following substituted: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

2 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; .

3 Section 12 (1) is amended by adding "or a talent agency" after "an employment agency".

4 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).

5 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)".

6 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.

7 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)."

8 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 .

10 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.

11 Section 3 (1) is amended by striking out "Hairdressers'" and substituting "Cosmetologists'".

12 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".

13 Section 5 (2) is amended by striking out "hairdressing" and substituting "cosmetology".

14 Section 6 (1) is amended by striking out "hairdressing" wherever it appears and substituting "cosmetology".

15 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".

16 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".

17 Section 9 is repealed and the following substituted:

Students of cosmetology

9 (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.

18 Section 12 is amended by striking out "hairdressing" and substituting "cosmetology".

19 Section 13 is repealed and the following substituted:

Advertising of schools

13 (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.

20 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".

22 Section 22 is repealed.

23 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

25 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".

26 Section 687 (2) is amended by striking out "hairdressing" and substituting "cosmetology".

 

Skills Development and Fair Wage Act

27 Section 6 of the Skills Development and Fair Wage Act, R.S.B.C. 1996, c. 427, is repealed.

28 Section 11 is amended by striking out "section 4, 6, 9 or 10," and substituting "section 4, 9 or 10,".

 

Vancouver Charter

29 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

30 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

37 (1) The following classes are established for the purpose of assessment in order to maintain the accident fund:

Class 1:  Primary resource
Class 2:  Manufacturing
Class 3:  Construction
Class 4:  Transportation and warehousing
Class 5:  Trade
Class 6:  Public services
Class 7:  General services
Class 8:  Canadian Airlines International Ltd., Canadian Pacific Hotels Corporation,
 Canadian Pacific Railway Company, Cominco Ltd.
Class 9:  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.

32 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

33 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:

4 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]

SECTION 12: [Hairdressers Act, amends section 4]

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]

SECTION 16: [Hairdressers Act, amends section 8]

SECTION 17: [Hairdressers Act, re-enacts section 9]

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]

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]

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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