Canada: Compliance Checklist For Employment Matters In British Columbia

Last Updated: April 23 2013
Article by Richard Press

Davis LLP's Richard Press has prepared a compliance checklist identifying the business processes, risks and control activities in relation to the employment laws of British Columbia.

Business Process

Functions

Events/Risks

Check Points / Control Activities

Laws, Regulations, Company Policies

Payment of Wages, Vacation Pay, Holiday Pay and Hours of Work– General Payroll

Payment of wages

Hourly wages fall below statutory minimums

Failure to pay within 8 days of the end of the pay period

Failure to pay semi-monthly or more frequently

Third party payroll administrator

Employment Standards Act, (BC)

Payment of vacation pay, holiday pay, etc.

Failure to pay vacation pay

Failure to pay wages in respect of statutory holidays

Failure to pay overtime wages

Third party payroll administrator

Employment Standards Act, (BC)

 

Setting hours of work (maximum allowable hours of work)

Failure to provide appropriate eating and break times

Exceeding maximum allowable hours of work per applicable period

Payroll, Human Resources Administrator

Employment Standards Act, (BC)

 

Compliance with legislation relating to garnishment of wages

Wages garnished in an amount that exceeds the amount prescribed by applicable legislation

Human Resources, Garnishment Court Order

Court Order Enforcement Act (BC)

Hiring, Employment and Termination of Employees

Hiring of employees

Ensure that hiring and employment practices comply with applicable human rights legislation (e.g. ensure that there is no discrimination on prohibited grounds in hiring practices, employment advertisements, promotions, etc.)

Human Resources Administrator

Human Rights Code (BC)

Accommodating employees with special needs where required to do so in accordance with applicable legislation

Failure to accommodate employees with special needs (e.g. disabilities)

Human Resources, Occupational Health Administrator

Human Rights Code (BC)

 

Dismissal of employees

Wrongful dismissal (breach of contract) suit arising out of failure to give appropriate notice/payment in lieu of notice

Ensure that employees not terminated for reasons prohibited by applicable human rights legislation

Settling of wrongful dismissal suits

Constructive dismissal suit arising out of imposition of unilateral fundamental change to terms of employment

Human Resources

Employment agreement

Employment Standards Act, (BC)

Human Rights Code (BC)

Common Law

Pay Equity

[NTD: In BC pay equity is not mandatory. If Company elects to implement a pay equity plan voluntarily, this plan would have to comply with the Human Rights Code]

 

 

 

 

Employee Health and Safety

Register with WorkSafeBC

Assess classification unit for assessment premiums

Liability for failure to register

Human Resources

Workers Compensation Act (BC)

 

Provide instruction and training to employees to protect their health and safety

Ensure safe workplace including investigation of reported unsafe working conditions

Maintenance of a non-smoking workplace

Unsafe workplace, breach of occupational health standards

Occupational Health administrator/joint health and safety committee or worker representative

Workers Compensation Act (BC)

The Occupational Health and Safety (OHS) Regulations (BC)

Municipal By-laws

 

Establishment of joint health and safety committee (required in BC where there are 20 or more employees)

Nominate worker health and safety representative where more than 9 but less than 20 employees

Failure to establish joint health and safety committee

Human Resources

Workers Compensation Act (BC)

 

Providing notices to the WCB and/or the joint committee or worker representative, as applicable, with respect to:

-serious injuries or deaths

- release of hazardous substance or major structural failure of support structure (e.g., building, tower, hoist)

- injuries resulting in lost hours of work

Failure to provide notices in a timely manner

Failure to provide accurate information in notices

Human Resources, Occupational Health and Safety Administrator

Workers Compensation Act (BC)

 

Compliance with health and safety orders issued by OHS Inspector

Non-compliance with orders

Human Resources, Occupational Health and Safety Administrator

Workers Compensation Act (BC)

CPP/Employment Insurance Matters

Require employees to provide copy of Social Insurance card within prescribed time periods OR provide employee with application for Social Insurance card

Prosecution under the Canada Pension Plan and/or Employment Insurance Act

 

Canada Pension Plan

Employment Insurance Act (Canada)

 

Provide record of employment to employee upon interruption of earnings

Failure to provide record of employment

Human Resources

Employment Insurance Act (Canada)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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