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.
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Business Process |
Functions |
Events/Risks |
Check Points / Control Activities |
Laws, Regulations, Company Policies |
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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) |
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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) |
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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) |
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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) |
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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) |
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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) |
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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 |
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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] |
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Employee Health and Safety |
Register with WorkSafeBC Assess classification unit for assessment premiums |
Liability for failure to register |
Human Resources |
Workers Compensation Act (BC) |
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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 |
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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) |
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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) |
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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) |
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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 |
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Canada Pension Plan Employment Insurance Act (Canada) |
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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.
