Today in the legislature we debated Bill 8: Employment Standards Amendment Act, 2019 at second reading. This bill amends the employment standards act to make a number of changes to enhance protections for workers.  The proposed amendments touch on four priority areas of employment standards, with changes to:

• better protect children and youth from dangerous work;
• make it easier for workers to get help when they feel their rights have been violated;
• provide more job protection to people dealing with difficult personal circumstances; and
• ensure people are paid the wages they are owed — and that those that violate the law do not have an unfair economic advantage.

The amendments incorporate recommendations from the BC Law Institute, as well as from the BC Employment Standards Coalition, the BC Federation of Labour, and feedback from workers, employers and the public.

Below I reproduce the video and text of my speech. The reader will notice that I twice had to move adjournment of the debate so that progress could be reported out from Committee A.

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Video of Speech

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Text of Speech

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A. Weaver: It gives me pleasure to rise and speak in second reading to Bill 8, Employment Standards Amendment Act, 2019. The member from Chilliwack covered many of the points I was going to address, so a bit of a “me too” would probably summarize where I’m going to go with my remarks here at second reading. I share the same concerns, but also the same thoughts with respect to those aspects of the bill that are relatively straightforward.

The bill makes a number of changes to the Employment Standards Act. It improves fairness for workers and ensures a balance in workplaces. Frankly, part of our confidence and supply agreement actually stated that we would take steps to improve fairness for workers and ensure balances in the workplace. In essence, you could say that government is delivering on a commitment in the confidence and supply agreement.

Our caucus’s position and how we approached this was from the starting point of focusing on good public policy that puts the health and well-being of people at its core. Our goal has been, at all times, to try to stop the pendulum swings that have been going on in British Columbia labour policy for decades, from one extreme to the other. We wanted to see a thoughtful approach to policy development that actually is something we can all be proud of and is not something that will change the second the next government changes. Always, government changes at some point in the road.

This bill actually does a very good job, in my view, in listening to stakeholders and in coming up with a very reasonable approach to modernizing our employment standards in British Columbia. Many of the steps are indeed very positive, and we’re delighted to support them. A key element to this legislation is to better protect the health and well-being of some of the most vulnerable people in our community. In particular, the changes will give job security to workers fleeing domestic violence and protect children from dangerous work. I’ll come to that in a minute when I address the issue of light work versus dangerous work.

The bill also modernizes the employment standards branch complaint resolution process and ensures people are paid the wages that they are owed — again, welcome additions in this amendment act.

It implements commonsense, reasonable changes to improve fairness and balance in the workplace, and I’m glad it’s been receiving support from both the employer and the labour community. You know you’ve done something right when both of these groups of stakeholders are supportive of the change, so the minister deserves some credit in this regard.

Jock Finlayson, for example, is not known to be someone who’s advocating for tighter labour code changes. He’s from the B.C. Business Council. He said that they generally agree with almost all of the changes proposed in the bill, while labour advocates are also celebrating these changes. That’s a good thing.

I’ll speak to the changes the bill makes in a little more detail as we come up. Let me start with child employment. This was an issue that the member for Chilliwack focused extensively on.

In sections 6 and 7 of the bill, it’s changing the rules regarding the hiring of children. Right now in British Columbia, children under 15 can be hired with written parental consent, and the director, the so-called director, must permit the hiring of a child under 12. But under the new rules in this bill, there are different criteria for light work, for hazardous work and all other non-prescribed work. Non-prescribed means those jobs that are not listed in the examples that are given.

The definition of “light work” and “hazardous” work, of course, has been left to regulation. Therein lies, I think, some of the concerns of the member for Chilliwack, which I share. We hope — and I expect, and I’m sure the minister will do this — that during committee stage, he’ll flesh out some of the examples of what he’s thinking in terms of what this means. That will give the public a sense of comfort that the directions he’s proposing are, indeed, common sense and not more draconian, as some people might assume it’s going.

Under the new rules, as I mentioned, there are different definitions of light work and hazardous work. The act raises the age that a child may work with the director’s permission from 12 to 14. Children aged 14 to 15 will be able to perform light work — which will also be defined, as I mentioned, through regulation — with the written consent of their parents.

Children aged 14 to 15 will be able to perform other non-hazardous work only with the director’s permission, and children under 16 now will be prohibited from being hired in a hazardous industry or for hazardous work. Children aged 16 to 19, who have not attained a prescribed age in respect to a specific hazardous work, will also not be able to work in those industries.

Hazardous industries and hazardous work will be defined, as I mentioned, through regulation, and they’re likely to be harmful to the health, safety or morals of a person under 16.

In theory, this is eminently sensible. I think I heard that from the member for Chilliwack, and I heard the intent from the minister. The danger, of course, is that given the fact that we have not seen the regulations, there are examples that one could conjure up that are somewhat troubling.

My first job was, indeed, at the age of about 13, cutting lawns. I was actually quite a big guy when I was 13. I grew fast. I was the big kid in the class. For me, pushing a lawn mower around would have been like a 17-year-old. I didn’t grow much from about 13 to about 18, but I was very large at the age of 13.

I know many people have done…. I would hope that lawn mowing would be considered something that we might open up. Because for many, doing some light gardening work or helping out their aging neighbours, which I did as a child too…. You often don’t even do it for work. You do it just because you’re helping out your neighbour, who happens to be a senior, who’s not got the same physical abilities that they used to have. You go and cut their lawn, maybe, and maybe you do some grocery shopping for them or maybe you fix something or even change a lightbulb. These are things that you may not get paid for. You may even get paid, but you may not have asked for pay.

Again, I hope, in the committee stage, we get a fleshing out of the minister’s intention. I feel quite confident…. I’m not worried too much that we’re going to be too draconian here. But that will give him the opportunity to clarify this.

Our current rules don’t actually comply with the International Labour Organization’s standards. In fact, the ILO, as it’s known, sets international standards for minimum age of employment at 16, except for light work. Canada ratified the convention in 2016.

Hon. Speaker, I believe the House Leader for the government needs to make a brief interjection, so I move adjournment of the debate, and I’ll reserve my right to continue in a few moments once we proceed further.

A. Weaver moved adjournment of debate.

Motion approved.

Reporting of Bills

BILL 7 — BUSINESS PRACTICES AND CONSUMER PROTECTION AMENDMENT ACT, 2019

Bill 7, Business Practices and Consumer Protection Amendment Act, 2019, reported complete with amendment, to be considered at the next sitting of the House after today.

Hon. M. Farnworth: I call committee stage Bill 27, and in this House, I call continued debate on Bill 8. I thank the member for his indulgence.

Second Reading of Bills

BILL 8 — EMPLOYMENT STANDARDS  AMENDMENT ACT, 2019

A. Weaver: I’ll continue. I was talking about the International Labour Organization standards and the fact that the minimum age of employment was 16, except for light work, according to their standards, which Canada ratified in 2016. We are signatories of this. However, we’re not in line with ILO standards. So the legislation is bringing British Columbia in line with ILO standards. Frankly, B.C. is the least restrictive jurisdiction in Canada with respect to child employment, possibly with the exception of Yukon. I’m not sure. But it seems that we may be behind Yukon.

Anyway, disability claims. The statistics show that over $1 million was paid out in job-related claims for workers aged 14 and under between 2007 and 2016. Think about that. Over $1 million paid out in job-related disability claims by workers age 14 and under. In fact, every year between 2005 and 2016, workers aged 14 and less have been injured seriously enough on the job to qualify for a long-term disability pension. Imagine that. Thirteen years old, doing some hazardous work that you probably shouldn’t have be doing, and you get injured. Now you’re on long-term disability and a pension for the rest of your life.

I would suggest that this legislation is designed specifically to ensure that these children are not working in such positions so that we’re not actually having to deal with disability pensions being offered to 13 year olds. There will always be freak examples. Hopefully, we’ll actually take this to the same level as the rest Canada and meet the ILO standards, internationally, that Canada is a signatory to.

If we continue on then, in our view, it’s important that the policy work to define the types of work children may do is undertaken carefully. That’s as raised by the member for Chilliwack. We’ve heard, as the member for Chilliwack has also heard, from people who are worried that the changes to child employment will actually prohibit their children from doing the jobs they’re already doing, like working at their corner store or, perhaps, McDonald’s. One of my first jobs, I was working at an equivalent in England. It was like a McDonald’s. Beefeater it was called.

Again, is flipping at the grill considered hazardous work, or is it not considered hazardous work? The grill is hot. If you put your arm on it, you can get third-degree burns. However, I would suggest that we need to flesh this out a little more to get an idea of what the minister’s thinking.

You know, these sorts of jobs are quite important for young people to get experience and financial independence. For me, it was the ability to actually have some spending money to do things that I wanted to do with my friends. I think it’s good training for youth and young teenagers to actually have a paper route, for example. Is that considered hazardous? I suspect not, but we’d need to get some clarification as we move forward.

We’ll explore this committee stage. Well, I’m hoping I’ll be able to explore this committee stage. It’s quite difficult in light of the fact that, as I’m speaking here today, I’m supposed to be in three places. The civil forfeiture bill, which we we’re discussing…. Clearly, I couldn’t participate in committee stage. Also, estimates for the Ministry of Energy and Mines is happening now, and I can’t participate there. So we’ll try to participate in committee stage, but unless I clone myself two other ways, it’s going to be difficult if it’s happening at the same time.

A second aspect of this bill that we support is the job-protected leaves for critical illness and domestic violence. It’s in section 18. It creates unpaid critical illness or injury leave. This is important because it grants leave for up to 36 weeks to care for a critically ill child under 19 and up to 16 weeks to care for a critically ill adult family member. This is important. I have a personal story that I’ll come to. It also expands the definition of immediate family to include a parent or child of the employee’s spouse. It requires a certificate from a nurse practitioner or medical practitioner to actually do this.

In my case, twice I’ve had to deal with this. In both times, our children were born. My wife, sadly, spent an awful long time in hospital after both of these — one month, in fact, in hospital after the first one and similarly with the second one. The chair of my department where I was working was very open-minded. He recognized — and he didn’t have to — that with a brand-new baby at home and a wife in critical condition in the hospital, this is not exactly the type of time that you want to be demanding 9-to-5 working. I was given, because of the grace of my employer, the time off to actually look after a newborn.

But that was because my direct employer, my direct person that I reported to, was a good person. He, basically, talked with my colleagues, and people juggled the situation around to cover my teaching and to cover my other stuff so that I could be with the family. It was simply not an option for my spouse, who was in hospital, to care for a brand-new child. Let me tell you, I can redefine that the definition of stress is when you have a new child and your wife is very ill in hospital.

So I’m all for this — 100 percent. At the time, of course, I could have done the same thing with parental…. Well, actually, there was no parental leave. I wouldn’t be able to take that, because back in the day, there was no parental leave for fathers. That’s also new legislation that’s been brought in. We’re modernizing, and we’re doing it here. These kinds of changes are bringing us into the 21st century, and it behooves us to support them and celebrate the successes that we have.

To give more information here, this change that we’re doing is actually important, because it’s aligning British Columbia with the EI benefits that were introduced in December 2017 by the federal government. It provides financial support there to those caring for a critically ill child or adult family member. We’re coming into step with the federal legislation. The change, here in B.C., ensures that workers are able to take advantage of EI without the risk of losing their jobs. Of course, I think most people in this House would support that.

Section 19 of the bill adds some important changes to create leave in the case of domestic violence — physical, sexual, psychological or emotional abuse by an intimate partner or by a family member. In this case, it’s going to be up to ten days of intermittent continuous leave and up to 15 weeks of continuous unpaid leave.

I note that the House Leader of the government has once again entered, and I suspect that he’s wishing to move forward one of the committee stages. I would like to move adjournment of the debate for the second time and reserve my right to continue forward in the debate when it is next called.

A. Weaver moved adjournment of debate.

Motion approved.

Report and Third Reading of Bills

BILL 27 — TICKET SALES ACT

Bill 27, Ticket Sales Act, reported complete without amendment, read a third time and passed.

Hon. M. Farnworth: Again, I thank the member for his indulgence. I am pretty sure that this will be the last time his speech gets interrupted. I thank you for that.

With that, I call, in this chamber, continued second reading debate on Bill 8. In Section A, the Douglas Fir Room, I call the estimates for the Ministry of Health.

Second Reading of Bills

BILL 8 — EMPLOYMENT STANDARDS AMENDMENT ACT, 2019

A. Weaver: I’m delighted to rise and continue, but let me say that I’m thrilled to have taken my place to allow Bill 27 to move and be enacted. Bill 27, of course, is the Ticket Sales Act. The only thing I’m troubled by is that I wish we’d done that two months ago, because I recently acquired two tickets to Paul McCartney in Vancouver. I had to pay far too much money for those tickets, because I got them on a resale site. Had this bill passed two months ago, my Paul McCartney tickets — he’s coming to Vancouver in June or July; I can’t remember — would have been an awful lot cheaper than I had to pay. But you don’t get to see Paul McCartney very often in your life, and I figure this is a once-in-a-lifetime event, so we forked out the dough. We may live to regret it, but hopefully not. Anyways, thank you for passing this bill.

I continue on with section 19 in the Employment Standards Amendment Act that we’re discussing. This was the section that created leave for domestic violence, for physical, sexual or psychological or emotional abuse by an intimate partner or by a family member. I mentioned that it created up to ten days of intermittent or continuous leave and up to 15 weeks of continuous unpaid leave. I also was about to say, and now I can complete this section, that it clarifies that a child who is an employee or eligible person is also deemed to have experienced domestic violence if they are directly or indirectly exposed to domestic violence experienced by an intimate partner or family member of the child.

This requires the employee to request leave for specific purposes, including medical attention, victim services, counselling, relocation, law enforcement or prescribed purposes. Such prescribed purposes come forward in regulations. The bill requires the employee, if requested by the employer, to provide reasonable sufficient proof that they’re entitled to the leave.

This mirrors a private member’s bill that I brought in, which is on the papers, where we were attempting to provide an ability for people to break a lease if they were subject to domestic violence. In this spirit, obviously, I and my colleagues support this.

To give some background, the Parliamentary Secretary on Gender Equity, who cannot be here now, because I understand…. I shouldn’t be commenting on this, but she’s in another committee, just like me, and you can’t be in two places at once. With that said, she recommended the domestic violence leave but recommended that it be a mix of paid and unpaid leave.

The B.C. federation also advocated for paid domestic violence leave. The B.C. Law Institute, which the minister referred to, did not recommend further changes to leave entitlements and didn’t explore this type of leave specifically, although, as pointed out by the member from Chilliwack, both Manitoba and Ontario have enacted similar leaves. In Manitoba, it was 2016, and in Ontario, it was 2018. But in both of those cases, they provided five days of paid leave in a 52-week period.

Unpaid leave is a good start. It’s important to ensure victims of violence have job security — that’s the critical aspect of this — and are able to take the time they need to address medical, psychological, legal and other issues. But the leave should be paid, frankly, I would argue. It’s unlikely that many people could afford 15 weeks unpaid leave from their work. I’m hoping that as we move forward and as we start to improve this benefit, it expands to protect people for longer periods.

The requirement on the employee to provide sufficient proof of their entitlement raises some questions about privacy. If I’m able to be here, I will be exploring that a little more at committee stage, although the member from Chilliwack seems to be following similar lines of questioning.

Also, we want to ensure and explore why this leave is only granted to survivors of sexual assault in an intimate relationship and why those who are assaulted outside of an intimate relationship are not receiving similar protections. An example I could imagine, of course, is the case of somebody living in the same building as you. It may not be intimate, but it may be a situation whereby you have somebody in your apartment building, and there has been a sexual assault from somebody in the building. There may be issues there that need to be dealt with as well.

Changes to the employment standards branch. This is coming under section 25. These changes are how the director must deal with complaints under the act that are brought to his or her attention. It requires directors to review all complaints as long as they are made within the required time period. Previously, the director could refuse to accept to review complaints if they didn’t meet certain criteria. Now they must review these complaints, but may cease to continue forth with the review if they meet the criteria — i.e., if it’s decided that the complaint is frivolous or if there isn’t enough evidence.

This bill then removes the requirement that employees use a self-help kit. That was quite prohibitive to many people — this so-called self-help kit — and before they were able to access the branch for complaints.

Why this is important, and why it’s sensible to make these changes to improve fairness in the complaints resolution process, is that the complaints noticeably declined with the introduction of the self-help kit. In fact, in its 2003 employment standard changes, the previous government required workers to use this self-help kit and present it to their employer before they could submit a formal complaint to the employment branch.

Imagine. If you believe you haven’t been paid for something, and you want to go to the employment standards branch, you have to go through the self-help kit. Then you have to take your complaint to the employer first. At that stage, you have to sit face-to-face with the employer and hash it out a bit before you can even take it to the employment standards branch. Clearly, the data will show that this was prohibitive to actually moving forward in many cases.

This change proposed by government was a unanimous recommendation by the B.C. Law Institute. They did not like the self-help kit, and they did not believe it should be a prerequisite to accessing the branch. In fact, in the consultation paper they wrote, they stated this: “A marked and suspicious decline in the number of complaints filed” was noticed after the introduction of the mandatory self-help kit.

The data they provide is that complaints declined from 11,311 in 1999-2000 to 4,839 in 2003 to 2004. What’s the difference there between 1999 and 2000 and 2003 to ’04? Of course, the 1990s — the so-called dreaded 1990s that we heard, for so years many, about — was a previous NDP government. In 2003, we’re in the 16-year period that we’ve also heard a lot about. The government changed, the act changed, and the number of complaints declined from 11,311 to 4,839. That’s not because employers were suddenly not having complaints. That’s a direct consequence of the introduction of the self-help kit, which, for many, was prohibitive.

The B.C. Law Institute found that cases of employees being dismissed after presenting the self-help kit to their employer were rather troubling. You fill out this self-help kit, you take it to your employer, and you’re summarily dismissed. And then you have to go through the process to continue to fight. For many people, it’s just too much. The B.C. Law Institute also found the mandatory self-help kit to be a barrier, as I mentioned, to accessing the employment standards branch.

Moving to the wage recovery and rules for gratuities. These are other changes in the act. The bill makes a number of changes in this regard. It expands the wage recovery period from 6 months to 12 months and creates a director and liability officer for wages in bankruptcy and insolvency situations. It’s in section 15 that the rules respecting gratuities are set out. What they’re doing here — and again, this is an important change — is prohibiting employers from withholding gratuities, making deductions or sharing in a gratuity pool, and sets rules around redistributing gratuities.

We all know examples of people who have worked in restaurants or bars where the employer collects the tips on behalf of everyone and redistributes them in a fair manner to ensure that people like the cooks, the bus people, the hostess or hosts, the bartenders, everybody, has equal access. Because in a restaurant, you rise and fall collectively. The success of the restaurant is based on everybody, not just one. So it’s not uncommon to pool tips, in a fashion, and redistribute, but it’s also not uncommon for certain employers to believe they have a share in that tip process. This bill is saying: “No. Not unless you’re participating.”

If the owner of the bar is actually the bartender, sure. You can participate, under this legislation, in the tip sharing and tip pools. But if the owner is sitting at home in Vancouver while the bar is in Victoria, no, you can’t. It’s obviously not happening everywhere, but it cracks down on any specific examples in this case. It also provides that the employer may share in gratuities, as I mentioned, if they regularly perform, to a substantial degree which will need to be defined, the same work performed by the employees.

There are a number of other changes. These are more minor, in general. Section 3 of the bill sets the Employment Standards Act as the floor for collective bargaining. It provides that collective agreements replace the act only if their provisions meet or exceed the provisions of the Employment Standards Act. Now, this is fine. It only applies to collective agreements now once they are renewed. It doesn’t go back and supersede existing agreements. But after they’re renewed, and once this section comes into force, then it will apply moving forward. Under this change, if the provisions of an agreement do not meet or exceed the act, then the act prevails.

The B.C. Business Council, in this case, has raised some concerns, noting that this is the only change that they have some significant troubles with. The reason why is not so much what’s in the act now. It’s about what’s enabled through regulatory power or what may come down in the future.

Right now the Employment Standards Act, providing the floor, is a provision that existed under the NDP in 1994. It was one of these pendulum-swing things that was eliminated when the B.C. Liberals came in 2002 — from one extreme to the other. What Jock Finlayson noted in his analysis of this was that he was concerned that if government makes major changes to the act in the future — such as to hours or coffee breaks or overtime changes — this will have a significant impact on collective agreements.

I concur with him, but I would suggest that as it stands now, the bill before us does not go that far, so as it stands right now, I’m less troubled, and I would continue to mirror and watch, moving forward, what changes government is proposing. But certainly the bill as written now is not leading to a situation that I think is overly concerning. Those might be famous last words. We’ll see where government plans to take this in the months ahead. The provision we will look at very carefully, as I noted, and will be watching for future changes in this act to ensure that this doesn’t occur.

Section 5 in the act is going to require employers to make information about employees’ rights available to employees — perfectly reasonable. Employees should know what their rights are, and now employers are required to let them know. Section 9 of the act requires that operators of temporary help agencies must be licensed. That, too, is important because we want to ensure that fly-by-night operations are not operating without the proper regulatory oversight. The B.C. Employment Standards Coalition and the Canadian Centre for Policy Alternatives called for this change, arguing that employees of these agencies are often in particularly vulnerable and precarious work situations.

In conclusion, in my view, all of the changes in this bill are common sense. They’re important. They’re needed. They incorporate recommendations from the B.C. Law Institute, which undertook a consultation on updating the act and issued a final report. It also takes into account recommendations from the B.C. Employment Standards Coalition, the B.C. Federation of Labour and feedback from workers, employers and the public at large.

The upcoming months will require government to engage in a thorough consultation process to establish clear, fair and balanced regulations that businesses can follow and to give parents of teenagers clarity about what work they will be able to do in the future. That is the single most important thing missing from the bill itself now. It’s the clarity that parents of teenagers want in terms of what is considered light work versus hazardous work. We look forward to that being expanded upon in committee stage.

The ministry has indicated that it’s planning to do a more comprehensive review of employment standards and introduce more transformative legislation later in their term. We’re looking forward to see where government is planning to go with this. I’ve received a number of questions from people about this bill and particularly, issues that are missing from the bill — for example….

I’ll just note quickly here, hon. Speaker — I believe I will finish before the light goes on — that I am designated and only speaker. If I go 30 seconds over, I’m designated speaker on this.

The example I wanted to give was the Supreme Court of Canada rule in 2016 that federally regulated employers cannot terminate employees without cause. Why hasn’t this legislation created any improved protection for workers who are fired without cause in British Columbia? Why aren’t we updating our legislation to reflect the Supreme Court of Canada ruling? These are questions that we have that might be addressed in future amendments to this act. I hope government will consider that such amendment as they move forward.

It’s extremely important that we start in earnest and to do the work earnestly to modernize our laws, to better support workers as they are forced to adapt to the changing nature of work and the growth of the gig economy. Our laws need to be responsive to the changing world of work and what people are dealing with. How are we supporting people as they deal with the most precarious of work? How should the laws be updated to deal with the increasing use of independent contractors?

One of the cases we’ve heard is Uber, which has used independent contractors as drivers. Are they employees or not? What are the laws, and how should we update these? Or should we update these? These are questions that are missing in the debate, and hopefully, as we move forward, an extensive analysis of our labour codes will start to reflect upon the changing nature of work and, in fact, the growth of the gig economy.

Another example is how can we be supportive of innovative business models and support emerging business realities, ensuring we retain our business competitiveness in the 21st century? But at the same time, how do we protect against the erosion of rights and the deepening of inequality as this shift happens?

There’s no doubt that the growing inequality between those who have and those who don’t have is troubling. It’s troubling in that we know that in human history, each and every example of such growing inequality continuing unbounded has led to the collapse of that society. I would suggest that it’s much more prudent for us to recognize that fairness and equality are important values and attributes that we want to ensure follow through in our employment standards and labour code.

So these questions and others need to be grappled with carefully as government considers further changes to the act, and we look forward to the committee stage and participating in that in the days ahead.