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BC employers may soon face faster investigations, mandatory deposits on appeal, and changes to procedural steps at the Employment Standards Branch (the “Branch”).
On March 4, 2026, Bill 10, the Labour Statutes Amendment Act, 2026 (“Bill 10”), was introduced in the Legislative Assembly of British Columbia. This new legislation proposes amendments to both the Employment Standards Act and the Temporary Foreign Worker Protection Act. On March 10, 2026, Bill 10 passed the Second Reading and moved to the Committee Stage.
In a press release, the BC Ministry of Labour conveyed that the legislative amendments proposed by Bill 10 will improve the complaint and dispute resolution process at the Branch, to increase opportunities for early dispute resolution and to make wage recovery for workers more efficient. The amendments are also intended to improve clarity and maintain fairness in investigations for both employers and workers.
The key proposed legislative amendments include the following.
Appeal Deposit
Employers who wish to appeal a determination made under the Employment Standards Act or the Temporary Foreign Worker Protection Act, in certain circumstances, will be required to deposit either the full amount owing under the determination or a lesser amount that the Employment Standards Tribunal considers adequate in the circumstances. This deposit will be required to be paid within the appeal period for the appeal to proceed.
Written Investigation Report Will No Longer Be Required
The Director of Employment Standards (the “Director”) will have discretion to decide when a written investigation report is required before a determination is made under the Employment Standards Act. Currently, the Director must prepare a written investigation report before making a determination in a complaint under the Employment Standards Act.
Required Complaint Resolution Meetings
The Director will have the ability to require parties to engage in complaint resolution meetings for complaints under the Employment Standards Act before proceeding to a full investigation. The Director will also be able to specify the manner in which the parties must participate in the complaint resolution process. Evidence, submissions or other information provided to the Director by a party during the complaint resolution process may be considered by the Director when making a determination and will form part of the appeal record.
Closing Complaints
The proposed legislative amendments clarify the Director’s ability to close a complaint made under the Employment Standards Act in circumstances when the complaint has been resolved by way of a settlement, by way of payment to the complainant of unpaid wages claimed by the complainant, or in any other manner the Director considers to be satisfactory.
Returning Unclaimed Money
The Branch will be able to more quickly transfer unclaimed wages to workers entitled to them through Unclaimed BC, the provincial body responsible for holding and returning unclaimed funds. Currently, wages may only be transferred to Unclaimed BC if the Director cannot locate the employee within one year of receiving the wages. The proposed legislation would remove this one year waiting period and allow the Director to transfer wages when the employee cannot be located.
Key Takeaways
If Bill 10 becomes law, we expect to see complaints at the Branch moving more expeditiously. Employers who wish to appeal determinations under the Employment Standards Act or the Temporary Foreign Worker Protection Act will need to be prepared to pay the amount of the determination as a deposit quickly in order to file their appeal.
As noted above, Bill 10is not yet law. If you have any questions about this proposed legislation, please contact a member of the Labour and Employment Team.
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