Bill Amending Employment Related Statutes Passes Third Reading

Bill 13, the Labour and Citizens’ Services Statutes Amendment Act, 2008 passed Third Reading on April 7, 2008. The Bill amends the BC Freedom of Information and Protection of Privacy Act (FOIPPA), the Employment Standards Act, the Labour Relations Code, and makes other consequential amendments.

Amendments to the FOIPPA:

• Clarify the time period for transferring a request to another public body
• Require employees, officers, directors and service providers to notify a head of the public body when they become aware of an unauthorized disclosure of personal information.
• Grant the Commissioner additional powers to streamline processes and resolve disputes, including allowing for the enforcement of the commissioner’s orders as orders of the Supreme Court of British Columbia.
• Permit the Commissioner to require that a person attempt to resolve issues directly with a public body prior to commencing or continuing an investigation.
• Permit a school board or the francophone education authority to disclose personal information to museums and archives for archival or historical purposes.
• Protect the Commissioner and his staff from being compelled to testify about information they receive in the course of their duties. This protection does not apply in certain prescribed circumstances, including judicial review or the prosecution of an offence under FOIPPA.

Amendments to the Employment Standards Act:

• Authorize the Director to suspend or cancel a farm labour contractor’s license for safety violations. Contractors will face suspension or loss of their operating license for significant violations of WorkSafeBC or Motor Vehicle Actregulations.
• Impose an administrative fee on farm labour contractors if the contractor’s vehicle is removed from service for being unsafe and alternate transportation is provided by the government.
• Prohibit anyone from hiring unlicensed farm labour contractors.

Amendments to the Labour Relations Code:

Require the Labour Relations Board to make decisions on complaints or applications within specific time periods established by regulation. Extensions to the time periods are permitted only in accordance with the regulation or in exceptional circumstances.

Certain provisions of Bill 13 will come into effect on receiving Royal Assent, others on the passing of regulations by Government.

(Click here for link to Bill 13)