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2.2 Human Resource Legislation and Regulations

Site: RRU Open Educational Resources
Course: The Leadership Essentials of Governance, Finance, and Human Resources
Book: 2.2 Human Resource Legislation and Regulations
Printed by: Guest user
Date: Sunday, 11 May 2025, 6:36 PM

Table of contents

Employment Standards

In British Columbia (BC), employment standards and legislation are governed by the Employment Standards Act (ESA), which sets the minimum requirements for working conditions and employee rights in the province of BC. This includes requirements for wages, hours of work, overtime pay, statutory holidays, vacation time, termination notice, and leaves of absence, such as parental or medical leave. 

Employers must adhere to these regulations to ensure fair treatment of staff and compliance with legislation. 

Watch this video by the BC Government outlining the top 10 things BC employers should know about the BC Employment Standards Act:



Note. BC Government (2022). The top 10 things BC employers should know about the BC Employment Standard Act. [YouTube]. CC-BY

There are many resources for employers and employees to understand the legislation and regulations around employment. If there are disputes between an employer and an employee, it may be taken to the Employment Standards branch or Labour Relations Board. 

Employment Standards Branch administers the Employment Standards Act.

The BC Labour Relations Board mediates and adjudicates over any employment and labour relations matters, and the Employment Standards Tribunal is the place that hears any appeals on decisions made with regards to the Employment Standards Act.

References

BC Government (2022). The top 10 things BC employers should know about the BC Employment Standard Act. [YouTube]. CC-BY

Government of British Columbia. (n.d.). Employment standards. https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards

Labour Relations Board of British Columbia. (n.d.). Labour Relations Board of British Columbia. https://www.lrb.bc.ca


WorkSafeBC

Ensuring work environments are safe supports staff and children. Consider how your environment supports safe environment for everyone in it.

On-the-floor managers should also be trained in safety and work safe policies as they will work alongside staff daily. As an administrator, you are responsible for training, monitoring and reporting on basic work safety. 

Additionally, the WorkSafeBC regulations provide guidelines for workplace safety, ensuring that employers maintain a safe and healthy environment for their employees. Worksafe works with any employees who have experienced a work-related injury or disease. The Workers Compensation Act guides the process. 

WorksafeBC supports employees with rehabilitation, compensation, health care benefits and other services until they are able to return to work (WorkSafeBC). All employers are legally required to have WorkSafeBC coverage, unless they are exempt (WorkSafeBC). Employment standards emphasize the importance of protecting workers' rights while promoting ethical and equitable workplace practices. Understanding these regulations is crucial to creating safe working environments. There are reporting and fees required to be in compliance with WorkSafeBC. To understand what your obligations are to WorkSafeBC, ensure you read about employers' responsibilities. 

The Workers’ Compensation Appeal Tribunal hears appeals regarding decisions made by WorkSafeBC. The Employers' Advisers Office advises and assists employers regarding workplace safety. 

WorkSafe BC has a 7-hour training course for supervisors on safety! If it interests you, or you are interested in your staff taking the training, it can be found here: Supervising for Safety - Online course for supervisors (Optional).

References

Government of British Columbia. (2025, January 23). Employers' Advisers Office. https://www2.gov.bc.ca/gov/content/employment-business/employers/employers-advisers-office

Workers’ Compensation Act. (2024). Learn about employers' responsibilities. https://www.worksafebc.com

Workers’ Compensation Appeal Tribunal of British Columbia. (n.d.). Workers’ Compensation Appeal Tribunal. https://www.wcat.bc.ca


Human Rights

“Employers and others have a duty not to discriminate regarding employment. This includes a duty to take all reasonable steps to avoid a negative effect based on a ground of discrimination. This is called the duty to accommodate” (BC Human Rights Tribunal)

As an employer, it is important to understand the Human Rights Act and Code. 

The Canadian Human Rights Act is legislation that “prohibits discrimination on the basis of gender, race, ethnicity and other grounds” (Government of Canada, year). 

Do deal with issues of human rights in federally overseen businesses and programs, Canada has the Canadian Human Rights Tribunal. They are responsible for resolving some discrimination complaints and disputes about employment equity, pay equity and accessibility in a fair, independent way (Canada Human Rights Tribunal). For more information about Canadian legislation in regards to human rights, visit  Rights in the workplace - Canada.ca

In B.C. human rights complaints specific to British Columbia are heard through the B.C. Human Rights Tribunal. For more information on human rights, and the responsibilities and duties of employer, visit the Human rights and duties in employment - BC Human Rights Tribunal for more information. Before doing any type of Human Resource work within your centre, this information is important. 

Reference

British Columbia Human Rights Tribunal. (n.d.). Human rights duties in employment. https://www.bchrt.bc.ca/human-rights-duties/employment.htm

Activity 2.2 | Case Scenario

Hiring

You are newly in the role of an Administrator of a childcare centre, and you need to hire new staff and need to advertise in a few job banks.

Step One
Visit Employment advertisements and discrimination - BC Human Rights Tribunal.

Step Two
Reflect on these prompts:

  1. What are some things you need to consider when writing an employment advertisement for an employee? List them. 
  2. After you have advertised, and selected people to hire, what are some things you need to make sure you are not discriminating against when hiring? 

Example: You have two people who are equally qualified for the position, with very similar education, certification and job experience. You think they would fit nicely with the team and are excited to hire one of them! 

After the interview, a superior staff member commented that you should not hire one of the people as they are a single parent. 

  • How might you approach them and share with them that you cannot discriminate against a prospective employee based on their family status? 
Step Three
Write your considerations in your journal.