224 THE ADVOCATE
VOL. 77 PART 2 MARCH 2019
Four pieces of BCLI and CCEL work have recently been released. In late
2018 BCLI and CCEL prepared for the release of three final reports and a
consultation. The Report on the Employment Standards Act was considered
and approved by the board in December 2018. The board also approved the
Consultation Paper on Common Property, Land Titles, and Fundamental
Changes for Stratas, the fifth and final topic in the Strata Property Law
Two additional final reports will be considered by the board for release
in early 2019. They are the Report on Governance Issues for Stratas, and Conversations
about Care: The Law and Practice of Health Care Consent for People
Living with Dementia in British Columbia.
This article highlights recommendations contained in the Report on the
Employment Standards Act and the Report on Governance Issues for Stratas.
REPORT ON THE EMPLOYMENT STANDARDS ACT
In December 2018 BCLI brought a major law reform project to a close with
the publication of the Report on the Employment Standards Act. BCLI began
the Employment Standards Act Reform Project in response to urgings from
the employment law bar. On both sides of the business/labour divide, portions
of the Employment Standards Act were considered out of step with
large-scale changes in the working world. Employment standards in B.C.
had not undergone an independent review in the 20 years since the Thompson
Commission examined an earlier statute.
The project enjoyed widespread support from labour and business organizations,
the Law Foundation of BC and the Ministry of Labour. The project
committee chaired by Tom F. Beasley was composed of volunteers with
expertise relating to the Act and its administration, representing balanced
representation of employee and employer viewpoints.
BCLI issued a consultation paper on reform of the Act in mid-2018. Analysis
of the prolific response it generated is reflected in the contents of the
The report contains 71 recommendations covering almost all aspects of
the Act. They are intended to address paradigm shifts in the 21st-century
workplace influenced by digitization, globalization, the increasing prevalence
of part-time and temporary employment, and the growth of non-
standard working arrangements. They also address problems that have
existed under the present Act for some time, such as out-of-date rules on
how employees receive vacation pay. There are also recommendations
dealing with especially vulnerable categories of employees such as children,
domestic workers and unskilled farm workers.