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VOL. 77 PART 2 MARCH 2019
Among the more significant recommendations in the report is the call for
annually limited, unpaid statutory sick leave. B.C. and Nunavut are the only
Canadian jurisdictions now lacking some form of statutory sick leave as a
minimum standard. As in several other provinces, sick leave would be combined
with the equivalent of family responsibility leave under a single provision.
This would allow the same allotment of leave days to be drawn upon in
a calendar year for the purpose of dealing either with the employee’s own illness
or a serious family care need, depending on which contingency arises.
A number of recommendations in the report relate to the complaint and
enforcement process under the Act. In particular, the report urges that use
of the controversial “self-help kit”, which forces employees to confront their
employers about alleged contraventions of the Act before the Ministry of
Labour will consider a complaint, should no longer be mandatory for any
worker. The report also recommends that discretion over the imposition of
administrative penalties be restored in the case of unintentional contraventions,
although not all committee members were in favour of relaxing the
scheme of mandatory penalties.
The report addresses the demand for increased flexibility in working
arrangements by both employers and workers in several ways, including
explicit recognition of compressed work weeks as alternatives to the standard
eight-hour day, five-day week pattern; a new framework for hours of
work averaging; and validation of informal agreements to make up time
taken off. It also contains recommendations aimed at treating part-time
employees more equitably, given that they represent a growing segment of
The recommendations were crafted through intense dialogue between
champions of both employers and employees. Not surprisingly, agreement
was not reached on all important issues. In many cases, however, it was.
The Report on the Employment Standards Act reflects a rare degree of consensus
between these usually polarized camps.
REPORT ON GOVERNANCE ISSUES FOR STRATAS
In January 2019 BCLI published the Report on Governance Issues for Stratas.
This report is the culmination of the Strata Property Law (Phase Two) Project
Committee’s work on the wide-ranging and high-profile subject of strata
corporation governance. It reflects discussions held at 23 committee meetings
and the results of a three-month public consultation, which received
The report contains 81 recommendations for reform of the Strata Property
Act, the Strata Property Regulation and the Schedule of Standard Bylaws.