B.C. announces upcoming legislation to provide employment standards for gig workers

The B.C. Government introduced legislation November 20, 2023, to extend minimum employment standards to gig workers. Government introduced the Labour Statute Amendment Act, 2023 (to amend the Employment Standards Act, Temporary Foreign Worker Protection Act and Workers Compensation Act) which will provide certain benefits to “online platform workers” (as defined in the legislation).

In the backgrounder to the Minister of Labour’s announcement, government specifies this will include a minimum wage to be set at 120% of the province’s minimum wage which would apply to “engaged time.” Engaged time will not include time spent waiting between assignments which is the rationale for the 20% premium. Tips will not be included in that calculation.

Government will also create a compensation standard to recognize the costs that workers incur when using a personal vehicle for work in consultation with workers, platform companies, and others.  The amendments will also prohibit withholding tips or making deductions from tips.  The legislation will provide both pay and destination transparency.  There will be new standards for the suspension, deactivation, and termination of gig workers. Workers’ compensation coverage will be extended to ride-hailing and food-delivery workers.

Government will not legislate but will continue to monitor issues including hours of work and overtime, statutory holidays, paid leaves, and annual vacation.