Employment Standards Regulation - B.C. Reg. 396/95, as amended by the Labour Status Amendment Act 2023 and B.C. Order in Council No. 340/2024

Section 45.32. 1. If the employer of a delivery services worker or ride-hail services worker intends to temporarily remove the worker's ability to accept platform work offers, the employer must give written notice to the worker that meets the following requirements: 

(a) the notice must be given at least 72 hours prior to removing the worker's ability to accept platform work offers, unless the employer, acting reasonably, determines that any of the following apply: (i) the worker has engaged in serious misconduct; (ii) the worker's continued use of the online platform would pose an immediate risk to the health or safety of any person; (iii) immediate removal is required in order for the employer or worker to comply with (A) any applicable law, or (B) an order made by a law enforcement authority; 

(b) the notice must specify the reasons for the removal; 

(c) the notice must inform the worker of any process, including applicable time periods, under which the worker may do one or both of the following: (i) respond to the notice; (ii) ask the employer to reconsider the employer's decision to remove the worker's ability to accept platform work offers. 

2. If the ability of a delivery services worker or ride-hail services worker to accept platform work offers is temporarily removed, the employer must restore that ability by no later than 14 days after the removal takes effect unless the employer, acting reasonably, determines that a longer period of time is necessary (a) in order to comply with (i) any applicable law, or (ii) an order made by a law enforcement authority, or (b) because the worker has not complied with a request made by the employer for information in relation to the reasons or the removal. 

3. If an employer determines under subsection (2) that a longer period of time is necessary, the employer must restore the worker's ability to accept platform work offers as soon as reasonably possible following the removal of that ability. 

Section 45.33. 1. If the employer of a delivery services worker or ride-hail services worker permanently removes the worker's access to an online platform, the employer must give written reasons for the removal to the worker. 

2. Written reasons under subsection (1) must be given to the delivery services worker or ride-hail services worker (a) at the same time the worker is given written notice under section 63 (3) of the Act, if applicable, or (b) as soon as practicable, in all other cases.

Section 18.2. 1. The minimum hourly wage for a delivery services worker or ride-hail services worker is $20.88. 

2. The minimum hourly wage under subsection (1) applies only to engaged time. 

3. For the purpose of applying subsections (1) and (2) to a delivery services worker or ride-hail services worker, the employer of the worker must pay to the worker any shortfall that arises if the worker's total online work earnings in a pay period are less than the minimum hourly wage multiplied by the number of hours of engaged time for that pay period.

4. For the purposes of the adjustment under section 16.2 (3) [annual adjustment of minimum wage] of the Act of the minimum wage described in subsection (1) of this section, the minimum wage is adjusted every year on June 1, beginning on June 1, 2025.

Section 45.28. 1. The employer of a delivery services may require the worker to pay for the cost of using any mode of transportation, other than travelling on foot, for the purpose of platform work assignments. 

2. The employer of a ride-hail services may require the worker to pay for the cost of operating a motor vehicle for the purpose of platform work assignments.

Section 45.29. 1. If a delivery services worker uses any form of transportation, other than travelling on foot, to carry out a platform work assignment, the employer of the worker must, in accordance with subsection (3), pay to the worker a distance expense allowance of at least $0.35 for each kilometre travelled during engaged time. 

2. If a ride-hail services worker operates a motor vehicle to carry out a platform work assignment, the employer of the worker must, in accordance with subsection (3), pay to the worker a distance expense allowance of at least $0.45 for each kilometre travelled during engaged time. 

3. At least semi-monthly and within 8 days after the end of each pay period, the employer must pay to the delivery services worker or ride-hail services worker, as applicable, the aggregate amount of all distance expense allowances payable to the worker under this section. 

Section 45.30. 1. A platform work offer must specify at least the following information: (…) (c) an estimate of the amount that will be payable if the platform work offer is accepted and the platform work assignment completed, which amounts to be the sum of the estimated online work earnings and distance expense allowance that will be payable.

Section 45.32. 1. If the employer of a delivery services worker or ride-hail services worker intends to temporarily remove the worker's ability to accept platform work offers, the employer must give written notice to the worker that meets the following requirements: (a) the notice must be given at least 72 hours prior to removing the worker's ability to accept platform work offers, unless the employer, acting reasonably, determines that any of the following apply: (i) the worker has engaged in serious misconduct; (ii) the worker's continued use of the online platform would pose an immediate risk to the health or safety of any person; (iii) immediate removal is required in order for the employer or worker to comply with (A) any applicable law, or (B) an order made by a law enforcement authority; (b) the notice must specify the reasons for the removal; (c) the notice must inform the worker of any process, including applicable time periods, under which the worker may do one or both of the following: (i) respond to the notice; (ii) ask the employer to reconsider the employer's decision to remove the worker's ability to accept platform work offers. 

2. If the ability of a delivery services worker or ride-hail services worker to accept platform work offers is temporarily removed, the employer must restore that ability by no later than 14 days after the removal takes effect unless the employer, acting reasonably, determines that a longer period of time is necessary (a) in order to comply with (i) any applicable law, or (ii) an order made by a law enforcement authority, or (b) because the worker has not complied with a request made by the employer for information in relation to the reasons or the removal. 

3. If an employer determines under subsection (2) that a longer period of time is necessary, the employer must restore the worker's ability to accept platform work offers as soon as reasonably possible following the removal of that ability. 

Section 45.33. 1. If the employer of a delivery services worker or ride-hail services worker permanently removes the worker's access to an online platform, the employer must give written reasons for the removal to the worker. 

2. Written reasons under subsection (1) must be given to the delivery services worker or ride-hail services worker (a) at the same time the worker is given written notice under section 63 (3) of the Act, if applicable, or (b) as soon as practicable, in all other cases.