BC Bill 10-2026: Amendments Aimed at Improving Efficiency at the BC Employment Standards Branch

On April 16, 2026, the B.C. government passed Bill 10, Labour Statutes Amendment Act, 2026 (the “Amendment Act”) which proposes changes to the Employment Standards Act (“ESA”) and the Temporary Foreign Worker Protection Act that will come into force on a future date determined by regulation. When these changes take effect, significant changes will be made to the employment standards complaint and dispute resolution process.

While the core employee entitlements under the ESA remain unchanged, the Amendment Act fundamentally restructures how complaints are screened, investigated, resolved, and appealed, with material implications for employment lawyers and non-unionized employees and temporary foreign workers. Through these amendments, the BC Ministry of Labour endeavours to help the Employment Standards Branch (ESB) resolve straightforward complaints more quickly and efficiently, help workers recover unpaid wages sooner, and provide a balancing measure to the appeals process.

Key Features of the Labour Statutes Amendment Act, 2026:

• Repealing and Replacing Section 76, ‘Review and investigation of complaints’: this reorganizes the Director of Employment Standards’ statutory duties when handling employment standards complaints. Rather than a linear “accept and investigate”, the new model of s. 76 sets out a multi-stage discretionary framework that features:
  • Mandatory acceptance of complaints;
  • A formal review stage prior to investigation;
  • Authority to refuse, stop, or postpone investigations based on specific grounds; and
  • Authority to pivot from individual complaints to broad, systemic investigations involving other employees.
• Mandatory Complaint Resolution: s. 76.1, ‘Complaint resolution process during investigation’ has been added, granting the director authority to require parties to participate in a complaint resolution process as part of an investigation. This is specifically reserved for straightforward matters prior to conducting a full investigation. This is intended to facilitate earlier communication between employers and workers.
• Discretionary Written Reports: s. 78.1, ‘Report may be prepared and served’ has replaced both 78.1 and 78.2, granting the director discretion over when a written report is necessary. This could lead to a greater reliance on appeals and shorten the timelines on claims.
• Mandatory Deposits on Appeals: s. 112, ‘Appeal of director’s determination’ has been amended to require employers to deposit the full amount owing under a determination before an appeal may proceed.
• Removal of the 1-year Period if employee cannot be located: s. 19(4), ‘If employee cannot be located’ has been amended to remove the 1-year waiting period that was in place to transfer unclaimed wages to the administrator under the Unclaimed Property Act. This will permit individuals to recover unclaimed wages far sooner than before.

Please contact a member of our Labour + Employment group if you have any questions regarding how the Labour Statutes Amendment Act, 2026 impacts your workplace.