In September 2024, app-based ride hailing and food delivery services will be required to provide workers in British Columbia with certain employment-like protections and workers' compensation benefits.
Earlier this year, the B.C. government introduced legislative amendments to include “online platform workers” in the definition of “employee” and “worker” under the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”) and the Workers Compensation Act, R.S.B.C. 2019, c. 1 (the “WCA”).
More recently, the provincial government announced that these amendments, together with new regulations, will come into effect on September 3, 2024.
These changes will apply to workers who pick up and deliver online orders through online service platforms or transport passengers through ride hailing platforms.
Prior to the changes, these workers were considered independent contractors under the law and excluded entirely from the ESA and the WCA.
Some of the key changes arising out of the legislative amendments include:
Workers' Compensation Coverage: Workers' compensation coverage through WorkSafeBC will apply to online platform workers. This will require “platform operators” to register for WorkSafeBC coverage, pay the necessary premiums, and adhere to other requirements of the applicable scheme.
Minimum Wage: Online platform workers will receive a minimum wage of $20.88 per hour for “engaged time”. Engaged time will commence when online platform workers accept or begin the work and will end when they complete or the work is cancelled. However, if online platform workers cancel the work, they will not be entitled to any compensation.
Distance Expense Allowance: Online platform workers will receive a distance expense allowance for all forms of transportation used to carry out online platform work. This specifically excludes foot transportation.
Information: Online platform workers will be entitled to certain information prior to accepting or beginning the work. This includes: (1) the anticipated pick-up location; (2) the anticipated drop-off location; and (3) the estimated amount that will be payable to the online platform worker.
Wage Statement: Online platform workers will be entitled to receive wage statements that include specific information such as: (1) the total number of kilometres travelled during engaged time in the pay period; and (2) the total amount of tips received in that pay period.
Notice of Suspension of Work: With certain limited exceptions, online platform workers will be entitled to be provided with 72 hours of written notice before their ability to work is temporarily removed. As well, they will be entitled to have their ability to work restored no later than 14 days after it is suspended. The reason for suspension must be specified in the written notice.
Termination of Work: Online platform workers will be entitled to be provided with written reasons if their ability to work is permanently removed. As well, they will be entitled to working notice of termination or pay in lieu of notice (compensation for length of service) as required under the ESA.
To be clear, online platform workers will not be entitled to all of the employment protections under the ESA and, specifically, they will be exempt from the overtime, statutory holiday and vacation provisions under the employment standards legislation.
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