Regulation 396/95 of the Employment Standards Act (“ESA”) sets out the rules about minimum wage in British Columbia.
On June 1, 2020, British Columbia’s minimum wage rates went up. The new general minimum wage for 2020 and into the first half of 2021 in British Columbia is $14.60 per hour. This is an increase of $1.20 per hour from the old minimum wage, $13.85, which was in place until May 31, 2020.
The following chart shows the new minimum wage rules in British Columbia beginning on June 1, 2020:
|Minimum wage type||Minimum wage rate after June 1, 2020|
|General minimum wage||$14.60 per hour|
|Student minimum wage||There is no special student minimum wage. Students are paid the general minimum wage.|
|Liquor servers minimum wage||$13.95 per hour|
|Domestic Workers||There is no special domestic worker minimum wage. Domestic workers are paid the general minimum wage.|
What about Domestic Workers?
Domestic workers like nannies must be paid the general minimum wage ($14.60). There is no lesser wage in British Columbia for domestic workers.
However, if the employer provides room and/or board (meals) to the domestic worker, they can charge them up to $325 per month for room and board. However, the domestic worker must agree in writing before any such deductions can be taken from their paycheck.
On the contrary, live-in home support workers (i.e. workers who provide personal care and companionship for seniors, persons with disabilities and convalescent clients and who live with such clients) must be paid a daily minimum wage, not an hourly minimum wage. The daily wage for support workers in BC is $113.50 per day, even if it is just a part-day worked.
Minimum Wage and Commission Employees
If an employee is paid entirely or partly on commission in British Columbia, the employer must pay the employe an amount to at least the minimum wage for each hour the employee has worked.
If an employee has earned no commissions one week, he is still entitled to the minimum wage for all hours worked. If a commissioned employee’s wage is below minimum wage for the hours they worked, the employer must top up their payment so that it’s equal to minimum wage. If, on the other hand, an employee has earned over $584 (40 x $14.60), for example, in a 40-hour workweek, the employer will not need to make up any difference.
Future Minimum Wage in British Columbia
There is a minimum wage hike planned for June 2021 in British Columbia. The minimum wage in BC beginning in June 2021 will be $15.20.
Jeff is a lawyer in Toronto who works for a technology startup. Jeff is a frequent lecturer on employment law and is the author of an employment law textbook and various trade journal articles. Jeff is interested in Canadian business, technology and law, and this blog is his platform to share his views and tips in those areas.