Core Business Areas

1. Skills Development and Employment Standards

Skills Development

The ministry has two business areas related to skills development. The first is the development of a provincial human resource strategy that focuses on potential skill shortages that would undermine economic growth, and the second is monitoring youth employment in British Columbia.

In June 2001, the ministry was tasked with developing a provincial human resource strategy in partnership with the Ministry of Small Business and Economic Development. The focus of the strategy is to ensure that labour market planning issues are clearly linked to economic priorities, and that there are mechanisms in place to anticipate future skill shortage situations.

The Ministry of Skills Development and Labour has limited funding for the skills development policy area, which includes the salary of a full-time labour market economist. Future work on implementation of these strategies will require cabinet decision.

Employment Standards

Employment standards activities aim to increase compliance with the Employment Standards Act and to foster fair, productive and harmonious workplaces that promote prosperous businesses, quality working lives and a strong, growing economy.

The Employment Standards Branch administers the Employment Standards Act and Regulation, which set minimum standards for wage payments, overtime, vacation, statutory holidays, leaves, compensation for length of service, hours of work, employment of young persons and licensing of certain employment services.

In 2004/05, the branch will reduce its staff to a core level of 108 employees, with a budget of $10,042,000.

In addition to administering the legislation, the branch provides education, training and early intervention to ensure all parties in the workplace are aware of their rights and responsibilities under the Act.

The branch also carries out targeted enforcement in areas identified as having greater difficulties with compliance.

Branch staff answer employee and employer inquiries, receive and address complaints of contraventions, and deliver professional, neutral mediation services to assist parties to come to a mutually satisfactory resolution to workplace disputes. Where resolution is not possible, the branch adjudicates disputes under the Act and issues a determination.

Determinations made by the Director of the Employment Standards Branch can be appealed to the Employment Standards Tribunal, an independent adjudicative body, for timely, efficient and neutral resolution.

Through this program area, the ministry also assists other ministries in addressing sector-specific employment standards issues to promote a more prosperous economy. These include the development of sector-focused employment standards regulations for the oil and gas, agriculture, mining, forestry, silviculture, aquaculture and film industries.

2. Industrial Relations

Through its industrial relations activities, the ministry oversees the fair administration of B.C.'s industrial relations rules to promote a healthy labour relations environment. The ministry is responsible for the Labour Relations Code. The Code establishes the rights of employees to choose trade union representation, the system for collective bargaining between employers and trade unions in unionized workplaces, and mechanisms to address changes in the employment structure of the workplace.

The Labour Relations Code also establishes the Labour Relations Board (LRB) as an independent tribunal to govern the establishment and regulation of relationships between employers, trade unions and employees, and to resolve disputes arising in those relationships through mediation and adjudication. As a quasi-judicial tribunal, the LRB's ability to deal with industrial relations disputes is faster and more efficient than the courts. The LRB also provides alternate dispute resolution services, which focus on assisting parties in resolving collective bargaining disputes. It also assists parties in improving labour relations, preventing conflict and resolving contractual disputes during the term of their collective agreements. Votes ordered under the provisions of the Labour Relations Code are supervised by staff from the Employment Standards Branch.

The LRB has a budget of $5,154,000 and 45 employees. The Chair of the LRB is also the Chair of the Employment Standards Tribunal, which has three additional employees and funding of $505,000.

The ministry actively monitors the industrial relations environment in B.C. Self-reliance in resolving disputes through free collective bargaining is encouraged, but occasionally the ministry plays a direct role in helping parties to settle difficult disputes.

3. Workers' Compensation

The ministry oversees the Workers Compensation Act, which provides a framework for promoting safe and healthy workplaces and sets out the workers' compensation system for B.C. The workers' compensation system includes the following components: the Workers' Compensation Board, the Workers' Compensation Appeal Tribunal, and the ministry-based Workers' and Employers' Advisers Offices.

The Workers' Compensation Board (WCB) is an independent statutory agency mandated to administer the Workers Compensation Act. The Board creates and enforces provincial workplace health and safety regulations. It also adjudicates claims and administers wage-loss benefits and vocational rehabilitation benefits for workers suffering injury or disease and their dependents or survivors. Under the Workers Compensation Act, the WCB Review Division has a role in providing reviews of the WCB's claims decisions. The board is wholly funded by employer payroll assessments (the accident fund).

Legislative changes in 2002 resulted in a new independent appeal body. Effective March 3, 2003, the Workers' Compensation Appeal Tribunal (WCAT) replaced both the former Workers' Compensation Review Board and the former Workers' Compensation Board Appeal Division. WCAT is the second and final level of appeal in the restructured appeal system, which was introduced to simplify the process and enhance the consistency, timeliness and finality of decisions. Autonomous from the WCB, it is the responsibility of the Ministry of Skills Development and Labour, and is funded by employers through the accident fund. For the first three years of operation, WCAT has been provided with additional resources to reduce the backlog of appeals built up under the old appeal system. In 2006/07, gross expenditures will be reduced from the current level of $22.4 million to $18.9 million, and employees will be reduced from 185 to 167 FTEs.

A third component of the workers' compensation system are the ministry-based workers' and employers' advisers, who provide support and advisory services to parties involved in claims under the workers' compensation system. The ministry administers the Workers' Advisers Office and the Employers' Advisers Office, which are authorized by the Workers Compensation Act and funded by employers through the accident fund.

The Workers' and Employers' Advisers Offices directly support the ministry's goal of safe and healthy workplaces and a workers' compensation system that is responsive to the needs of workers and employers.

Employers' Advisers are mandated to work with employers and the Workers' Compensation Board to resolve claims, assessments and safety issues. They advise employers on the interpretation of the Workers Compensation Act and any decisions made under the Occupational Health and Safety Regulation, and provide information and training to employers on legislative and regulatory changes to assist employers in meeting their obligation and responsibility to provide a safe work environment for their workers.

Workers' Advisers are mandated to advise and assist injured workers with respect to benefits, claims and the interpretation of the Workers Compensation Act. Program clients include injured workers and their dependents, professional associations, union representatives, injured workers' associations and members of the public.

4. Executive and Support Services

Executive and support services in the Ministry of Skills Development and Labour include specialized advice and assistance, policy and legislation development, financial operations and management services.

The ministry's executive staff — its Deputy Minister and Assistant Deputy Ministers — are sources of expert advice for public and private sector clients needing information or assistance on matters including skills development or skills shortages, employment topics and industrial relations.

The Policy and Legislation Branch provides policy analysis, legislative, regulatory and program development support to senior ministry officials, ministry program areas, the minister's office, cabinet and its committees, and other ministries needing advice or assistance on labour and employment issues.

All management services for the Ministry of Skills Development and Labour are provided by the Management Services Division of the Ministry of Education, which also serves the Ministry of Education and the Ministry of Advanced Education. The Management Services Division delivers corporate support services to the ministry, including financial and administrative services, freedom of information and protection of privacy advice and support, information management and human resources services.