British Columbia: Gig worker regulations take effect

At a glance

• Starting September 2024, companies operating app-based delivery and ride-hailing services are now required to provide gig workers in British Columbia with certain minimum employment standards, workers’ compensation coverage, and workplace safety protections.

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On 3 September 2024, the Online Platform Workers Regulation and amendments to the Employment Standards Regulation (collectively, the Regulations) came into force to provide 'online platform workers' (often called 'gig workers') in British Columbia with certain minimum entitlements under the Employment Standards Act 1996 (ESA) and coverage under the Workers Compensation Act 2019 (WCA).

'Online platform workers' are workers who: (i) pick-up and deliver orders made through an online delivery platform; or (ii) transport passengers through an online ride-hailing platform. These workers are considered to be 'employees' for the purposes of the ESA (even if classified as independent contractors), and 'workers' for the purposes of the WCA.

Key rules made effective on 3 September 2024 under the Regulations include:

• Terminations: Online platform workers must receive written notice if their access to the online platform is removed. If the removal is without cause, workers are entitled to termination notice, or payment in lieu, in accordance with the ESA.
• Minimum wage: A minimum wage rate of CAD20.88 per hour (excluding tips) now applies to 'engaged time', being the time from when an online platform worker accepts or begins a platform work assignment through to its completion or cancellation. However, no compensation will be owed to workers who cancel their own assignments.
• Expenses: Online platform workers using a personal vehicle to perform platform work assignments are eligible to receive a 'distance expense allowance' during engaged time (CAD0.35 per kilometre for delivery services, including e-bikes or scooters; or CAD0.45 per kilometre for ride-hail services).
• Wage statements: Online platform workers must be provided a wage statement each pay period outlining prescribed requirements.
• Assignment transparency: Online platform workers must be provided with anticipated pick-up and drop-off locations of delivery orders or passengers, along with the estimated earnings and distance expense allowance that will be payable if the platform work assignment is completed.
• Suspensions: Subject to certain exceptions, online platform workers must be provided with 72 hours’ written notice of the platform operator’s intention to temporarily suspend the worker’s ability to accept work assignments, setting out: (i) the reason(s) for the suspension; and (ii) how the worker may respond to the notice or request a reconsideration. Workers must be reinstated within 14 days, unless certain exceptions apply.
• Not all entitlements apply: Overtime, vacation, and statutory holidays provisions under the ESA do not apply to online platform workers.
• WorkSafeBC: Workers’ compensation coverage applies to online platform workers for work-related injuries and illness occurring on or after 3 September 2024. This coverage includes health care, wage-loss, and vocational rehabilitation benefits. Online platform operators must register for coverage, pay premiums, report work-related injuries, immediately investigate certain incidents, and comply with other applicable occupational health and safety obligations.