BC government introduces legislative changes to protect app-based gig workers

Province will be one of the first jurisdictions in Canada to address these workers' vulnerabilities

BC government introduces legislative changes to protect app-based gig workers

The British Columbia government has passed Bill 48, a legislation that aims to address issues faced by app-based gig workers.

On November 20, the BC government tabled Bill 48 or the Labour Statutes Amendment Act 2023. The new legislation amends the British Columbia Employment Standards Act (ESA) and Workers Compensation Act (WCA).

The legislation aims to redefine the employment status of "online platform workers," explicitly targeting app-based ride-hailing and food-delivery workers. Regardless of their classification under other laws, these workers would be considered employees for the purposes of ESA and workers for the purposes of WCA.

The proposed changes address workers' priority concerns, such as low and unpredictable wages, being cut off from the job without warning, and a lack of workers' compensation coverage if injured.

"This is the first and a very crucial step towards recognizing us as hard-working individuals. We can look forward to receiving a fair resolution process, pay that reflects our hard work and basic rights and benefits like any contributing member of society," said Inder Raj Gill, a ride-hailing driver in Vancouver.

The government estimated at least 11,000 ride-hailing drivers and 27,000 food-delivery workers in BC. To date, gig workers have typically operated as independent contractors, but the new legislation seeks to establish minimum employment standards to address the unique challenges faced by this workforce.

"We clearly heard that app-based gig workers value the flexibility of this work, but some also have significant concerns," said Janet Routledge, parliamentary secretary for labour. "We believe that all workers deserve protection regardless of where they're from or what they do."

While the BC government has passed Bill 48, the sections that pertain to gig workers are not yet in effect. They will come into effect by regulation of the Lieutenant Governor in Council on a date yet to be determined.