Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS
ESA Section 1 – Definitions – Construction
This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.
"construction" means the construction, renovation, repair or demolition of property or the alteration or improvement of land;
Typically construction involves a bid process or construction contract relating to development of a project that has a predictable completion date. In general:
- Workers employed for initial construction, installation, or improvement projects are engaged in construction.
- Workers employed to service and maintain existing structures are not engaged in construction.
Each case will be determined on its own merits considering whether the type of work meets the definition of "construction" or whether it is considered to be a service or maintenance.
Employment Standards Tribunal Decisions
E. Nixon Ltd. - BC EST #D573/97
Urban Sawing & Grooving Company Ltd. - #RD188/05
Heron Construction & Millwork Ltd. - #D087/08
Related sections of the Act or Regulation