Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS

ESA Section 1 – Definitions – Construction


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.


Text of Legislation

"construction" means the construction, renovation, repair or demolition of property or the alteration or improvement of land;


Policy Interpretation

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.


Related Information

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

ESA

Other references

See Employment Standards Factsheets

Factsheets

Termination of Employment