Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 1 - INTERPRETATION

ESR Section 1 – Definitions – Silviculture Worker


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

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


Text of Legislation

"silviculture worker" means a person who is:

(a) working in the silviculture industry

(b) paid primarily on a piece rate basis, and

(c) is involved in reforestation field work including clearing brush, cone picking, creek cleaning, harvesting seeds, applying herbicide, reclamation work, herding sheep, site preparation, stand sanitation, building trails, fertilizing, girdling, planting, pruning, spacing or distributing trees, weeding, or supervising any of these field activities;


Policy Interpretation

Subsection (a)

Silviculture involves reforestation workers performing work in the various activities as set out in subsection (c) in this definition.

There are special rules and exclusions from provisions of the Employment Standards Act for silviculture workers, pursuant to s.37.9 of the Employment Standards Regulation.

It should be noted that a silviculture “manager” is treated in the same manner as any “manager”. A manager is excluded from Parts 4 and 5 of the Act. A working supervisor who spends the majority of their time performing the same work as the employees they supervise would not be considered a “manager” for purposes of the Act.

Subsection (b)

“Piece rate basis” means the rate of pay is based on a measurable quantity of work completed. Piece rates must meet or exceed minimum wage. “Primarily” means that at least 75% of wages for silviculture work are paid on an incentive basis.

Employees who are paid primarily by the hour, by the day or on a salary basis are not considered piece rate workers and do not qualify as a “silviculture worker”.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheet

Silviculture Workers