Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 4 - MINIMUM WAGES
ESR Section 15 – Minimum hourly wage
This section explains the application of the minimum hourly wage for all employees under provincial jurisdiction.
15. Subject to sections 16 to 18, the minimum wage is $10.85 an hour.
Section 16 of the Employment Standards Act requires that employees must be paid at least the minimum wage as set out in the regulations. This section of the Regulation sets out the general minimum hourly wage rates.
Employers must pay an employee at least the agreed-upon rate of pay. This rate of pay must meet or exceed the minimum wage rates as set out in this Regulation.
The minimum wage rate established in this Regulation will be the wage rate enforced by the director if:
- no agreement was reached between the parties on a wage rate; or
- it is impossible to determine what wage rate was agreed to between the parties.
As of September 15, 2016, the minimum hourly wage in British Columbia is $10.85. This is an increase from the rate of $10.45 that was in effect from May 15, 2015 until September 14, 2016.
All employees under the jurisdiction of the Employment Standards Act are entitled to receive at least the minimum hourly wage except for:
- Workers who serve liquor in accordance with s. 18.1 of this Regulation;
- Workers who have minimum wage rates established under the following sections of this Regulation:
- Section 16 – live in home support worker
- Section 17 – resident caretakers
- Section 18 – farm worker
Under the Employment Standards Regulation, certain occupations and types of workers are excluded from the Employment Standards Act in its entirety, or from specified Parts or sections of the Act. (Refer to Part 7 of the Regulation)
For the rules governing the payment of minimum wage to certain commission salespersons refer to s.37.14 of this Regulation.
Related sections of the Act or Regulation
- s.1, Definition, “farm worker”
- s.1, Definition, “fisher”
- s1, Definition,“newspaper carrier”
- s.16, Minimum daily wage
- s.17, Minimum wage – resident caretakers
- s.18, Minimum wage – farm workers
- s.18.1, Minimum wage - liquor servers
- s.31, Professions and occupations excluded from the Act
- s.32, Employees excluded from the Act
- s.33, Exclusions from Parts of the Act and this regulation
- s.37, Fishers
- s.37.4(1), Newspaper carriers
- s.37.14, Commission sales
- s.37.15, Foster care