Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 33 – Exclusions from Parts of the Act and this regulation 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section identifies certain types of employees who are excluded from Part 2 and Parts 4 to 8 of the Act and Part 4 of this Regulation. 


Text of Legislation

33. (1) Parts 2 and 4 to 8 of the Act and Part 4 of this regulation do not apply to any of the following:

(a) a student in an academic or technical program recognized under the bylaws of the College of Registered Nurses of British Columbia as meeting a standard of academic or technical achievement required for registration as a member of that College;

(b) a student in training to be a practical nurse, as defined in the Nurses (Licensed Practical) Regulation, at a hospital as defined in the Hospital Act;

(c) an auxiliary or volunteer fire fighter employed by a fire department that is organized by a municipality or regional district for the protection of the public.


Policy Interpretation

1. Student nurses including:

  • a student in a school of nursing recognized by the College of Registered Nurses of British Columbia; or
  • a student in training to be a practical nurse, under the Nurses (Licensed Practical) Act, at a hospital as defined in the Hospital Act; and

2. Auxiliary or volunteer fire fighters employed by a fire department, organized by a municipal or regional district fire department, for public protection.

are excluded from the following provisions:

Employment Standards Act

Part 2 – Hiring Employees

Part 4 – Hours of Work and Overtime

Part 5 – Statutory Holidays

Part 6 – Leaves and Jury Duty

Part 7 – Annual Vacations

Part 8 – Termination of Employment

Employment Standards Regulation

Part 4 – Minimum wages

The above employees are entitled to all the provisions of Part 3 of the Act, Wages, Special Clothing and Records, with the exception of s.16 Employers required to pay minimum wage. (As a result of the exemption from the minimum wage provisions in Part 4 of this Regulation, s.16 of the Act is without effect.)


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other:

Nurses (Registered) Act

Nurses (Licensed Practical) Act

Hospital Act