Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 37.15 – Foster care


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This regulation details the circumstances under which a person providing foster care is excluded from the Act. 


Text of Legislation

37.15. The Act does not apply to

(a) a person providing foster care in their place of residence to children or adults if the foster care situation meets

(i) criteria established by the provincial government to receive of deliver foster care services, or

(ii) criteria established by a health authority, or any other designated authority, to receive or deliver foster care services if the provincial government has delegated its authority to that body to establish criteria, or

(b) a person providing relief to a person referred to in paragraph (a).


Policy Interpretation

A “foster parent” is an individual who is providing foster care, in accordance with the criteria established by the provincial government. Foster parents are exempt from the Employment Standards Act in its entirety. A person providing relief to a “foster parent” is also excluded from the Act.

“Foster parents in training (orientation)” are persons who are being oriented into the manner in which to raise a child or children placed into their care. They are not employees within the meaning of the Act, and those foster parents who give the orientation are not engaged in an employment activity.


Related Information

Related sections of the Act or Regulation

ESA