Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 37.2 – Logging truck drivers


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains which sections of the Act do not apply to certain interior logging truck drivers.


Text of Legislation

37.2. Sections 32 to 35, 36(1), 40 and 42 of the Act do not apply to a person employed as a logging truck driver who is paid on a compensation system other than an hourly rate and who is working in the interior area as defined in section 1(1) of BC Reg. 22/96, the Timber Harvesting Contract and Subcontract Regulation. 


Policy Interpretation

There are special rules regarding the application of the Employment Standards Act and Regulation for a person employed as a logging truck driver who:

  • is paid on a compensation system other than an hourly rate, such as commissions based on value of material hauled, pay by the cubic metre and other like schemes; and
  • is working in the interior area of British Columbia as defined in s.1(1) of B.C. Reg. 22/96, the Timber Harvesting Contract and Subcontract Regulation.

Under this section, an interior logging truck driver, as defined above, is not covered by the following provisions of the Employment Standards Act:

  • Section 32 Meal Breaks
  • Section 33 Split shifts
  • Section 34 Minimum daily hours
  • Section 35 Maximum hours for work before overtime applies
  • Section 36(1) Hours free from work
  • Section 40 Overtime wages for employees not working under an averaging agreement
  • Section 42 Banking of overtime wages

Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheet

Truck Drivers

B.C. Reg. 22/96, Timber Harvesting Contract and Subcontract Regulation