Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 37.4 – Newspaper carriers


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains which sections of the Act do not apply to particular newspaper carriers. 


Text of Legislation

37.4. (1) The Act does not apply to a newspaper carrier who is enrolled in, or on vacation from, a primary or secondary school and is employed as a newspaper carrier for 15 hours a week or less.

(2) Sections 33, 34 and 36 of the Act do not apply to a person who is employed as a newspaper carrier for 15 hours a week or less.


Policy Interpretation

There are special rules for newspaper carriers regarding entitlements under the Employment Standards Act. The terms “newspaper” and “newspaper carrier” are defined in s.1 in this Regulation.

A “newspaper carrier” means a person, either adult or child, who sells or delivers newspapers directly to customers or households. Newspapers contain a certain amount of editorial content. A person who is engaged in bulk delivery of flyers is not considered to be a newspaper carrier.

The term "bulk delivery" includes the delivery of a large number of newspapers to a retail establishment, apartment block, or central location for pick-up by newspaper carriers.

Subsection (1)

A newspaper carrier who:

  • is enrolled in (or on vacation from) a primary or secondary school; and
  • who works 15 hours or less in a week for one employer

is exempt from the Act in its entirety.

Subsection (2)

A newspaper carrier who:

  • works for 15 hours a week or less; and
  • is not enrolled in (or on vacation from) a primary or secondary school,

is exempt from the following sections of the Act:

  • Section 33. Split shifts
  • Section 34 Minimum daily hours
  • Section 36 Hours free from work

A newspaper carrier as defined in subsection (2) is covered by all other provisions of the Act.

Only newspaper carriers that meet the conditions described in subsections (1) and (2) above, have special restrictions under the Employment Standards Act.

It should be noted that a newspaper carrier who works for more than 15 hours a week or who is not enrolled in, or on vacation from a primary or secondary school, is covered by all provisions of the Act and Regulation.

Newspaper carriers must not be required to pay the employer’s cost of doing business. For example, carriers cannot be charged for elastic bands, plastic wrap, or other materials.

If newspaper carriers covered by the Act and Regulations are expected to provide a vehicle for their use in doing deliveries, the business cost of operating the vehicle (purchase of gas and oil) must be paid by the employer.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheet

Newspaper Carriers