Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 37.6 – Oil and gas field workers who are paid other than by an hourly rate 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section lists the employees who are covered by the provisions of sections 37.61 to 37.65 of the Regulation. 


Text of Legislation

37.6 Sections 37.61 to 37.65 apply in respect of employees who

(a) work for an employer in the oil and gas well drilling and servicing industry,
(b) are primarily engaged in

(i)  any of the following on site activities:

(A)  drilling, evaluating, stimulating, completing, re-completing, enhancing production or optimizing services of an oil or gas well;
(B)  performing remedial treatment of an oil or gas well;
(C)  providing safety services or other services unrelated to the administration of the employer’s business, for an oil or gas well, and

(ii)  transporting oilfield equipment, or
(iii)  oil or gas well site preparation,

(c) have a compensation system other than an hourly rate, and
(d) are not working under an averaging agreement under section 37 of the Act.


Policy Interpretation

In order to be covered by Regulations 37.61 through 37.65, employees must have a compensation system other than an hourly rate, and not be working under an averaging agreement.

These employees primarily work in the activities listed in the regulation.


Related Information

ESA

  • s. 37, Agreements to average hours of work

ESR

  • s.37.5, Oil and gas field workers paid by an hourly rate – exclusion from section 36(1) of the Act
  • s. 37.51, Specific oil and gas field workers paid by an hourly rate – rest periods and pay for interruption in rest periods
  • s. 37.61, Oil and gas field workers under section 37.6 – exclusion from section 36(1) of the Act
  • s. 37.62, Oil and gas field workers under section 37.6 – “regular salary”
  • s. 36.63, Oil and gas field workers under section 37.6 – paydays and bonus pay
  • s. 37.62, Oil and gas field workers under section 37.6 – overtime wages
  • s. 37.65, Oil and gas field vacuum workers under section 37.6 – rest periods and periods and pay for interruption in rest periods
  • s. 42, Exclusions from hours-of-work requirements

Appendix 3 – Oil & gas well drilling & servicing occupations - hourly rate of pay