Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 39 – Exclusions from farm labour contractor licensing requirements 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains when a “farm labour contractor” is not required to be licensed under the Act. 


Text of Legislation

39. Section 13 of the Act does not apply to a person whose employees work, for or under the control or direction of another person, in connection solely with

(a) silviculture, or

(b) spraying or pruning fruit trees.


Policy Interpretation

Employers of employees who work, for or under the control or direction of another person and who work exclusively in the following types of industries are excluded from the “farm labour contractor” licencing requirements in the Act:

  • employers of employees working exclusively in the silviculture industry (See definition of “silviculture worker” in s.1 of this Regulation)
  • employers of employees who only spray or prune fruit trees (See also definition of “farm worker” in s.1 of this Regulation)

Refer to s.1of the Act for the definition of “farm labour contractor”.


Related Information

Related sections of the Act or Regulation

ESA

ESR