Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 40 – Exclusions from payday requirements


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This regulation explains which professions are excluded from the payday requirements of the Act. 


Text of Legislation

40. Section 17 of the Act does not apply to any of the following:

(a) a teacher;

(b) a person employed as a noon-hour supervisor, teacher's aide or supervision aide by

(i) a board as defined in the School Act, or
(ii) an authority as defined in the Independent School Act;

(c) an instructor, counselor, librarian or administrator who is employed by

(i) an institution as defined in the College and Institute Act, or
(ii) the British Columbia Institute of Technology;

(d) a senior tutor, or tutor, employed by the Open Learning Agency;

(e) a teaching staff member as defined in the Technical University of British Columbia Act.


Policy Interpretation

Employees performing work in the occupations specified in this regulation are not covered by the payday requirements established in s.17 of the Act. Accordingly, there is no requirement for these employees to be paid at least semi-monthly.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

School Act

Independent School Act

College and Institute Act

Technical University of British Columbia Act