Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 42 – Exclusions from hours-of-work requirements


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This regulation explains which persons are excluded from requirements in s.33 of the Act. 


Text of Legislation

42. (1) Section 33 of the Act does not apply to a person who is employed

(a) to explore for oil or gas,

(b) in drilling, completing, recompleting or remedially treating an oil or gas well, or

(c) in supplying supplementary operations or services with the activities in paragraph (a) or (b).

(2) Section 33 of the Act does not apply to a person employed on a 12 hour live-aboard basis on a vessel operated by the British Columbia Ferry Corporation.


Policy Interpretation

The requirement that a split shift ends within 12 hours of the start of the shift, under s.33 of the Act, does not apply to persons performing work as described in this section. There is no restriction regarding the start and finishing times of a split shift.

Related sections of this Regulation that are applicable to certain type of oil and gas workers are identified below.


Related Information

Related sections of the Act or Regulation

ESA

ESR