Exclusions from Parts of the Act & This Regulation - Regulation Part 7, Section 33

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section identifies certain types of employees who are excluded from Part 2 and Parts 4 to 8 of the Act and Part 4 of this Regulation. 

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Text of Legislation

33. (1) Part 2, section 16 and Parts 4 to 8 of the Act do not apply to any of the following:

(a) subject to paragraph (b), a student in an academic or technical program recognized under the bylaws of the British Columbia College of Nurses and Midwives as meeting a standard of academic or technical achievement required

(i) for registration as a member of that college, and

(ii) to practise the designated health profession of nursing, practical nursing or psychiatric nursing;

(b) a student in training to be a practical nurse, as defined in the Nurses (Licensed Practical) Regulation, at a hospital as defined in the Hospital Act;

(c) an auxiliary or volunteer fire fighter employed by a fire department that is organized by a municipality or regional district for the protection of the public.

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Policy Interpretation

1. Student nurses including:

• a student in a school of nursing recognized by the College of Registered Nurses of British Columbia; or
• a student in training to be a practical nurse, under the Nurses (Licensed Practical) Act, at a hospital as defined in the Hospital Act; and

2. Auxiliary or volunteer fire fighters employed by a fire department, organized by a municipal or regional district fire department, for public protection.

are excluded from the following provisions:

Employment Standards Act

Part 2 – Hiring Employees

Part 4 – Hours of Work and Overtime

Part 5 – Statutory Holidays

Part 6 – Leaves and Jury Duty

Part 7 – Annual Vacations

Part 8 – Termination of Employment

The above employees are entitled to all the provisions of Part 3 of the Act, Wages, Special Clothing and Records, with the exception of s.16 Employers required to pay minimum wage.

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Related Information

Related sections of the Act or Regulation

ESA

• s.1, Definition, “employee”
• Part 2 – Hiring Employees
• Part 3 - Wages, Special Clothing and Records
• Part 4 – Hours of Work and Overtime
• Part 5 – Statutory Holidays
• Part 6 – Leaves and Jury Duty
• Part 7 – Annual Vacations
• Part 8 – Termination of Employment

ESR

• Part 4 – Minimum Wages

Other

Nurses (Registered) Act

Nurses (Licensed Practical) Act

Hospital Act