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Logging Truck Drivers - Regulation Part 7, Section 37.2

Last updated on September 6, 2019

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section explains which sections of the Act do not apply to certain interior logging truck drivers.

Text of Legislation

37.2. Sections 32 to 35, 36(1), 40 and 42 of the Act do not apply to a person employed as a logging truck driver who is paid on a compensation system other than an hourly rate and who is working in the interior area as defined in section 1(1) of BC Reg. 22/96, the Timber Harvesting Contract and Subcontract Regulation. 

Policy Interpretation

There are special rules regarding the application of the Employment Standards Act and Regulation for a person employed as a logging truck driver who:

  • is paid on a compensation system other than an hourly rate, such as commissions based on value of material hauled, pay by the cubic metre and other like schemes; and
  • is working in the interior area of British Columbia as defined in s.1(1) of B.C. Reg. 22/96, the Timber Harvesting Contract and Subcontract Regulation.

Under this section, an interior logging truck driver, as defined above, is not covered by the following provisions of the Employment Standards Act:

  • Section 32 Meal Breaks
  • Section 33 Split shifts
  • Section 34 Minimum daily hours
  • Section 35 Maximum hours for work before overtime applies
  • Section 36(1) Hours free from work
  • Section 40 Overtime wages for employees not working under an averaging agreement
  • Section 42 Banking of overtime wages

Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

Truck Drivers

B.C. Reg. 22/96, Timber Harvesting Contract and Subcontract Regulation