Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 1 - INTERPRETATION
ESR Section 1 – Definitions – Bus Operator
This section contains definitions for terms used throughout the Employment Standards Regulation.
"bus operator" means a person who operates a motor vehicle that
(a) seats more than 7 passengers,
(b) is available for use by the public, and
(c) is operated for or on behalf of a person who charges or collects compensation for transporting passengers in that motor vehicle;
Under this definition a “bus operator’ operates a motor vehicle that:
- seats more than 7 passengers
- is available for use by the public; and
- charges compensation for transporting passengers in the motor vehicle
This definition does not include bus operators employed by a company transporting its own employees to and from work locations, such as a farm labour contractor operation, logging company, or mining operation.
Sam drives a mini-van that seats 8, 1 driver and 7 passengers and charges those passengers a fee for transporting them. This individual would not be considered to be a bus operator as the motor vehicle does not seat more than 7 passengers.
Penny drives a 12-seat passenger van. Her employer supplies the van in order to pick up other co-workers to work at various work locations at no charge to the employees. Penny would not be considered to be a bus operator as the van is not available for public use and/or the passengers are not charged a fee for the transportation.
Section 44(a) of the Regulation identifies when a “bus operator” is excluded from overtime pay under s.40 of the Act.
Related sections of the Act or Regulation