Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 1 - INTERPRETATION
ESR Section 1 – Definitions – Silviculture Worker
This section contains definitions for terms used throughout the Employment Standards Regulation.
"silviculture worker" means a person who is:
(a) working in the silviculture industry
(b) paid primarily on a piece rate basis, and
(c) is involved in reforestation field work including clearing brush, cone picking, creek cleaning, harvesting seeds, applying herbicide, reclamation work, herding sheep, site preparation, stand sanitation, building trails, fertilizing, girdling, planting, pruning, spacing or distributing trees, weeding, or supervising any of these field activities;
Silviculture involves reforestation workers performing work in the various activities as set out in subsection (c) in this definition.
There are special rules and exclusions from provisions of the Employment Standards Act for silviculture workers, pursuant to s.37.9 of the Employment Standards Regulation.
It should be noted that a silviculture “manager” is treated in the same manner as any “manager”. A manager is excluded from Parts 4 and 5 of the Act. A working supervisor who spends the majority of their time performing the same work as the employees they supervise would not be considered a “manager” for purposes of the Act.
“Piece rate basis” means the rate of pay is based on a measurable quantity of work completed. Piece rates must meet or exceed minimum wage. “Primarily” means that at least 75% of wages for silviculture work are paid on an incentive basis.
Employees who are paid primarily by the hour, by the day or on a salary basis are not considered piece rate workers and do not qualify as a “silviculture worker”.
Related sections of the Act or Regulation
- s.1, Definition, “farm worker”
- s.1, Definition, “manager”
- s.37.9, Silviculture workers
- s.39, Exclusions from farm labour contractor licensing requirements