Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 1 - INTERPRETATION
ESR Section 1 – Definitions – Teacher
This section contains definitions for terms used throughout the Employment Standards Regulation.
"teacher" means the same as in the School Act and in the Independent School Act
In order to be a "teacher" under the School Act a person must:
- Hold a certificate of qualification,
- Be employed by a board, and
- Provide an educational program to students in a school.
The definition of "independent school" in the Independent School Act does not include a school that solely offers religious or language instruction. Schools that provide tutorial services or other supplemental educational services to school age children are also not included by designation of the inspector.
Pat is employed by his local school board to provide educational instruction to children at an elementary school. He holds a teaching certificate from a university.
Pat is a teacher under the Regulation because he meets the definition of "teacher" in the School Act. He holds a certificate of qualification and is employed by a board to provide an educational program to students in a school.
Nancy is employed by a company that provides after-school tutorial services to children who need help with math and reading. She holds a teaching certificate.
Nancy is not a teacher under the Regulation because
- she does not meet the definition of "teacher" in the School Act. Although she has a teaching certificate, she is not employed by a board to provide an educational program to students in a school; and
- she does not teach in a facility that is included in the definition of "independent school" contained in the Independent School Act.
Related sections of the Act or Regulation