Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS
ESR Section 37.31 – Container truckers
This section specifies the parts of the Act from which container truckers are excluded.
37.31 (1) In this section, "container trucker" has the same meaning as "trucker" in the Container Trucking Act.
(2) Parts 10, 11 and 13 of the Act do not apply to container truckers in relation to remuneration or fuel surcharges under the Container Trucking Act.
The Container Trucking Act defines “trucker” as follows:
- (a) a person who has an ownership interest or a leasehold interest in a vehicle that is designed to be self-propelled,
(i) to which a trailer, within the meaning of the Motor Vehicle Act, that is designed, used or intended for the carriage of containers is or may be attached, and
(ii) by which a trailer described in subparagraph (i) is or may be drawn,
- (b) an employee, within the meaning of the Employment Standards Act, of a licensee performing container trucking services, and
- (c) a person who drives a vehicle described in paragraph (a) on behalf of
(i) a licensee, or
(ii) a person referred to in paragraph (a).
The Container Trucking Regulation contains definitions of “fuel surcharge” that includes a formula and “remuneration” that includes minimum rates per trip. The dispute resolution, enforcement and appeal provisions of the Employment Standards Act do not apply to enforce the minimum rate or fuel surcharge provisions found in the Container Trucking Act.
Related sections of the Act or Regulation
- Part 10 – Complaints, Investigations and Determinations
- Part 11 – Enforcement
- Part 12 – Employment Standards Tribunal
- s.1, Definition, “long haul truck drivers”
- s.1, Definition, “short haul truck drivers”
- s.37.2, Logging truck drivers