Employment Standards Regulation - Exclusions for High Technology Professionals


(Effective October 24, 2003)

Schedule

Exclusions - high technology companies

37.8 (1) In this section

"high-technology company" means a company where more than 50 percent of employees meet the definition of a high technology professional, are managers of persons meeting the definition of a high technology professional or are employed in an executive capacity.

Section 37.8 (1) of the Employment Standards Regulation, B.C. Reg. 396/95, is amended by repealing the definition of "high technology professional" and substituting the following:

"high technology professional" means any of the following:

  1. an employee who is primarily engaged in applying his or her specialized knowledge and professional judgment to investigate, analyze, design, develop or engineer an information system that is based on computer and related technologies, or a prototype of such a system, but does not include a person employed to provide basic operational technical support;
  2. an employee who is primarily engaged in applying his or her specialized knowledge and professional judgment to investigate, analyze, design, develop, engineer, integrate or implement a scientific or technological product, material, device or process, or a prototype of such a product, material, device or process, but does not include a person employed to provide basic operational technical support;
  3. an employee who is primarily engaged in applying his or her specialized knowledge and professional judgment to carry out scientific research and experimental development as defined in section 248 (1) of the Income Tax Act (Canada);
  4. an employee who is engaged as a sales or marketing professional in relation to
    1. a service or system described in paragraph (a),
    2. a product, material, device or process described in paragraph (b) or
    3. scientific research or experimental development described in paragraph (c),
    but does not include a person employed in the retail sale of any of these things. 
  1. The following provisions do not apply to high technology professionals:
    1. Part 4 , other than section 39 of the Act;
    2. Part 5 of the Act.

  2. An employee of a high technology company who is not a high technology professional may enter into an averaging agreement with his or her employer under section 37 of the Act if the employer and employee also agree in writing that the scheduling requirement under section 37 (2) (a) (iv) of the Act does not apply.

  3. If an employee and an employer enter into the averaging agreement referred to in subsection (3) of this section,
    1. section 37 (2) (b), (3), (6), (10) and (12) of the Act do not apply to that averaging agreement, and
    2. section 37 (2) (a) (i) to (iii) and (v) to (vi), (2) (c), (4), (5), (7) to (9), (11), (13) and (14) are deemed to be incorporated into the averaging agreement as terms of the agreement.