Interpretation Guidelines Manual
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| ESR Section 1 - Definitions - Fisher |
Contents: Summary Text of Legislation Policy Interpretation Related Information |
| Summary This section contains definitions for terms used throughout the Employment Standards Regulation.
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| Text of Legislation
"fisher" means a person (a) who is employed on a vessel engaged in commercial fishing, andbut does not include a person employed in aquaculture;
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| Policy Interpretation A person employed on a commercial fishing vessel who receives a share or portion of the profits from a fishing venture is a “fisher” for purposes of this definition. ExampleA person employed in aquaculture is not included in the definition of “fisher”. Aquaculture includes fish farms. A person employed at a fish farm is not a “fisher” for purposes of this definition. The Provincial Fisheries Act defines “aquaculture as follows: “aquaculture” means the growing and cultivation of aquatic plants, as defined in section 12, or fish, for commercial purpose, in any water environment or in human made containers of water, and includes the growing and cultivation of shellfish on, in or under the foreshore or in water”.“Commercial fishing” is not identified in the Employment Standards Act or Regulation. The Fisheries Act (BC) adopts the concept of commercial fishing developed in the federal legislation. Under the federal legislation Fisheries Act (Canada, in the context of licencing and regulating commercial fishing under that Act, a fishing vessel is defined as follows: “fishing vessel” means any vessel used, outfitted or designed for the purpose of catching, processing or transporting fish.Under s.37 of the Regulation, “fishers” are excluded from the following provisions of the Act:
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| Related Information Employment Standards Tribunal Decisions Matt Hill & sons Co. Ltd., BC EST #D283/98 Related sections of the Act or Regulation
Fisheries Act, [RSBC 1996] Chapter 149 Fisheries Act (Canada)
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