Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Regulation - Part 7 - Variances and Exclusions

ESR Section 33 - Exclusions from Parts of the Act and this regulation

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section identifies certain types of employees who are excluded from Part 2 and Parts 4 to 8 of the Act and Part 4 of this Regulation.

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Text of Legislation

33. (1) Parts 2 and 4 to 8 of the Act and Part 4 of this regulation do not apply to any of the following:
(a) a student in an academic or technical program recognized under the bylaws of the College of Registered Nurses of British Columbia as meeting a standard of academic or technical achievement required for registration as a member of that College;

(b) a student in training to be a practical nurse, as defined in the Nurses (Licensed Practical) Regulation, at a hospital as defined in the Hospital Act;

(c) an auxiliary or volunteer fire fighter employed by a fire department that is organized by a municipality or regional district for the protection of the public.

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Policy Interpretation
  1. Student nurses including:
    • a student in a school of nursing recognized by the College of Registered Nurses of British Columbia; or
    • a student in training to be a practical nurse, under the Nurses (Licensed Practical) Act, at a hospital as defined in the Hospital Act; and
  2. Auxiliary or volunteer fire fighters employed by a fire department, organized by a municipal or regional district fire department, for public protection.

    are excluded from the following provisions:
    Employment Standards Act

    Part 2 – Hiring Employees

    Part 4 – Hours of Work and Overtime

    Part 5 – Statutory Holidays

    Part 6 – Leaves and Jury Duty

    Part 7 – Annual Vacations

    Part 8 – Termination of Employment
Employment Standards Regulation
Part 4 – Minimum wages
The above employees are entitled to all the provisions of Part 3 of the Act, Wages, Special Clothing and Records, with the exception of s.16 Employers required to pay minimum wage. (As a result of the exemption from the minimum wage provisions in Part 4 of this Regulation, s.16 of the Act is without effect.)

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Related Information

Related sections of the Act or Regulation Other:

Nurses (Registered) Act

Nurses (Licensed Practical) Act

Hospital Act


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