Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Regulation - Part 7 - Variances and Exclusions

Summary

This section excludes fishers from the minimum wage, hours of work and overtime except for protection from excessive hours of work, statutory holidays, annual vacation and termination of employment provisions of the Act.

(a) section 16 (minimum wages);

(b) Part 4, other than section 39;

(c) Parts 5, 7 and 8.

Fishers are excluded from the hours of work and overtime provisions of the Act, with the exception of s. 39, which provides protection against working excessive hours detrimental to the employee’s health or safety. They are also excluded from the minimum wage, statutory holidays, annual vacation and termination of employment provisions of the Act.

ESA
• s.16, Employers required to pay minimum wage
• s.39, No excessive hours
• Part 4, Hours of work and overtime (except s.39)
• Part 5, Statutory holidays
• Part 7, Annual vacation
• Part 8, Termination of employment

ESR
• s.1, Definition, “Fisher”
• s.37.12, Aquaculture – fin fish workers

Other

See www.labour.gov.bc.ca/esb/facshts/