British Columbia Order in Council — Order under Employment Standards Effective May 8, 2000: B (O.C. 575/2000)

O.C. 575/2000

British Columbia — Orders in Council

Presiding Mem er o ouncil PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council Number -7 575 , Approved and Or APR 14 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective May 8, 2000, B.C. Reg. 396/95, the Employment Standards Regulation, is amended as set out in the attached schedule. Mi ter of Labour (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Employment Standards Act,

section Other (specify): 0(e.." t\55( Cr) )15001/3

SCHEDULE 1.

Section 1(1) of B.C. Reg. 396/95, the Employment Standards Regulation, is amended by adding the following definition: "silviculture worker" means a person who is:

a) working in the silviculture industry,

b) paid primarily on a piece rate basis, and

c) involved in reforestation field work including clearing brush, cone picking, creek cleaning, harvesting seeds, applying herbicide, reclamation work, herding sheep, site preparation, stand sanitation, building trails, fertilizing, girdling, planting, pruning, spacing or distributing trees, weeding, or supervising any of these field activities.

Section 28 (

b) is amended by adding "37.9(2)(b)(ii)" after "37.6(2)". 3. The following

section is added: Silviculture workers 37.9

(1) Sections 33, 35, 36(1), 37, 40, 41, and 42(2) of the Act do not apply to a silviculture worker.

(2) An employer of a silviculture worker must

a) implement a shift

schedule that consists of

i) no more than consecutive days of work followed by a day off, and ii) within each month at least consecutive days off or at least non-consecutive days off or

b) an employer may implement an alternative shift

schedule that consists of up to consecutive days of work followed by at least consecutive days off, or no more than consecutive days of work followed by a minimum of consecutive days off as long as:

i) the work is being done at a remote camp to which there is no ready access, ii) written approval has been received from the majority of the affected employees, and iii) employees receive at least 8 days off in a month.

(3) A silviculture worker paid on a piece rate basis must receive at least

a) the equivalent of minimum wage for the first eight hours worked,

b) the equivalent of minimum wage times 1.5 or the applicable piece rate, whichever is greater, for any time worked over 8 hours, and

c) double the piece rate for all time worked over 11 hours in a day.

(4) A silviculture worker paid a regular wage must receive at least a) 1.5 times the employee's regular wage for the time over 8 hours, and

b) double the employee's regular wage for any time over 11 hours.

(5) A silviculture worker working a shift

schedule set out in subsection (2) of this

section must receive at least

a) if subsection (2)(

a) of this

section applies, double the piece rate or regular wage for any time worked beyond the

schedule set out in (2)(a),

b) if subsection (2)(

b) of this

section applies, double the piece rate or regular wage for any time worked beyond the

schedule set out in (2)(b).

(6) A silviculture worker's time bank, as set out in

section 42(1) of the Act, must be credited at the rates required under

section 37.9(3) of this Regulation.

(7) An employer may charge a silviculture worker a fee for lodging, but may not charge more than a) $25 per day for camp costs, or

b) if the worker is lodged in a motel, the actual cost for that individual to stay at the motel. Specified provision Description

section 37.9 (2) to (9 rovisions for silviculture workers

(8) Part of the Act, except for sections and 49, does not apply to a silviculture worker on condition that the employer pays that silviculture worker in place of statutory holiday pay an amount for each working day that is (

a) i) 3.6% of gross earnings for the pay period on each pay cheque, ii) if the silviculture worker is being paid on a piece rate basis, calculated by multiplying the applicable piece rate by 1.036, or iii) 1 day's pay, calculated by dividing the previous 4 weeks' earnings by the number of days worked in that period, if the silviculture worker did not work on the statutory holiday. and

b) double the silviculture worker's piece rate or regular rate if the silviculture worker worked on the statutory holiday.

(9) Section of the Act does not apply to a silviculture worker on condition that the employer pays that silviculture worker in place of vacation pay (

a) an amount for each day that is

i) equal to 4% of gross earnings for the pay period on each pay cheque, or ii) if the silviculture worker is being paid on a piece rate basis, calculated by multiplying the applicable piece rate by 1.04, and (

b) after consecutive years of employment, an amount for each day that is

i) equal to 6% of gross earnings for the pay period on each pay cheque, or ii) if the silviculture worker is being paid on a piece rate basis, calculated by multiplying the applicable piece rate by 1.06. 4. Appendix is amended by adding the following under the heading "Part of Regulation":

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 575/2000
Type	order_in_council
Volume / chapter	arc oic 0575 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	20fd6151e582ba3cd7c3acf946d10f61b2154e8f

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