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Volume

46, No. 7

B.C. Reg. 118/2003

The

British Columbia Gazette,

Part II

April 8, 2003

B.C. Reg. 118/2003, deposited March 28, 2003, pursuant to the EMPLOYMENT STANDARDS ACT [Section 127 (2) (a), (b), (

g) and (j)]. Order in Council 318/2003, approved and ordered March 28, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Employment Standards Regulation, B.C. Reg. 396/95, is amended as set out in the attached Schedule. — G. BRUCE, Minister of Skills Development and Labour; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule

Section 37.14 of the Employment Standards Regulation, B.C. Reg. 396/95, is amended

(

a) in subsection (2) by repealing paragraphs (

a) and (c), and

(

b) by adding the following subsections:

(3) Part 4 of the Act, except

section 39, does not apply to a salesperson who is paid entirely or partly by commission and who is employed to sell, or sell a lease arrangement for, automobiles, trucks, recreation vehicles or campers.

(4) Part 5 of the Act does not apply to a salesperson who is paid entirely or partly by commission and who is employed to sell, or sell a lease arrangement for,

(

a) automobiles or trucks, on condition that the employer pays that salesperson, in place of statutory holiday pay, 3.6% of gross earnings for the pay period on each pay cheque, or

(

b) recreation vehicles or campers.

(5) For the purpose of

section 16 of the Act, a salesperson who is paid entirely or partly by commission and who is employed to sell, or sell a lease arrangement for, automobiles, trucks, recreation vehicles or campers must be paid each month according to the following requirements:

(

a) despite the amount earned in commission or other wages, the first payment referred to in

section 17 (1) of the Act must be equal to at least the minimum wage for all hours worked, at the request of the employer, in the pay period;

(

b) the final payment referred to in

section 17 (1) of the Act must be equal to the greater of

(

i) all wages earned in the month, or

(ii) the minimum wage for all hours worked, at the request of the employer, in the month to a maximum of 160 hours,

minus the amount paid under paragraph (a).

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