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Volume 46, No. 24

B.C. Reg. 432/2003

The British Columbia Gazette,

Part II

December 2, 2003

B.C. Reg. 432/2003, deposited November 28, 2003, pursuant to the EMPLOYMENT STANDARDS ACT [Section 127]. Order in Council 1149/2003, approved and ordered November 27, 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; C. CLARK, Presiding Member of the Executive Council.

Schedule

Section 1 (1) of the Employment Standards Regulation, B.C. Reg. 396/95, is amended by repealing the definition of "farm worker" and substituting the following:

"farm worker" means a person employed in a farming, ranching, orchard or agricultural operation and whose principal employment responsibilities consist of

(

a) growing, raising, keeping, cultivating, propagating, harvesting or slaughtering the product of a farming, ranching, orchard or agricultural operation,

(

b) clearing, draining, irrigating or cultivating land,

(

c) operating or using farm machinery, equipment or materials for the purposes of paragraph (

a) or (b), or

(

d) direct selling of a product referred to in paragraph (

a) if the sales are done at the operation and are only done during the normal harvest cycle for that product,

but does not include any of the following:

(

e) a person employed to process the products of a farming, ranching, orchard or agricultural operation other than to do the initial washing, cleaning, sorting, grading or packing of

(

i) an unprocessed product of the operation during the normal harvest cycle for that product, or

(ii) during the same harvest cycle referred to in subparagraph (i), the same or a similar unprocessed product purchased by the operation from another farming, ranching, orchard or agricultural operation;

(

f) a landscape gardener or a person employed in a retail nursery;

(

g) a person employed in aquaculture; .

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