Employment Standards Regulation - Convenience Copy Only

Silviculture workers

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

2. An employer of a silviculture worker must
   1. implement a shift schedule that consists of
      1. no more than 5 consecutive days of work followed by a day off, and
      2. within each month at least 2 consecutive days off or at least 8 non-consecutive days off, or
   2. an employer may implement an alternative shift schedule that consists of up to 9 consecutive days of work followed by at least 2 consecutive days off, or no more than 10 consecutive days of work followed by a minimum of 4 consecutive days off as long as:
      1. the work is being done at a remote camp to which there is no ready access,
      2. written approval has been received from the majority of the affected employees, and
      3. employees receive at least 8 days off in a month.

3. A silviculture worker paid on a piece rate basis must receive at least
   1. the equivalent of minimum wage for the first eight hours worked,
   2. the equivalent of minimum wage times 1.5 or the applicable piece rate, whichever is greater, for any time worked over 8 hours, and
   3. double the piece rate for all time worked over 12 hours in a day.

4. A silviculture worker paid a regular wage must receive at least
   1. 1.5 times the employee's regular wage for the time over 8 hours, and
   2. double the employee's regular wage for any time over 12 hours.

5. A silviculture worker working a shift schedule set out in subsection (2) of this section must receive at least
   1. if subsection (2) (a) of this section applies, 1 ½ times the piece rate or regular wage for any time worked beyond the schedule set out in (2) (a),
   2. if subsection (2) (b) of this section applies, 1 ½ times 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 subsection (3), (4) or (5) of this section.

7. If the employee agrees in writing, the employer may charge a silviculture worker a fee for lodging provided by the employer, but may not charge more than
   1. $25 per day for camp costs, or
   2. if the worker is lodged in a motel, the actual cost for that individual to stay at the motel.

8. Part 5 of the Act, except for section 48, does not apply to a silviculture worker on condition that the employer pays that silviculture worker, in place of statutory holiday pay,
1. 3.6% of gross earnings for the pay period on each pay cheque, or
2. if the silviculture worker is being paid on a piece rate basis, a sum calculated by multiplying the applicable piece rate by 1.036, or

9. Section 58 of the Act does not apply to a silviculture worker on condition that the employer pays that silviculture worker in place of vacation pay
   1. an amount for each day that is
      1. equal to 4% of gross earnings for the pay period on each pay cheque, or
      2. if the silviculture worker is being paid on a piece rate basis, calculated by multiplying the applicable piece rate by 1.04, and

   2. after 5 consecutive years of employment, an amount for each day that is
      1. equal to 6% of gross earnings for the pay period on each pay cheque, or
      2. if the silviculture worker is being paid on a piece rate basis, calculated by multiplying the applicable piece rate by 1.06.