The Employment Standards Act (the “Act”) is the legislation in the province that sets out certain minimum terms and conditions of employment for employees of provincially regulated employers in British Columbia. The Act, however, does not apply to everyone.
The Act, for example, does not apply to persons practising as professional engineers (P.Eng.) as defined by the Professional Governance Act and the Bylaws of Engineers and Geoscientists BC. The Act also does not apply to persons who are enrolled as an engineer-in-training (EIT) under the Bylaws of Engineers and Geoscientists BC.
The Act does apply to persons practising as professional geoscientists (P.Geo.) and geoscientists-in-training (GIT), but they may be excluded from certain parts of the Act in certain circumstances, including where:
- The professional geoscientist meets the definition of a “high technology professional” under the Act, in which case the professional geoscientist will be excluded from the following under the Employment Standards Act:
- Part 4 (hours of work and overtime provisions) other than Section 39 (no excessive hours), and
- Part 5 (statutory holiday provisions).
- The professional geoscientist meets the definition of a “manager”, in which case the professional geoscientist will be excluded from the following under the Employment Standards Act:
- Part 4 (hours of work and overtime provisions), and
- Part 5 (statutory holiday provisions).
- The professional geoscientist, other than a percussion drill or diamond drill operator, or a helper of either operator, is a person employed in any of the following activities while exploring for minerals other than oil or gas:
- staking
- line cutting
- geological mapping
- geochemical sampling and testing
- geophysical surveying or manual stripping
In these cases, the professional geoscientist will be excluded from Part 4 (hours of work and overtime provisions) of the Employment Standards Act.
- The professional geoscientist works for an employer in the oil and gas well drilling and servicing industry or in the mining industry, in which case certain provisions of the Employment Standards Act, including Section 40 (overtime), may not apply if certain conditions are met.
- The professional geoscientist is governed by a collective agreement, in which case certain exclusions apply.
Where all or part of the Act does not apply, the parties to the employment relationship are largely responsible for negotiating their own terms.
For employment related advice, Engineers and Geoscientists BC recommends contacting an employment lawyer.