Employment Standards Act (ESA) – Labor Law – study guide
What is the employment standards act? - correct answer ✔✔Employment standards in British
Columbia are governed by the Employment Standards Act ("Act" or "ESA") and the Employment
Standards Regulation ("Regulation").
what is the purpose of the act? - correct answer ✔✔¡The purpose of the Act is to provide
employees in British Columbia with at least basic standards of compensation and conditions of
employment.
The act provides__________? - correct answer ✔✔The Act provides minimum standards.
Employers and employees are free to enter into agreements which provide higher standards
than the Act but cannot enter into an agreement which offers less than the Act.
who does the act apply to? - correct answer ✔✔¡The Act applies to all employees in British
Columbia unless the employee is specifically exempted from the Act: See SS. 1 and 3(1) of the
ESA.
¡The exemptions are contained within the Employment Standards Regulation ("Regulation"):
See Part 7 of the Regulations. [see s.31]
¡Some employees, such as professional engineers, doctors, accountants, veterinarians , realtors,
naturopaths, chiropractors and lawyers, are exempted from the operation of the Act as a whole.
[S.31]
¡Other employees, such as managers and "high technology professionals", firefighters,
university faculty members, police, are exempt only from portions of the Act.[s.34]
what is the scope of the act? - correct answer ✔✔Scope of this Act
, 3 (1) Subject to this section, this Act applies to all employees other than those excluded by
regulation.
what happens when there is a dispute to whether a person is an employee or an independent
contractor? - correct answer ✔✔When disputes arise as to whether a person is an employee
under a certain statute, courts and tribunals have resorted to the common law and civil law
tests to determine employee status.
The "control"; "four-fold" and "integration" tests are but a few tests used by courts to
determine whether a worker is part of the payer's business ('employee") or in business on his
own account ("independent contractor")
What is the Control Test? - correct answer ✔✔¡This was the first attempt to clarify the
relationship between a worker and a payer. It was set out in Regina v. Walker (1858).
¡
¡The Control Test was simply assessing the presence or absence of control a manager or
supervisor might or might not have over their worker.
"...A principal has the right to direct what the agent has to do; but a master has not only that
right, but also the right to say how it is to be done." [Regina v. Walker, (1858) 27 L.J.M.C. 207]
¡This test was seen as too simplistic especially in recent years, when highly skilled and
professional workers possess skills beyond the ability of their employers to direct
The Fourfold Test - correct answer ✔✔¡This test was developed in a 1947 Privy Council decision
in Montreal v. Montreal Locomotive Works Ltd. et al where the court stated:
"... It has been suggested that a fourfold test would in some cases be more appropriate, a
complex involving (1) control; (2) ownership of the tools; (3) chance of profit; (4) risk of loss.
Control in itself is not always conclusive." [Montreal v. Montreal Locomotive Works Ltd. et al,
[1947] 1 D.L.R. 161]
What is the employment standards act? - correct answer ✔✔Employment standards in British
Columbia are governed by the Employment Standards Act ("Act" or "ESA") and the Employment
Standards Regulation ("Regulation").
what is the purpose of the act? - correct answer ✔✔¡The purpose of the Act is to provide
employees in British Columbia with at least basic standards of compensation and conditions of
employment.
The act provides__________? - correct answer ✔✔The Act provides minimum standards.
Employers and employees are free to enter into agreements which provide higher standards
than the Act but cannot enter into an agreement which offers less than the Act.
who does the act apply to? - correct answer ✔✔¡The Act applies to all employees in British
Columbia unless the employee is specifically exempted from the Act: See SS. 1 and 3(1) of the
ESA.
¡The exemptions are contained within the Employment Standards Regulation ("Regulation"):
See Part 7 of the Regulations. [see s.31]
¡Some employees, such as professional engineers, doctors, accountants, veterinarians , realtors,
naturopaths, chiropractors and lawyers, are exempted from the operation of the Act as a whole.
[S.31]
¡Other employees, such as managers and "high technology professionals", firefighters,
university faculty members, police, are exempt only from portions of the Act.[s.34]
what is the scope of the act? - correct answer ✔✔Scope of this Act
, 3 (1) Subject to this section, this Act applies to all employees other than those excluded by
regulation.
what happens when there is a dispute to whether a person is an employee or an independent
contractor? - correct answer ✔✔When disputes arise as to whether a person is an employee
under a certain statute, courts and tribunals have resorted to the common law and civil law
tests to determine employee status.
The "control"; "four-fold" and "integration" tests are but a few tests used by courts to
determine whether a worker is part of the payer's business ('employee") or in business on his
own account ("independent contractor")
What is the Control Test? - correct answer ✔✔¡This was the first attempt to clarify the
relationship between a worker and a payer. It was set out in Regina v. Walker (1858).
¡
¡The Control Test was simply assessing the presence or absence of control a manager or
supervisor might or might not have over their worker.
"...A principal has the right to direct what the agent has to do; but a master has not only that
right, but also the right to say how it is to be done." [Regina v. Walker, (1858) 27 L.J.M.C. 207]
¡This test was seen as too simplistic especially in recent years, when highly skilled and
professional workers possess skills beyond the ability of their employers to direct
The Fourfold Test - correct answer ✔✔¡This test was developed in a 1947 Privy Council decision
in Montreal v. Montreal Locomotive Works Ltd. et al where the court stated:
"... It has been suggested that a fourfold test would in some cases be more appropriate, a
complex involving (1) control; (2) ownership of the tools; (3) chance of profit; (4) risk of loss.
Control in itself is not always conclusive." [Montreal v. Montreal Locomotive Works Ltd. et al,
[1947] 1 D.L.R. 161]
