Whereas there is no exemption under the Employment Standards Act for temporary municipal election workers hired to work on advance and general voting days; And whereas the provincial government has an exemption from Part 4 of the Employment Standards Act relating to hours of work and overtime, and is therefore not required to meet these legislative requirements for temporary election workers: Therefore be it resolved that UBCM request the provincial government to provide to local governments an exemption from Part 4 Hours of Work and Overtime of the Employment Standards Act, except Section 39 which refers to excessive hours of work, as it would relate to temporary election workers during the local government elections and by-elections.
Ministry of Labour Section 35.1 of the Employment Standards Regulation exempts workers appointed under the BC Election Act from Part 4 of the Employment Standards Act, which deals with hours of work and overtime. However, they are not exempt from the provision prohibiting an employer from requiring a worker to work excessive hours section 39 of Part 4. The exemption was established in 2008 based on engagement and input from Elections BC, detailing the specific circumstances of workers appointed under the BC Election Act in relation to provincial elections. The Ministry of Labour is open to considering requests made by the UBCM or its members to extend a similar exemption to specified municipal workers. Such requests should set out the rationale for the requested exemption, along with the scope, impacts and implications of providing the requested exemption.