POA Decision – 2001/03/20-02 – Order Ending Exemption for Certain Non-Resident Employers and Workers from the Application of Part 3 of the Act
The Panel of Administrators ordered that, effective August 1, 2001, the exemption from coverage under the Act for certain non-resident employers and workers who temporarily work in BC, is ended in respect of its application to the occupational health and safety provisions in Part 3 of the Act. In addition, the Panel approved consequential amendments to Policy No. 20:30:40 and Policy No. 20:10:20 of the Assessment Policy Manual. The policy amendments also took effect on August 1, 2001. The existing exemption applies to non-resident workers and employers who are excluded by Policy 20:30:40 of the Assessment Policy Manual. That policy provides that non-resident firms are not required to register with the Board if they have no place of business in BC, do not employ a BC resident and "temporarily" carry on business in BC. Whether a firm is "temporarily" carrying on business in BC depends on the number of visits it makes to BC each year as well as the total number of days it works in this province. The policy sets out different criteria for firms engaged in trucking. Currently exempted non-resident employers and workers will continue to be exempted, after August 1, 2001, from the application of the assessment and compensation provisions in Part 1 of the Act.