Minimum Wage for Farm Workers - Regulation Part 4, Section 18

---

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

---

Summary

This section explains how minimum wage for certain types of farm workers must be calculated and the wage calculation information employers must post for these employees.

---

Text of Legislation

Minimum wage — farm workers

18. (1) The minimum wage, including 4% of gross earnings vacation pay, for farm workers who are employed on a piece work basis and hand harvest the following berry, fruit or vegetable crops, is, for the gross volume or weight picked, as follows:

(a) apples $23.14 a bin (27.1 ft³ / 0.767 m³);

(b) apricots $26.63 a 1/2 bin (13.7 ft³ / 0.388 m³);

(c) beans $0.699 a kg;

(d) blueberries $1.184 a kg;

(e) Brussels sprouts $0.487 a kg;

(f) cherries $0.672 a kg;

(g) grapes $24.60 a 1/2 bin (13.7 ft³ / 0.388 m³);

(h) mushrooms $0.703 a kg;

(i) peaches $24.60 a 1/2 bin (12.6 ft³ / 0.357 m³);

(j) pears $26.06 a bin (27.1 ft³ / 0.767 m³);

(k) peas $0.873 a kg;

(l) prune plums $26.06 a 1/2 bin (13.7 ft³ / 0.388 m³);

(m) raspberries $1.065 a kg;

(n) strawberries $1.027 a kg.

(1.1) The minimum wage for farm workers who are employed on a piece work basis and hand harvest daffodils is $0.186 a bunch (10 stems) for gross number picked.

(1.2) For the purposes of the adjustment under section 16.2 (3) [annual adjustment of minimum wage] of the Act of a minimum wage described in subsection (1) or (1.1) of this section,

(a) the minimum wage is adjusted every year on December 31, beginning on December 31, 2024, and

(b) in the case of a minimum wage that is described by reference to the gross weight or number of the crop picked, the adjusted minimum wage is rounded to the nearest multiple of $0.001 or, if the adjusted minimum wage is equidistant from 2 consecutive multiples, to the higher multiple.

(2) Each employer of farm workers must display, in a location where they can be read by all employees, notices stating the following:

(a) the volume of each picking container being used;

(b) the volume or weight of fruit, vegetables or berries required to fill each picking container;

(c) the resulting piece rate.

(3) Farm workers described in subsection (1), and their employers, are exempted from section 58 of the Act on condition that the farm workers receive not less than the minimum wage described in subsection (1).

(4) A farm labour contractor must keep records of the following information:

(a) the name of each worker;

(b) the work site location and dates worked by each worker;

(c) the fruit, vegetable, berry or flower crop picked in each day by each worker;

(d) the volume or weight picked in each day by each worker.

(5) The records required by subsection (4) must

(a) be in English,

(b) be kept at the employer's principal place of business in British Columbia, and

(c) be retained by the employer for 2 years after the employment terminates.

---

Policy Interpretation

Section 16 of the Employment Standards Act requires that employees must be paid at least the minimum wage as set out in the regulations. This section of the Regulation sets out the piece rates which apply specifically to farm workers who are hand harvesting the berry, fruit or vegetable crops listed in subsection (1) and daffodils listed in subsection 1.1.

Subsection (1)

Farm workers, who are paid on a piece work basis and who hand harvest berry, fruit or vegetable crops as listed below, are entitled to receive no less than the corresponding minimum wage rates as set out in the Regulation. These rates include vacation pay based on 4% of gross earnings.

Crop	Rate effective January 1, 2024
Apples	$23.14 a bin (27.1 ft3 / 0.767 m3)
Apricots	$26.63 a 1/2 bin (13.7 ft3 / 0.388 m3)
Beans	$0.317 a pound / $0.699 a kg
Blueberries	$0.537 a pound / $1.184 a kg
Brussels sprouts	$0.221 a pound / $0.487 a kg
Cherries	$0.305 a pound / $0.672 a kg
Grapes	$24.60 a 1/2 bin (13.7 ft3 / 0.388 m3)
Mushrooms	$0.319 a pound / $0.703 a kg
Peaches	$24.60 a 1/2 bin (12.6 ft3 / 0.357 m3)
Pears	$26.06 a bin (27.1 ft3 / 0.767 m3)
Peas	$0.396 a pound / $0.873 a kg
Prune plums	$26.06 a 1/2 bin (13.7 ft3 / 0.388 m3)
Raspberries	$0.483 a pound / $1.065 a kg
Strawberries	$0.466 a pound / $1.027 a kg
Daffodils*	$0.186 a bunch (10 stems)

*This rate does not include vacation pay

Subsection (1.1)

The wording of this subsection does not include vacation pay in the piece rate. Farm workers who are paid on a piece work basis to hand harvest daffodils are entitled to receive vacation pay in addition to the piece rate.

Subsection (1.2)

Beginning on December 31st, 2024, the piece rates in this section are adjusted every year on December 31st, following the formula set out in s.16.2 of the Employment Standards Act.

For piece rates measured per kilogram (beans, blueberries, Brussels sprouts, cherries, mushrooms, peas, raspberries and strawberries), the rates are rounded to the nearest tenth of a cent.

Subsection (2)

Every employer of farm workers paid by a piece work rate must display notices providing the following information in a location that can be read by all employees:

• the volume of each picking container being used;
• the volume or weight of the fruit, vegetables or berries required to fill each picking container; and
• the resulting piece rate.

Subsection (3)

Any farm worker described in subsection (1) is excluded from receiving vacation pay under s.58 of the Employment Standards Act, on the condition that the farm worker receives not less than the minimum wage rate established in subsection (1).

Note: In subsections (1) above, the piece rate includes vacation pay based on 4% of gross earnings.

Farm workers who are not employed on a piece work basis and who do not hand harvest any of the berry, fruit or vegetable crops described in subsection (1) are entitled to the minimum hourly wage established in s.15 of this Regulation and s.58 of the Act.

Subsection (4)

Each farm labour contractor must keep the following records for each worker:

• name of each worker;
• work site location and dates worked by each worker;
• the fruit, vegetable, berry or flower crop picked by each worked on each day; and
• the volume or weight picked by each worker on each day.

Subsection (5)

The above information, as required under subsection (4), must be in English and must be kept at the employer’s principal place of business in British Columbia.

The records must be in English and must be kept by the employer for 2 years after an employee’s employment ends.

In addition to the record keeping requirements under this section of the Regulation, a farm labour contractor also has a duty to keep records and display information prominently at the site where work is to be performed, and on all vehicles used for transporting employees, in accordance with sections 6 and 6.1 of this Regulation.

In accordance with s.47 of this Regulation, if a farm labour contractor does not comply with the requirements to display the required notices as stated in subsection 18(2), this may result in a complaint under s.74 of the Act. Where there is found to be a contravention of a section of the Act or Regulation, this may result in a determination being issued under s.79 of the Act. Where a determination is issued under s.79, an escalating monetary penalty will apply in accordance with s. 98 of the Act, in amounts calculated under s. 29 of this Regulation.

December 31, 2024 changes

On December 31, 2024, the minimum wage for farm workers employed on a piece work basis will change.

---

Related Information

Related sections of the Act or Regulation

ESA

• s.1, Definition, “farm labour contractor”
• s.1, Definition, “producer”
• s.13, Farm labour contractors must be licensed
• s.16.2, Annual adjustment of minimum wage
• s.30, Producer and farm labour contractor are liable for unpaid wages
• s.79, Determinations and consequences
• s.98, Monetary penalties
• s.125, Offences

ESR

• s.1, Definition, “farm worker”
• s.5, Licensing of farm labour contractors
• s.5.1, Calculation of security
• s.6, Duties of farm labour contractors
• s.6.1, Additional duties of farm labour contractors – posting safety notices in vehicles
• s.6.2, Administrative fee – transportation costs
• s.7, Cancellation or suspension of farm labour contractor ’s licence
• s.8, If there is a change of directors or officer
• s.9, Rules about licences
• s.10, If a licence is refused, cancelled or suspended
• s.11, Surrender of licence
• s.12, Appeals from the refusal, cancellation and suspension
• s.34.1, Hours of work and overtime for farm workers
• s.39, Exclusions from farm labour contractor licensing requirements
• s.40.1, Exclusions from payday requirements for certain farm workers
• s.40.2, Exclusion from payment options for farm labour contractors
• s.47, Complaints of contravention of this regulations

Other

Farm Workers

Farm Labour Contractors