logging

B.C. log haulers have special rules applying to them, different from the general rules for commercial drivers. For those readers inclined to do so, I invite you to go to the B.C. government’s website at http://www.th.gov.bc.ca/cvse/national_safety_code.htm and examine the entire regulation, paying particular attention to section 37.15. For those who want a simplified version, the government has posted a summary on its website called “Hours-of-Service Rules—Loggers”.

Almost every logging contract contains a provision which states that the logger’s relationship to the licensee is that of an “independent contractor”. What does this mean? In the traditional sense, being an independent contractor comes down to control of the work process; to enjoying the profits of a successful operation and risking the loss of an unsuccessful project; and to ownership of the capital, i.e. the equipment. It is easier to define “independent...

A log harvester that successfully bids on a B.C. Timber Sale will harvest the timber and sell it to one or more mills. Usually the sale price is negotiated, and the mill indicates that it will deduct stumpage from that price and remit that directly to the government. In most cases, that system works just fine. In some cases, however, where that mill is suffering financial difficulties, that can become a real problem for the log harvester. Sometimes the mill pays late; sometimes it...

The law concerning the “prime contractor designation” under the Workers Compensation Act has been a hot topic recently, in spite of the fact that this law has been around since 1999. In my view, it is necessary to put this law into its proper perspective. For the moment, let’s ignore the prime contractor provision and examine the other aspects of the Workers Compensation Act. On a typical logging block, the WCB considers there to be two owners, namely the Ministry of Forests...