Answer: The available evidence suggests that problems with worker payment have been increasingly rare since the introduction of Section 37.9 of the Employment Standards Regulation in BC, and that the vast majority of employers in British Columbia comply with employment rules and regulations.

A history of the issue

Prior to 2000, employers in the tree planting industry operated with few rules to address the distinct transient and piece-rate nature of the industry. This included lower- production workers earning less than minimal wage, and employers using "bonuses" such as an extra penny-per-tree to coerce workers into staying longer than they wished on a jobsite. However, the introduction of Section 37.9 of the Employment Standards Regulation in 2000 introduced special rules for silviculture workers, and problems with pay compliance have become rare.

Available data

To explore this issue, a review was conducted of decisions from the  British Columbia Employment Standards Tribunal (EST) from 2015 to 2025. The EST hears appeals of cases that are made by the Director of Employment Standards (represented by the Employment Standards Branch or ESB). Among the 1269 cases filed in the past ten years, there were no cases linked to the tree planting or silviculture industry. The most recent known case of employment standards violation resulting in a tribunal decision occurred in 2010, with a decision against Khaira Enterprises (BC EST # D043/11). In this case, it was the diligence of other compliant industry employers that originally resulted in authorities being informed of potential problems with Khaira, who went out of business following the decision.

It is not clear if the same levels of compliance are followed in other provinces, but it is noted that the majority of tree planting work in Alberta is conducted by large employers who are also active in British Columbia. It is also noted that the reviewed data does not capture cases involving small employers who have gone out of business or entered bankruptcy while still owing wages to their workers.

Caveats

It must be acknowledged that the Employment Standards Branch does not share records of complaints that are settled before reaching the tribunal. Thus, is is likely that some tree planting workers have not pursued valid complaints, or that they filed complaints with the branch that were either effectively resolved at the first level of review. The Employment Standards Branch has estimated that over 80% of all complaints are resolved in favor of workers, indicating that the office is generally effective in its role in protecting workers' rights.

It also should be acknowledged that cases involving smaller employers who have gone out of business without paying their workers are not included in the tribunal case records. Larger companies with a long history in the industry are generally unable to simply "disappear with the money". However, there have been several cases of small operators closing up shop or going bankrupt, leaving workers without paychecks. Given that the vast majority of employment is accounted for by larger employers, losses associated with smaller employers have been limited. However, workers should remain vigilant when working with a smaller and newer operation, and verify that the company has the financial means to guarantee their pay if a contract should fail.

Questions to ponder

It may be asked if tree planting workers have socioeconomic disadvantages that limit their ability to bring grievances to the Employment Standards Branch (and tribunal). However, the abundance of cases from the agriculture and service industries indicate that socioeconomic status does not comprise an insurmountable barrier against disadvantaged groups being successful in asserting their employment rights through these mechanisms. Furthermore, tree planting workers include a large contingent of university students who possess educational credentials to assist them in lodging potential grievances.

It is standard practice for tree planting employers in BC to post copies of Section 37.9 of the Employment Standards Regulation in the workplace to ensure that workers are aware of the special legal protections afforded to them under this regulation. In fact, Section 37.9 was brought into effect through the joint efforts of the Western Silvicultural Contractors Association (WFCA) and a group of workers, who collaborated to establish base requirements for payment of silviculture workers.  

Moving forward

It remains possible that errors are made in payroll, and workers may still take steps to negotiate increases or improvements in their pay. However, there is no evidence to suggest the tree planting industry is characterized by widespread exploitation or any distinct pattern of non-compliance in employment standards, particularly when compared with other entry-level manual labour jobs.  In the case that a worker does feel that they have been unfairly treated, they can contact the Employment Standards Branch of the Ministry of Labour. Offices in central tree planting hub communities such as Prince George have key staff with specialized knowledge of the regulations that apply to tree planting, who can help workers with potential grievances.