Canada Gazette, Part I, Volume 155, Number 52: Regulations amending the Exemptions from and Modifications to Hours of Work Provisions Regulations and the Administrative Monetary Penalties (Canada Labour Code) Regulations
December 25, 2021
Statutory authority
Canada Labour Code
Sponsoring department
Department of Employment and Social Development
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Amendments to Part III (Labour Standards) of the Canada Labour Code (the Code) came into force on September 1, 2019, to support work-life balance by providing employees with more predictability in relation to their hours of work. Specifically, the new hours of work provisions require employers to provide their employees with at least 96 hours’ written notice of their work schedules; at least 24 hours’ written notice of shift changes or additions; an unpaid break of at least 30 minutes during every period of 5 consecutive hours of work; and a rest period of at least 8 consecutive hours between work periods or shifts. Included in these amendments to the Code were regulatory authorities allowing the Governor in Council to exempt classes of employees from the application of the new hours of work provisions in cases where they could not be reasonably applied to them or to modify these provisions where their application would be seriously detrimental to the operation of the industrial establishment and/or would be unduly prejudicial to the interests of employees. Final regulations respecting the road transportation, postal and courier, marine (pilotage, marine transportation, long-shoring), and grain (handling/elevators and milling) sectors were published in the Canada Gazette, Part II, on September 1, 2021, and will come into force on February 1, 2022. Amendments to the Exemptions from and Modifications to Hours of Work Provisions Regulations are required to ensure that necessary exemptions and modifications are in place for the air and rail transportation, banking, and telecommunications and broadcasting sectors.
The operational reality in sectors with continuous operations (i.e. those that generally operate 24 hours a day, 7 days a week, such as air and rail transportation) and in sectors with unique scheduling practices (such as banking, telecommunications and broadcasting) is such that scheduling flexibility is required. The proposed Regulations amending the Exemptions from and Modifications to Hours of Work Provisions Regulations and the Administrative Monetary Penalties (Canada Labour Code) Regulations (the proposed Regulations) provide that flexibility.
Some employers in these sectors have indicated that, in most cases, they are unable to fully meet the new obligations in the Code due to operational variables outside of their control. These variables restrict their ability to plan for staffing levels and provide regular breaks, rest periods, schedules and notice of shift changes ahead of time. For example, mechanical issues can have significant impacts on the air transportation sector; weather patterns can have significant impacts on operations and staffing requirements for the rail transportation sector; and customer demand for services and installation as well as the unpredictability of events, such as breaking news and sporting events, can make staffing needs unpredictable in the telecommunications and broadcasting sector. In the case of banking, while many classes of employees work a standard 40-hour work week, a significant number of employees work on the basis of commission (i.e. investment advisors, mortgage specialists) and set their own hours based on their client and personal needs.
In addition, some industries are subject to other federal rules and regulations regarding hours of service such as the Work/Rest Rules developed pursuant to the Rail Safety Act and the Canadian Aviation Regulations administered by Transport Canada. These mandate safety requirements and place restrictions on hours of service. The proposed Regulations seek to address instances where the hours of service requirements do not align with the new hours of work provisions in the Code, presenting additional challenges for employers to meet both obligations.
Background
New hours of work provisions
New hours of work provisions were added to Part III of the Code through amendments in the Budget Implementation Act, 2017, No. 2 and the Budget Implementation Act, 2018, No. 2 to support employees’ work-life balance. These include the following:
| Section of the Code | Provision | Description |
|---|---|---|
| 169.1 | 30-minute break | Employers must provide employees with a break of at least 30 minutes during every period of 5 consecutive hours of work. The break is unpaid, unless the employer requires the employee to be at their disposal during the break period. |
| 169.2 | 8-hour rest period | Employers must provide employees with a rest period of at least 8 consecutive hours between work periods or shifts. |
| 173.01 | 96 hours’ notice of work schedule | Employers must provide employees with their work schedule, in writing, at least 96 hours before the employee’s first work period or shift in that schedule. Employees may refuse to work any work period or shift in their schedule that starts within 96 hours from the time that the schedule is provided to them. This provision does not apply to employees subject to a collective agreement that specifies an alternate notice period or provides that this requirement does not apply. |
| 173.1 | 24 hours’ notice of shift change | Employers must provide employees with at least 24 hours’ notice, in writing, of a shift change or addition. |
Application of the new hours of work provisions
Part III of the Code establishes basic labour standards (e.g. payment of wages, protected leaves) for persons employed in federal Crown corporations and federally regulated private sector industries, such as
- International and interprovincial transportation by land and sea, including railways, shipping, trucking and bus operations;
- Airports and airlines;
- Port operations;
- Telecommunications and broadcasting;
- Banks;
- Industries declared by Parliament to be for the general advantage of Canada or of two or more provinces, such as grain handling and uranium mining; and
- First Nations band councils and Indigenous self-governments.
Part III of the Code does not apply to the federal public service.
All other workplaces, which make up over 90% of the Canadian workforce, are under provincial labour jurisdiction. The new hours of work provisions are applicable to all workplaces subject to Part III of the Code, with certain exceptions and exemptions.
Exceptions and exemptions
The new hours of work provisions do not apply to managers and certain professionals (architects, dentists, engineers, lawyers and medical doctors). Furthermore, the requirements for employers to provide at least 96 hours’ notice of work schedules and at least 24 hours’ notice of shift changes do not apply to a change that results from an employee’s request for a flexible work arrangement that is approved by the employer under subsection 177.1(1) of the Code.
Exceptions for unforeseeable emergencies
The new hours of work provisions are also all subject to an exception for unforeseeable emergencies, which is set out in Part III of the Code. This exception applies in a situation that the employer could not have reasonably foreseen and that could reasonably be expected to present an imminent or serious threat to the life, health or safety of any person, threat of damage to or loss of property or threat of serious interference with the ordinary working of the employer’s industrial establishment. Guidance on the application of the unforeseeable emergency exception is available online in the Interpretations, Policies and Guidelines (IPGs) published by the Labour Program.
Modifications and exemptions by regulation
Section 175 of the Code provides authority for the Governor in Council to make regulations modifying the application of hours of work provisions for certain classes of employees who are employed in or in connection with the operation of any industrial establishment if, in the opinion of the Governor in Council, their application, without modification, would be
- unduly prejudicial to the interests of a class of employees; or
- seriously detrimental to the operation of the industrial establishment.
The Code also provides authority for the Governor in Council to make regulations exempting any class of employees from the application of hours of work provisions if satisfied that these provisions cannot reasonably be applied to that class of employees.
Phased approach to regulatory development
The COVID-19 pandemic prevented stakeholders in certain sectors (including air and rail transportation, banking, telecommunications and broadcasting) from making submissions following a second round of consultations held in February and March 2020. To address this delay, a phased approach has been adopted with respect to the development of regulations concerning exemptions from and modifications to the new hours of work provisions. The first phase of regulatory development includes sectors from which extensive stakeholder feedback was received just before the COVID-19 pandemic, namely the road transportation, postal and courier, marine (pilotage, marine transportation and long-shoring) and grain (grain handling/elevators and milling) sectors. This first phase resulted in the final publication of the Exemptions from and Modifications to Hours of Work Provisions Regulations, which will come into force on February 1, 2022. The second phase will consider exemptions from and modifications to the hours of work provisions in the air and rail transportation, banking, and telecommunications and broadcasting sectors. The Interpretation, Policies and Guidelines 101 (the Interim Measure) will continue to apply to these sectors, in the meantime.
Interim Measure
When numerous provisions modernizing labour standards (including the new hours of work provisions) came into force, there were no exemption or modification regulations in place. In the absence of such regulations and in recognition of the unique operational requirements of certain classes of employees in continuous 24/7 operations, the Labour Program issued Interpretations, Policies and Guidelines 101 (the Interim Measure). The intention was to support employers with their transition to the new Code provisions and allow the Labour Program adequate time to engage in regulatory development. This guidance indicates that employers may continue to apply certain hours of work provisions that existed in the Code prior to September 1, 2019, with respect to targeted classes of employees. The Interim Measure will continue to apply to Phase 1 sectors (road transportation, courier and postal, marine and grain) until regulations come into force on February 1, 2022, and to all Phase 2 sectors until such time as the proposed Regulations come into force.
The Interim Measure is not designed to deny employees their right to file a complaint. The Labour Program can still investigate a complaint related to any of these hours of work provisions, according to the existing complaints handling policy. Subsequently, an Assurance of Voluntary Compliance (AVC) — a written commitment from the employer to correct identified contraventions by a specified date — can be issued. Labour Program officials can also work with employers to provide education and support measures to achieve compliance while work continues on the development of hours of work exemption and modification regulations. To ensure transparency and nationwide consistency of terminology, National Occupational Classification (NOC) codes were used to identify the classes of employees covered by the Interim Measure.
Government notice regarding the application of the 96 hours’ notice of work schedule and the 24 hours’ notice of shift change with respect to on-call and standby workers
On February 22, 2020, a Government Notice (the Notice), entitled Application of sections 173.01 and 173.1 of the Canada Labour Code to on-call and standby employees, was published in the Canada Gazette, Part I. The Notice clarifies how the 96 hours’ notice of work schedule and the 24 hours’ notice of shift change apply with respect to employees who work on the basis of on-call and standby arrangements. The Notice also informed stakeholders that regulations would be forthcoming.
Specifically, the Notice clarifies that, with respect to an on-call or standby employee, an employer satisfies the requirement to provide 96 hours’ notice of a work schedule under section 173.01 of the Code if they provide the employee with their schedule at least 96 hours before the start of the first work period or shift under that schedule, and if they include in that work schedule any period during which the employee will be on-call or on standby. Similarly, an employer satisfies the requirement to provide 24 hours’ notice of a shift change under section 173.1 of the Code if they provide 24 hours’ notice before adding or changing a period during which the employee will be on-call or on standby.
The Notice recognizes that on-call and standby arrangements, which may be part of a collective agreement or an individual employment contract, can be a legitimate business practice used to deal with unforeseeable labour needs.
Administrative monetary penalties
On January 1, 2021, the new Part IV (Administrative Monetary Penalties) of the Code came into force to promote compliance with requirements under Part II (Occupational Health and Safety) and Part III (Labour Standards) of the Code. The Administrative Monetary Penalties (Canada Labour Code) Regulations (the AMPs Regulations) designate and classify violations of obligations under Part II and Part III of the Code and related regulations for which an administrative monetary penalty (AMP) may be issued. Only violations specified in the AMPs Regulations can be subject to an AMP.
Designated labour standards violations are listed and classified under Schedule 2 of the AMPs Regulations. When amendments are made to Part III of the Code or one of its associated regulations, Schedule 2 of the AMPs Regulations must be updated to reflect any new requirement that could be violated.
The AMPs Regulations specify the method used to determine the amount of the penalty included in a notice of violation. The baseline penalty amount applicable to a violation varies depending on the category of person or department believed to have committed a violation and the classification of the violation. With respect to obligations under Part III of the Code, each designated violation is classified as either Type A, B, C or D, in order of increasing severity, according to the level of risk and/or the impact of the violation as outlined in Table 1.
| Type | Part III |
|---|---|
| A | Related to administrative provisions |
| B | Related to the calculation and payment of wages |
| C | Related to leave or other requirements, which could have an impact on the financial security, or health and safety, of an individual or group of individuals |
| D | Related to the employment and protection of employees who are minors |
Amendments to the AMPs Regulations are needed to ensure that requirements set out in the proposed Regulations can be subject to an AMP. This applies in those cases where the proposed Regulations modify a requirement of the Code with respect to a class of employees (e.g. requiring that breaks be provided, but allowing them to be split or postponed). All modified requirements contained in the proposed Regulations are designated as Type C violations, which is the same as for the legislative provisions being modified.
Objective
The primary objective of this regulatory proposal is to support the implementation of new hours of work provisions (sections 169.1, 169.2, 173.01 and 173.1 of the Code) in order to balance the operational realities of certain industries with the legislative goal of providing employees with work-life balance and more predictability in relation to their hours of work.
Description
The proposed Regulations would provide exemptions from and modifications to the hours of work provisions for specific classes of employees. Classes of employees are defined on the basis of occupations or job titles commonly used in each sector, and objective characteristics of the work performed. The proposed Regulations are summarized in the table below.
| Name of employee class | 96 hours’ notice of work schedule | 24 hours’ notice of shift change | 8-hour rest period | 30-minute break |
|---|---|---|---|---|
| Pilots, flight engineers, alternative crew members, flight instructors, pursers, flight attendants, and loadmasters | n/a table a3 note d | E table a3 note a | n/a table a3 note d | M2 table a3 note c |
| Flight dispatchers and flight followers | n/a table a3 note d | E table a3 note a | n/a table a3 note d | M2 table a3 note c |
| Firefighters | n/a table a3 note d | E table a3 note a | n/a table a3 note d | n/a table a3 note d |
| Airfield operations specialists, airfield supervisors, and airfield operations and emergency response specialists | n/a table a3 note d | E table a3 note a | n/a table a3 note d | n/a table a3 note d |
| Millwrights, electricians, heavy duty mechanics, heating, ventilation and air condition (HVAC) specialists, and information technology employees engaged in airport emergency response and preparedness operations | n/a table a3 note d | E table a3 note a | n/a table a3 note d | n/a table a3 note d |
Table a3 note(s)
|
||||
| Name of employee class | 96 hours’ notice of work schedule | 24 hours’ notice of shift change | 8-hour rest period | 30-minute break |
|---|---|---|---|---|
| Locomotive engineers, conductors, brakepersons, yardmasters, assistant yardmasters, locomotive firepersons, hostlers, baggage handlers, yardpersons, switch tenders and car retarder operators engaged in road, passenger, or yard service | n/a table a4 note d | E table a4 note a | n/a table a4 note d | n/a table a4 note d |
| Locomotive engineers, conductors, and brakepersons engaged in road or passenger service | n/a table a4 note d | E table a4 note a | E table a4 note a | E table a4 note a |
| Maintenance of way employees | n/a table a4 note d | E table a4 note a | n/a table a4 note d | M2 table a4 note c |
| Signals and communications equipment maintenance employees | n/a table a4 note d | E table a4 note a | n/a table a4 note d | M2 table a4 note c |
| Shopcraft employees | n/a table a4 note d | E table a4 note a | n/a table a4 note d | n/a table a4 note d |
| Intermodal service employees | n/a table a4 note d | E table a4 note a | n/a table a4 note d | n/a table a4 note d |
| Rail traffic controllers | n/a table a4 note d | E table a4 note a | n/a table a4 note d | n/a table a4 note d |
| Railway police officers | n/a table a4 note d | E table a4 note a | n/a table a4 note d | n/a table a4 note d |
| Service employees on board passenger trains | n/a table a4 note d | n/a table a4 note d | n/a table a4 note d | M2 table a4 note c |
| Service employees on board passenger trains for longer than 24 hours | n/a table a4 note d | n/a table a4 note d | M1 table a4 note b | M2 table a4 note c |
Table a4 note(s)
|
||||
| Name of employee class | 96 hours’ notice of work schedule | 24 hours’ notice of shift change | 8-hour rest period | 30-minute break |
|---|---|---|---|---|
| Commission-paid salespeople employed in the banking sector | E table a5 note a | E table a5 note a | E table a5 note a | E table a5 note a |
Table a5 note(s)
|
||||
| Name of employee class | 96 hours’ notice of work schedule | 24 hours’ notice of shift change | 8-hour rest period | 30-minute break |
|---|---|---|---|---|
| Commission salespersons in the telecommunications and broadcasting sector | E table a6 note a | E table a6 note a | E table a6 note a | E table a6 note a |
| Technicians who install telecommunications equipment on customer property | n/a table a6 note d | n/a table a6 note d | n/a table a6 note d | M2 table a6 note c |
| Producers, technicians and journalists who are working in the production of events that are broadcast live | n/a table a6 note d | n/a table a6 note d | n/a table a6 note d | M2 table a6 note c |
| Producers, technicians and journalists who are working in the production of sporting events that are broadcast live | n/a table a6 note d | n/a table a6 note d | E table a6 note a | M2 table a6 note c |
Table a6 note(s)
|
||||
The AMPs Regulations are also amended to provide that violations of provisions modified by the proposed Regulations (those identified as M1 and M2 in the tables above) constitute a Type C violation. As an exemption removes the obligation, no AMP designation is required in that case.
Regulatory development
Consultation
Initial feedback from the first round of consultations — Summer 2019
Six industry-specific technical meetings — telecommunications and broadcasting, air transportation, rail transportation, postal and courier, road transportation and marine (pilotage, marine transportation and long-shoring) — were held with a total of 68 employer groups and 25 labour and community organizations. Written submissions were received from over 65 stakeholder groups.
Employer and employee groups expressed diverging views regarding the need for exemptions from or modifications to the Code’s new hours of work provisions. Many employers raised significant concerns about the impact of these provisions on continuous operations, as well as their ability to respond to fluctuating customer demand and other conditions over which they have little or no control (e.g. weather, market pressures, employee absences). They expressed worries about their ability to remain competitive while complying with the new hours of work provisions in addition to other regulatory obligations (e.g. requirements administered by Transport Canada). They were also preoccupied that the existing flexibility measures in the Code, including the exception for unforeseeable emergencies, are too narrow to address their concerns. Finally, employers with unionized employees expressed concern about the impact of the new provisions on the collective bargaining process, noting that the application of the new provisions would undermine industry-specific collectively bargained rights, for things such as scheduling and breaks, in favour of a single codified approach.
Most employee representatives, including unions, worker and minority rights organizations, opposed exemptions, stating that the new hours of work provisions are the minimum labour standards that should be available to all employees. They maintained that the provisions play an important role in supporting employees’ work-life balance and well-being and, in some cases, respond to long-standing concerns. They viewed the requests made by employer representatives for exemptions as overly broad and pointed out that impacts on non-unionized employees, in particular, need to be considered. They argued that exemptions should be limited to exceptional circumstances where no alternatives are available to enable the implementation of the new hours of work rules. They recognized that the new provisions will require operational adjustments, but asserted that it is unlikely that they will be seriously detrimental to businesses in most cases. They suggested that any significant need for exemptions or modifications will become evident over time and that actual problems should be addressed once they have manifested themselves. Employee representatives also emphasized that there should be further consultations on specific exemptions or modifications before any regulations are developed.
Industry-specific input from both the 2019 and 2020 consultations will be addressed below.
Feedback from the second round of consultations — Spring 2020
A second round of consultations was held in 2020 during which feedback was sought on a regulatory proposal outlined in a discussion document circulated in advance of the meetings. Seven facilitated meetings dealing with specific sectors — road transportation, air transportation, railway transportation, postal and courier, telecommunications and broadcasting, marine (pilotage, marine transportation and long-shoring) and grain (grain handling/elevators and milling) — were held with a total of 74 employer groups and 22 labour and community organizations in attendance. Written submissions were received from 46 stakeholder groups.
Industry-specific feedback
(a) Air transportation
The Labour Program hosted consultation sessions with stakeholders from the air transportation sector in March 2020. Twenty-five stakeholder groups participated in the consultations and 13 groups provided written submissions.
Most employers requested broad exemptions from the hours of work provisions of the Code, including from the 96 hours’ notice of work schedule and 24 hours’ notice of shift change. They argued that the air transportation sector operates 24 hours a day, 7 days a week and requires flexibility to ensure that staffing requirements due to flight delays or other routine and schedule disrupting circumstances can be adequately filled in order to maintain service. Objections were also raised with respect to the 30-minute break provision, with employers arguing that operations cannot be interrupted to provide such breaks, and that certain classes of employees (such as pilots) are required by the Canadian Aviation Regulations to remain on duty for the duration of their shift for safety reasons. Employer stakeholders operating in remote regions and those conducting charter operations also highlighted the demand-based nature of their schedules and the need for flexibility in order to maintain a Canadian charter air industry and service to remote regions of the country.
The submissions of employee representatives focused on the need to apply a common baseline of employment standards for all workers in the air transportation sector, arguing that the Code should establish a basic standard regardless of occupation or sector. They argued that poor work-life balance has contributed to labour shortages in the air transportation sector and that many of the hours of work provisions are already applied in full or in part through collective agreements or industry practice. Employee groups have also highlighted the need for the hours of work provisions to apply as broadly as possible.
(b) Rail transportation
The Labour Program hosted a consultation session with stakeholders from the federally regulated rail sector in March 2020. Twelve stakeholder groups participated in the consultations and eight provided written submissions.
Most employers requested broad exemptions from the hours of work provisions of the Code, arguing that certain new entitlements are already provided for in collective agreements or would otherwise be seriously detrimental to the ability of the rail sector to adequately staff trains and offer the supporting activities required to conduct rail operations. For example, multiple employers requested that employees in the running trades (those who operate locomotives and are responsible for train management while en route) be exempted from the 30-minute break provision, as it would not be practical, from a time standpoint, to perform the action of stopping and securing a train in order for an employee to be provided with a 30-minute break. Employers also requested exemptions from the 24 hours’ notice of shift change requirement for all classes of employees who may need to rapidly address an urgent and/or emergency issue, such as railway police or employees engaged in track and signal maintenance due to weather events or mechanical failures.
The submissions of employee representatives focused on the need to apply a common baseline of employment standards for all workers in the federal jurisdiction, arguing that low compliance with collective agreements and the lack of a strong work-life balance create a need for the hours of work provisions in the Code to be applied as broadly as possible. Employee representatives were amenable to certain exemptions or modifications, such as those necessary to accommodate common practices in the industry like late notice being provided to employees performing seasonal track and signal maintenance. Overall, they argued that the provisions should be applied as broadly as possible.
(c) Banking
Banking sector stakeholders participated in consultation sessions hosted by the Labour Program from May to August 2019. Seven organizations participated in the consultations.
Stakeholders expressed concerns with respect to the application of the 30-minute break, the 8-hour rest period, the 96 hours’ notice of work schedule and the 24 hours’ notice of shift change. They expressed concern about a potential lack of flexibility in addressing emerging situations outside of the employer’s control (such as market pressures or information technology service and repairs). While the stakeholders understood that emergency exceptions exist, they expressed concern that these exceptions may not provide the flexibility they need. Should the emergency exceptions not apply in a given situation, an employer’s inability to address the situation could have serious impacts on the organization and its clients, both nationally and internationally.
(d) Telecommunications and broadcasting
The Labour Program held consultation sessions with stakeholders in the telecommunications and broadcasting sectors in March 2020. In total, 11 stakeholders participated in the consultation session and seven written submissions were received.
Several employers in the telecommunications sector requested broad exemptions based on concerns that new hours of work provisions would require significant operational adjustments and would have a significant negative impact on the essential services (i.e. Internet and telecommunications services) they provide to Canadians and the economy. Employers were concerned that, due to the limited number of skilled employees and the technical nature of on-site installations and repairs, finding replacement and/or backup employees would become even more difficult under the new Code requirements. They also expressed concern that the new provisions would not offer the high level of flexibility required to ensure that their services are continuously available to meet the needs of Canadians.
Employers in the broadcasting sector requested exemptions for journalists from the 24 hours’ notice of shift change, 8-hour rest period and 30-minute break provisions on the basis that these employees need to provide news coverage of breaking events quickly and employers do not always have the required staff or ability to grant 8 hours of rest between each period of work in these circumstances.
The Labour Program received several submissions from unions in this sector stating that many collective agreements already offer similar or greater rights than the new provisions. These submissions also suggested that there is already enough flexibility in the industry to allow for adjustments to the new provisions without the need for exemptions or modifications.
On-call workers
Over the course of the 2020 consultations, employer and employee groups provided feedback on the notice regarding the application of the 96 hours’ notice of work schedules and 24 hours’ notice of shift change to on-call and standby employees. Although some stakeholders indicated a preference for regulations over the notice, the Labour Program maintains that the notice adequately addresses issues regarding the application of the new provisions to on-call and standby employees.
Modern treaty obligations and Indigenous engagement and consultation
No impacts on modern treaties have been identified in relation to this proposal. However, as many on-reserve Indigenous employers and employees may be impacted by this regulatory proposal, Indigenous partners were invited to participate in the engagement/information sessions held in summer 2019. The Labour Program received one submission from an Indigenous organization, the Ontario Federation of Indigenous Friendship Centres. This submission focused mainly on aspects of the new legislation other than the hours of work provisions.
Instrument choice
Pursuant to section 175 of the Code, the Governor in Council has the authority to make regulations exempting classes of employees from the new hours of work provisions and modifying these provisions for application to certain classes of employees. No other instrument is appropriate to provide for exemptions from and modifications to the Code’s provisions.
Regulatory analysis
This section presents an analysis of the anticipated incremental differences between two scenarios: (1) a baseline scenario that reflects the implementation of the hours of work provisions; and (2) the proposed regulatory scenario in which exemptions from and modifications to the provisions are in place for certain classes of employees. The baseline takes into consideration operational realities faced by employers and employees in the implementation of the new hours of work provisions, particularly in businesses that operate on a continuous, 24/7 basis. The implementation of these new provisions may create negative impacts, such as creating difficulties for continuous operations employers and those with unique scheduling needs to replace employees in critical operations with less than 24 hours’ notice. The proposed Regulations will resolve those issues and provide greater clarity and certainty for both employers and employees in federally regulated workplaces. The impacts of this regulatory proposal on employers and employees may be limited in instances where current industry practices reflect the application of the new provisions, as outlined in the Interim Measure.
The analysis of the impacts of the proposed Regulations is based primarily on observations and feedback conveyed by employer and employee groups throughout the regulatory development process, including two rounds of stakeholder consultations. This information is supplemented by research undertaken by the Labour Program, including an analysis of existing labour standards and related exemptions as well as research regarding similar provisions in collective agreements (length and frequency of break periods, advance notice of work shifts, etc.).
The impacts of the proposed Regulations have been assessed in qualitative terms. The benefits of the proposed Regulations (such as continued employment due to more viable workplaces and the ability to maintain continuous business operations) and their costs (such as the loss of predictability regarding breaks and rest periods for certain employees) are difficult to measure in quantitative terms.
Affected stakeholders
The proposed Regulations would apply to federally regulated employees and employers in the air and rail transportation, banking and telecommunications and broadcasting sectors. There are approximately 653 000 employees in these sectors. Compared to a Canadian labour force of 20.3 million, the employees affected represent about 3.2% of the Canadian workforce.
Benefits and costs
Benefits to employers
Lower operational costs to business: The proposed Regulations benefit employers by addressing their need to maintain the continuity of business operations through relief from the requirements of the hours of work provisions. Employers with continuous operations and unique scheduling practices asserted that the new hours of work requirements would impede their ability to respond to fluctuating customer demands and other conditions over which they have little control (e.g. weather, market pressures, customer demand), while also challenging their ability to remain competitive due to the upward pressure on costs. The proposed Regulations would bring relief to employers from legislative obligations, with respect to targeted classes of employees, through exemptions or modifications in situations where the provisions cannot reasonably be applied or would cause serious adverse effects to business operations or employees.
Benefits to employees
Employment security because of increased viability of businesses: Industrial establishments that remain operational offer employees continued employment. Employees would benefit from the higher viability of employers, which is afforded by the regulatory flexibility created by the exemptions and modifications. As the proposed Regulations reduce possible negative impacts of the legislation on employers, employees will benefit from employers not needing to institute cost-saving measures to meet new hours of work requirements that have the potential to cause detriment to the industrial establishment.
Preserved flexibility and predictability: The implementation of the hours of work provisions would impact commission-paid salespeople who set their own hours, making them work prescriptive hours rather than setting their own schedules. In some cases, this could result in a loss of commission income, and would likely have a detrimental impact on their work-life balance. As exemptions have been proposed to address these industry-specific situations, employees will benefit from not having a reduction in flexibility or income.
Additionally, during consultations, some stakeholders stated that they rely on casual and temporary employees to fill last-minute staffing needs to maintain operations. Stakeholders voiced concern that, without exemptions or modifications allowing for flexible scheduling adjustments, there could be an increase in on-call work in order to meet industry needs. By developing a set of clear exemption and modification regulations offering flexibility to meet industry-specific scheduling needs, the proposed Regulations mitigate the risk of employers increasing their reliance on on-call scheduling, thus preserving overall access to scheduled hours of work.
Reduction in work-life balance benefits: Although employees are expected to benefit from continuity of employment and preserved flexibility and predictability, they may experience a reduction in the work-life balance benefits associated with the Code’s new hours of work provisions. Exemptions contained in the regulatory proposal for both the 96 hours’ notice of schedules and 24 hours’ notice of shift change will decrease scheduling certainty for employees. Employees will have to be more flexible in managing unpredictable scheduling changes. In the case of modifications to break and rest provisions, employees would also have less certainty about when breaks can be taken, as modifications allow for the postponement of breaks to another time during the shift or work period. As the proposed Regulations create exemptions and modifications to the Code’s hours of work provisions for certain classes of employees, employees in those classes will not receive the full benefit of increased predictability of scheduling and improved work-life balance associated with these provisions.
Costs
The costs of the proposed Regulations, which are expected to be minimal and have not been monetized, include costs associated with adapting behaviour to new scheduling practices and costs to the Government of Canada to communicate the proposed regulatory changes.
Costs to employers
Human resource scheduling costs: Minor costs may be associated with adjusting business operations as they relate to human resources and systems management to develop employee schedules based on the proposed criteria and to adapt breaks and rest periods accordingly. These costs are anticipated to be negligible, with implementation being secured through well-established and existing administrative and human resources procedures. There is no anticipated increase in the number of work hours or the number of employees for employers to maintain existing operations.
Costs to the Government of Canada
Communications: Costs associated with communication activities and the development of operational guidance by the Government of Canada are estimated to be approximately $20,000, which will be carried entirely in the first year following the coming into force of these proposed Regulations.
Small business lens
The proposed Regulations would provide relief to small businesses in the form of cost reduction, by creating exemptions and modifications that address industry-specific scheduling needs and operational realities respecting shifts, breaks and rest periods. Without these exemptions and modifications, certain business operations would face significant negative effects (such as unsustainable costs to cover employee overlap or an inability to maintain operations due to low staffing numbers). In some cases, this would result in negative impacts on the working conditions of employees, as small businesses would be unable to replace absent staff in work settings where team size is already small. Any costs associated with the proposed Regulations are related to the need to adjust certain internal human resources and scheduling systems and are expected to be minimal. It is therefore expected that small businesses will generally benefit from the introduction of the proposed Regulations.
One-for-one rule
The one-for-one rule does not apply, as there is no incremental change in administrative burden on businesses and no regulatory titles are repealed or introduced.
It should be noted that new record-keeping requirements supporting compliance and enforcement of the hours of work requirements that came into effect on September 1, 2019, were included in amendments to subsection 24(2) of the Canada Labour Standards Regulations published in the Canada Gazette, Part II, on June 12, 2019. An additional set of proposed consequential amendments, which include an amendment to subsection 24(2) of the Canada Labour Standards Regulations, were published in the Canada Gazette, Part I, on June 26, 2021, to address record-keeping requirements supporting compliance and enforcement of the modifications to the new hours of work provisions. These amendments will come into force on February 1, 2022, at the same time as the Exemptions from and Modifications to Hours of Work Provisions Regulations for Phase 1 (road transportation, postal and courier, marine, and grain sectors).
Regulatory cooperation and alignment
Transport Canada is responsible for various regulations that stipulate hours of service rules for certain sectors, including the air and rail (running trades) transportation sectors. Whereas Transport Canada rules and regulations are generally aimed at ensuring public safety, hours of work provisions under the Code are intended to ensure employee work-life balance and well-being. Employers must comply with both the Code and Transport Canada rules and regulations. Throughout the development of the proposed Regulations, the Labour Program has consulted Transport Canada officials responsible for administering regulations pertaining to work rest rules and safe staffing assignments for the rail running trades and the air transportation sector. The proposed Regulations would resolve minor misalignments identified between requirements under the Code and regulations administered by Transport Canada.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus (GBA+)
The policy goal of the legislative provisions is to improve work-life balance, which is of particular importance to women working in non-traditional jobs, immigrants who are more commonly working in part-time or temporary work, and men who are becoming increasingly engaged in family responsibilities. As the proposed Regulations provide exemptions from and modifications to the legislation, the proposal has the potential to have a larger impact on those groups. While many groups are likely to be impacted by measures affecting work-life balance, data is currently only available relating to gender. The 2015 Federal Jurisdiction Workplace Survey shows that employees working in the air and rail transportation, telecommunications and broadcasting sectors are predominately male, as has traditionally been the case throughout the history of these sectors. For this reason, the proposal will proportionally have more of an impact, which is expected to be positive, on men. Women will also experience a positive impact, albeit of a lower proportion.
This regulatory proposal has two key benefits for employees:
- employment security (as workplaces will have the flexibility to meet industry needs and remain competitive); and
- the preservation of key elements of the new hours of work provisions while maintaining levels of pay and hours of work for employees that would otherwise have been decreased or lost due to inflexibility in scheduling.
The proposed Regulations are expected to decrease benefits to employees in two ways:
- decreased work-life balance; and
- decreased certainty about breaks, rest periods and schedules for classes of employees for which a modification or exemption has been proposed.
The decreased benefits will have a proportionally higher impact on men in the workforce, but individually this may have a higher impact on women. A recent Statistics Canada publication showed that women still manage the majority of household duties, regardless of whether or not they work outside the home.footnote 1 The inability to balance work and family duties acts as a barrier to women entering certain workplaces. Women who are not able to pursue careers in male-dominated workplaces are economically disadvantaged, since these jobs typically offer better remuneration than those requiring similar skills in other workplaces. Labour standards that foster more reliable work schedules may allow more women to enter non-traditional workplaces.
Rationale
(a) Air transportation
Employees such as pilots, flight engineers, alternative crew members, flight instructors, pursers, flight attendants, loadmasters, flight followers and dispatchers are responsible for operating aircraft, providing services to aircraft passengers, providing real-time information to flight crews, and managing cargo and weight distribution in-flight. Aircraft schedules are highly dynamic in Canada, with approximately 25% of scheduled flights being delayed or cancelled due to weather conditions, maintenance requirements, or other factors (such as the volume of airport activity). Alternative mechanisms for filling last-minute shift vacancies are not practical or sufficient for these classes of employees. Reserve (on-call) employees are available in some cases, but operators still rely on voluntary short-notice shift changes to staff a significant number of remaining vacancies. Overstaffing would be cost prohibitive and impractical due to limited space availability on aircraft. Under the Air Passenger Protection Regulations, flight cancellations or delays due to lack of staff may have significant financial consequences for airlines. Provisions concerning the 24 hours’ notice of shift change cannot reasonably be applied to these classes of employees as they are required for the aircraft to operate. Furthermore, the existing exception in the Code for unforeseeable emergencies generally does not apply to routine schedule modifications and shift cancellations due to weather, technical issues, and illness. In addition, due to the dynamic nature of their duties, unless relief staff are available, employees in these classes cannot take breaks mid-flight or mid-shift, and must take breaks between flights or when it is safe to do so. While it is not possible for these employees to take breaks on a prescriptive schedule, with enough flexibility it is possible for them to have some form of a break during their shift. Therefore, a modification is proposed to ensure flexibility for these employees to take breaks between flights, or during flights if practical (e.g. if relief personnel are available). A modification in this case, rather than a full exemption, will ensure that employees’ need for work-life balance and rest are balanced with the sectoral need for flexibility.
Employees such as airfield operations specialists, airfield supervisors, airfield operations emergency response specialists, firefighters, millwrights, electricians, heavy duty mechanics, HVAC specialists, and information technology employees are responsible for airspace management, wildlife control, runway operations, passenger and crew safety and emergency response, as well as maintenance and control of the systems (IT, electrical, HVAC, machines, etc.) that enable airport operations. These employees must be present in order for an airport to function safety and effectively. As part of routine operations, they may need to be brought in or have the timing of their shift changed with limited notice. When this occurs, scheduling mechanisms such as leaving the vacancy unfilled or using on-call staff would not be feasible in this sector. A lack of flexibility could also lead to a significant increase in the number of employees classified as on-call, to the detriment of their work-life balance. The inability to make required schedule changes or replace absent employees could pose significant risks to safety and to the normal operation of the industrial establishment. The requirement to provide 24 hours’ notice of shift changes cannot reasonably be applied to these employees, as they are essential in ensuring the safety of individuals and emergency preparedness at airports, and ongoing repairs and maintenance.
As the majority of events impacting the timing of flights and staffing needs in this industry are unpredictable and outside of the employer’s control, flexibility in terms of scheduling and breaks is required. Without such flexibility, there would be significant negative impacts on flight operations, resulting in the grounding of flights and the inability of the employer to provide vital customer service and ensure safety for crews and passengers.
(b) Rail transportation
Relevant employees in this sector are responsible for various duties — the operation of trains; the maintenance of trains and of communications and signals equipment; the maintenance of rail infrastructure; the direction of traffic; the maintenance of safety; the handling of cargo; and customer service — all of which are critically important to the operations of the rail industry. In this highly interconnected sector, scheduling is unpredictable and based on factors outside of the employer’s control (such as weather, customer demands, other regulatory frameworks). To address this challenge, the rail industry, through decades of collective bargaining, has developed a specialized scheduling system.
Maintenance of way, signals and communications equipment employees must respond to unexpected breakdowns of the equipment and infrastructure needed to keep rail operations running. This often results in unplanned changes to work schedules. In those cases, this type of unexpected work cannot be planned. In the case of both unplanned and planned maintenance work, any employee absences must be filled on an urgent basis, as work cannot be delayed or postponed. In order to maintain safe operations, employers require flexibility for scheduling, breaks and rest periods.
Additionally, as trains run continuously, often in remote locations, it is impractical to have a rigid set of rules with respect to when breaks and rest periods can be taken. On average, a train will take 90 minutes to fully stop and have individual car brakes properly and manually applied, and then subsequently released each time. This type of stop would be required to give breaks to any on-board members of the running trades, as all members of a rail operation team are required for safe operations. Additionally, in some cases, compensation for running trades is based on a pay-for-mileage model, meaning that in those cases a break would extend the employee’s duty without increasing pay. With these factors in mind, it would be impractical to stop a train in order to provide rest periods and breaks for on-board employees in the way prescribed by the legislation. Where possible, a modification, rather than a full exemption to the 30-minute break provision, has been proposed to ensure that employees’ need for work-life balance and rest are balanced with the sectoral need for flexibility.
Customer service staff is responsible for ensuring passenger safety and providing services aboard passenger trains, from serving food to providing cleaning services. These services are not necessarily essential, in that the train can continue to operate without them; however, these employees are a key component of passenger train experience and services. Throughout their shift, these employees are focused on addressing passenger needs and maintaining the safety of passengers. Due to space concerns as well as concerns around cost and the availability of trained personnel, there is a limited number of customer service personnel on board each train, particularly for extended trips spanning multiple days. With this in mind, as well as the unpredictable nature of customer demand, it is often impractical for these employees to take breaks and rest periods in the way prescribed by the Code. In order to address unique situations while meeting customers’ needs and maintaining safe operations, employers require flexibility around how the 30-minute break and 8-hour rest provisions can be applied to this class of employees.
As presented above, the rail industry is unique and operates continuously, and has specific safety and customer service requirements. Proposed exemptions and modifications were developed to create flexibility and were proposed in cases where the new Code provisions cannot be reasonably applied to relevant classes of employees, would be unduly prejudicial to the interest of employees and/or where they pose a serious detriment to the operations of the industrial establishment.
(c) Banking
Some employees in this sector (e.g. financial advisors, mortgage specialists, investment specialists) work on commission-based compensation models. They control their own schedules and are compensated based on sales, not the number of hours worked. They are highly mobile, working most of the time away from the employer’s premises and supervision. As they are not tied to their employer’s hours of operation or subject to scheduling from the employer, they make themselves available when their customers need them. This means that they routinely work long and irregular hours (often in the evenings and on weekends). Additionally, the Banking Industry Commission-paid Salespeople Hours of Work Regulations already include exemptions related to the Code’s hours of work provisions for these employees (such as exemptions from maximum hours and overtime). Any prescriptive hours of work requirements would limit their wages and work-life balance and therefore cannot reasonably be applied to this class of employees.
(d)Telecommunications and broadcasting
Employees in this industry fall under two key categories: (1) those working as commission-paid employees; and (2) those working wage or salary work. Commission-paid employees set their own schedules and work on a commission-based compensation model. These employees are already exempt from existing hours of work provisions under the Code, such as maximum hours and overtime provisions through the Broadcasting Industry Commission Salesmen Hours of Work Regulations. Employees in this class arrange their schedules in an autonomous manner, taking into account their client and personal scheduling needs. Therefore, the prescriptive nature of the new provisions would diminish employees’ ability to manage their work-life flexibility. Being a salesperson is a competitive high demand client-driven profession; prescriptive scheduling would not allow employees to adjust their schedules to their individual client needs, which could result in an overall loss of sales and income. Such outcomes are contrary to the intent of the new provisions of the Code. Any prescriptive hours of work requirements would limit their wages and work-life balance and therefore cannot reasonably be applied to this class of employees.
For employees working as journalists, technicians and/or producers of broadcasting events, flexibility is required. Due to the “just-in-time” nature of the work, breaks and rest periods cannot be provided in a prescribed way, as production and installation needs are unpredictable and often cannot be paused. In the case of live broadcasting, not only is production time-sensitive but it is also unpredictable as the employer cannot predict things such as the length of sporting events or the timing of breaking news. Overall, there would be a direct impact on the quality of service and broadcasts produced should breaks and rest periods have a mandated schedule. This would be seriously detrimental to the operation of the industrial establishment. The proposed Regulations include modifications for breaks and exemptions to rest periods that would allow them to be scheduled flexibly for certain classes of employees in this industry, allowing employers to meet industry standards while ensuring that the new hours of work provisions can be applied as broadly as possible.
Implementation, compliance and enforcement, and service standards
Implementation
The classes of employees to whom the exemptions or modifications would apply are easily identifiable (on the basis of occupation), which should prevent potential confusion and misapplication. Outreach and education activities were completed to inform employers and employees of new hours of work provisions and other recent changes to federal labour standards. Also, the Labour Program published several IPGs to support employers and employees in understanding the new hours of work provisions of the Code. When the proposed Regulations come into force, additional outreach and education activities will be carried out, and additional IPGs will be developed as needed, to ensure that stakeholders understand their rights and responsibilities under the new regulatory framework.
Compliance and enforcement
Compliance with the Code’s hours of work provisions, as modified by the proposed Regulations, will be achieved using a variety of approaches along a compliance continuum. This may include educating and counselling employers on their obligations, seeking an AVC from the employer, or issuing a compliance order to cease the contravention and take steps to prevent its reoccurrence. To address more serious or repeated violations, an AMP under the new Part IV of the Code may be issued. To learn more about how AMPs may be issued, please consult the IPGs entitled Administrative Monetary Penalties - Canada Labour Code, Part IV - IPG-106.
Coming into force
The provisions of the proposed Regulations would have a delayed coming into force of five months following final publication in the Canada Gazette, Part II, for the rail transportation, banking, telecommunications and broadcasting sectors. The provisions in the proposed Regulations for the air transportation sector would come into force 10 months following final publication in the Canada Gazette, Part II. The provisions from the Exemptions from and Modifications to Hours of Work Provisions Regulations concerning Phase 1 sectors (road transportation, courier and postal, marine and grain) will come into force on February 1, 2022.
Contact
Ourania Moschopoulos
Acting Director
Labour Standards and Wage Earner Protection Program
Employment and Social Development Canada — Labour Program
Place du Portage, Phase II, 10th Floor
165 De l’Hôtel-de-Ville Street
Gatineau, Quebec
J8X 3X2
Email: EDSCDMTConsultationNTModernesConsultationModernLSWDESDC@labour-travail.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council, pursuant to paragraphs 175(1)(a)footnote a and (b)footnote b and subsection 270(1)footnote c of the Canada Labour Codefootnote d, proposes to make the annexed Regulations amending the Exemptions from and Modifications to Hours of Work Provisions Regulations and the Administrative Monetary Penalties (Canada Labour Code) Regulations.
Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Ourania Moschopoulos, Acting Director, Labour Standards and Wage Earner Protection Program, Employment and Social Development Canada, Place du Portage, Phase II, 10th floor, 165 de l’Hôtel-de-Ville Street, Gatineau, Quebec J8X 3X2 (tel.: 613‑700‑2260 ; email: EDSCDMTConsultationNTModernesConsultationModernLSWDESDC@labour-travail.gc.ca).
Ottawa, December 16, 2021
Wendy Nixon
Assistant Clerk of the Privy Council
Regulations amending the Exemptions from and Modifications to Hours of Work Provisions Regulations and the Administrative Monetary Penalties (Canada Labour Code) Regulations
Exemptions from and Modifications to Hours of Work Provisions Regulations
1 The heading before section 26 and sections 26 to 27 of the Exemptions from and Modifications to Hours of Work Provisions Regulationsfootnote 2 are replaced by the following:
PART 4
Banking Sector
Application
26 This Part applies to persons who are employed in the banking sector.
Commission-paid salespeople
27 Commission-paid salespeople are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act.
PART 5
Telecommunications Sector and Broadcasting Sector
Application
28 This Part applies to persons who are employed in the telecommunications sector or the broadcasting sector.
Commission-paid salespeople
29 Commission-paid salespeople are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act.
Technicians — installation on customer property
30 With respect to technicians who install telecommunications equipment on customer property and who are employed in the telecommunications sector, subsection 169.1(1) of the Act is modified as follows:
Break
169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.
Producers, technicians, journalists — live broadcast
31 With respect to producers, technicians and journalists who are working in the production of events that are broadcast live and who are employed in the broadcasting sector, subsection 169.1(1) of the Act is modified as follows:
Break
169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.
Producers, technicians, journalists — live sporting events
32 Producers, technicians and journalists who are working in the production of sporting events that are broadcast live and who are employed in the broadcasting sector are exempt from the application of section 169.2 of the Act.
PART 6
Rail Transportation Sector
Application
33 This Part applies to persons who are employed in the rail transportation sector.
Locomotive engineers, conductors and brakepersons
34 Locomotive engineers, conductors and brakepersons who are employed in road or passenger service are exempt from the application of sections 169.1 and 169.2 of the Act.
Road, passenger or yard service employees
35 The following road, passenger or yard service employees are exempt from the application of section 173.1 of the Act:
- (a) locomotive engineers;
- (b) conductors;
- (c) brakepersons;
- (d) yardmasters;
- (e) assistant yardmasters;
- (f) locomotive firepersons;
- (g) hostlers;
- (h) baggage handlers ;
- (i) yardpersons;
- (j) switch tenders; and
- (k) car retarder operators.
Other employees
36 The following employees are exempt from the application of section 173.1 of the Act:
- (a) maintenance of way employees;
- (b) signals and communications equipment maintenance employees;
- (c) shopcraft employees;
- (d) intermodal service employees;
- (e) rail traffic controllers; and
- (f) railway police officers.
Maintenance employees
37 With respect to signals and communications equipment maintenance and maintenance of way employees, subsection 169.1(1) of the Act is modified as follows:
Break
169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.
Service employees
38 (1) With respect to service employees who are employed on board passenger trains, subsection 169.1(1) of the Act is modified as follows:
Break
169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.
Modification — section 169.2 of the Act
(2) With respect to service employees who are employed on board passenger trains for longer than 24 consecutive hours,
- (a) subsection 169.2(1) of the Act is modified as follows:
Rest period
169.2 (1) Every employee is entitled to and shall be granted a rest period of at least six consecutive hours during each 24-hour period in which they work a work period or shift.
- (b) subsection 169.2(2) of the of the English version of the Act is modified as follows:
Exception
(2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts which would result in them having a rest period of fewer than six consecutive hours during each 24-hour period in which they work a work period or shift, if it is necessary for the employee to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious
- (a) threat to the life, health or safety of any person;
- (b) threat of damage to or loss of property; or
- (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.
2 The Regulations are amended by adding the following after section 38:
PART 7
Air Transportation Sector
Application
39 This Part applies to persons who are employed in the air transportation sector.
Firefighters
40 Firefighters are exempt from the application of section 173.1 of the Act.
Airfield employees
41 Airfield operations specialists, airfield supervisors, and airfield operations emergency response specialists are exempt from the application of section 173.1 of the Act.
Emergency response and preparedness
42 Millwrights, electricians, heavy duty mechanics, heating, ventilation and air conditioning (HVAC) specialists and information technology employees engaged in airport emergency response and preparedness operations are exempt from the application of section 173.1 of the Act.
In-flight operations and service
43 (1) Pilots, flight engineers, alternative crew members, flight instructors, pursers, flight attendants and loadmasters are exempt from the application of section 173.1 of the Act.
Modification — subsection 169.1(1) of the Act
(2) With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:
Break
169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.
Flight dispatchers and flight followers
44 (1) Flight dispatchers and flight followers are exempt from the application of section 173.1 of the Act.
Modification — subsection 169.1(1) of the Act
(2) With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:
Break
169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.
Administrative Monetary Penalties (Canada Labour Code) Regulations
| Item | Column 1 Provision |
Column 2 Violation Type |
|---|---|---|
| 12 | 30 | C |
| 13 | 31 | C |
| 14 | 37 | C |
| 15 | 38(1) | C |
| 16 | 38(2)(a) | C |
| Item | Column 1 Provision |
Column 2 Violation Type |
|---|---|---|
| 17 | 43(2) | C |
| 18 | 44(2) | C |
Coming into Force
5 (1) Subject to subsection (2), these Regulations come into force on the day that, in the fifth month after the month in which they are registered, has the same calendar number as the day on which they are registered or, if that fifth month has no day with that number, the last day of that fifth month.
(2) Sections 2 and 4 come into force on the day that, in the tenth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that tenth month has no day with that number, the last day of that tenth month.
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