Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Standard hours of work

• 169. (1) Except as otherwise provided by or under this Division

  • (a) the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and

  • (b) no employer shall cause or permit an employee to work longer hours than eight hours in any day or forty hours in any week.

• Marginal note:Averaging

  (2) Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may be prescribed by the regulations, as an average for a period of two or more weeks.

• Marginal note:Duration of averaging

  (2.1) The averaged hours of work calculated pursuant to subsection (2) remain in effect

  • (a) where the averaging of hours of work is agreed to in writing by an employer and a trade union, for the duration of that agreement or for such shorter period as is agreed to by the parties; or

  • (b) where the averaging of hours of work is not agreed to in writing by an employer and a trade union, for no longer than three years.

• Marginal note:General holidays in week

  (3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of his employer during the holidays.

Marginal note:Modified work schedule

• 170. (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

  • (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

  • (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

• Marginal note:Idem

  (2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

  • (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

  • (b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

• Marginal note:Posting of notice

  (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.