Canada Labour Standards Regulations (C.R.C., c. 986)

Regulations are current to 2017-11-06 and last amended on 2015-03-16. Previous Versions

Canada Labour Standards Regulations

C.R.C., c. 986

CANADA LABOUR CODE

Regulations Respecting Hours of Work, Wages, Annual Vacations, General Holidays, Reassignment, Maternity Leave and Parental Leave, Bereavement Leave, Group and Individual Termination of Employment and Severance Pay, Work-Related Illness and Injury in Federal Works, Undertakings and Businesses

Short Title

 These Regulations may be cited as the Canada Labour Standards Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means Part III of the Canada Labour Code; (Loi)

    Director

    Director[Repealed, SOR/94-668, s. 2]

    post

    post means, in respect of a document, to post in readily accessible places where the document is likely to be seen by the employees to whom it applies, and to keep the document posted for the period during which it applies. (afficher)

  • (2) Where, under these Regulations, any notice, application or other document is required or authorized to be filed with or sent to the regional director, it shall be filed with or sent to the regional director whose office is located at the city nearest to the place where the employee concerned resides.

  • SOR/91-461, s. 2;
  • SOR/94-668, s. 2.

Exclusion of Professions

 Division I of the Act does not apply to members of the architectural, dental, engineering, legal or medical professions.

  • SOR/78-560, s. 1;
  • SOR/91-461, s. 3(F).

Modified Work Schedule

 A notice that is required by subsection 170(3) or 172(3) of the Act to be posted before a work schedule takes effect shall contain the information set out in Schedule III.

  • SOR/78-560, s. 2;
  • SOR/91-461, s. 4;
  • SOR/94-668, s. 3.
  •  (1) Where, in accordance with subsection 170(1) or 172(1) of the Act, the parties to a collective agreement have agreed in writing to a modified work schedule, the written agreement shall be dated and contain the information set out in Schedule III.

  • (2) Where, in accordance with subsection 170(2) or 172(2) of the Act, at least 70 per cent of the employees affected by the establishment or modification of a work schedule have approved that work schedule, the employer shall post a notice of the new work schedule containing the information set out in Schedule III.

  • SOR/91-461, s. 5;
  • SOR/94-668, s. 3.

Averaging

  •  (1) Where the nature of the work in an industrial establishment necessitates that the hours of work of certain employees be irregularly distributed with the result that those employees

    • (a) have no regularly scheduled daily or weekly hours of work, or

    • (b) have regularly scheduled hours of work that vary in number from time to time,

    the hours of work of each of those employees in a day and in a week may be calculated as an average over an averaging period of two or more consecutive weeks.

  • (2) The averaging period referred to in subsection (1) may be changed in accordance with these Regulations, but shall not exceed the number of weeks necessary to cover the period in which fluctuations in the hours of work of the employees take place.

  • (3) Before averaging hours of work under subsection (1) or changing the number of weeks in the averaging period, the employer shall, at least 30 days before the date on which the averaging or the change takes effect,

    • (a) post a notice of intention to average hours of work or change the number of weeks in the averaging period, containing the information set out in Schedule IV; and

    • (b) provide a copy of the notice to the regional director and every trade union representing any affected employees who are subject to a collective agreement.

  • (4) Where averaging of hours of work is in effect, the employer shall post a notice containing the information set out in Schedule IV.

  • (5) Where the parties to a collective agreement have agreed in writing to average the hours of work of employees or to change the averaging period and the written agreement is dated and contains the information set out in Schedule IV, the employer need not satisfy the requirements of subsections (3) and (4).

  • (6) Where the hours of work of employees are calculated as an average pursuant to subsection (1),

    • (a) the standard hours of work of an employee shall be 40 times the number of weeks in the averaging period;

    • (b) the maximum hours of work of an employee shall not exceed 48 times the number of weeks in the averaging period; and

    • (c) the overtime rate established pursuant to section 174 of the Act shall be paid for all hours worked in excess of the standard hours of work referred to in paragraph (a), excluding those hours for which a rate at least one and one-half times the regular rate of wages has been paid prior to the end of the averaging period.

  • (7) Subject to subsection (8), the standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by eight hours for every day during the averaging period that, for an employee, is a day

    • (a) of bereavement leave with pay;

    • (b) of annual vacation with pay;

    • (c) of leave of absence with pay under subsection 205(2) of the Act;

    • (d) of general or other holiday with pay; or

    • (e) that is normally a working day in respect of which the employee is not entitled to regular wages.

  • (8) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall not be reduced by more than 40 hours for any week that, for an employee, is a week

    • (a) of annual vacation with pay;

    • (b) of leave of absence with pay under subsection 205(2) of the Act; or

    • (c) that is normally a working week in respect of which the employee is not entitled to regular wages.

  • (9) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by 40 hours for every period of seven consecutive days, in the averaging period, during which an employee is not entitled to regular wages.

  • (10) Where an employee whose hours of work are averaged pursuant to subsection (1) terminates the employee’s employment during the averaging period, the employer shall pay the employee’s regular rate of wages for the actual hours worked during the completed part of the averaging period.

  • (11) Where, during the averaging period, an employer lays off or terminates the employment of an employee whose hours of work are averaged pursuant to subsection (1), the employer shall pay the employee at the overtime rate of wages established under section 174 of the Act for any hours worked, but not previously paid, in excess of 40 times the number of weeks in the completed part of the averaging period.

  • (12) An employer who has adopted an averaging period under subsection (1) shall not alter the number of weeks in the averaging period or cease to calculate the average hours of work of employees unless the employer has, at least 30 days before making either change,

    • (a) posted a notice of the change; and

    • (b) provided a copy of the notice to the regional director and every trade union representing any affected employees who are subject to a collective agreement.

  • (13) Where, before the end of an averaging period, an employer alters the number of weeks in the averaging period applicable to employees or ceases to calculate the average hours of work of employees, the employer shall pay those employees, at the overtime rate established pursuant to section 174 of the Act, for any hours worked in excess of 40 times the number of weeks in the completed part of the averaging period.

  • SOR/91-461, s. 6;
  • SOR/94-668, s. 3;
  • SOR/2002-113, s. 1(F).

 Notwithstanding the requirements of these Regulations, section 174 of the Act does not apply in circumstances where there is an established work practice that

  • (a) requires or permits an employee to work in excess of standard hours for the purposes of changing shifts;

  • (b) permits an employee to exercise seniority rights to work in excess of standard hours pursuant to a collective agreement; or

  • (c) permits an employee to work in excess of standard hours as the result of his exchanging a shift with another employee.

  • SOR/91-461, s. 7.

Weekly Rest

  •  (1) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are agreed to in writing under section 172 of the Act, the work schedule shall include no fewer days of rest than the number of weeks in the work schedule.

  • (2) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are authorized under section 176 of the Act, the Minister may specify in a permit referred to in section 176 of the Act that the hours of work in a week need not be scheduled as required by section 173 of the Act during the period of the permit and, having regard to the conditions of employment in the industrial establishment and the welfare of the employees, may prescribe in the permit alternative days of rest to be observed.

  • SOR/91-461, s. 8;
  • SOR/94-668, s. 4.
 
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