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(2) Where an employee is employed in any week during a period described in subsection (1) in not less than two of the classes of employment described therein and he works the greatest number of hours in that week in a class of employment described in paragraph (a) or (b) thereof,
(a) his standard hours of work as determined according to subsection 7(1), and
(3) Subject to subsection (4), where an employee works as described in subsection (1), section 174 of the Act does not apply in respect of any time worked by the employee in a day or week while employed as a highway motor vehicle operator.
(4) Where the total working hours of an employee described in subsection (1) exceeds 60 hours in any week, all hours worked in excess of 60 shall be counted as overtime.
(5) Where an employee described in subsection (1) works the greatest number of hours in a week as an employee referred to in paragraph (c) thereof, his standard and maximum hours of work while working as described in paragraphs (a) and (c) thereof shall be counted for the purpose of the Canada Labour Standards Regulations but no account shall be taken of any hours worked as an employee described in paragraph (b) thereof for that purpose.
7 (1) Subject to subsection (2), where an employee is employed in any day or in any week in not less than two of the following classes of employees,
his standard hours of work in any such day or week, as the case may be, shall be deemed to be the standard hours of work for the class of employment in which he works the greatest number of hours in that day or week.
(2) Subject to subsection (3), where an employee works as described in subsection (1), section 174 of the Act does not apply in respect of any time worked by the employee in a day or week while employed as a highway motor vehicle operator.
(3) Where the total working hours of an employee described in subsection (1) exceeds 60 hours in any week, all hours worked in excess of 60 shall be counted as overtime.
2 In these Regulations,
city motor vehicle operator means a motor vehicle operator who operates exclusively within a 10-mile radius of his home terminal and is not a bus operator and includes any motor vehicle operator who is classified as a city motor vehicle operator in a collective agreement entered into between his employer and a trade union acting on his behalf or who is not classified in any such agreement but is considered to be a city motor vehicle operator according to the prevailing industry practice in the geographical area where he is employed; (conducteur urbain de véhicule automobile)
working hours means all hours from the time that a motor vehicle operator begins his work shift as required by his employer until the time he is relieved of his job responsibilities but does not include any time
(c) resting en route as one of two operators of a motor vehicle that is fitted with a sleeper berth, or
(4) Where a permit referred to in subsection (3) has been issued in respect of a motor vehicle operator, the hours of work set out in the permit shall be regarded as the standard hours of work for that operator.
1 These Regulations may be cited as the Motor Vehicle Operators Hours of Work Regulations.
