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

Marginal note:Vote

• 172.1 (1) Where a work schedule is established, modified or cancelled pursuant to subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request an inspector to conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation.

• Marginal note:Duty of inspector

  (2) Where a request has been made under subsection (1), the inspector shall conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation.

• Marginal note:Confidentiality

  (3) A request made under subsection (1), the ballots and any other documents relating to the vote are confidential and shall not be given to the employer.

• Marginal note:Counting of ballots

  (4) The inspector shall count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer.

• Marginal note:Communication of result of vote

  (5) The inspector shall report the result of the vote to the regional director, who shall then inform the employer, by written notice, of the result.

• Marginal note:Effect of non-approval

  (6) Where the result of the vote indicates that less than seventy per cent of the affected employees approve the new schedule or its modification or cancellation, the employer shall comply with the result of the vote within thirty days after being informed of that result by the regional director.

• Marginal note:Regulations

  (7) The Governor in Council may make regulations respecting the conduct of votes under this section.

• Marginal note:Statutory Instruments Act not applicable

  (8) The Statutory Instruments Act does not apply in respect of the written notice given by the regional director to the employer pursuant to subsection (5).

Marginal note:Duration

• 172.2 (1) A work schedule that is established or modified under subsection 170(1) or 172(1) remains in effect for the duration of the written agreement between the employer and the trade union.

• Marginal note:Idem

  (2) A work schedule that is established or modified under subsection 170(2) or 172(2) remains in effect for three years or for such shorter period as is agreed to by the parties.

Marginal note:Scheduling hours of work

173 Except as may be otherwise prescribed by the regulations, hours of work in a week shall be so scheduled and actually worked that each employee has at least one full day of rest in the week, and, wherever practicable, Sunday shall be the normal day of rest in the week.

Marginal note:Notice — work schedule

• 173.01 (1) The employer shall provide an employee with their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule.

• Marginal note:Right to refuse

  (2) Subject to subsection (3), an employee 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.

• Marginal note:Exception

  (3) An employee shall not refuse to work a work period or shift if it is necessary for them 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.

• Marginal note:Exception — subsection 177.1(1)

  (4) Subsection (1) does not apply to a change to an employee’s work schedule following a request made under subsection 177.1(1).

• Marginal note:Prohibition

  (5) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work a work period or shift under subsection (2) or take such a refusal into account in any decision to promote or train the employee.

• Marginal note:Non-application of subsection 196(4)

  (6) Subsection 196(4) does not apply in respect of a work period or shift that an employee refuses to work under subsection (2).

• Marginal note:Non-application — collective agreement

  (7) This section does not apply to employees who are employed under the terms of a collective agreement that specifies an alternate time frame for providing the work schedule or provides that this section does not apply to those employees.

Marginal note:Shift changes

• 173.1 (1) If an employer changes a period or shift during which an employee is due to work or adds another work period or shift to the employee’s schedule, the employer shall give the employee written notice of the change or addition at least 24 hours before

  • (a) in the case of a change, the employee’s original work period or shift is to begin or, if the work period or shift that results from the change is to begin earlier than the original work period or shift, before the period or shift that results from the change is to begin; and

  • (b) in the case of an addition, the work period or shift that was added is to begin.

• Marginal note:Exceptions — threat

  (2) Subsection (1) does not apply if the change to or addition of a work period or shift is necessary 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.

• Marginal note:Exception — subsection 177.1(1)

  (3) Subsection (1) does not apply to a change to or addition of a work period or shift following a request made under subsection 177.1(1).

Marginal note:Overtime pay or time off

• 174 (1) Subject to any regulations made under section 175, when an employee is required or permitted to work overtime, they are entitled to

  • (a) be paid for the overtime at a rate of wages not less than one and one-half times their regular rate of wages; or

  • (b) be granted not less than one and one-half hours of time off with pay for each hour of overtime worked, subject to subsections (2) to (5).

• Marginal note:Conditions

  (2) An employee is entitled to time off for overtime worked only if,

  • (a) at their request, they and the employer enter into an agreement in writing providing for the taking of time off, subject to paragraph (b) and subsections (3) to (5), on a date or dates agreed on by them and the employer; and

  • (b) the time off is taken within a period of three months after the end of the pay period in which the overtime was worked, or within any longer period set out in

    • (i) if the employee is subject to a collective agreement, the collective agreement, or

    • (ii) if the employee is not subject to a collective agreement, the agreement referred to in paragraph (a) or any other agreement in writing entered into by them and the employer.

• Marginal note:Maximum period

  (3) The longer period referred to in paragraph (2)(b) shall not be more than 12 months for an employee who is not subject to a collective agreement.

• Marginal note:Time off not taken within specified period

  (4) If the employee does not take all or part of the time off within the applicable period referred to in paragraph (2)(b), the employer shall, within 30 days after the day on which that period ends, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages on the day on which they worked the overtime.

• Marginal note:Termination of employment

  (5) If an employee ceases to be employed before the employee takes all or part of the time off referred to in paragraph (1)(b), the employer shall, within 30 days after the day on which the employee ceases to be employed, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages on the day on which the employee worked the overtime.

• Marginal note:Application of section 189

  (6) Section 189 applies for the purposes of this section.