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

Regulations are current to 2021-09-11 and last amended on 2021-07-01. Previous Versions

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 Head of Compliance and Enforcement 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.

 During an averaging period, hours of work may be scheduled and actually worked without regard to section 173 of the Act.

  • SOR/91-461, s. 8

Employees Under 17 Years of Age

[
  • SOR/91-461, s. 9
]
  •  (1) An employer may employ a person under the age of 17 years in any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if

    • (a) the person is not required, under the law of the province in which they are ordinarily resident, to be in attendance at school; and

    • (b) the work in which the person is to be employed

  • (2) An employer may not cause or permit an employee under the age of 17 years to work between 11 p.m. on one day and 6 a.m. on the following day.

  • (3) [Repealed, SOR/99-337, s. 1]

  • (4) [Repealed, SOR/91-461, s. 10]

  • SOR/80-687, s. 1
  • SOR/81-284, s. 1
  • SOR/86-477, s. 1
  • SOR/91-461, s. 10
  • SOR/96-167, s. 1
  • SOR/99-337, s. 1
  • SOR/2002-113, s. 2
  • SOR/2019-168, s. 5

Apprenticeship

 An employer is exempted from the application of section 178 of the Act in respect of any of the employer’s employees who are being trained on the job if those employees are apprentices registered under a provincial apprenticeship Act and are being paid in accordance with a schedule of rates established under such an Act.

  • SOR/91-461, s. 11
  • SOR/2002-113, s. 3

Reporting Pay

 An employer shall pay an employee who reports for work at the call of the employer wages for not less than three hours of work at the employee’s regular rate of wages, whether or not the employee is called on to perform any work after so reporting for work.

  • SOR/91-461, s. 12

Annual Vacations

 An employer shall, at least 30 days prior to determining a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, notify in writing the affected employees of

  • (a) the dates of commencement and expiry of the year of employment; and

  • (b) the method of calculating the length of vacation and the vacation pay for a period of employment of less than 12 consecutive months.

  • SOR/94-668, s. 5
  •  (1) Where an employer has determined a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, the employer shall, within ten months after the commencement date or after each subsequent anniversary date, as the case may be, of the determined year of employment, grant a vacation with vacation pay to each employee who has completed less than 12 months of continuous employment at that date.

  • (2) The vacation granted to an employee pursuant to subsection (1) shall be the number of weeks of the employee’s vacation entitlement under section 184 of the Act divided by 12 and multiplied by the number of completed months of employment from and including

    • (a) the date employment began, for an employee who became an employee after the commencement date of the year of employment referred to in subsection (1); or

    • (b) the commencement date of the year of employment previously in effect, for all other employees.

  • (3) Where an employee is entitled to an annual vacation and there is no agreement between the employer and employee concerning when the vacation may be taken, the employer shall give the employee at least two weeks notice of the commencement of the employee’s annual vacation.

  • (4) An employer shall pay to an employee who is entitled to it the vacation pay referred to in subparagraph 185(b)(i) of the Act or the amount referred to in subparagraph 185(b)(ii) of the Act, as the case may be,

    • (a) on a day that is within 14 days before the day on which a vacation period begins; or

    • (b) on the regular pay day during or immediately following a vacation period if it is not practicable to comply with paragraph (a) or if it is an established practice in the industrial establishment in which the employee is employed to pay vacation pay or a proportion of that vacation pay on the regular pay day during or immediately following a vacation period.

  •  (1) An employee may, by written agreement with the employer, postpone or waive the employee’s entitlement to an annual vacation for a specified year of employment.

  • (2) Where an employee waives an annual vacation in accordance with subsection (1), the employer shall pay the vacation pay to the employee within 10 months after the end of the specified year of employment.

  • SOR/91-461, s. 13
  • SOR/94-668, s. 5

General Holidays

  •  (1) A notice of substitution of a general holiday required to be posted pursuant to subsection 195(3) of the Act shall contain

    • (a) the name of the employer;

    • (b) an identification of the affected employees;

    • (c) the address or location of the workplace;

    • (d) the dates of the general holiday and the substituted holiday;

    • (e) the dates the substitution comes into effect and expires;

    • (f) the date of posting; and

    • (g) a statement that at least 70 per cent of the affected employees must agree to the substitution of the general holiday for the substitution to come into effect.

  • (2) The notice referred to in subsection (1) shall remain posted for the duration of the substitution.

  • SOR/91-461, s. 14
  • SOR/94-668, s. 5

 Where, in accordance with subsection 195(1) of the Act, any other holiday is substituted for a general holiday in a written agreement between the parties to a collective agreement, the written agreement shall contain the information set out in paragraphs 15(1)(a) to (e).

  • SOR/94-668, s. 5

Regular Rate of Wages for Purposes of General Holidays, Personal Leave, Leave for Victims of Family Violence and Bereavement Leave

 For the purposes of subsections 206.6(2), 206.7(2.1) and 210(2) of the Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be

  • (a) the average of the employee’s daily earnings, exclusive of overtime hours, for the 20 days the employee has worked immediately preceding the first day of the period of paid leave; or

  • (b) an amount calculated by a method agreed on under or pursuant to a collective agreement that is binding on the employer and the employee.

 
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