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

Regulations are current to 2022-06-20 and last amended on 2022-06-02. Previous Versions

Canada Labour Standards Regulations

C.R.C., c. 986

CANADA LABOUR CODE

Canada Labour Standards Regulations

 [Repealed, SOR/2019-168, s. 2]

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    Director[Repealed, SOR/94-668, s. 2]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) If, under these Regulations, any notice, application or other document is required or authorized to be filed with or sent to the Head of Compliance and Enforcement, it shall be filed with or sent to the Head of Compliance and Enforcement at the regional office of the Labour Program of the Department of Employment and Social Development that is located at the city nearest to the place where the employee concerned resides.

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

 If, 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 agreement shall be dated and contain the information set out in paragraphs (a) to (m) of Schedule III.

 A notice that is referred to in subsection 170(3) or 172(3) of the Act shall contain the information set out in Schedule III and remain posted while the modified work schedule is in effect.

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 Head of Compliance and Enforcement 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 referred to in paragraph 174(1)(a) of the Act shall be paid or, subject to subsection 174(2) of the Act, the time off referred to in paragraph 174(1)(b) of the Act shall be granted for those 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 annual vacation with pay;

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

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

    • (d) of personal leave with pay;

    • (e) of leave for victims of family violence with pay;

    • (f) of bereavement leave with pay; or

    • (g) 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;

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

    • (d) of leave for victims of family violence with pay.

  • (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) If, during the averaging period, an employer lays off or terminates the employment of an employee whose hours of work are averaged under subsection (1), the employer shall pay the employee at the overtime rate of wages established under paragraph 174(1)(a) 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 Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement.

  • (13) If, 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, for each hour worked in excess of 40 times the number of weeks in the completed part of the averaging period,

    • (a) pay those employees at the overtime rate referred to in paragraph 174(1)(a) of the Act; or

    • (b) subject to subsection 174(2) of the Act, grant those employees time off in accordance with paragraph 174(1)(b) of the Act.

 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 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

      • (i) is not carried on underground in a mine,

      • (ii) would not cause them to be employed in or enter a place that they are prohibited from entering under the Explosives Regulations, 2013,

      • (iii) is not work as a nuclear energy worker as defined in the Nuclear Safety and Control Act,

      • (iv) is not work that they are prohibited from doing under the Canada Shipping Act, 2001 by reason of their age, or

      • (v) is not likely to be injurious to their health or to endanger their safety.

  • (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
 
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