Marginal note:Definition of Act

1 In these Regulations, Act means the Canada Labour Code.

Marginal note:Application

2 This Part applies to persons who are employed in the road transportation sector or the postal and courier sector.

Marginal note:Transport of goods

3 The following employees in the road transportation sector who operate a motor vehicle that is used to transport goods and that has a gross combination weight rating in excess of 4 500 kg are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act:

• The following provision is not in force.

  (a) city motor vehicle operators, as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations; and

• The following provision is not in force.

  (b) highway motor vehicle operators, as defined in section 2 of those Regulations.

Marginal note:Transport of mail or parcels

• The following provision is not in force.

  4 (1) The following employees in the postal and courier sector who operate a motor vehicle that is used to transport mail or parcels are exempt from the application of section 173.1 of the Act:

  • The following provision is not in force.

    (a) city motor vehicle operators, as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations; and

  • The following provision is not in force.

    (b) highway motor vehicle operators, as defined in section 2 of those Regulations.

• The following provision is not in force.

  Marginal note:Modification — subsection 169.1(1) of the Act

  (2) With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

  The following provision is not in force.

  Marginal note:Break

  • The following provision is not in force.

    169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant this break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

Marginal note:Motor coach operators

• The following provision is not in force.

  5 (1) Motor coach operators who are not employed by a municipal or provincial transit authority are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act.

• The following provision is not in force.

  Marginal note:Definition of motor coach

  (2) For the purpose of this section, motor coach means a bus that is designed for intercity passenger transport and that is not equipped with features to accommodate standing passengers.

Marginal note:Armoured car crew members

6 Armoured car crew members are exempt from the application of section 173.1 of the Act.

Marginal note:Warehouse workers, shippers or receivers

7 The following employees are exempt from the application of section 173.1 of the Act:

• The following provision is not in force.

  (a) warehouse workers who handle, move, load and unload materials by hand or by means of material handling equipment;

• The following provision is not in force.

  (b) shippers; and

• The following provision is not in force.

  (c) receivers.

Marginal note:Dispatchers

8 Dispatchers are exempt from the application of section 173.1 of the Act.

Marginal note:Mechanics

9 Mechanics are exempt from the application of section 173.1 of the Act.

Marginal note:Application

10 This Part applies to persons who are employed in the marine sector.

Marginal note:Employees of long-shoring operations

• The following provision is not in force.

  11 (1) Dockworkers, longshore persons, shiploader operators, stevedores, barge loaders, boat loaders, dock hands, dockpersons, lumpers, checkers, planners, tower loader operators, wharfpersons, tanker loaders, machinery operators, stowers, tradespersons, marine agents, dispatchers and mechanics who are employed in long-shoring operations are exempt from the application of sections 173.01 and 173.1 of the Act.

• The following provision is not in force.

  Marginal note:Modifications — subsection 169.1(1) and section 169.2 of the Act

  (2) With respect to employees referred to in subsection (1),

  • The following provision is not in force.

    (a) subsection 169.1(1) of the Act is modified as follows:

    The following provision is not in force.

    Marginal note:Break

    • The following provision is not in force.

      169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

  • The following provision is not in force.

    (b) subsection 169.2(1) of the Act is modified as follows:

    The following provision is not in force.

    Marginal note:Rest period

    • The following provision is not in force.

      169.2 (1) Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours during each 24-hour period in which they work a work period or shift.

  • The following provision is not in force.

    (c) subsection 169.2(2) of the English version of the Act is modified as follows:

    • The following provision is not in force.

      Marginal note:Exception

      (2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts, which would result in them having a rest period of fewer than eight consecutive hours during each 24-hour period in which they work a work period or shift, if it is necessary for the employee 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

      • The following provision is not in force.

        (a) threat to the life, health or safety of any person;

      • The following provision is not in force.

        (b) threat of damage to or loss of property; or

      • The following provision is not in force.

        (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

Marginal note:Supervisors in long-shoring operations

• The following provision is not in force.

  12 (1) Forepersons, foreperson checkers, walking bosses, head checkers and terminal planners who are employed in long-shoring operations are exempt from the application of sections 169.2, 173.01 and 173.1 of the Act.

• The following provision is not in force.

  Marginal note:Modification — subsection 169.1(1) of the Act

  (2) With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

  The following provision is not in force.

  Marginal note:Break

  • The following provision is not in force.

    169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

Marginal note:Employees on board vessel

• The following provision is not in force.

  13 (1) The following employees who are employed on board a vessel are exempt from the application of sections 173.01 and 173.1 of the Act:

  • The following provision is not in force.

    (a) masters;

  • The following provision is not in force.

    (b) deck officers;

  • The following provision is not in force.

    (c) engineering officers;

  • The following provision is not in force.

    (d) radio operators;

  • The following provision is not in force.

    (e) electrotechnical officers; and

  • The following provision is not in force.

    (f) ratings.

• The following provision is not in force.

  Marginal note:Modifications — subsection 169.1(1) and section 169.2 of the Act

  (2) With respect to employees referred to in subsection (1),

  • The following provision is not in force.

    (a) subsection 169.1(1) of the Act is modified as follows:

    The following provision is not in force.

    Marginal note:Break

    • The following provision is not in force.

      169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant this break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

  • The following provision is not in force.

    (b) subsection 169.2(1) of the Act is modified as follows:

    The following provision is not in force.

    Marginal note:Rest period

    • The following provision is not in force.

      169.2 (1) Every employee is entitled to and shall be granted a rest period of at least eight hours, with at least six of those hours being consecutive, during each 24-hour period in which they work a work period or shift.

  • The following provision is not in force.

    (c) subsection 169.2(2) of the English version of the Act is modified as follows:

    • The following provision is not in force.

      Marginal note:Exception

      (2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts, which would result in them having a rest period of fewer than eight hours in total or fewer than six consecutive hours during each 24-hour period in which they work a work period or shift, if it is necessary for the employee 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

      • The following provision is not in force.

        (a) threat to the life, health or safety of any person;

      • The following provision is not in force.

        (b) threat of damage to or loss of property; or

      • The following provision is not in force.

        (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

Marginal note:Operations controllers

14 With respect to operations controllers who are engaged in dispatching marine traffic or in bridge, lock and weir operations, subsection 169.1(1) of the Act is modified as follows:

The following provision is not in force.

Marginal note:Break

• The following provision is not in force.

  169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant this break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

Marginal note:Marine pilots

• The following provision is not in force.

  15 (1) Marine pilots who are employed in a compulsory pilotage area are exempt from the application of section 169.1 of the Act.

• The following provision is not in force.

  Marginal note:Modification — section 169.2 of the Act

  (2) With respect to employees referred to in subsection (1),

  • The following provision is not in force.

    (a) subsection 169.2(1) of the Act is modified as follows:

    The following provision is not in force.

    Marginal note:Rest period

    • The following provision is not in force.

      169.2 (1) Every employee is entitled to and shall be granted a rest period of at least eight hours, with at least six of those hours being consecutive, during each 24-hour period in which they work a work period or shift.

  • The following provision is not in force.

    (b) subsection 169.2(2) of the English version of the Act is modified as follows:

    • The following provision is not in force.

      Marginal note:Exception

      (2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts, which would result in them having a rest period of fewer than eight hours in total or fewer than six consecutive hours during each 24-hour period in which they work a work period or shift, if it is necessary for the employee 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

      • The following provision is not in force.

        (a) threat to the life, health or safety of any person;

      • The following provision is not in force.

        (b) threat of damage to or loss of property; or

      • The following provision is not in force.

        (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

Marginal note:Marine pilot boat personnel

16 With respect to launch masters, pilot boat captains, marine engineers and deckhands employed in marine pilotage services,

• The following provision is not in force.

  (a) subsection 169.1(1) of the Act is modified as follows:

  The following provision is not in force.

  Marginal note:Break

  • The following provision is not in force.

    169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant this break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

• The following provision is not in force.

  (b) subsection 169.2(1) of the Act is modified as follows:

  The following provision is not in force.

  Marginal note:Rest period

  • The following provision is not in force.

    169.2 (1) Every employee is entitled to and shall be granted a rest period of at least eight hours, with at least six of those hours being consecutive, during each 24-hour period in which they work a work period or shift.

• The following provision is not in force.

  (c) subsection 169.2(2) of the English version of the Act is modified as follows:

  • The following provision is not in force.

    Marginal note:Exception

    (2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts, which would result in them having a rest period of fewer than eight hours in total or fewer than six consecutive hours during each 24-hour period in which they work a work period or shift, if it is necessary for the employee 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

    • The following provision is not in force.

      (a) threat to the life, health or safety of any person;

    • The following provision is not in force.

      (b) threat of damage to or loss of property; or

    • The following provision is not in force.

      (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

Marginal note:Dispatchers

17 With respect to dispatchers who are engaged in the assignment of marine pilots, launch masters, marine engineers and deckhands, subsection 169.1(1) of the Act is modified as follows:

The following provision is not in force.

Marginal note:Break

• The following provision is not in force.

  169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant this break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

Marginal note:Application

18 This Part applies to persons who are employed in the grain sector.

Marginal note:Elevator operators

19 Elevator operators, inland terminal elevator operators and port terminal elevator operators who are employed in grain handling facilities are exempt from the application of section 173.1 of the Act.

Marginal note:Railcar spotters, warehouse workers and grain receivers

20 Railcar spotters, warehouse workers and grain receivers who are employed in grain handling facilities are exempt from the application of section 173.1 of the Act.

Marginal note:Millwrights, electricians, power engineers and welders

21 Millwrights, electricians, power engineers and welders who are employed in grain handling or grain milling facilities are exempt from the application of section 173.1 of the Act.

Marginal note:Laboratory technicians and supervisors

22 Laboratory technicians and laboratory supervisors who are employed in grain handling or grain milling facilities are exempt from the application of section 173.1 of the Act.

Marginal note:Grading, quality assurance and inspection of grain

23 Employees who are involved in the grading, quality assurance and inspection of grain and who are employed in grain handling facilities are exempt from the application of section 173.1 of the Act.

Marginal note:Grain cleaning operators

24 Grain cleaning operators who are employed in grain milling facilities are exempt from the application of section 173.1 of the Act.

Marginal note:Millers, assistant millers and other operators

25 Millers, assistant millers, packing equipment operators and bulk load out operators who are employed in grain milling facilities are exempt from the application of section 173.1 of the Act.

26 [Amendments]