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Exemptions from and Modifications to Hours of Work Provisions Regulations (SOR/2021-200)

Regulations are current to 2022-09-22 and last amended on 2022-02-01. Previous Versions

Exemptions from and Modifications to Hours of Work Provisions Regulations

SOR/2021-200

CANADA LABOUR CODE

Registration 2021-08-12

Exemptions from and Modifications to Hours of Work Provisions Regulations

P.C. 2021-870 2021-08-11


Whereas the Governor in Council is of the opinion that the application of certain provisions of Division I of Part III of the Canada Labour CodeFootnote a, without modification, to certain classes of employees who are employed in or in connection with the operation of certain industrial establishments would be or is unduly prejudicial to the interests of the employees in those classes or would be or is seriously detrimental to the operation of those industrial establishments;

And whereas the Governor in Council is satisfied that certain provisions of Division I of Part III of the Canada Labour CodeFootnote a cannot reasonably be applied to certain classes of employees;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to paragraphs 175(1)(a)Footnote b and (b)Footnote c and subsection 270(1)Footnote d of the Canada Labour CodeFootnote a, makes the annexed Exemptions from and Modifications to Hours of Work Provisions Regulations.

Definition

Marginal note:Definition of Act

 In these Regulations, Act means the Canada Labour Code.

PART 1Road Transportation Sector and Postal and Courier Sector

Marginal note:Application

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

Marginal note:Transport of goods

 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:

Marginal note:Transport of mail or parcels

  •  (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:

  • 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:

    Marginal note:Break

    • 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

  •  (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.

  • 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

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

Marginal note:Warehouse workers, shippers or receivers

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

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

  • (b) shippers; and

  • (c) receivers.

Marginal note:Dispatchers

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

Marginal note:Mechanics

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

PART 2Marine Sector

Marginal note:Application

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

Marginal note:Employees of long-shoring operations

  •  (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.

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

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

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

      Marginal note:Break

      • 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.

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

      Marginal note:Rest period

      • 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.

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

      • 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

        • (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:Supervisors in long-shoring operations

  •  (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.

  • 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:

    Marginal note:Break

    • 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

  •  (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:

    • (a) masters;

    • (b) deck officers;

    • (c) engineering officers;

    • (d) radio operators;

    • (e) electrotechnical officers; and

    • (f) ratings.

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

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

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

      Marginal note:Break

      • 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.

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

      Marginal note:Rest period

      • 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.

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

      • 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

        • (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:Operations controllers

 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:

Marginal note:Break

  • 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

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

  • Marginal note:Modification — section 169.2 of the Act

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

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

      Marginal note:Rest period

      • 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.

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

      • 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

        • (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:Marine pilot boat personnel

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

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

    Marginal note:Break

    • 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.

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

    Marginal note:Rest period

    • 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.

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

    • 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

      • (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:Dispatchers

 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:

Marginal note:Break

  • 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.

PART 3Grain Sector

Marginal note:Application

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

Marginal note:Elevator operators

 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

 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

 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

 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

 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

 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

 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.

Related Amendment

Administrative Monetary Penalties (Canada Labour Code) Regulations

 [Amendments]

Coming into Force

Marginal note:February 1, 2022

 These Regulations come into force on February 1, 2022.

Date modified: