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

AMENDMENTS NOT IN FORCE

• — SOR/2023-180, s. 6

  • 6 The Regulations are amended by adding the following after section 41:

    PART 7Air Transportation Sector

    • Application

      42 This Part applies to persons who are employed in the air transportation sector.

    • Firefighters

      43 Firefighters are exempt from the application of section 173.1 of the Act.

    • Airfield employees

      44 Airfield operations specialists, airfield supervisors and airfield operations emergency response specialists are exempt from the application of section 173.1 of the Act.

    • Emergency response and preparedness

      45 Millwrights, electricians, heavy duty mechanics, heating, ventilation and air conditioning (HVAC) specialists and information technology employees engaged in airport emergency response and preparedness operations are exempt from the application of section 173.1 of the Act.

    • Flight crew and flight instructors

      46 Pilots, flight engineers and flight instructors are exempt from the application of sections 169.1 and 173.1 of the Act.

    • Other on-board crew members

      • 47 (1) Pursers, flight attendants, alternative on-board crew members in business aviation and loadmasters are exempt from the application of section 173.1 of the Act.

      • 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:

        • 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.

    • Flight dispatchers and flight followers

      • 48 (1) Flight dispatchers and flight followers are exempt from the application of section 173.1 of the Act.

      • 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:

        • 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.

    • Air traffic controllers and operations specialists

      49 Air traffic controllers and air traffic operations specialists are exempt from the application of section 173.1 of the Act.

    • Flight service specialists

      • 50 (1) Flight service specialists are exempt from the application of section 173.1 of the Act.

      • 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:

        • 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.

    • Technologists in air navigation services

      • 51 (1) Technologists working in air navigation services are exempt from the application of section 173.1 of the Act.

      • 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:

        • 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.

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

        • 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.