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

Definition

Marginal note:Definition of Act

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

PART 1Road Transportation Sector and Postal and Courier Sector

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:

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

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

Marginal note:Transport of mail or parcels

• 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:

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

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

• 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

• 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.

• 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:

• (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

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.

PART 2Marine Sector

Marginal note:Application

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

Marginal note:Employees of long-shoring operations

• 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.

• 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

• 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.

• 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

• 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:

  • (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

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:

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

• 15 (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

16 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

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:

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.