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

PART 3Grain Sector

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.

PART 4Banking Sector

Marginal note:Application

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

Marginal note:Commission-paid salespeople

27 Commission-paid salespeople are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act.

PART 5Telecommunications Sector and Broadcasting Sector

Marginal note:Application

28 This Part applies to persons who are employed in the telecommunications sector or the broadcasting sector.

Marginal note:Commission-paid salespeople

29 Commission-paid salespeople are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act.

Marginal note:Technicians — installation, maintenance or repair

30 With respect to technicians who install, maintain or repair telecommunications networks or equipment and who are employed in the telecommunications sector, 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:Producers, technicians and journalists — live broadcast

• 31 (1) Producers, technicians and journalists who are working in the production of events that are broadcast live and who are employed in the broadcasting sector are exempt from the application of section 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.

PART 6Rail Transportation Sector

Marginal note:Application

32 This Part applies to persons who are employed in the rail transportation sector.

Marginal note:Locomotive engineers, conductors and brakepersons

33 Locomotive engineers, conductors and brakepersons who are employed in road or passenger service are exempt from the application of sections 169.1, 169.2 and 173.1 of the Act.

Marginal note:Yard service employees

• 34 (1) The following yard service employees are exempt from the application of section 173.1 of the Act:

  • (a) locomotive engineers;

  • (b) conductors;

  • (c) brakepersons;

  • (d) yardmasters and trainmasters;

  • (e) assistant yardmasters and assistant trainmasters;

  • (f) hostlers and locomotive attendants;

  • (g) yardpersons;

  • (h) switch tenders; and

  • (i) car retarder operators.

• 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 10 minutes, but for each period of less than 15 minutes granted, another period of at least 20 minutes shall be granted. 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:Baggage handlers

35 Baggage handlers are exempt from the application of section 173.1 of the Act.

Marginal note:Maintenance of way employees

• 36 (1) Maintenance of way employees are exempt from the application of section 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 10 minutes, but for each period of less than 15 minutes granted, another period of at least 20 minutes shall be granted. 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:Rail traffic controllers

• 37 (1) Rail traffic controllers are exempt from the application of section 173.1 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 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:

    • 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:Railway police officers

• 38 (1) Railway police officers are exempt from the application of section 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 10 minutes, but for each period of less than 15 minutes granted, another period of at least 20 minutes shall be granted. 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.