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

Marginal note:Signals and communications equipment maintenance employees

• 39 (1) Signals and communications equipment maintenance employees 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 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:Service employees

• 40 (1) Service employees who are employed on board passenger trains are exempt from 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 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:Modification — section 169.2 of the Act

  (3) With respect to service employees who are employed on board passenger trains for longer than 24 consecutive hours,

  • (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:Shopcraft and intermodal service employees

41 Shopcraft and intermodal service employees are exempt from the application of section 173.1 of the Act.

PART 7Air Transportation Sector

Marginal note:Application

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

Marginal note:Firefighters

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• 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:Flight dispatchers and flight followers

• 48 (1) Flight dispatchers and flight followers 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 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: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.

Marginal note:Flight service specialists

• 50 (1) Flight service specialists 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 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: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.

• 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.