PART III — Standard Hours, Wages, Vacations and Holidays

DIVISION I — Hours of Work

169Standard hours of work history

(1)

Except as otherwise provided by or under this Division

(a)

the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and

(b)

no employer shall cause or permit an employee to work longer hours than eight hours in any day or forty hours in any week.

Averaging

(2)

Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may be prescribed by the regulations, as an average for a period of two or more weeks.

Duration of averaging

(2.1)

The averaged hours of work calculated pursuant to subsection (2) remain in effect

(a)

where the averaging of hours of work is agreed to in writing by an employer and a trade union, for the duration of that agreement or for such shorter period as is agreed to by the parties; or

(b)

where the averaging of hours of work is not agreed to in writing by an employer and a trade union, for no longer than three years.

General holidays in week

(3)

In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of his employer during the holidays.

R.S., 1985, c. L-2, s. 169; 1993, c. 42, s. 14

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169.1Break history

(1)

Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes during every period of five consecutive hours of work. If the employer requires the employee to be at their disposal during the break period, the employee must be paid for the break.

Exception

(2)

An employer may postpone or cancel the break set out in subsection (1) 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.

2018, c. 27, s. 444

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169.2Rest period history

(1)

Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours between work periods or shifts.

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 between their work periods or shifts 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.

2018, c. 27, s. 444

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170Modified work schedule — collective agreement history

(1)

An employer may, in respect of one or more employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

(a)

the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

(b)

the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

Modified work schedule

(2)

Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

(a)

the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

(b)

the schedule, or its modification or cancellation, has been approved

(i)

in the case of one employee’s schedule, in writing by that employee, or

(ii)

in the case of more than one employee’s schedule, by at least 70% of the affected employees.

Posting of notice

(3)

Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

Exception

(4)

Subsection (3) does not apply to the establishment, modification or cancellation of one employee’s work schedule that results from a request made under subsection 177.1(1).

R.S., 1985, c. L-2, s. 170; 1993, c. 42, s. 15; 2017, c. 33, s. 195

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171Maximum hours of work history

(1)

An employee may be employed in excess of the standard hours of work but, subject to sections 172, 176 and 177, and to any regulations made pursuant to section 175, the total hours that may be worked by any employee in any week shall not exceed forty-eight hours in a week or such fewer total number of hours as may be prescribed by the regulations as maximum working hours in the industrial establishment in or in connection with the operation of which the employee is employed.

Averaging

(2)

Subsection 169(2) applies in the computation of the maximum hours of work in a week prescribed under this section.

R.S., c. L-1, s. 30; R.S., c. 17(2nd Supp.), s. 4; 1977-78, c. 27, s. 6

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172Maximum hours of work — collective agreement history

(1)

An employer may, in respect of one or more employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

(a)

the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

(b)

the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

Maximum hours of work

(2)

Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

(a)

the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

(b)

the schedule, or its modification or cancellation, has been approved

(i)

in the case of one employee’s schedule, in writing by that employee, or

(ii)

in the case of more than one employee’s schedule, by at least 70% of the affected employees.

Posting of notice

(3)

Exception

(4)

Subsection (3) does not apply to the establishment, modification or cancellation of one employee’s work schedule following a request made under subsection 177.1(1).

R.S., 1985, c. L-2, s. 172; 1993, c. 42, s. 16; 2017, c. 33, s. 196

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172.1Vote history

(1)

If a work schedule is established, modified or cancelled under subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request that the Head conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation.

Duty of Head

(2)

If a request is made under subsection (1), the Head must conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation.

Confidentiality

(3)

A request made under subsection (1), the ballots and any other documents relating to the vote are confidential and shall not be given to the employer.

Counting of ballots

(4)

The Head must count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer.

Communication of result of vote

(5)

The Head must inform the employer, by written notice, of the result.

Effect of non-approval

(6)

If the result of the vote indicates that less than 70% of the affected employees approve the new schedule or its modification or cancellation, the employer must comply with the result of the vote within 30 days after being informed of that result by the Head.

Regulations

(7)

The Governor in Council may make regulations respecting the conduct of votes under this section.

Statutory Instruments Act not applicable

(8)

The Statutory Instruments Act does not apply in respect of the written notice given by the Head to the employer under subsection (5).

1993, c. 42, s. 16; 2018, c. 27, s. 570

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172.2Duration history

(1)

A work schedule that is established or modified under subsection 170(1) or 172(1) remains in effect for the duration of the written agreement between the employer and the trade union.

Idem

(2)

A work schedule that is established or modified under subsection 170(2) or 172(2) remains in effect for three years or for such shorter period as is agreed to by the parties.

1993, c. 42, s. 16

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173Scheduling hours of work history

Except as may be otherwise prescribed by the regulations, hours of work in a week shall be so scheduled and actually worked that each employee has at least one full day of rest in the week, and, wherever practicable, Sunday shall be the normal day of rest in the week.

R.S., c. L-1, s. 31

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173.01Notice — work schedule history

(1)

The employer shall provide an employee with their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule.

Right to refuse

(2)

Subject to subsection (3), an employee may refuse to work any work period or shift in their schedule that starts within 96 hours from the time that the schedule is provided to them.

Exception

(3)

An employee shall not refuse to work a work period or shift if it is necessary for them 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.

Exception — subsection 177.1(1)

(4)

Subsection (1) does not apply to a change to an employee’s work schedule following a request made under subsection 177.1(1).

Prohibition

(5)

An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work a work period or shift under subsection (2) or take such a refusal into account in any decision to promote or train the employee.

Non-application of subsection 196(4)

(6)

Subsection 196(4) does not apply in respect of a work period or shift that an employee refuses to work under subsection (2).

Non-application — collective agreement

(7)

This section does not apply to employees who are employed under the terms of a collective agreement that specifies an alternate time frame for providing the work schedule or provides that this section does not apply to those employees.

2018, c. 27, s. 445

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173.1Shift changes history

(1)

If an employer changes a period or shift during which an employee is due to work or adds another work period or shift to the employee’s schedule, the employer shall give the employee written notice of the change or addition at least 24 hours before

(a)

in the case of a change, the employee’s original work period or shift is to begin or, if the work period or shift that results from the change is to begin earlier than the original work period or shift, before the period or shift that results from the change is to begin; and

(b)

in the case of an addition, the work period or shift that was added is to begin.

Exceptions — threat

(2)

Subsection (1) does not apply if the change to or addition of a work period or shift is necessary 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.

Exception — subsection 177.1(1)

(3)

Subsection (1) does not apply to a change to or addition of a work period or shift following a request made under subsection 177.1(1).

2017, c. 33, s. 197

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174Overtime pay or time off history

(1)

Subject to any regulations made under section 175, when an employee is required or permitted to work overtime, they are entitled to

(a)

be paid for the overtime at a rate of wages not less than one and one-half times their regular rate of wages; or

(b)

be granted not less than one and one-half hours of time off with pay for each hour of overtime worked, subject to subsections (2) to (5).

Conditions

(2)

An employee is entitled to time off for overtime worked only if,

(a)

at their request, they and the employer enter into an agreement in writing providing for the taking of time off, subject to paragraph (b) and subsections (3) to (5), on a date or dates agreed on by them and the employer; and

(b)

the time off is taken within a period of three months after the end of the pay period in which the overtime was worked, or within any longer period set out in

(i)

if the employee is subject to a collective agreement, the collective agreement, or

(ii)

if the employee is not subject to a collective agreement, the agreement referred to in paragraph (a) or any other agreement in writing entered into by them and the employer.

Maximum period

(3)

The longer period referred to in paragraph (2)(b) shall not be more than 12 months for an employee who is not subject to a collective agreement.

Time off not taken within specified period

(4)

If the employee does not take all or part of the time off within the applicable period referred to in paragraph (2)(b), the employer shall, within 30 days after the day on which that period ends, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages on the day on which they worked the overtime.

Termination of employment

(5)

If an employee ceases to be employed before the employee takes all or part of the time off referred to in paragraph (1)(b), the employer shall, within 30 days after the day on which the employee ceases to be employed, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages on the day on which the employee worked the overtime.

Application of section 189

(6)

Section 189 applies for the purposes of this section.

R.S., 1985, c. L-2, s. 174; 2017, c. 33, s. 197

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174.1Right to refuse history

(1)

Subject to subsections (2) and (3), an employee may refuse to work the overtime requested by the employer in order to carry out the employee’s family responsibilities referred to in paragraph 206.6(1)(b) or (c).

Reasonable steps

(2)

An employee may refuse to work overtime only if

(a)

they have taken reasonable steps to carry out their family responsibility by other means, so as to enable them to work overtime; and

(b)

even though the steps referred to in paragraph (a) have been taken, they are still required to carry out that responsibility during the period of the overtime.

Exceptions

(3)

An employee is not to refuse to work overtime if it is necessary for them to work overtime 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.

Prohibition

(4)

An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work overtime under subsection (1) or take such a refusal into account in any decision to promote or train the employee.

2017, c. 33, s. 197; 2018, c. 27, s. 511

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175Regulations for the purpose of this Division history

(1)

The Governor in Council may make regulations

(a)

modifying any provision of this Division for the purpose of the application of this Division to classes of employees who are employed in or in connection with the operation of any industrial establishment if, in the opinion of the Governor in Council, the application of those sections without modification

(i)

would be or is unduly prejudicial to the interests of the employees in those classes, or

(ii)

would be or is seriously detrimental to the operation of the industrial establishment;

(b)

exempting any class of employees from the application of any provision of this Division if the Governor in Council is satisfied that it cannot reasonably be applied to that class of employees;

(b.1)

respecting rest periods under section 169.2, including defining the terms “shift” and “work period” for the purposes of that section;

(c)

providing that section 174 does not apply in circumstances where work practices specified in the regulations are followed that in the opinion of the Governor in Council make the application of that section either unreasonable or inequitable; and

(d)

providing for the calculation of hours worked by employees of any class who are employed in any industrial establishment or in any class of industrial establishment.

(2)

[Repealed, 2017, c. 33, s. 198]

R.S., 1985, c. L-2, s. 175; 2017, c. 33, s. 198; 2018, c. 27, s. 446

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176Excess hours under permit history

(1)

On the application of an employer or an employer’s organization, the Head, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a permit in writing, authorize hours to be worked by any class of employees set out in the permit in excess of the maximum hours of work specified in or prescribed under section 171, established under section 172 or prescribed by regulations made under section 175.

Justifying permit

(2)

No permit may be issued under subsection (1) unless the applicant has satisfied the Head

(a)

that exceptional circumstances exist that justify the working of additional hours;

(b)

that the employer had posted a notice of the application for the permit, for at least 30 days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and

(c)

that the employer had informed the trade union in writing of the application for the permit, if those employees are represented by a trade union.

Duration of permit

(3)

A permit under subsection (1) shall be issued for the period specified therein, which shall not be longer than the period during which it is anticipated that the exceptional circumstances that justified the permit will continue.

Additional hours may be specified

(4)

A permit under subsection (1) may specify either

(a)

the total of the number of additional hours in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175, or

(b)

the additional hours that may be worked in any day and in any week during the period of the permit.

Report

(5)

If a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Head, within 15 days after the expiration of the period specified in the permit or within such time as the Head may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked.

R.S., 1985, c. L-2, s. 176; 1993, c. 42, s. 17; 2018, c. 27, s. 571

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177Emergency work history

(1)

The maximum hours of work in a week specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175 may be exceeded, but only to the extent necessary to prevent serious interference with the ordinary working of the industrial establishment affected, in cases of

(a)

accident to machinery, equipment, plant or persons;

(b)

urgent and essential work to be done to machinery, equipment or plant; or

(c)

other unforeseen or unpreventable circumstances.

Reporting additional work

(2)

Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the Head, and also to the trade union if the affected employees are subject to a collective agreement, within 15 days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked.

R.S., 1985, c. L-2, s. 177; 1993, c. 42, s. 18; 2018, c. 27, s. 572

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