'The operational reality in sectors with continuous operations and in sectors with unique scheduling practices is such that scheduling flexibility is required'
The federal government has introduced new hours of work provisions and exempted some workers from hours of work requirements under the Canada Labour Code (CLC).
Under Regulation SOR/2023-180, certain classes of employees in the banking, telecommunications and broadcasting, rail and airline sectors are exempt from specific hours of work requirements.
Amendments to the CLC came into force in 2019, to support work-life balance by providing employees with more predictability in relation to their hours of work.
The new provisions require employers to provide employees with at least 96 hours’ written notice of their work schedules, at least 24 hours’ written notice of shift changes or additions, an unpaid break of at least 30 minutes during every period of 5 consecutive hours of work, and a rest period of at least 8 consecutive hours between work periods or shifts, according to the government.
But certain classes of employees could be exempt from the new provisions in cases where they could not be reasonably applied or if they would be “seriously detrimental” to the employer’s operation or “unduly prejudicial” to the interests of employees. Final regulations respecting the road transportation, postal and courier, marine (pilotage, marine transportation, long-shoring) and grain (handling/elevators and milling) sectors came into force in February 2022.
“The operational reality in sectors with continuous operations (i.e. those that generally operate 24 hours a day, 7 days a week such as air and rail transportation) and in sectors with unique scheduling practices (such as banking, telecommunications and broadcasting) is such that scheduling flexibility is required,” the federal government said in Regulation SOR/2023-180.
“Some employers in these sectors have indicated that, in most cases, they are unable to fully meet the new obligations in the Code due to operational variables outside of their control. These variables restrict their ability to plan for staffing levels and provide regular breaks, rest periods, schedules and notice of shift changes ahead of time.”
As a result, the Regulations are looking to address instances where the hours of service requirements do not align with the new hours of work provisions in the CLC, “presenting additional challenges for employers to meet both obligations,” said Ottawa.
New hours of work provisions
|
Section of the Code |
Provision |
Description |
|
169.1 |
30-minute break |
Employers must provide employees with a break of at least 30 minutes during every period of 5 consecutive hours of work. The break is unpaid, unless the employer requires the employee to be at their disposal during the break period. |
|
169.2 |
8-hour rest period |
Employers must provide employees with a rest period of at least 8 consecutive hours between work periods or shifts. |
|
173.01 |
96 hours’ notice of work schedule |
Employers must provide employees with their work schedule, in writing, at least 96 hours before the employee’s first work period or shift in that schedule. Employees 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. This provision does not apply to employees subject to a collective agreement that specifies an alternate notice period or provides that this requirement does not apply. |
|
173.1 |
24 hours’ notice of shift change |
Employers must provide employees with at least 24 hours’ notice, in writing, of a shift change or addition. |
“The primary objective of the Regulations is to support the implementation of new hours of work provisions (sections 169.1, 169.2, 173.01 and 173.1 of the Code) in order to balance the operational realities of certain industries with the legislative goal of providing employees with work-life balance and more predictability in relation to their hours of work,” said the federal government.
Under Canadian law, employers are required to keep an accurate record of the hours worked by their employees.
In a previous case, a worker was fired for leaving work to go to his child’s daycare centre. The employer cited poor quality of work and failure to record work hours as grounds for termination.
The new hours of work provisions do not apply to managers and certain professionals (architects, dentists, engineers, lawyers and medical doctors). And the requirements for employers to provide at least 96 hours’ notice of work schedules and at least 24 hours’ notice of shift changes do not apply to a change that results from an employee’s request for a flexible work arrangement that is approved by the employer, said the government.