Exemptions from and Modifications to Hours of Work Provisions Regulations

Exemptions from and Modifications to Hours of Work Provisions Regulations Whereas the Governor in Council is of the opinion that the application of certain provisions of Division I of Part III of the Canada Labour Codea, without modification, to certain classes of employees who are employed in or in connection with the operation of certain industrial establishments would be or is unduly prejudicial to the interests of the employees in those classes or would be or is seriously detrimental to the operation of those industrial establishments; And whereas the Governor in Council is satisfied that certain provisions of Division I of Part III of the Canada Labour Codea cannot reasonably be applied to certain classes of employees; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to paragraphs 175(1)(a)b and (b)c and subsection 270(1)d of the Canada Labour Codea, makes the annexed Exemptions from and Modifications to Hours of Work Provisions Regulations. R.S., c. L-2 S.C. 2018, c. 27, s. 446(1) S.C. 2018, c. 27, s. 446(2) S.C. 2017, c. 20, s. 377 Definition of Act In these Regulations, Act means the Canada Labour Code. Application This Part applies to persons who are employed in the road transportation sector or the postal and courier sector. Transport of goods 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: city motor vehicle operators, as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations; and highway motor vehicle operators, as defined in section 2 of those Regulations. Transport of mail or parcels 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: Modification — subsection 169.1(1) of the Act With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows: Break 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. Motor coach operators 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. Definition of motor coach 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. Armoured car crew members Armoured car crew members are exempt from the application of section 173.1 of the Act. Warehouse workers, shippers or receivers The following employees are exempt from the application of section 173.1 of the Act: warehouse workers who handle, move, load and unload materials by hand or by means of material handling equipment; shippers; and receivers. Dispatchers Dispatchers are exempt from the application of section 173.1 of the Act. Mechanics Mechanics are exempt from the application of section 173.1 of the Act. This Part applies to persons who are employed in the marine sector. Employees of long-shoring operations 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. Modifications — subsection 169.1(1) and section 169.2 of the Act With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows: 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. subsection 169.2(1) of the Act is modified as follows: Rest period 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. subsection 169.2(2) of the English version of the Act is modified as follows: Exception 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 threat to the life, health or safety of any person; threat of damage to or loss of property; or threat of serious interference with the ordinary working of the employer’s industrial establishment. Supervisors in long-shoring operations 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. Employees on board vessel 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: masters; deck officers; engineering officers; radio operators; electrotechnical officers; and ratings. 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. 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 Operations controllers 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: Marine pilots Marine pilots who are employed in a compulsory pilotage area are exempt from the application of section 169.1 of the Act. Modification — section 169.2 of the Act Marine pilot boat personnel With respect to launch masters, pilot boat captains, marine engineers and deckhands employed in marine pilotage services, 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: This Part applies to persons who are employed in the grain sector. Elevator operators 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. Railcar spotters, warehouse workers and grain receivers 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. Millwrights, electricians, power engineers and welders 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. Laboratory technicians and supervisors 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. Grading, quality assurance and inspection of grain 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. Grain cleaning operators Grain cleaning operators who are employed in grain milling facilities are exempt from the application of section 173.1 of the Act. Millers, assistant millers and other operators 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. This Part applies to persons who are employed in the banking sector. Commission-paid salespeople Commission-paid salespeople are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act. This Part applies to persons who are employed in the telecommunications sector or the broadcasting sector. Technicians — installation, maintenance or repair 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: Producers, technicians and journalists — live broadcast 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. This Part applies to persons who are employed in the rail transportation sector. Locomotive engineers, conductors and brakepersons 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. Yard service employees The following yard service employees are exempt from the application of section 173.1 of the Act: locomotive engineers; conductors; brakepersons; yardmasters and trainmasters; assistant yardmasters and assistant trainmasters; hostlers and locomotive attendants; yardpersons; switch tenders; and car retarder operators. 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. Baggage handlers Baggage handlers are exempt from the application of section 173.1 of the Act. Maintenance of way employees Maintenance of way employees are exempt from the application of section 173.1 of the Act. Rail traffic controllers Rail traffic controllers are exempt from the application of section 173.1 of the Act. Railway police officers Railway police officers are exempt from the application of section 173.1 of the Act. Signals and communications equipment maintenance employees Signals and communications equipment maintenance employees are exempt from the application of section 173.1 of the Act. Service employees Service employees who are employed on board passenger trains are exempt from section 173.1 of the Act. With respect to service employees who are employed on board passenger trains for longer than 24 consecutive hours, Shopcraft and intermodal service employees Shopcraft and intermodal service employees are exempt from the application of section 173.1 of the Act. This Part applies to persons who are employed in the air transportation sector. Firefighters Firefighters are exempt from the application of section 173.1 of the Act. Airfield employees Airfield operations specialists, airfield supervisors and airfield operations emergency response specialists are exempt from the application of section 173.1 of the Act. Emergency response and preparedness 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. Flight crew and flight instructors Pilots, flight engineers and flight instructors are exempt from the application of sections 169.1 and 173.1 of the Act. Other on-board crew members 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. Flight dispatchers and flight followers Flight dispatchers and flight followers are exempt from the application of section 173.1 of the Act. Air traffic controllers and operations specialists Air traffic controllers and air traffic operations specialists are exempt from the application of section 173.1 of the Act. Flight service specialists Flight service specialists are exempt from the application of section 173.1 of the Act. Technologists in air navigation services Technologists working in air navigation services are exempt from the application of section 173.1 of the Act.