CONSOLIDATION

East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985

C.R.C., c. 987

Current to June 20, 2022 Last amended on July 1, 2021



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on July 1, 2021

TABLE OF PROVISIONS Regulations Respecting Hours of Work of Employees Engaged in Shipping on the East Coast and Great Lakes of Canada 1

Short Title

Interpretation

Modifications

Hours of Work

Maximum Hours

Modified Work Schedule

Averaging

General

Lay-day Plan

Standard Hours of Work for Lay-day Plan

Granting of Lay-days

Current to June 20, 2022 Last amended on July 1, 2021

ii

CHAPTER 987

CANADA LABOUR CODE East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985

Regulations Respecting Hours of Work of Employees Engaged in Shipping on the East Coast and Great Lakes of Canada

Short Title 1 These Regulations may be cited as the East Coast and

Great Lakes Shipping Employees Hours of Work Regulations, 1985. SOR/86-257, s. 2.

Interpretation 2 In these Regulations,

Act means the Canada Labour Code; (Loi) East Coast or Great Lakes Port means any port in Canada east of the 96th parallel of longitude; (Port de la côte est ou des Grands Lacs) East Coast Port [Revoked, SOR/86-257, s. 3] employee means a person employed on board a ship described in section 3; (employé) lay-day means a day off work with pay to which an employee becomes entitled by working on board a ship for a number of days. (jour de relâche) SOR/86-257, s. 3.

Modifications 3 The provisions of section 169 of the Act are modified to the extent set out in these Regulations for the purpose of the application of Division I of Part III of the Act to any class of employees employed on a ship that is operated by an undertaking or a business that comes within the legislative authority of Parliament and that is engaged in shipping from any East Coast or Great Lakes Port. SOR/86-257, s. 4; SOR/92-594, s. 2.

Current to June 20, 2022 Last amended on July 1, 2021

East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985 Modifications Sections 3-7

Hours of Work 4 (1) Except as otherwise provided in these Regulations, the standard hours of work of an employee shall not exceed eight hours in a day and 40 hours in a week. (2) The hours worked in a week need not be scheduled and actually worked in order that each employee has at least one full day of rest in the week and Sunday need not be the normal day of rest in a week.

Maximum Hours 5 An employee is exempt from the application of section

171 of the Act. SOR/86-257, s. 5; SOR/92-594, s. 2.

Modified Work Schedule 6 (1) Subject to subsections (2) and (3), on the application of an employer or an employers' organization, the Head of Compliance and Enforcement, subject to such conditions as he may impose, may authorize the alteration of the standard hours of work for any period specified by him. (2) No authorization referred to in subsection (1) shall

be made unless the applicant has satisfied the Head of Compliance and Enforcement that it is justified by reason of the operational requirements of the undertaking and, in the opinion of the Head of Compliance and Enforcement, is not detrimental to the welfare of the employees. (3) An authorization referred to in subsection (1) shall

not authorize hours of work exceeding 40 hours in a week on an average for any period specified in the authorization. SOR/2021-118, s. 3.

Averaging 7 (1) Where the nature of the work necessitates irregular distribution of hours of work of any class of employees, with the result that the employees within that class have no regularly scheduled daily or weekly hours of work, the hours of work in a day and the hours of work in a week of an employee may be calculated as an average for a period not exceeding 13 consecutive weeks.

Current to June 20, 2022 Last amended on July 1, 2021

East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985 Averaging Sections 7-11

(2) The standard hours of work (being the hours for which the regular rate of pay may be paid) of an employee within a class shall be 520 hours where the averaging period is 13 weeks or where the averaging period selected by the employer is less than 13 weeks, the number of hours that equals the product obtained by multiplying the number of weeks so selected by 40. (3) Where an employer adopts an averaging period under this section, he shall forthwith notify the Head of Compliance and Enforcement indicating the class and the number of employees to which it applies and the period for which he is averaging. SOR/2021-118, s. 3.

General 8 In any week for which an employee is granted a general holiday or other holiday with pay, on which he does not work, or an annual vacation, the number of standard hours shall be reduced by eight hours for every such general holiday or other holiday or day of annual vacation but not more than 40 hours shall be deducted for any full week of annual vacation. 9 Where, during an averaging period established under section 7, an employee within a class is granted a general holiday or other holiday with pay, on which he does not work, or an annual vacation, the number of standard hours shall be reduced by eight hours for every such general holiday or other holiday or day of annual vacation but not more than 40 hours shall be deducted for any full week of annual vacation. 10 For any seven consecutive days during an averaging

period established under section 7 in respect of which an employee within a class is not entitled to his regular remuneration, earnings or salary, the number of standard hours shall be reduced by 40 hours for every seven consecutive days. 11 (1) Where an employee terminates his employment of his own accord during an averaging period established under section 7 or before the end of a period specified in an authorization made under section 6, he shall be paid at his regular rate of wages for all hours worked during that period. (2) Where an employee's employment is terminated by his employer during an averaging period established under section 7 or before the end of a period specified in an authorization made under section 6, the employee shall be paid overtime pay at a rate of wages not less than one

Current to June 20, 2022 Last amended on July 1, 2021

East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985 General Sections 11-16

and one-half times his regular rate of wages for any hours worked in excess of 40 times the number of weeks in which he worked in that period.

Lay-day Plan 12 (1) An employer may adopt a lay-day plan for employment on board a ship. (2) Where an employer adopts a lay-day plan, he shall

notify the Head of Compliance and Enforcement of the commencement of the plan. (3) Subsection 4(1) and section 8 shall not apply to an

employee employed under a lay-day plan. SOR/2021-118, s. 3.

Standard Hours of Work for Layday Plan 13 Where an employee is entitled to not less than 1.13 lay-days for each day the employee is on board a ship, the standard working hours of the employee may exceed eight hours in a day and 40 hours in a week but shall not exceed 12 hours in a day. SOR/86-257, s. 6.

14 Where an employee is entitled to not less than 0.4 of a lay-day for each day the employee is on board a ship, the standard working hours of the employee may exceed 40 hours in a week but shall not exceed eight hours in a day. SOR/86-257, s. 6.

Granting of Lay-days 15 Subject to section 16, no employee shall be permitted

to accumulate more than 45 lay-days. SOR/86-257, s. 6.

16 Where it is established to the satisfaction of the Head

of Compliance and Enforcement that during any period as a result of exceptional circumstances an accumulation of more than 45 lay-days is reasonable, the Head of Compliance and Enforcement may by permit authorize an accumulation of more than 45 lay-days during the period set out in the permit. SOR/2021-118, s. 3.

Current to June 20, 2022 Last amended on July 1, 2021

