CONSOLIDATION

Exemptions from and Modifications to Hours of Work Provisions Regulations

SOR/2021-200

Current to June 20, 2022 Last amended on February 1, 2022



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 February 1, 2022. 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 February 1, 2022

TABLE OF PROVISIONS Exemptions from and Modifications to Hours of Work Provisions Regulations

Definition 1

Definition of Act

PART 1

Road Transportation Sector and Postal and Courier Sector 2

Application

Transport of goods

Transport of mail or parcels

169.1

Break

Motor coach operators

Armoured car crew members

Warehouse workers, shippers or receivers

Dispatchers

Mechanics

PART 2

Marine Sector 10

Application

Employees of long-shoring operations

169.1

Break

169.2

Rest period

Supervisors in long-shoring operations

169.1

Break

Employees on board vessel

169.1

Break

169.2

Rest period

Operations controllers

169.1

Break

Marine pilots

169.2

Rest period

Marine pilot boat personnel

Current to June 20, 2022 Last amended on February 1, 2022

ii

Exemptions from and Modifications to Hours of Work Provisions Regulations TABLE OF PROVISIONS

169.1

Break

169.2

Rest period

Dispatchers

169.1

Break

PART 3

Grain Sector 18

Application

Elevator operators

Railcar spotters, warehouse workers and grain receivers

Millwrights, electricians, power engineers and welders

Laboratory technicians and supervisors

Grading, quality assurance and inspection of grain

Grain cleaning operators

Millers, assistant millers and other operators

Related Amendment Administrative Monetary Penalties (Canada Labour Code) Regulations

Coming into Force 27

February 1, 2022

Current to June 20, 2022 Last amended on February 1, 2022

iv

Registration SOR/2021-200

August 12, 2021

CANADA LABOUR CODE Exemptions from and Modifications to Hours of Work Provisions Regulations P.C. 2021-870

August 11, 2021

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.

a

R.S., c. L-2

b

S.C. 2018, c. 27, s. 446(1)

c

S.C. 2018, c. 27, s. 446(2)

d

S.C. 2017, c. 20, s. 377

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications Hours of Work Provisions Regulations

to

Definition Definition of Act 1 In these Regulations, Act means the Canada Labour Code.

PART 1

Road Transportation Sector and Postal and Courier Sector Application 2 This Part applies to persons who are employed in the

road transportation sector or the postal and courier sector. Transport of goods 3 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: (a) city motor vehicle operators, as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations; and (b) highway motor vehicle operators, as defined in section 2 of those Regulations.

Transport of mail or parcels 4 (1) 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: (a) city motor vehicle operators, as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations; and (b) highway motor vehicle operators, as defined in section 2 of those Regulations.

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications to Hours of Work Provisions Regulations PART 1 Road Transportation Sector and Postal and Courier Sector Sections 4-9

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:

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 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 5 (1) 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 (2) 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 6 Armoured car crew members are exempt from the application of section 173.1 of the Act.

Warehouse workers, shippers or receivers 7 The following employees are exempt from the application of section 173.1 of the Act: (a) warehouse workers who handle, move, load and unload materials by hand or by means of material handling equipment; (b) shippers; and (c) receivers.

Dispatchers 8 Dispatchers are exempt from the application of section

173.1 of the Act. Mechanics 9 Mechanics are exempt from the application of section 173.1 of the Act.

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications to Hours of Work Provisions Regulations PART 2 Marine Sector Sections 10-11

PART 2

Marine Sector Application 10 This Part applies to persons who are employed in the

marine sector. Employees of long-shoring operations 11 (1) 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 longshoring 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 (2) With respect to employees referred to in subsection

(1), (a) subsection 169.1(1) of the Act is modified as follows:

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. (b) subsection 169.2(1) of the Act is modified as follows: 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. (c) subsection 169.2(2) of the English version of the

Act is modified as follows:

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

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications to Hours of Work Provisions Regulations PART 2 Marine Sector Sections 11-13

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. Supervisors in long-shoring operations 12 (1) 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.

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:

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.

Employees on board vessel 13 (1) 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: (a) masters; (b) deck officers; (c) engineering officers; (d) radio operators; (e) electrotechnical officers; and (f) ratings.

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications to Hours of Work Provisions Regulations PART 2 Marine Sector Sections 13-14

Modifications — subsection 169.1(1) and section 169.2 of the Act (2) With respect to employees referred to in subsection

(1), (a) subsection 169.1(1) of the Act is modified as follows:

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 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. (b) subsection 169.2(1) of the Act is modified as follows:

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. (c) subsection 169.2(2) of the English version of the

Act is modified as follows:

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. Operations controllers 14 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:

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications to Hours of Work Provisions Regulations PART 2 Marine Sector Sections 14-15

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 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.

Marine pilots 15 (1) 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 (2) With respect to employees referred to in subsection

(1), (a) subsection 169.2(1) of the Act is modified as follows:

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:

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.

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications to Hours of Work Provisions Regulations PART 2 Marine Sector Sections 16-17

Marine pilot boat personnel 16 With respect to launch masters, pilot boat captains,

marine engineers and deckhands employed in marine pilotage services, (a) subsection 169.1(1) of the Act is modified as follows: 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 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. (b) subsection 169.2(1) of the Act is modified as follows: 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. (c) subsection 169.2(2) of the English version of the

Act is modified as follows:

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.

Dispatchers 17 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:

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications to Hours of Work Provisions Regulations PART 2 Marine Sector Sections 17-23

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 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.

PART 3

Grain Sector Application 18 This Part applies to persons who are employed in the

grain sector. Elevator operators 19 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 20 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 21 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 22 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 23 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.

Current to June 20, 2022 Last amended on February 1, 2022

Exemptions from and Modifications to Hours of Work Provisions Regulations PART 3 Grain Sector Sections 24-27

Grain cleaning operators 24 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 25 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.

Related Amendment Administrative Monetary Penalties (Canada Labour Code) Regulations 26 [Amendments]

Coming into Force February 1, 2022 27 These Regulations come into force on February 1, 2022.

Current to June 20, 2022 Last amended on February 1, 2022

