Exemptions to Hours-of-Work Rules

Summary#

This is a proposed regulation called Exemptions from and Modifications to Hours of Work Provisions Regulations, published in the Canada Gazette on December 19, 2020 by Employment and Social Development Canada’s Labour Program. It would change how parts of the Canada Labour Code that started on September 1, 2019 (new rules on schedule notice, shift changes, breaks and rest) apply to certain federally regulated workers in continuous, 24/7 industries.

What it does#

• It proposes targeted exemptions or changes to four new Code requirements:
  • employers must normally give 96 hours written notice of work schedules;
  • employers must normally give 24 hours written notice of a shift change or addition;
  • employees are normally entitled to a 30 minutes unpaid break in every 5-hour work period;
  • employees are normally entitled to 8 hours consecutive rest between shifts.
• The proposal would exempt some job classes from one or more of those requirements, and modify others so they are easier to apply in continuous operations:
  • allow the 30 minutes break to be split into pieces of at least 15 minutes and taken at any time during the shift for some marine and operations roles;
  • change the 8-hour rest rule so it must be met within each 24-hour period (instead of strictly between shifts) for several marine and long‑shoring jobs;
  • for some shipboard or pilotage roles, require 8 hours total rest in a 24-hour period with at least 6 consecutive hours.
• The proposed rules are written for specific occupations (dispatchers, pilots, motor vehicle operators, longshore workers, elevator operators, millers, mechanics, etc.) rather than for whole companies.
• The government says about 232,000 federally regulated employees in these classes could be affected (about 1% of the Canadian workforce).
• The Canada Gazette notice invites comments within 60 days and said the rules could come into force in summer 2021 if finalized.

Who's affected#

• Workers and employers in federally regulated, continuous-operation sectors, notably:
  • road transportation (truck and heavy-vehicle drivers, dispatchers, mechanics, some warehouse staff) — including drivers of vehicles over 4,500 kg;
  • postal and courier companies (some delivery drivers and related staff);
  • the marine sector (marine pilots, launch masters, shipboard crews, dispatchers, longshore and dockworkers);
  • the grain sector (elevator operators, millers, lab technicians, railcar spotters, and maintenance trades).
• These changes apply only to workplaces covered by the Canada Labour Code (federal workplaces). Other sectors are handled by provinces.
• The notice covers a first phase of sectors. Other federally regulated sectors (aviation, telecom, banking, rail) were not finalized in this phase and may be considered later.

Why it matters#

• For employers: the proposal gives more flexibility to keep 24/7 operations running and to comply with other safety rules (for example, rules administered by Transport Canada) that can conflict with the new Code requirements.
• For employees: the government says the changes help preserve jobs and hours in industries that say the new rules could disrupt operations. But affected workers would have less predictability about when they will get schedules, shift changes, breaks or full rest periods.
• For public safety and workplace health: some unions and worker groups opposed broad exemptions, warning that reduced rest or less predictable breaks can increase fatigue and safety risks. The proposal reflects a trade-off the government describes between operational flexibility and the work‑life predictability the original rules were meant to provide.
• Next steps: this is a consultation-stage proposal (Part I). The government asked for comments within 60 days; the regulations were proposed to come into force in summer 2021 if finalized.