On-call and standby scheduling rules

Summary#

This notice from Employment and Social Development explains how the Canada Labour Code’s new scheduling rules apply to on-call and standby arrangements. It says that employers who include on-call or standby periods in a written schedule given at least 96 hours in advance meet the rule in section 173.01, and that giving 24 hours written notice of schedule changes (including on-call or standby) meets section 173.1. The Minister of Labour says no extra regulations about on-call or standby are needed right now.

What it does#

• Confirms that, where an employer gives a written work schedule at least 96 hours before the first shift and that schedule lists any on-call or standby periods, the employer has satisfied section 173.01 of the Canada Labour Code.
• Confirms that an employee may refuse to work any shift — including an on-call or standby period — that starts within 96 hours of receiving the schedule.
• Confirms that giving an employee at least 24 hours written notice of a change or addition to a shift or on-call/standby period satisfies section 173.1.
• Says the Minister of Labour does not currently plan to create separate regulations about on-call or standby work under these two sections.
• Notes other new hours-of-work rules (that came into force on September 1, 2019) — for example section 174.1 (refusing overtime for family responsibilities), section 169.1 (30‑minute breaks within each five hours), and section 169.2 (eight‑hour rest between shifts) — and says consultations on possible exemptions or modifications will continue into winter 2020.

Who's affected#

• Employees and employers covered by Part III of the Canada Labour Code — this includes many federally regulated private-sector workplaces and most federal crown corporations.
• Workers who are scheduled to be on-call or on standby.
• Unionized workplaces where collective agreements may set different scheduling rules. If a collective agreement specifies a different notice period or says a section does not apply, that agreement can override the default.
• Employers that run 24/7 services or have variable staffing needs. The notice also notes managers and certain designated professionals are not covered by some of the new hours-of-work rules.

Why it matters#

• It clarifies that on-call and standby time should be treated like regular scheduled shifts for the purpose of the 96‑hour and 24‑hour notice rules. That makes expectations clearer for both workers and employers.
• It gives employees a clear right to refuse shifts (including on-call) that are added with less than 96 hours notice. That can help with planning family and personal time.
• Employers with continuous operations may still seek regulatory exemptions or changes; consultations are ongoing, so some details could change later.
• The notice does not remove any more favourable rights or benefits employees already have through other laws, contracts, or collective agreements.