New Canada Labour Code Amendments Regarding Hours of Work
On August 16, 2023, the Federal Government published amendments to Canada Labour Code regulations governing hours of work. These amendments provide further exemptions from, and modifications to, the hours of work requirements for certain classes of employees in the banking, telecommunications and broadcasting, rail transportation and airline sectors.
The purpose of the amendments is to recognize the operational reality that certain sectors with continuous operations and unique scheduling practices, require flexibility in scheduling employees.
The amendments relating to the banking, telecommunications and broadcasting, and rail transportation sectors are set to come into force on January 4, 2024. The amendments relating to the airline sector come into force on June 4, 2024.
In particular, the amendments affect the requirements relating to:
- 30 minute unpaid meal breaks;
- rest periods between work periods or shifts;
- the requirement to provide employees with written work schedules 96 hours before the work period or shift; and
- written notice requirements when employers change a period or shift in which an employee is scheduled.
Once the amendments are in force, certain categories of employees will be exempt from some or all of these rules. Other categories of employees now have revised entitlements to meal breaks and rest periods.
The amendments also repeal administrative monetary penalties relating to breaches under the exemptions, effective immediately.
Employers in affected sectors are encouraged to review these changes to ensure compliance with the new exemptions and requirements. If you have any questions or concerns regarding the impact of these amendments in your workplace, please do not hesitate to contact a member of our Labour & Employment Law Group.
The following summarizes these changes:
Category of Employee and Sector | Hours of Work Amendments | |||
30 minute unpaid meal breaks | Rest periods between work periods or shifts | Work schedule 96 hour notice requirements | Written 24 hour notice requirements regarding changes of shifts | |
Commission-paid salespeople (banking, telecom and broadcasting) | Exempt | Exempt | Exempt | Exempt |
Technicians involved in installation, maintenance or repair of telecommunication networks (telecom) | Entitled to 30 minute unpaid meal breaks for every period of consecutive hours of work, which the employer may divide into two periods of 15 minutes each. | N/A | N/A | N/A |
Producers, technicians, and journalists involved in live broadcasts (broadcasting) | Entitled to 30 minute unpaid meal breaks for every period of 5 consecutive hours of work, which the employer may divide into two periods of 15 minutes each. | Entitled to a rest period of at least 8 consecutive hours during each 24 hour period in which they work, subject to exceptions. | N/A | Exempt |
Locomotive engineers, conductors, brake persons (rail transportation) | Exempt | Exempt | N/A | Exempt |
Yard Service employees (rail transportation) | Entitled to 30 minute unpaid meal breaks that the employer may divide into periods of at least 10 minutes, but for each period of less than 15 minutes the employer must grant another period of at least 20 minutes. | Exempt | N/A | Exempt |
Baggage Handlers, Rail Traffic Controllers (rail transportation) | N/A | Exempt | N/A | Exempt |
Maintenance of Way Employees, Railway Police Officers, Signals and communications equipment maintenance Employees, (rail transportation) | Entitled to 30 minute unpaid meal breaks that the employer may divide into periods of at least 10 minutes, but for each period of less than 15 minutes the employer must grant another period of at least 20 minutes. | Entitled to a rest period of at least 8 consecutive hours during each 24 hour period in which they work, subject to exceptions. | N/A | Exempt |
Service Employees on board passenger trains (rail transportation) | Entitled to 30 minute unpaid meal breaks for every period of consecutive hours of work, which the employer may divide into two periods of 15 minutes each. | Entitled to a rest period of at least 8 consecutive hours during each 24 hour period in which they work, subject to exceptions. At least 6 hours of the rest period must be consecutive. | N/A | Exempt |
Shopcraft and intermodal service employees (rail transportation) Firefighters, Airfield operations specialists and supervisors, millwrights, electricians, heavy duty mechanics, HVAC specialists, IT employees engaged in airport emergency responses, air traffic controllers and operations specialists (airline) | N/A | N/A | N/A | Exempt |
Flight crew and flight instructors (airline) | Exempt | N/A | N/A | Exempt |
Pursers, flight attendants, alternative on-board crew, loadmasters, flight dispatchers, flight followers, flight service specialists (airline) | Entitled to 30 minute unpaid meal breaks for every period of 5 consecutive hours of work, which the employer may divide into two periods of 15 minutes each | N/A | N/A | Exempt |
Technologists in air navigation services | N/A | Entitled to a rest period of at least 8 consecutive hours during each 24 hour period in which they work, subject to exceptions. | N/A | Exempt |
