Scope of application – hours of work provisions - IPG-101

On this page

• Subject
• Issue
• Interpretation
• Disclosure
• Schedule – Job titles subject to IPG-101

Subject

This Interpretations, Policies and Guidelines (IPG) outlines the scope of application of certain hours of work provisions from September 1, 2019 until the coming into force of the second phase of the Exemptions from and Modifications to Hours of Work Provisions Regulations (Regulations). The Regulations either exempt classes of employees from certain hours of work provisions or modify the provisions for the purpose of application to certain classes of employees. The purpose of this IPG is to outline the scope of application of sections 169.1, 169.2, 173.01, 173.1 in Division I of Part III (Labour Standards) of the Canada Labour Code (Code) to certain classes of employees, listed in the Schedule, in various industrial sectors.

Note: “employees” also includes “interns”. Student interns are subject to the interpretation of this IPG.

The first phase of the Regulations came into force on February 1, 2022. That phase covered the following sectors:

• road transportation
• postal and courier
• marine
• grain

The second phase of the Regulations will cover the following sectors (Phase 2 sectors):

• rail transportation
• air transportation
• banking
• telecommunications and broadcasting

This IPG will continue to apply to Phase 2 sectors until such time as the proposed Regulations come into force.

Issue

The following hours of work provisions have been added to the Code:

• break – 169.1
• rest period – 169.2
• notice – work schedule – 173.01
• shift changes – 173.1

It is necessary to provide a consistent interpretation of the scope of application of certain hours of work provisions until the coming into force of the second phase of the Regulations. This IPG addresses the following:

• the scope of application of the above noted hours of work provisions
• classes of employees subject to this interpretation
• how non-monetary complaints pertaining to one of the 4 above-mentioned sectors will be handled by the Labour Program until the second phase of Regulations come into force

Interpretation

The policy intent of the hours of work provisions is that they:

• be applied in conjunction with regulatory exemptions for classes of employees to which the provisions cannot reasonably be applied
• be modified, by way of regulation, where their application would be unduly prejudicial to the interests of certain classes of employees or seriously detrimental to the operation of the industrial establishment

In light of this policy intent, until the second phase of the Regulations is in place, employers may carry on business as usual with respect to the job titles in continuous operations and associated provisions identified in the Schedule. The National Occupational Classification (NOC) is for reference purposes only. This interpretation is limited to the following provisions:

• break – 169.1
• rest periods – 169.2
• notice – work schedule – 173.01
• shift changes – 173.1

In order to facilitate the application of this interpretation, the job titles and associated provisions have been listed in the Schedule by sectors that were not part of the first phase of the Regulations:

• telecommunications
• broadcasting
• air transportation
• airports
• rail transportation

This interpretation is not designed to deny employees their right to file a complaint. Any employee who is of the view that their employer has contravened the Code may file a complaint with the Labour Program. When a complaint related to one or more hours of work provisions and a job title identified in the Schedule is received, the Labour Program will investigate to determine whether the complaint is founded and may issue:

• an Assurance of Voluntary Compliance (AVC), or
• take other compliance measures up to and including an administrative monetary penalty, as applicable

The Labour Program will work with the employer while progress continues on the development of the second phase of the Regulations.

Disclosure

This interpretation applies exclusively to the specific job titles listed in the Schedule. This interpretation is not a guarantee that the same classes of employees will be the subject of exemption or modification in the second phase of the Regulations. The regulatory process is independent of this IPG.

Once the second phase of the Regulations comes into force, this IPG will no longer be in effect.

Schedule - Job titles subject to IPG 101

*The schedule indicates whether an exception was granted.