Scope of application - Canada labour Code, part III - Section 1-802-1-IPG- 101

Disclaimer: This page has been prepared for reference only.

Effective date: September 1, 2019, revised February 1, 2022

Note: Pursuant to the Interpretation Act, in the following text, words importing male persons include female persons.

Guideline

1. Subject

This 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 (the 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.

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.

2. Issue

The following hours of work provisions have been added to Part III of the Canada Labour Code:

• breaks – 169.1
• rest periods – 169.2
• notice of hours of work –173.01
• shift changes – 173.1

These changes took effect on September 1, 2019.

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. For this purpose, the following 3 questions will be addressed:

1. what is the scope of application of the above noted hours of work provisions?
2. which classes of employees are subject to this interpretation?
3. how will non-monetary complaints pertaining to one of the 4 above-mentioned sectors be handled by the Labour Program until the second phase of Regulations come into force?

3. 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:

• breaks – 169.1
• rest periods – 169.2
• notice of hours of work –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. The inspector will determine whether the complaint is founded and may issue an Assurance of Voluntary Compliance (AVC). The Labour Program will work with the employer while progress continues on the development of the second phase of the Regulations.

4. 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.

5. Schedule - Job titles subject to IPG 101

*The schedule indicates whether an exception was granted.

Telecommunications
Job title	30-minute break	8-hour rest period	24 hours’ notice of shift change	96 hours’ notice of work schedule	NOC
Electronics engineering technologist Fiber optics technician Fiber optics technologist Electrical technician Communications technologist Radio frequency technologist	No	Yes	Yes	No	2241
Computer network technician Web site administrator	No	Yes	Yes	No	2281
Technical support analyst – systems User support technician	No	Yes	Yes	No	2282
Business office service representative – telecommunications Complaints clerk – customer service Client service clerk	No	Yes	No	No	6552
Electrician (except industrial and power system)	No	Yes	Yes	No	7241
Communication line technician Access technician – telecommunication	No	Yes	Yes	No	7245
Telecommunications equipment technician Installation and repair technician – telecommunications	No	Yes	Yes	No	7246
Cable television installer Cable television maintenance technician	No	Yes	Yes	No	7247
Electrical mechanic Switchgear repair electrical mechanic	No	Yes	Yes	No	7333

Broadcasting
Job title	30-minute break	8-hour rest period	24 hours’ notice of shift change	96 hours’ notice of work schedule	NOC
Anchor News reporter News writer News editor Photojournalist Video journalist	No	Yes	Yes	No	5123
Camera operator – news Electronic news gathering camera operator Electronic field production camera operator	No	Yes	Yes	No	5222
Broadcast technician – news Broadcast transmitter operator – news Broadcasting switcher - news Master control room (MCR) equipment operator – broadcasting – news Mobile broadcasting equipment operator – news Regional transmitter technician- news Short-wave receiving station technician – news Video transmission operator – news Engineering technician - news	No	Yes	Yes	No	5224
Electronic news gathering (ENG) editor Public address (P.A.) system operator- news Audio operator- news Sound engineer - news	No	Yes	Yes	No	5225
Lighting technicians	No	Yes	Yes	No	5226
News reader Radio host - news	No	Yes	Yes	No	5231

Air transportation
Job title	30-minute break	8-hour rest period	24 hours’ notice of shift change	96 hours’ notice of work schedule	NOC
Flight scheduler- aeronautics Flight crew scheduler Flight operating agents	Yes	No	Yes	Yes	1526
Aircraft maintenance engineer (AME) – avionics Avionics maintenance technician	Yes	No	Yes	Yes	2244
Air pilot Helicopter pilot	Yes	No	Yes	Yes	2271
Flight dispatcher Air traffic controller	Yes	No	Yes	No	2272
flight attendant	Yes	No	Yes	Yes	6522
Customer sales agent – airline Customer service agent – airline Load control agent- airline Airline cargo agent Passenger service agent- airline Certified load control agent	Yes	No	Yes	Yes	6523
Aircraft maintenance engineer (AME) (except avionics) Aircraft mechanic Aircraft maintenance mechanic; Aircraft technicians	Yes	No	Yes	Yes	7315
Ramp agent – air transport Ramp attendant – air transport Ramp station attendant- air transport Aircraft refuelers Baggage loader- air transport Turn around crew Baggage service agent - air transport Ground service equipment mechanic Cargo attendant - air transport; Aircraft groomer	Yes	No	Yes	Yes	7534
Food and beverage services attendant	Yes	No	Yes	Yes	6711

Airports
Job title	30- minute break	8-hour rest period	24 hours’ notice of shift change	96 hours’ notice of work schedule	NOC
Airfield operations and emergency response specialist Airfield operations specialist with emergency response responsibilities	Yes	Yes	Yes	Yes	2272
Airport fire department chief	Yes	Yes	Yes	Yes	0432
Airport firefighter	Yes	Yes	Yes	Yes	4312
Heavy duty mechanics for maintenance and repair of emergency or snow removal vehicles at airports	Yes	Yes	Yes	Yes	7312

Rail transportation
Job title	30-minute break	8-hour rest period	24 hours’ notice of shift change	96 hours’ notice of work schedule	NOC
Service employees on board trains Service manager Service coordinator Assistant service coordinator Activity coordinator Learning coordinator Senior service attendant	Yes	Yes	Yes	No	n/a
Signal and communications coordinator - railway	Yes	Yes	Yes	No	n/a
Intermodal clerk - railway	Yes	Yes	Yes	No	n/a
Welder inspector - railway	Yes	Yes	Yes	No	n/a
Crew dispatcher - railway	Yes	Yes	Yes	No	1526
Signal engineer - railway	Yes	Yes	Yes	No	2133
Railway technician	Yes	Yes	Yes	No	2231
Rail traffic controller	Yes	Yes	Yes	No	2275
Railway police constable Railway police officer Railway police sergeant – all except commissioned	Yes	Yes	Yes	No	4311
Locomotive fireman	Yes	Yes	Yes	No	4312
Onboard railway cook	Yes	Yes	Yes	No	6322
Train baggageman	Yes	Yes	Yes	No	6721
Welder foreman - railway	Yes	Yes	Yes	No	7201
Tinsmith - railway	Yes	Yes	Yes	No	7233
Steel bridge worker - railway	Yes	Yes	Yes	No	7235
Flash butt welder – railway Thermite welder – railway Welder - railway	Yes	Yes	Yes	No	7237
Electrician - railway Railway signal maintainer	Yes	Yes	Yes	No	7242
Plumber - railway	Yes	Yes	Yes	No	7251
Pipefitter - railway	Yes	Yes	Yes	No	7252
Carpenter - railway	Yes	Yes	Yes	No	7271
Brick and stone mason - railway	Yes	Yes	Yes	No	7281
Lead mechanic - railway	Yes	Yes	Yes	No	7301
Railway gang foreman; Railway track maintenance foreman; Freight loading foreman - railway; Loading dock foreman – railway.	Yes	Yes	Yes	No	7302
Mechanic - railway	Yes	Yes	Yes	No	7312
Rail car mechanic	Yes	Yes	Yes	No	7314
Locomotive engineer – railway Hostler - railway	Yes	Yes	Yes	No	7361
Conductor – railway yard Brakeman - railway	Yes	Yes	Yes	No	7362
Crane operator - railway	Yes	Yes	Yes	No	7371
Driller – railway Blaster - railway	Yes	Yes	Yes	No	7372
Railway car loader/unloader	Yes	Yes	Yes	No	7452
Heavy equipment operator	Yes	Yes	Yes	No	7521
Yardman Yardman - railway Car retarder operator Switchtender	Yes	Yes	Yes	No	7531 running trades
Yardmaster - railway Assistant yardmaster - railway Yard foreman - railway	Yes	Yes	Yes	No	7304
Railway trackman Railway track maintenance worker Snowplow operator – railway Extra gang labourer - railway Machine operator – railway Grinder operator – railway Locomotive attendant Railway equipment operator Trackmobile operator – railway	Yes	Yes	Yes	No	7531 non-running trades
Bridge labourer - railway Bridge gang worker – railway	Yes	Yes	Yes	No	7611
Track greaser – railway Rail lubricator Signal and communications worker – railway	Yes	Yes	Yes	No	7622
Painter - railway	Yes	Yes	Yes	No	9536