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

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 new hours of work provisions from September 1, 2019 until the coming into force of related regulations. The Regulations will either exempt classes of employees from certain hours of work provisions or will 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.

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 new hours of work provisions effective September 1, 2019 until the coming into force of new and amended hours of work regulations. For this purpose, the following 3 questions will be addressed:

what is the scope of application of the above noted new hours of work provisions?
which classes of employees are subject to this interpretation?
how will non-monetary complaints pertaining to one of the four above-mentioned sections be handled by the Labour Program until the regulations come into force?

3. Interpretation

The policy intent of the new 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, as of September 1, 2019, and until related exemption or modification regulations are 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 industrial sector:

road transportation
rail
marine transportation
longshoring
air transportation and airports
telecommunications
couriers
broadcasting, and
grain elevators and millers

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 the progress continues on the development of hours of work exemption and modification regulations.

4. Disclosure

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

Once the new regulation 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.

**Road transportation**
Job title	30 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of schedule	NOC
Route driver Delivery driver Courier service driver Delivery driver – parcels Delivery truck driver Messenger	No	No	Yes	Yes	1513
Freight checker Freight receiver Freight shipper Receiver Shipper Shipper-receiver	No	No	Yes	Yes	1521
Armored car driver Armored car guard Crew chief Guard	No	No	Yes	No	6541
Material handler Truck loader Warehouseperson Dockman – truck transport	No	No	Yes	Yes	7452
Bulk goods truck driver Flatbed truck driver Heavy truck driver Highway driver Long haul truck driver Tractor-trailer truck driver Transport driver Truck driver Freight truck driver	No	Yes	Yes	Yes	7511
Articulated bus operator Bus driver Bus driver – special needs passengers Bus operator Bus operator – accessible services Urban driver Public passenger transit driver Transit operator – transportation	Yes	No	No	No	7512
Delivery driver Courier driver	No	No	Yes	Yes	7514

**Longshoring**
Job title	30 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of schedule	NOC
Utility courier Relief staff	No	No	Yes	Yes	1511
Courier Courier service delivery person Courier service parcels deliverer Runner – courier service	No	No	Yes	Yes	1513
Warehouse employee – sortation on air ramps	No	No	Yes	Yes	n/a
Courier service driver Delivery driver Delivery truck driver Linehaul drivers Feeder drivers Package car drivers	No	No	Yes	Yes	7514

**Longshoring**
Job title	30 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of schedule	NOC
All job titles in this NOC – Longshore workers	Yes	Yes	Yes	Yes	7451

**Marine**
Job title	30 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of schedule	NOC
Chief engineer - water transport Engineer officer - water transport Fourth engineer - water transport Marine engineer officer Second engineer Third engineer - water Transport, tugboat engineer	Yes	Yes	Yes	Yes	2274
Boat dispatcher Tugboat dispatcher Water service dispatcher	Yes	Yes	No	No	1525
Barge captain Barge operator Cable ferry deckhand Cable ferry operator Charter boat captain Charter boat master Charter boat operator Ferry operator Motor boat operator Power cable ferry operator Reaction ferry operator Scow captain Scow operator Small craft operator Workboat operator	Yes	Yes	Yes	Yes	7533
Marine Personnel Regulations - On Ship Employees	Yes	Yes	Yes	Yes	n/a
All job titles in this NOC	Yes	Yes	Yes	Yes	2273
All job titles in this NOC	Yes	Yes	Yes	Yes	7532

**Telecommunications**
Job title	30 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of 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 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of 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

**Grains elevators and millers**
Job title	30 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of schedule	NOC
Assistant grain elevator manager Country grain elevator agent Grain elevator agent Primary grain elevator agent Country grain elevator operator Grain elevator operator Primary grain elevator operator	No	No	Yes	No	6221
Grain elevator maintenance mechanic	No	No	Yes	No	7311
Cribber Grain elevator Grain conveyor operator Grain handler Grain weigher	No	No	Yes	No	7452
Grain cleaner-dryer Grain cooker Grain meal processor Grain miller Grain roaster Grain sample miller Grain-cleaning machine operator Grain-processing machine operator	No	No	Yes	No	9461
Shipper and receiver (grain)	No	No	Yes	No	1521
Ship supply clerk (grain)	No	No	Yes	No	1524
Agronomist (sales)	No	No	Yes	No	2123
Grain inspection supervisor grain inspector Seed crop inspector Seed grains inspector	No	No	Yes	No	2222
Electrical technician (grain elevators)	No	No	Yes	No	2241

**Air transportation**
Job title	30 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of 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 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of 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**
Job title	30 minutes break	8 hour rest period	24 hour notice of shift change	96 hour notice of 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

Language selection

Search