Appendix A - Survey Procedure for Ascertaining a Prevailing Industry Practice in a Geographical Area - Motor Vehicle Operators Hours of Work Regulations - IPG-071
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Appendix A: Notice to the Manager of Labour Standards at NHQ that a survey is being conducted
**Date**
To
**Name of the Manager of Labour Standards at NHQ**
Manager, Labour Standards at NHQ
Workplace Directorate
cc District Manager, **Name of District Office** District Office
From
**Name of the Technical Advisor, Labour Standards**
Technical Advisor, Labour Standards
**Region**
Sent via E-Mail
Subject: Notice to Labour Standards at NHQ RE: Survey for Ascertaining Whether or Not There is a Prevailing Industry Practice in a Geographical Area
This is to inform you that Inspector **name of inspector** of the **Region** Region will be conducting a survey in the geographical area of **identify geographical area**.
This survey will apply to ****all federal road transport companies or federal road transport companies engaged in **identify specialized road transport sector** **** in that area.
The District Manager is requested to place any Part III complaints for overtime pay by motor vehicle operators in this geographical area on hold pending the outcome of the survey.
The Region will be notifying the national and applicable provincial trucking associations.
If you have any questions concerning this survey, please contact **name, title and telephone number of regional contact person**.
Appendix A.1 : Notice to National and applicable provincial trucking association that a survey is being conducted
**Date**
File No.: **Auto fill**
Assignment No.: **Auto fill**
***Name of the applicable trucking association(s)***
**Address**
Dear ****Mr./Mrs./Ms.**** **Name of the applicable trucking association(s)**:
Subject:
Canada Labour Code, Part III, Labour Standards
Survey Regarding City Drivers and Highway Drivers
The purpose of this letter is to inform you that over the next several months, the Labour Program - Human Resources and Skills Development Canada will be conducting a survey of federal jurisdiction road transportation companies in the geographical area of **area**.
***This survey will apply to federal road transport companies engaged in **identify specialized road transport sector** in that area.***
It is the policy of the Labour Program to provide notice to affected provincial and national trucking associations when a survey of this type is to be conducted.
The survey is necessary for the Labour Program to properly administer the overtime pay provisions of the Motor Vehicle Operators Hours of Work Regulations in the aforementioned geographical area.
Information regarding the overtime pay provisions of the Motor Vehicle Operators Hours of Work Regulations, and why surveys are required, is enclosed.
If you have any questions regarding this survey, or on the implications of the survey results, you may contact Inspector **name of inspector** at **telephone number**.
Yours sincerely,
**Name**, District Manager
****Complete address if not shown on letterhead****
Att.
Information Sheet: Overtime Pay Provisions of the Motor Vehicle Operators Hours Of Work Regulations.
The Motor Vehicle Operators Hours of Work Regulations provide for two categories of operators:
- highway motor vehicle operators (highway drivers) who are entitled to overtime pay at time and a half after working 60 hours in a week; and
- city motor vehicle operators (city drivers) who are entitled to overtime pay at time and a half after working either 9 hours in a day or 45 hours in a week.
A "highway motor vehicle operator" is a motor vehicle operator who is not a bus operator or a city motor vehicle operator.
A "city motor vehicle operator" is a motor vehicle operator who is not a bus operator and who:
- operates exclusively within a 10 mile (16 km) radius of his home terminal; or
- is classified as a city motor vehicle operator in a collective agreement entered into between his employer and a trade union acting on his behalf; or
- who is not classified in any such agreement but is considered to be a city motor vehicle operator according to the prevailing industry practice in the geographical area where he is employed (emphasis added).
In order to ascertain the "prevailing industry practice in the geographical area where the driver is employed," the Labour Program conducts a survey of road transportation companies in the affected geographical area.
For further information regarding the survey procedure used by the Labour Program, please see Interpretation Policy Guideline 700-10-IPG-071 Survey Procedure for Ascertaining a Prevailing Industry Practice in a Geographical Area.
Results of surveys that have been completed to date for various geographical areas across Canada are posted on our website.
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