Breaks and rest period - Federally regulated workplaces
From: Employment and Social Development Canada
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- 30 minute break
- 8-hour rest period between shifts
- Medical break
- Nursing break
- Exemptions from, and Modifications to, Hours of Work Provisions Regulations
The Canada Labour Code provides for 3 types of breaks and a minimum rest period between work periods or shifts:
- 30-minute break
- 8-hour rest period between shifts
- Medical breaks
- Nursing breaks
Note: for the purpose of this web page, reference to “employee(s)” also includes persons that are often referred to as “interns” and “student interns” who are undertaking internships to fulfill the requirements of their educational program. For more information, visit Federal labour standards for interns and student interns.
30-minute break
Subject to the Exemptions from, and Modifications to, Hours of Work Provisions Regulations, as an employee, you are entitled to an unpaid break of at least 30 minutes during every period of 5 consecutive hours of work. Your employer must grant this break in 1 period, they cannot split the break. This does not apply to managers and certain professionals.
If your employer requires you to remain at their disposal during that break then you must receive compensation for that period. For example, if your employer requests that you remain at the workplace during your break to answer the telephone, then you must receive pay.
Exceptions
Your employer may postpone or cancel your break if it is necessary due to a situation that your employer could not reasonably anticipate and that situation presents or could reasonably present any of the following imminent or serious threats:
- to the life, health or safety of a person
- of damage to or loss of property, or
- of serious interference with the normal operation of the employer’s establishment
For more details, see:
- IPG-100: 30 minute breaks - Canada Labour Code, part III - Division I
- IPG-049: Excluded employees from Division I pursuant to subsection 167(2) of the Canada Labour Code - Part III
8-hour rest period between shifts
Subject to the Exemptions from, and Modifications to, Hours of Work Provisions Regulations, as an employee, you are entitled to an unpaid rest period of a minimum of 8 consecutive hours between each shift or work period. This does not apply to managers and certain professionals.
For more information, see: IPG-049: Excluded employees from Division I pursuant to subsection 167(2) of the Canada Labour Code - Part III.
Exceptions
Your employer may require you to work more hours than your scheduled hours. This may apply even if doing so would reduce your rest period below the minimum 8-hour rest period. Your employer can require you to work if it is necessary due to a situation that your employer could not reasonably anticipate and that situation presents or could reasonably present any of the following imminent or serious threats:
- to the life, health or safety of a person
- of damage to or loss of property, or
- of serious interference with the normal operation of the employer’s establishment
Medical break
As an employee, you are entitled to any necessary breaks for medical reasons. These breaks are unpaid.
When requested in writing, you must provide your employer with a certificate, issued by a health care practitioner. This certificate must state the duration and frequency of breaks required, as well as the start and end dates of the period in which breaks needed for medical reasons are to be taken.
Nursing break
If you are an employee who is nursing, you are entitled to any break that is necessary for you to nurse or express milk. These breaks are unpaid.
Exemptions from, and Modifications to, Hours of Work Provisions Regulations
The Exemptions from, and Modifications to, Hours of Work Provisions Regulations (Regulations) 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 Regulations list job titles, by sector, as per the National Occupational Classification, that were granted exemptions and/or modifications.
Note: For more information on which exemptions and/or modifications apply to you, please consult the Regulations.
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