Hours of Work

Alberta - Hours of Work

Hours of work confined

16(1)  An employee’s hours of work must be confined within a period of 12 consecutive hours in any one work day, unless

(a)  an accident occurs, urgent work is necessary to a plant or machinery or other unforeseeable or unpreventable circumstances occur, or

(b)  the Director issues a permit authorizing extended hours of work.

(2)  If hours of work have to be extended, they are to be increased only to the extent necessary to avoid serious interference with the ordinary working of a business, undertaking or other activity.

1996 cE-10.3 s16

Notice of work times

17(1)  Every employer must notify the employees of the time at which work starts and ends by posting notices where they can be seen by the employees, or by any other reasonable method.

(2)  An employer must not require an employee to change from one shift to another without at least 24 hours’ written notice and 8 hours of rest between shifts.

1996 cE-10.3 s17

Rest periods

18.   Every employer must allow each employee a total of at least 30 minutes of rest, whether paid or unpaid, during each shift in excess of 5 consecutive hours of work unless

(a)  an accident occurs, urgent work is necessary or other unforeseeable or unpreventable circumstances occur,

(b)  different rest provisions are agreed to pursuant to a collective agreement, or

(c)  it is not reasonable for the employee to take a rest period.

1996 cE-10.3 s18

Days of rest

19(1)  Every employer must allow each employee at least

(a)  one day of rest in each work week,

(b)  2 consecutive days of rest in each period of 2 consecutive work weeks,

(c)  3 consecutive days of rest in each period of 3 consecutive work weeks, or

(d)  4 consecutive days of rest in each period of 4 consecutive work weeks.

(2)  Every employer must allow each employee at least 4 consecutive days of rest after each 24 consecutive work days.

1996 cE-10.3 s19

Compressed work week

20(1)  An employer may require or permit an employee to work a compressed work week, consisting of fewer work days in the work week and more hours of work in a work day paid at the employee’s regular wage rate.

(2)  A compressed work week must be scheduled in advance and the schedule must meet the following requirements:

(a)  if the compressed work week is part of a cycle, the schedule must show all the work weeks that make up the cycle;

(b)  the maximum hours of work that an employee may be scheduled to work in a work day is 12 hours;

(c)  the maximum hours of work that an employee may be scheduled to work in a compressed work week is 44 hours;

(d)  if the compressed work week is part of a cycle, clause (c) does not apply and the maximum average weekly hours of work that an employee may be scheduled to work in the work weeks that are part of the cycle is 44 hours.

British Columbia - Hours of Work

Part 4 — Hours of Work and Overtime

Canada (Federal) - Hours of Work

Standard hours of work

169. (1) Except as otherwise provided by or under this Division
(a) the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and
(b) no employer shall cause or permit an employee to work longer hours than eight hours in any day or forty hours in any week.
Averaging

(2) Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may be prescribed by the regulations, as an average for a period of two or more weeks.

Duration of averaging

(2.1) The averaged hours of work calculated pursuant to subsection (2) remain in effect

(a) where the averaging of hours of work is agreed to in writing by an employer and a trade union, for the duration of that agreement or for such shorter period as is agreed to by the parties; or
(b) where the averaging of hours of work is not agreed to in writing by an employer and a trade union, for no longer than three years.
General holidays in week

(3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of his employer during the holidays.

R.S., 1985, c. L-2, s. 169; 1993, c. 42, s. 14.


Modified work schedule

170. (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if
(a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and
(b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.
Idem

(2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

(a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and
(b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.
Posting of notice

(3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

R.S., 1985, c. L-2, s. 170; 1993, c. 42, s. 15.


Maximum hours of work

171. (1) An employee may be employed in excess of the standard hours of work but, subject to sections 172, 176 and 177, and to any regulations made pursuant to section 175, the total hours that may be worked by any employee in any week shall not exceed forty-eight hours in a week or such fewer total number of hours as may be prescribed by the regulations as maximum working hours in the industrial establishment in or in connection with the operation of which the employee is employed.
Averaging

(2) Subsection 169(2) applies in the computation of the maximum hours of work in a week prescribed under this section.

R.S., c. L-1, s. 30; R.S., c. 17(2nd Supp.), s. 4; 1977-78, c. 27, s. 6.


Maximum hours of work

172. (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if
(a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and
(b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

Idem
(2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if
(a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and
(b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

Posting of notice
(3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

R.S., 1985, c. L-2, s. 172; 1993, c. 42, s. 16.


Vote

172.1 (1) Where a work schedule is established, modified or cancelled pursuant to subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request an inspector to conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation.
Duty of inspector

(2) Where a request has been made under subsection (1), the inspector shall conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation.


Confidentiality

(3) A request made under subsection (1), the ballots and any other documents relating to the vote are confidential and shall not be given to the employer.


Counting of ballots

(4) The inspector shall count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer.


Communication of result of vote

(5) The inspector shall report the result of the vote to the regional director, who shall then inform the employer, by written notice, of the result.


Effect of non-approval

(6) Where the result of the vote indicates that less than seventy per cent of the affected employees approve the new schedule or its modification or cancellation, the employer shall comply with the result of the vote within thirty days after being informed of that result by the regional director.


Regulations

(7) The Governor in Council may make regulations respecting the conduct of votes under this section.


Statutory Instruments Act not applicable

(8) The Statutory Instruments Act does not apply in respect of the written notice given by the regional director to the employer pursuant to subsection (5).

1993, c. 42, s. 16.


Duration

172.2 (1) A work schedule that is established or modified under subsection 170(1) or 172(1) remains in effect for the duration of the written agreement between the employer and the trade union.
Idem

(2) A work schedule that is established or modified under subsection 170(2) or 172(2) remains in effect for three years or for such shorter period as is agreed to by the parties.

1993, c. 42, s. 16.


Scheduling hours of work

173. Except as may be otherwise prescribed by the regulations, hours of work in a week shall be so scheduled and actually worked that each employee has at least one full day of rest in the week, and, wherever practicable, Sunday shall be the normal day of rest in the week.
R.S., c. L-1, s. 31.


Overtime pay

174. When an employee is required or permitted to work in excess of the standard hours of work, the employee shall, subject to any regulations made pursuant to section 175, be paid for the overtime at a rate of wages not less than one and one-half times his regular rate of wages.
R.S., c. L-1, s. 32; R.S., c. 17(2nd Supp.), s. 5.


Regulations for the purpose of this Division

175. (1) The Governor in Council may make regulations
(a) modifying the provisions of sections 169 and 171 for the purpose of the application of this Division to classes of employees who are employed in or in connection with the operation of any industrial establishment where, in the opinion of the Governor in Council, the application of those sections without modification
(i) would be or is unduly prejudicial to the interests of the employees in those classes, or
(ii) would be or is seriously detrimental to the operation of the industrial establishment;
(b) exempting any class of employees from the application of any one or more of sections 169, 171 and 174 where the Governor in Council is satisfied that those sections cannot reasonably be applied to that class of employees;
(c) providing that section 174 does not apply in circumstances where work practices specified in the regulations are followed that in the opinion of the Governor in Council make the application of that section either unreasonable or inequitable; and
(d) providing for the calculation of hours worked by employees of any class who are employed in any industrial establishment or in any class of industrial establishment.

Inquiries
(2) No regulations may be made pursuant to paragraph (1)(a) or (b) unless the Minister, pursuant to section 248, has caused an inquiry to be made into and concerning the employment of employees liable to be affected thereby and has received a report from the person or persons appointed to hold the inquiry.

R.S., c. 17(2nd Supp.), s. 5.


Excess hours under ministerial permit
176. (1) On the application of an employer or an employer’s organization, the Minister, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a permit in writing, authorize hours to be worked by any class of employees therein in excess of the maximum hours of work specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175.

Justifying permit
(2) No permit may be issued under subsection (1) unless the applicant has satisfied the Minister
(a) that there are exceptional circumstances to justify the working of additional hours;
(b) that the employer had posted a notice of the application for a permit under subsection (1), for at least thirty days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and
(c) if those employees are represented by a trade union, that the employer had informed the trade union in writing of the application for the permit.

Duration of permit
(3) A permit under subsection (1) shall be issued for the period specified therein, which shall not be longer than the period during which it is anticipated that the exceptional circumstances that justified the permit will continue.

Additional hours may be specified
(4) A permit under subsection (1) may specify either
(a) the total of the number of additional hours in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175, or
(b) the additional hours that may be worked in any day and in any week during the period of the permit.

Report to Minister
(5) Where a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Minister, within fifteen days after the expiration of the period specified in the permit or within such time as the Minister may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked.

R.S., 1985, c. L-2, s. 176; 1993, c. 42, s. 17.


Emergency work

177. (1) The maximum hours of work in a week specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175 may be exceeded, but only to the extent necessary to prevent serious interference with the ordinary working of the industrial establishment affected, in cases of
(a) accident to machinery, equipment, plant or persons;
(b) urgent and essential work to be done to machinery, equipment or plant; or
(c) other unforeseen or unpreventable circumstances.

Reporting additional work
(2) Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the regional director, and also to the trade union if the affected employees are subject to a collective agreement, within fifteen days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked.

R.S., 1985, c. L-2, s. 177; 1993, c. 42, s. 18.

Manitoba - Hours of Work

DIVISION 2

STANDARD HOURS OF WORK

Application of Division to construction industry

9. This Division does not apply to an employee whose standard hours of work are determined under The Construction Industry Wages Act.


Standard hours of work

10. The standard hours of work for an employee are

(a) 40 hours per week, or any greater number of hours per week prescribed by regulation or permitted by the director under section 13; and

(b) eight hours per day, or any greater number of hours per day

(i) provided for in a collective agreement that applies to the employee, or

(ii) prescribed by regulation or permitted by the director under section 13, if no collective agreement applies to the employee.

S.M. 2006, c. 26, s. 7.
11 Repealed.

S.M. 2006, c. 26, s. 8.


Averaging

12(1) An employer may determine an employee's standard hours of work for a specified period in accordance with subsection (2) if

(a) the employer is authorized to do so for that specified period

(i) by a collective agreement, or

(ii) in the absence of a collective agreement, by a permit issued by the director on application by the employer; and

(b) the employee's weekly standard hours of work would otherwise be not more than 40 hours.


Effect of averaging

12(2) If this subsection applies in determining an employee's standard hours of work for a specified period,

(a) section 10 does not apply to the employee; and

(b) the employee's standard hours of work for the specified period are as determined by the following formula:

Standard hours = W × H

In this formula,

W is the number of weeks in the specified period;

H is 40 or, if the average number of regular hours of work per week during the specified period as authorized by the collective agreement or the director's permit, as the case may be, is less than 40, that lesser number.

S.M. 2006, c. 26, s. 9.


Director may authorize increased standard hours

13. Subject to the regulations, the director may, on application by an employer, issue a permit authorizing the employer to increase the standard hours of work as the director considers fair and reasonable.

S.M. 2006, c. 26, s. 9.


Terms and conditions of permit

14(1) A permit under section 12 or 13 may be limited to one or more workplaces or classes of employees of the employer, and may include any terms or conditions the director considers appropriate.


Term of permit

14(2) Unless it is revoked, the permit is valid for three years or any shorter period specified in the permit.


Factors to be considered

14(3) Before issuing the permit, the director must consider the following:

(a) any industry customs or practices for the type of employment in question;

(b) any representation made by or on behalf of a majority of the employees who would be affected by the permit;

(c) any effect the permit could have on the safety, health or welfare of the public or the employees who would be affected by the permit;

(d) any relevant history of compliance or non-compliance with this Code;

(e) any other factors prescribed by regulation.


Director may amend or revoke permit

14(4) The director may, by written notice to the employer, amend or revoke the permit at any time before it expires.


Employer to post permit

14(5) While the permit remains in effect, the employer must keep it posted at the employer's premises where it can be seen by the affected employees.

WEEKLY DAY OF REST

Employer to provide day of rest

45 Subject to sections 46 and 47, an employer shall ensure that each employee has one rest period of not less than 24 consecutive hours in each week.


Employer may apply for exemption of business

46 An employer may apply to the director in writing to have the business exempted from the application of section 45, and the director may by order exempt the business, for such period as the director may specify in the order, if the director is satisfied that the application of section 45 to the business

(a) is an undue hardship to the employer;

(b) is of little or no benefit to the employees owing to the remote location of the business;

(c) in the case of a business that operates only part of the year, unduly restricts the operation of the business; or

(d) causes severe loss to the business owing to the circumstances in which it operates.

New Brunswick - Hours of Work

HOURS OF WORK
14. Subject to sections 17, 39 and 41 and to any other Act, there is no limit on the number of hours an employee may work during any daily, weekly or monthly period.
1984, c.42, s.8.

15(1) The Lieutenant-Governor in Council may by regulation prescribe the maximum number of hours an employer may require an employee to work during a daily, weekly or monthly period at the minimum wage rate, and may prescribe the employees or categories of employees in any industry, business, trade or occupation to which the prescribed maximum number of hours will apply.

15(2) A regulation made under this section shall be posted in like manner as a regulation made under section 9.

16. Where a regulation is in effect under subsection 15(1), an employee who works for an employer in excess of the prescribed maximum hours of work shall be paid by the employer at a rate of not less than one and one-half times the minimum wage rate.

WEEKLY REST PERIOD
1984, c.42, s.9.
17(1) Where an employer employs an employee other than
(a) an employee who, in the opinion of the Director, is required to cope with an emergency; or
(b) an employee who is not usually employed for more than three hours in any one day;
the employer shall give to the employee a weekly rest period of at least twenty-four consecutive hours, to be taken, if possible, through Sunday or, if the Director approves, to be accumulated and taken later, either part at a time or all together.

17(2) Nothing in this section authorizes any work to be done on Sunday that is now prohibited by law.
1984, c.42, s.10; 1988, c.59, s.2.

17.1(1) In this section
“retail business” means a retail business as defined in the Days of Rest Act.

17.1(2) Subject to subsections (3) and (4), an employee may refuse to work on a Sunday, whether or not the Sunday is also a prescribed day of rest, if the work is in a retail business or part of a retail business that is exempted from the application of the Days of Rest Act
(a) solely under
(i) a by-law made under paragraph 11(1)(e.1) of the Municipalities Act, or
(ii) a permit issued under section 27.7 of the Municipalities Act,
(b) solely under subsection 7.1(1) of that Act, or
(c) under exemptions referred to in both paragraphs (a) and (b) but under no other provision of the Days of Rest Act.

17.1(3) An employee may, under subsection (2), refuse to work only on a Sunday on which the exemption or exemptions referred to in that subsection apply.

17.1(4) An employee who is permitted to refuse to work on a Sunday under subsection (2) shall give the employer verbal or written notice of refusal at least fourteen days before any Sunday on which the employee refuses to work.

17.1(4.1) An employee may, at one time, give at least fourteen days notice under subsection (4) in relation to one Sunday, more than one Sunday, all Sundays or any combination of Sundays.

17.1(5) Notwithstanding anything in this Act, no employer or person acting on behalf of an employer shall dismiss, suspend, lay off, penalize, discipline or discriminate against an employee because
(a) the employee has refused or attempted to refuse to work on a Sunday, if the employee was permitted to do so under subsection (2), or
(b) the employee seeks to enforce the employee’s rights under this section.
 

Newfoundland and Labrador - Hours of Work

HOURS OF WORK

Definitions
21. In this Part
(a) "standard working hours" means the number of prescribed hours in a week for employees or a class of employees in prescribed undertakings; and
(b) "week" means a period of 7 continuous days designated and consistently used by an employer for the purpose of this Part, or a period of 7 continuous days beginning after midnight on a day that may be prescribed by the regulations.
1977 c52 s21; 1992 c17 s6

Designation of week
21.1 (1) An employer may designate a period of 7 continuous days as a week for the purpose of this Part.
(2) Where an employer who has designated a period of 7 continuous days as a week for the purpose of this Part changes that designation and an employee of the employer believes that he or she has suffered a loss of wages as a result of the change of designation, the employee may make a complaint to the director.
(3) Where a complaint is made against an employer under subsection (2), the onus of proving that an employee of his or hers has not suffered a loss of wages as a result of the change of designation rests with the employer.
1992 c17 s7

Day of rest
22. (1) An employer shall grant to every employee a period of rest of not less than 24 consecutive hours during each week of employment.
(2) Without limiting anything contained in a statute of the province relating to specific undertakings, the rest period referred to in subsection (1) shall be a Sunday wherever possible.
(3) Subsection (1) does not apply in respect of
(a) [Rep. by 2001 c33 s8]
(b) employees or a class of employees employed in prescribed undertakings or a part of them;
(c) employees of employers who have applied for and received from the minister a written exemption from subsection (1); or
(d) employees engaged in work of an emergency nature that necessitates immediate remedial action,
and in case of dispute in relation to employees referred to in paragraph (d), the board shall, subject to the regulations, determine whether or not an employee is an employee to which that paragraph applies.
(4) An exemption mentioned in paragraph (3)(c) applies only for the period and subject to those conditions, including conditions relating to accumulation of periods of rest, that the minister may set out in the written exemption.
(5) The minister may exempt an employer from the application of subsection (1) and may vary or revoke that exemption.
1977 c52 s22; 2001 c33 s8; 2004 c47 s22

Daily maximum hours
23. Except in the case of an emergency that constitutes an imminent hazard to life or property, an employer shall permit an employee to take and an employee shall take not less than 8 consecutive hours off work in each unbroken 24 hour period of employment.
1977 c52 s23

Rest period
24. (1) Subject to the regulations, an employer shall permit an employee to take an unbroken rest period of 1 hour immediately following each 5 consecutive hours employed under the contract of service.
(2) A collective agreement within the meaning of theLabour Relations Act or in a written contract of service between the employer and the employee may make provision for a rest period that differs from that provided for in subsection (1) both with respect to its duration and timing and a rest period set out in that collective agreement or written contract of service shall be considered to be a rest period for the purpose of this Part in respect of an employer and an employee bound by the collective agreement or written contract of service.
1992 c17 s8

Overtime
25. (1) Where an employee works in excess of the standard working hours as permitted by this Part, the employer shall pay to the employee the rate of wages for overtime that may be set out in the regulations by prescribed formula, which may differ for different classes of employees in different undertakings or a part of them.
(2) An employer may compensate an employee for overtime hours by giving one and a half hours of paid time off work for each hour of overtime worked instead of overtime pay where,
(a) the employer and the employee agree to do so; and
(b) the paid time off work is taken within 3 months of the work week in which the overtime was earned or, with the employee's agreement, within 12 months of that work week.
(3) Where the employment of an employee ends before the paid time off is taken under subsection (2), the employer shall pay the employee overtime pay for the overtime hours that were worked.
1977 c52 s25; 2001 c33 s9

Overtime not compensible
25.1 Where an employee agrees with one or more other employees to a change in their work schedule and the employer of the employee grants the employee, after the employee has requested in writing to do so, a change in the employee's work schedule that results in the employee working in excess of the standard working hours as permitted by this Part, the employer is not required to pay the employee the rate of wages for overtime set by the regulations.
2001 c33 s10

Regulations
26. The Lieutenant-Governor in Council may make regulations for the purpose of this Part
(a) fixing the number of hours in a week to comprise the standard working hours for the purpose of paragraph 21(a), and prescribing the same or different hours for employees or classes of employees employed in different specified undertakings;
(b) fixing the day when a week is to begin for a specified undertaking, or part of it, for the purposes of paragraph 21(b);
(c) fixing the maximum number of hours and days in each week to be worked by employees or classes of employees in particular specified undertakings, or a part of them;
(d) setting the minimum rates of wages for overtime referred to in section 25 to be paid to employees or classes of employees who work in excess of the standard working hours in a particular specified undertaking;
(e) exempting employees or classes or groups of employees of employers in specified undertakings or classes of undertakings from the application of all or a part of this Part;
(f) regulating periods of work in each day to be carried out by employees or groups or classes of employees working for employers in specified undertakings or classes of undertakings; and
(g) varying the rest period set out in section 24 and setting the same or different rest periods for different undertakings or groups or classes of employees in undertakings.

Nova Scotia - Hours of Work

HOURS OF LABOUR

Powers respecting hours of labour
61 (1) The Governor in Council may determine all or any of the following:
(a) the number of hours per day or per week during which a person employed in industrial undertakings may work;
(b) the kinds of industrial undertakings to which this Section applies;
(c) the categories of employees employed in an industrial undertaking to whom this Section applies;
(d) the districts of the Province to which this Section applies;
(e) the length of time during which this Section applies.
(2) This Section does not apply to persons holding positions of supervision or management, nor to persons employed in a confidential capacity.
(3) Notwithstanding subsection (1), the limit of hours of work determined by the Governor in Council may be exceeded in those processes which are required by reason of the nature of the processes to be carried on continuously by a succession of shifts. R.S., c. 246, s. 61; 1991, c. 14, s. 22.

Variation of hours in certain cases
62 Where by law, custom, or agreement between employers' and workers' organizations, or, where no such organizations exist, between employers' and workers' representatives, the hours of work on one or more days of the week are less than the period determined by the Governor in Council, the period so determined may be exceeded on the remaining days of the week by agreement between such organizations or representatives. R.S., c. 246, s. 62; 1991, c. 14, s. 23.

Excess hours in special cases
63 The limit of hours of work determined by the Governor in Council may be exceeded in case of accident, actual or threatened, or in case of urgent work to be done to machinery or plant, or in case of vis major, but only so far as may be necessary to avoid serious interference with the ordinary working of the undertaking. R.S., c. 246, s. 63; 1991, c. 14, s. 24.

Exception
64 The limit of hours of work determined by the Governor in Council may be exceeded in those processes which are required, by reason of the nature of the process, to be carried on continuously by a succession of shifts. R.S., c. 246, s. 64; 1991, c. 14, s. 25.

Where hours of labour restricted
65 An employer engaged in an industry to which Section 61 is declared to apply shall
(a) notify by means of notices posted conspicuously in the establishment, or any other convenient place, or in any other manner determined by or under the authority of the Governor in Council, the hours at which work begins and ends, and, where work is carried on by shifts, the hours at which each shift begins and ends, and no change shall be made in these hours except upon such notice and in such manner as may be approved by or under the authority of the Governor in Council; and
(b) notify in the same way the rest intervals accorded during the period of work that are not reckoned as part of the working hours. R.S., c. 246, s. 65; 1991, c. 14, s. 26.

Period of rest
66 (1) An employer in any industrial undertaking, except as otherwise provided herein, shall
(a) grant each of his employees a period of rest comprising at least twenty-four consecutive hours in every period of seven days; and
(b) whenever possible grant the period of rest simultaneously to all employees in any establishment and grant the day of rest on Sunday.
(2) An employer, other than in an industrial undertaking, except as otherwise provided herein, shall grant each of the employees a period of rest comprising at least twenty-four consecutive hours in every period of seven days.
(3) Notwithstanding subsection (1) or (2), an employer may require more than six consecutive days of work
(a) in case of an accident;
(b) in the case of work required to be done to the machinery or establishment of the employer whose employees are affected;
(c) in the case of an occurrence beyond human control,
but only to the extent necessary to avoid serious interference with the ordinary working of the employer's undertaking.
(4) Notwithstanding subsection (1) or (2), an employer may require more than six consecutive days of work in accordance with an order of the Director, where, upon application of the employer, the Director by such order approves, with or without conditions, the substitution of an alternative arrangement for a period of rest. R.S., c. 246, s. 66; 1991, c. 14, s. 27.

Working in retail business on uniform closing day
66A (1) Notwithstanding any contract of employment or agreement made before or after the coming into force of this subsection, no employee is required, and no employer shall require an employee, to work or to sign a contract of employment or agreement that requires the employee to work in a retail business on a uniform closing day unless the retail business is of a class of retail business exempted from the application of this Section.
(2) Where an employee to whom subsection (1) applies has agreed to work on uniform closing days, the employee may refuse to work on uniform closing days or on a particular uniform closing day if the employee gives the employer at least seven days notice to that effect before the employee is scheduled to begin such work or, where the employee receives less than seven days notice of being scheduled for such work, the employee gives the employer notice to that effect within two days of receiving the notice from the employer. 2003 (2nd Sess.), c. 7, s. 13; 2006, c. 10, s. 5.

Rest or eating break
66B (1) An employee is entitled to a rest or eating break of at least one-half hour at intervals such that as a result no employee is required to work longer than five consecutive hours without a rest or eating break.
(2) Notwithstanding subsection (1), where an employee works more than ten consecutive hours, the employee is entitled to at least one rest or eating break of at least one-half hour and other rest or eating breaks totalling at least one-half hour for each five consecutive hours of work.
(3) Subsections (1) and (2) do not apply
(a) where an accident occurs, urgent work is necessary or unforeseeable or unpreventable circumstances occur;
(b) where it is unreasonable for an employee to take a meal break;
(c) to an employee whose terms of employment are determined by a collective agreement; or
(d) in any other case prescribed by the regulations.
(4) Where it is necessary for medical reasons, an employee is entitled to a rest or eating break at a time or times other than when provided by subsection (1) or (2).
(5) Where an employee has worked five hours and has not been provided a rest or eating break, the employee is entitled to eat while working.
(6) The Governor in Council may make regulations prescribing cases where subsections (1) or (2) do not apply.
(7) The exercise by the Governor in Council of the authority contained in subsection (6) is regulations within the meaning of the Regulations Act. 2006, c. 32, s. 1.

Complaint to Director or Tribunal
67 (1) An employee to whom Section 61 applies who is required to work more hours than provided by order in accordance with Section 61 or whose employer does not grant him a day of rest in accordance with Section 66 or a rest or eating break in accordance with Section 66B may make a complaint to the Director in accordance with subsection (2) of Section 21.
(2) An employee who has made a complaint under subsection (1) and who is not satisfied with the result may make a complaint to the Tribunal in accordance with Section 23. R.S., c. 246, s. 67; 2006, c. 32, s. 2.

Ontario - Hours of Work

HOURS OF WORK AND EATING PERIODS

Limit on hours of work
17.  (1)  Subject to subsections (2) and (3), no employer shall require or permit an employee to work more than,
(a) eight hours in a day or, if the employer establishes a regular work day of more than eight hours for the employee, the number of hours in his or her regular work day; and
(b) 48 hours in a work week. 2004, c. 21, s. 4.

Exception: hours in a day
(2)  An employee’s hours of work may exceed the limit set out in clause (1) (a) if the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a day in excess of the limit and his or her hours of work in a day do not exceed the number specified in the agreement. 2004, c. 21, s. 4.

Exception: hours in a work week
(3)  An employee’s hours of work may exceed the limit set out in clause (1) (b) if,
(a) the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a work week in excess of the limit;
(b) the employer has received an approval under section 17.1 that applies to the employee or to a class of employees that includes the employee; and
(c) the employee’s hours of work in a work week do not exceed the lesser of,
(i) the number of hours specified in the agreement, and
(ii) the number of hours specified in the approval. 2004, c. 21, s. 4.

Same, pending approval
(4)  Despite subsection (3), an employee’s hours of work may exceed the limit set out in clause (1) (b) even though the employer has not received the approval described in clause (3) (b), if,
(a) the employee has made an agreement described in clause (3) (a) with the employer;
(b) the employer has served on the Director an application for an approval under section 17.1;
(c) the application is for an approval that applies to the employee or to a class of employees that includes the employee;
(d) 30 days have passed since the application was served on the Director;
(e) the employer has not received a notice that the application has been refused;
(f) the employer’s most recent previous application, if any, for an approval under section 17.1 was not refused;
(g) the most recent approval, if any, received by the employer under section 17.1 was not revoked;
(h) the employer has posted and kept posted a copy of the application in at least one conspicuous place in the workplace where the employee works, so that it is likely to come to the employee’s attention; and
(i) the employee’s hours of work in a work week do not exceed any of,
(i) the number of hours specified in the application,
(ii) the number of hours specified in the agreement, and
(iii) 60 hours. 2004, c. 21, s. 4.

Document re employee rights
(5)  An agreement described in subsection (2) or in clause (3) (a) is not valid unless,
(a) the employer has, before the agreement is made, provided the employee with a copy of the most recent document published by the Director under section 21.1; and
(b) the agreement contains a statement in which the employee acknowledges that he or she has received a document that the employer has represented is the most recent document published by the Director under section 21.1. 2004, c. 21, s. 4.

Revocation by employee
(6)  An employee may revoke an agreement described in subsection (2) or in clause (3) (a) two weeks after giving written notice to the employer. 2004, c. 21, s. 4.

Revocation by employer
(7)  An employer may revoke an agreement described in subsection (2) or in clause (3) (a) after giving reasonable notice to the employee. 2004, c. 21, s. 4.

Transition: certain agreements
(8)  For the purposes of this section,
(a) an agreement to exceed the limit on hours of work in a day set out in clause (1) (a) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in subsection (2);
(b) an agreement to exceed the limit on hours of work in a work week set out in clause (1) (b) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in clause (3) (a); and
(c) an agreement to exceed the limit on hours of work in a work week set out in clause (2) (b) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in clause (3) (a). 2004, c. 21, s. 4.

Document re employee rights – exceptions
(9)  Subsection (5) does not apply in respect of,
(a) an agreement described in subsection (8); or
(b) an agreement described in subsection (2) or in clause (3) (a) in respect of an employee who is represented by a trade union. 2004, c. 21, s. 4.

Transition: document re employee rights
(10)  On or before June 1, 2005, an employer who made an agreement described in subsection (8) with an employee who is not represented by a trade union shall provide the employee with a copy of the most recent document published by the Director under section 21.1. 2004, c. 21, s. 4.

Transition: application for approval before commencement
(11)  If the employer applies for an approval under section 17.1 before March 1, 2005, the 30-day period referred to in clause (4) (d) shall be deemed to end on the later of,
(a) the last day of the 30-day period; and
(b) March 1, 2005. 2004, c. 21, s. 4.

Hours in work week: application for approval
17.1  (1)  An employer may apply to the Director for an approval allowing some or all of its employees to work more than 48 hours in a week. 2004, c. 21, s. 4.

Form
(2)  The application shall be in a form provided by the Director. 2004, c. 21, s. 4.

Service of application
(3)  The application shall be served on the Director,
(a) by being delivered to the Director’s office on a day and at a time when it is open;
(b) by being mailed to the Director’s office using a method of mail delivery that allows delivery to be verified; or
(c) by being sent to the Director’s office by electronic transmission or by telephonic transmission of a facsimile. 2004, c. 21, s. 4.

When service effective
(4)  Service under subsection (3) shall be deemed to be effected,
(a) in the case of service under clause (3) (a), on the day shown on a receipt or acknowledgment provided to the employer by the Director or his or her representative;
(b) in the case of service under clause (3) (b), on the day shown in the verification;
(c) in the case of service under clause (3) (c), on the day on which the electronic or telephonic transmission is made, subject to subsection (5). 2004, c. 21, s. 4.

Same
(5) Service shall be deemed to be effected on the next day on which the Director’s office is not closed, if the electronic or telephonic transmission is made,
(a) on a day on which the Director’s office is closed; or
(b) after 5 p.m. on any day. 2004, c. 21, s. 4.

Application to be posted
(6)  An employer who makes an application under subsection (1) shall,
(a) on the day the application is served on the Director, post a copy of the application in at least one conspicuous place in every workplace of the employer where the employee or class of employees in respect of whom the application applies works, so that it is likely to come to the attention of the employee or class of employees;
(b) keep the copy or copies posted as set out in clause (a) until an approval is issued or a notice of refusal is given to the employer. 2004, c. 21, s. 4.

Criteria
(7)  The Director may issue an approval to the employer if the Director is of the view that it would be appropriate to do so. 2004, c. 21, s. 4.

Same
(8)  In deciding whether it is appropriate to issue an approval to the employer, the Director may take into consideration any factors that he or she considers relevant, and, without restricting the generality of the foregoing, he or she may consider,
(a) any current or past contraventions of this Act or the regulations on the part of the employer;
(b) the health and safety of employees; and
(c) any prescribed factors. 2004, c. 21, s. 4.

Employees to whom approval applies
(9)  An approval applies to the employee or class of employees specified in the approval, and applies to every employee in a specified class whether or not the employee was employed by the employer at the time the approval was issued. 2004, c. 21, s. 4.

Same
(10)  For greater certainty, all the employees of the employer may constitute a specified class. 2004, c. 21, s. 4.

Approval to be posted
(11)  An employer to whom an approval is issued shall,
(a) remove the copy or copies of the application that were posted under subsection (6); and
(b) post the approval or a copy of the approval in at least one conspicuous place in every workplace of the employer where the employee or class of employees in respect of whom the approval applies works, so that it is likely to come to the attention of the employee or class of employees. 2004, c. 21, s. 4.

Same
(12)  The employer shall keep each approval or copy posted as set out in clause (11) (b) until the approval expires or is revoked, and shall then remove it. 2004, c. 21, s. 4.

Expiry
(13)  An approval under this section expires on the date that is specified in the approval, which shall not be more than three years after the approval was issued. 2004, c. 21, s. 4.

Same
(14)  Despite subsection (13), an approval under this section that would allow an employee to work more than 60 hours in a week shall specify an expiry date that is not more than one year after the approval was issued. 2004, c. 21, s. 4.

Conditions
(15)  The Director may impose conditions on an approval. 2004, c. 21, s. 4.

Revocation
(16)  The Director may revoke an approval on giving the employer such notice as the Director considers reasonable in the circumstances. 2004, c. 21, s. 4.

Criteria
(17)  In deciding whether to impose conditions on or to revoke an approval, the Director may take into consideration any factors that he or she considers relevant, including but not limited to any factor that the Director could consider under subsection (8). 2004, c. 21, s. 4.

Further applications
(18)  For greater certainty, nothing in this section prevents an employer from applying for an approval after an earlier approval expires or is revoked or after an application is refused. 2004, c. 21, s. 4.

Refusal to approve
(19)  If the Director decides that it is inappropriate to issue an approval to the employer, the Director shall give notice to the employer that the application for approval has been refused. 2004, c. 21, s. 4.

Notice to be posted
(20)  An employer who receives notice from the Director that an application has been refused shall,
(a) remove the copy or copies of the application that were posted under subsection (6); and
(b) for the 60-day period following the date on which the notice was issued, post and keep posted the notice or a copy of it in at least one conspicuous place in every workplace of the employer where the employee or the class of employees in respect of whom the application applied works, so that it is likely to come to the attention of that employee or class of employees. 2004, c. 21, s. 4.

Termination of old approvals
(21)  Any approval granted by the Director under a regulation made under paragraph 8 of subsection 141 (1), as that paragraph read on February 28, 2005, ceases to have effect on March 1, 2005. 2004, c. 21, s. 4.

Time for applications
(22)  An application under subsection (1) may be made on or after the day the Employment Standards Amendment Act (Hours of Work and Other Matters), 2004 receives Royal Assent. 2004, c. 21, s. 4.

Non-application of s. 5 (2)
17.2  Despite subsection 5 (2), an employer shall not require or permit an employee to work more than the limit specified in clause 17 (1) (b), except in accordance with subsection 17 (3) or (4), even if one or more provisions in the employee’s employment contract that directly relate to limits on hours of work provide a greater benefit, within the meaning of subsection 5 (2), to an employee than is provided by section 17. 2004, c. 21, s. 4.

Delegation by Director
17.3  (1)  The Director may authorize an individual employed in the Ministry to exercise a power or to perform a duty conferred on the Director under section 17.1, either orally or in writing. 2004, c. 21, s. 4.
Residual powers
(2)  The Director may exercise a power conferred on the Director under section 17.1 even if he or she has delegated it to a person under subsection (1). 2004, c. 21, s. 4.

Hours free from work
18.  (1)  An employer shall give an employee a period of at least 11 consecutive hours free from performing work in each day. 2000, c. 41, s. 18 (1); 2002, c. 18, Sched. J, s. 3 (10).
Exception
(2)  Subsection (1) does not apply to an employee who is on call and called in during a period in which the employee would not otherwise be expected to perform work for his or her employer. 2000, c. 41, s. 18 (2).
Free from work between shifts
(3)  An employer shall give an employee a period of at least eight hours free from the performance of work between shifts unless the total time worked on successive shifts does not exceed 13 hours or unless the employer and the employee agree otherwise. 2000, c. 41, s. 18 (3).
Weekly or biweekly free time requirements
(4)  An employer shall give an employee a period free from the performance of work equal to,
(a) at least 24 consecutive hours in every work week; or
(b) at least 48 consecutive hours in every period of two consecutive work weeks. 2000, c. 41, s. 18 (4).

Exceptional circumstances
19.  An employer may require an employee to work more than the maximum number of hours permitted under section 17 or to work during a period that is required to be free from performing work under section 18 only as follows, but only so far as is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations:
1. To deal with an emergency.
2. If something unforeseen occurs, to ensure the continued delivery of essential public services, regardless of who delivers those services.
3. If something unforeseen occurs, to ensure that continuous processes or seasonal operations are not interrupted.
4. To carry out urgent repair work to the employer’s plant or equipment. 2000, c. 41, s. 19.

Eating periods
20.  (1)  An employer shall give an employee an eating period of at least 30 minutes at intervals that will result in the employee working no more than five consecutive hours without an eating period. 2000, c. 41, s. 20 (1).
Exception
(2)  Subsection (1) does not apply if the employer and the employee agree, whether or not in writing, that the employee is to be given two eating periods that together total at least 30 minutes in each consecutive five-hour period. 2000, c. 41, s. 20 (2).

Payment not required
21.  An employer is not required to pay an employee for an eating period in which work is not being performed unless his or her employment contract requires such payment. 2000, c. 41, s. 21.

Director to prepare document
21.1  (1)  The Director shall prepare and publish a document that describes such rights of employees and obligations of employers under this Part and Part VIII as the Director believes an employee should be made aware of in connection with an agreement referred to in subsection 17 (2) or clause 17 (3) (a). 2004, c. 21, s. 5.
If document not up to date
(2)  If the Director believes that a document prepared under subsection (1) has become out of date, he or she shall prepare and publish a new document. 2004, c. 21, s. 5.
 

Prince Edward Island - Hours of Work

HOURS OF WORK
15. (1) The standard work week shall be forty-eight hours.

(2) The board may exempt specific employers or industries from the standard work week provisions and may substitute other prescribed standards for an employer or industry.

(3) In granting any such exemption the board shall take into account the following factors:
(a) the seasonal nature of the work;
(b) the effect of the extended hours on the health and safety of workers and the public;
(c) work requirements that include the need to have employees in the  work premises while not always engaged in work-related activities;
and
(d) the duration of the work schedule proposed by the employer or customary in the industry.

(4) Overtime at the rate of 1 and 1/2 times the regular rate of pay shall be paid for all work in excess of the standard work week except where the board has prescribed a standard work week in excess of forty-eight hours, in which case overtime at the rate of 1 and 1/2 times the regular rate of pay shall be paid for all work in excess of the standard work week prescribed by the board for an employer or industry. 1992,c.18,s.15.

REST PERIODS
16. (1) An employer shall provide each employee, except those employees excluded by the regulations, with a rest period of at least twenty-four consecutive hours in every period of seven days and, whenever possible, that rest period shall include Sunday.

(2) An employer shall provide for each employee a rest or eating period of at least one-half hour at intervals such that as a result no employee works longer than five consecutive hours without a rest or eating period. 1992,c.18,s.16.

16.1 (1) An employee who, immediately before the day this section comes into force, is employed by an employer engaged in a retail business to which the Retail Business Holidays Act R.S.P.E.I. 1988, Cap. R-13.02 applies, may refuse to work on any Sunday for that employer if the employee gives the employer verbal or written notice of refusal at least seven days before any Sunday to which the refusal applies.

(2) An employee may give the notice required by subsection (2) in relation to one Sunday, more than one Sunday or any combination of Sundays.

(3) No employer, or person acting on behalf of an employer, shall penalize dismiss, suspend, lay off, penalize, discipline or discriminate against an employee because the employee has refused, or given a notice of refusal, to work on a Sunday under subsection (1). 2006,c.21,s.2.
 

Quebec - Hours of Work

Neither does it apply where the nature of the work or the conditions of execution are such that it is ordinarily completed within a three hour period, such as the work of a school-crossing guard or usher.

Maximum working hours.

Exceptions

This section does not apply where there is a danger to the life, health or safety of employees or the population, where there is a risk of destruction or serious deterioration of movable or immovable property or in any other case of superior force, or if the refusal is inconsistent with the employee's professional code of ethics.

Saskatchewan - Hours of Work

PART I
                                    Hours of Work

Interpretation of Part
    5   In this Part, "day" means any period of 24 consecutive hours.
                                                1994, c.39, s.5.
8

c.L-1                            LABOUR STANDARDS



Hours of work and overtime pay
    6(1) Subject to sections 7, 9 and 12, no employer shall, unless he complies with
    subsection (2), require or permit any employee to work or to be at his disposal for
    more than eight hours in any day or 40 hours in any week.
    (2) Subject to sections 7 and 9, an employer who requires or permits an employee
    to work or to be at his disposal for more than eight hours in any day or 40 hours in
    any week shall pay to that employee wages at the rate of time and one-half for each hour or part of an hour in excess of eight hours in any day, or 40 hours in any week,
    during which he require or permits the employee to work or to be at his disposal.
    (3) In applying subsection (2), where the total of the daily excesses differs from
    the weekly excess, the employer shall make payment in respect of the greater
    excess.
    (4) The hours during which an employee is required or permitted to work or to be
    at the disposal of his or her employer are deemed not to include any meal break
    allowed to employees if notice of the meal break is given in accordance with
    subsection 13.1(1) and if the employee is not in fact at the disposal of his or her
    employer during the meal break.
    (5) For the purpose of calculating the wages of an employee on an hourly basis in
    order that the employee may receive the wages to which he is entitled pursuant to
    this Act, the following rules apply:
     1   Where the employee is paid his wages on a daily basis, the hourly wage of the
         employee shall be the regular wages of the employee for one day divided by
         the number of hours of the day during which the employee is required or
         permitted to work or to be at the disposal of his employer, and in no case shall
         the number of hours exceed eight;
     2   Where the employee is paid his wages on a weekly basis, the hourly wage of
         the employee shall be the regular wages of the employee for one week divided
         by the number of hours of the week during which the employee is required or
         permitted to work or to be at the disposal of his employer, and in no case shall
         the number of hours exceed 40;
     3   Where the employee is paid his wages on a monthly basis, the hourly wage of
         the employee shall be the regular wages of the employee for one month
         multiplied by 12 and divided by the figure received when 52 is multiplied by
         the number of hours of the week during which the employee is required or
         permitted to work or to be at the disposal of his employer, and in no case shall
         the number of hours exceed 40;
     4   Where the employee is paid his wages on a basis other than an hourly, daily,
         weekly or monthly basis, the hourly wage of the employee shall be determined
         in accordance with the regulations.
                                                1976-77, c.36, s.6; R.S.S. 1978, c.L-1, s.6; 1994,
                                                c.39, s.6.
                                                                                                   9

                                 LABOUR STANDARDS                                               c.L-1



10-hour day
    7(1) For the purpose of confining hours of work within four days in any week,
    upon receiving a written authorization from the director and subject to any
    conditions that he may prescribe, an employer may, in any occupational classification,
    require or permit any employee to work or to be at his disposal for 10 hours in any
    day without paying him wages at the rate of time and one-half, but where an
    employee works or is at his employer's disposal for more than 10 hours in any day
    or 40 hours in any week, the employer shall pay the employee wages at the rate of
    time and one-half for the time worked in excess of those times.
    (2) No authorization pursuant to subsection (1) is necessary where the employer:
          (a) obtains the written consent of the trade union representing the employees;
          and
          (b) does not require or permit the employee to work or to be at his disposal
          for more than 10 hours in any day or 40 hours in any week without paying him
          wages at the rate of time and one-half for the time worked in excess of those
          times.
                                                 1979-80, c.84, s.4.


Meaning of "permit any employee to work"
    8 Where an employer has knowledge that an employee is working and he does not
    cause him to stop working, he shall be deemed to have permitted such an employee
    to work within the meaning of the expression "permit any employee to work" as
    used in sections 6 and 7.
                                                 1976-77, c.36, s.8; R.S.S. 1978, c.L-1, s.8.


Averaging
    9(1) Upon receiving a written authorization from the director and subject to any
    conditions that he may prescribe, an employer may, in any occupational classification,
    require or permit any employee to work or to be at his disposal in excess of eight
    hours in any day or 40 hours in any week without paying the employee wages at the
    rate of time and one-half, but the average number of hours worked by that
    employee over any period of weeks that may be prescribed by the director must not
    exceed eight hours in any day or 40 hours in any week, unless the employee is paid
    wages at the rate of time and one-half for the time worked in excess of those times.
    (1.1) Notwithstanding any other provision of this Act, where the director grants
    an authorization pursuant to subsection (1), the director shall determine when the
    employer is required to pay wages to the employees at the rate of time and one-half
    and shall specify that in the authorization.
    (2)   No authorization pursuant to subsection (1) is necessary where:
          (a) the employer obtains the written consent of the trade union representing
          the employees; and
          (b) the average number of hours worked by an employee over any period of
          weeks that may be consented to by the trade union does not exceed eight
          hours in any day or 40 hours in any week, unless the employee is paid wages
          at the rate of time and one-half for the time worked in excess of those times.
                                                 1979-80, c.84, s.5; 1994, c.39, s.7.
10