Overtime

Alberta - Overtime

Overtime and Overtime Pay

Overtime hours

21 Overtime hours in respect of a work week are

(a) the total of an employee’s hours of work in excess of 8 on each work day in the work week, or

(b) an employee’s hours of work in excess of 44 hours in the work week,

whichever is greater, and, if the hours in clauses (a) and (b) are the same, the overtime hours are those common hours.

1996 cE-10.3 s21


Overtime pay

22(1) An employer must pay an employee overtime pay of at least 1.5 times the employee’s wage rate for overtime hours.

(2) Subsection (1) does not apply to an employer or employee who has entered into an overtime agreement.

1996 cE-10.3 s22


Overtime agreements

23(1) An employee or the majority of a group of employees may enter into an overtime agreement

(a) as part of a collective agreement, or

(b) if there is no collective agreement, in a written agreement between the employee or group of employees and the employer, that provides that, wholly or partly instead of overtime pay, the employer will provide, and the employee or group of employees will take, time off with pay instead of overtime pay.


(2) An agreement referred to in subsection (1) is deemed to include at least the following provisions:

(a) time off with pay instead of overtime pay will be provided, taken and paid at the employee’s wage rate at a time that the employee could have worked and received wages from the employer;

(b) if time off with pay instead of overtime pay is not provided, taken and paid in accordance with clause (a), the employee will be paid overtime pay of at least 1.5 times the employee’s wage rate for the overtime hours worked;

(c) time off with pay instead of overtime pay will be provided, taken and paid to the employee within 3 months of the end of the pay period in which it was earned unless

(i) the agreement is part of a collective agreement and the collective agreement provides for a longer period within which the time off with pay is to be provided and taken, or

(ii) the Director issues a permit authorizing an agreement that provides for a longer period within which the time off with pay is to be provided and taken;

(d) no amendment or termination of the agreement is to be effective without at least one month’s written notice given by one party to the agreement to the other.


(3) An employer must provide a copy of the overtime agreement to each employee affected by it.

1996 cE-10.3 s23


Incentive pay - hourly wage for calculation of overtime

24(1) If an employee is paid entirely on commission or other incentive‑based remuneration, then, for the purpose of calculating overtime pay, the employee’s wage rate is deemed to be the minimum wage prescribed by the regulations.

(2) If an employee is paid partly by salary and partly by commission or other incentive‑based remuneration, then, for the purpose of calculating overtime pay, the employee’s wage rate

(a) is based on the salary component of the wages, if the salary component is greater than the minimum wage, or

(b) is deemed to be the minimum wage, if the salary component of the employee’s wages is equal to or less than the minimum wage.

British Columbia - Overtime

Maximum hours of work before overtime applies

35 (1) An employer must pay an employee overtime wages in accordance with section 40 if the employer requires, or directly or indirectly allows, the employee to work more than 8 hours a day or 40 hours a week.

(2) Subsection (1) does not apply for the purposes of an employee who is working under an averaging agreement under section 37.
Hours free from work

36 (1) An employer must either
(a) ensure that an employee has at least 32 consecutive hours free from work each week, or
(b) pay an employee 1 1/2 times the regular wage for time worked by the employee during the 32 hour period the employee would otherwise be entitled to have free from work.

(2) An employer must ensure that each employee has at least 8 consecutive hours free from work between each shift worked.

(3) Subsection (2) does not apply in an emergency.
Agreements to average hours of work

37 (1) Despite sections 35, 36 (1) and 40 but subject to this section, an employer and employee may agree to average the employee's hours of work over a period of 1, 2, 3 or 4 weeks for the purpose of determining the employee's entitlement, if any, to overtime wages under subsections (4) and (6) of this section and wages payable under subsection (8) or (9) (b).

(2) An averaging agreement under subsection (1) is not valid unless
(a) the agreement
(i) is in writing,
(ii) is signed by the employer and employee before the start date provided in the agreement,
(iii) specifies the number of weeks over which the agreement applies,
(iv) specifies the work schedule for each day covered by the agreement,
(v) specifies the number of times, if any, that the agreement may be repeated, and
(vi) provides for a start date and an expiry date for the period specified under subparagraph (iii),
(b) the schedule in the agreement under paragraph (a) (iv) is in compliance with subsection (3), and
(c) the employee receives a copy of the agreement before the date on which the period specified in the agreement begins.

(3) A work schedule in an agreement under this section must not provide for more than the following hours of work for the employee:
(a) 40 hours, if the agreement specifies a 1 week period under subsection (2) (a) (iii);
(b) an average of 40 hours per week, if the agreement specifies more than a 1 week period under subsection (2) (a) (iii).

(4) An employer under this section who requires, or directly or indirectly allows, an employee to work more than 12 hours a day, at any time during the period specified in the agreement, must pay the employee double the employee's regular wage for the time over 12 hours.

(5) An employer under this section who requires, or directly or indirectly allows, an employee to work more than an average of 40 hours a week within the period specified in the agreement must pay the employee 1 1/2 times the employee's regular wage for the time over 40 hours.

(6) An employer under this section who requires, or directly or indirectly allows, an employee to work more than the hours scheduled for a day during the period of the agreement must pay the employee
(a) 1 1/2 times the employee's regular wage for,
(i) if fewer than 8 hours were scheduled for that day, any time worked over 8 hours, or
(ii) if 8 or more hours were scheduled for that day, any time worked over the number of hours scheduled, and
(b) double the employee's regular wage for any time worked over 12 hours that day.

(7) For the purpose of calculating average weekly hours for an employee under subsection (5),
(a) only the first 12 hours worked by the employee in each day are counted, no matter how long the employee works on any day of the week, and
(b) if subsection (6) applies, the time that the employee works beyond the scheduled hours and for which the employee is paid in accordance with that subsection, is excluded.

(8) Section 36 (1) applies in relation to an averaging agreement if the period specified in the agreement is 1 week.

(9) If the period specified in an averaging agreement is more than 1 week, the employer must either
(a) ensure that for each week covered by the agreement, the employee has an interval free from work of 32 consecutive hours, whether the interval is taken in the same week, different weeks or consecutively any time during the weeks covered by the agreement, or
(b) pay the employee 1 1/2 times the regular wage for time worked by the employee during the periods the employee would otherwise be entitled to have free from work under paragraph (a).

(10) At the employee's written request, the employer and employee may agree to adjust the work schedule referred to in subsection (2) (a) (iv) provided that the total number of hours scheduled in the agreement remain the same.

(11) The parties to an averaging agreement under this section are bound by that agreement until the expiry date set out in the agreement or a later date provided in an agreement to repeat the averaging agreement, as the case may be, and the provisions of the averaging agreement apply for the purpose of determining the employee's entitlement, if any, to overtime wages under subsections (4) and (6) and wages payable under subsection (8) or (9) (b).

(12) Subsections (2) to (11) are deemed to be incorporated in an averaging agreement under this section as terms of the agreement.

(13) An employer must retain an averaging agreement under this section for 2 years after the employment terminates.

(14) The application and operation of an averaging agreement under this section must not be interpreted as a waiver described in section 4.
Repealed

38 [Repealed 2002-42-18.]
No excessive hours

39 Despite any provision of this Part, an employer must not require or directly or indirectly allow an employee to work excessive hours or hours detrimental to the employee's health or safety.
Overtime wages for employees not working under an averaging agreement

40 (1) An employer must pay an employee who works over 8 hours a day, and is not working under an averaging agreement under section 37,
(a) 1 1/2 times the employee's regular wage for the time over 8 hours, and
(b) double the employee's regular wage for any time over 12 hours.

(2) An employer must pay an employee who works over 40 hours a week, and is not working under an averaging agreement under section 37, 1 1/2 times the employee's regular wage for the time over 40 hours.

(3) For the purpose of calculating weekly overtime under subsection (2), only the first 8 hours worked by an employee in each day are counted, no matter how long the employee works on any day of the week.

(4) [Repealed 2002-42-19.]
Repealed

41 [Repealed 2002-42-20.]
Banking of overtime wages

42 (1) At the written request of an employee, an employer may establish a time bank for the employee and credit the employee's overtime wages to the time bank instead of paying them to the employee within the time required under section 17.
(2) Overtime wages must be credited to a time bank at the rates required under section 37 (4), (5) or (6) or 40.
(3) If a time bank is established, the employee may at any time request the employer to do one or more of the following:
(a) pay the employee all or part of the overtime wages credited to the time bank;
(b) allow the employee to use the credited overtime wages to take time off with pay at a time agreed by the employer and the employee;
(c) close the time bank.

(3.1) The employer may close an employee's time bank after one month's written notice to the employee.

(3.2) Within 6 months of closing an employee's time bank under subsection (3.1), the employer must do one of the following:
(a) pay the employee all of the overtime wages credited to the time bank at the time it was closed;
(b) allow the employee to use the credited overtime wages to take time off with pay;
(c) pay the employee for part of the overtime wages credited to the time bank at the time it was closed and allow the employee to use the remainder of the credited overtime wages to take time off with pay.

(4) [Repealed 2003-65-6.]

(5) On termination of employment or on receiving the employee's written request to close the time bank, the employer must pay the employee any amount credited to the time bank.

Canada (Federal) - Overtime

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.

Manitoba - Overtime

DIVISION 3

OVERTIME

16 Repealed.

S.M. 2006, c. 26, s. 10.


Overtime to be paid at overtime wage rate

17(1) Subject to section 18 and the regulations, an employer must pay an employee a wage for overtime at an hourly rate that is not less than 150% of the employee's regular wage rate.


Overtime does not include certain break time

17(2) Overtime does not include time that an employer provides an employee as a break if the employee is not required to stay on the business premises or be on duty during the break.

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


"Banked time" defined

18(1) In this section, "banked time" means time that an employer is to provide to an employee as time off with pay under this section in lieu of wages for overtime.


Agreement for paid time off in lieu of overtime pay

18(2) If a collective agreement or a written agreement between an employer and employee so provides, the employer may credit the employee with banked time in lieu of wages for some or all of the employee's overtime.


Rate of time off

18(3) The amount of banked time credited by the employer must not be less than 150% of the overtime for which the employee is to receive time off with pay in lieu of wages for overtime.


When banked time off to be provided

18(4) The time off to be provided in respect of banked time must be provided during the employee's regular hours of work within

(a) three months after the end of the pay period in which the overtime giving rise to the banked time occurred; or

(b) any longer period prescribed by regulation or approved by the director.


Regular wage rate applies to time off

18(5) For each hour or part of an hour of time off in respect of banked time, the employer must pay the regular wage rate that applies to the employee's regular hours of work during the pay period in which the time off occurs.


Effect of time off

18(6) For the purpose of this Code, the hours of time off in respect of banked time are deemed to be regular hours of work.


Wage payable for banked time not taken

18(7) The employer must pay the employee a wage in accordance with section 86 (wages to be paid within certain time), at the regular wage rate, for any banked time

(a) that the employee has remaining when his or her employment terminates; or

(b) for which the employee did not receive time off with pay by the end of the period within which it was to have been provided under subsection (4).

S.M. 2006, c. 26, s. 12.


No implied right to require overtime

19(1) An employer's management rights do not include an implied right to require an employee to work overtime.


Employer may require overtime in emergency

19(2) An employer may require an employee to work overtime in the following circumstances, but only for so long as they continue to exist:

(a) where it is urgently required because of a present or imminent situation or condition that requires prompt action to avoid or limit

(i) loss of life,

(ii) harm to an individual's health or a threat to an individual's safety, or

(iii) a serious interference with the ordinary operation of the employer's business;

(b) where it is urgently required because of a present or imminent situation or condition that is interrupting or threatens to interrupt

(i) the provision of an essential service by the government, an agency of the government, a municipality or a public utility, or

(ii) the provision of municipal services or health services;

(c) where it is urgently required by or under an Act of the Legislature in relation to an existing or threatened disaster or emergency.

S.M. 2006, c. 26, s. 12.

New Brunswick - Overtime

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.

Newfoundland and Labrador - Overtime

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.

Regulation Overtime wage

9. (1) [Rep. by 104//07 s2]

(2) [Rep. by 104//07 s2]

(3) [Rep. by 104//07 s2]

(4) [Rep. by 104//07 s2]

(4.1) Effective January 1, 2009 for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $12.75 an hour.

(4.2) Effective July 1, 2009 , for the purpose section 25 of the Act, overtime wages shall be paid at a rate of not less than $13.50 an hour.

(4.3) Effective January 1, 2010 , for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $14.25 an hour.

(4.4) Effective July 1, 2010 , for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not les than $15.00 an hour.

(5) Notwithstanding subsections (4.1) to (4.4), effective April 1, 2003 , for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than one and one half an employee’s regular rate of pay to those employees subject to a collective agreement negotiated after December 6, 2001 , where the collective agreement, or a letter of understanding, schedule or other correspondence between the employer and a representative of the employees, attached to or forming part of the collective agreement, references an announcement of government that, effective April 1, 2003 , these regulations would be amended to require all employers to pay overtime wages at a rate of not less than one and one half an employee’s regular rate of pay, notwithstanding that such an amendment has not come into effect.

(6) Section 25 of the Act does not apply to a person employed

(a) in the planting, cultivating and harvesting of farm produce other than the production of fruit and vegetables in greenhouse and nursery operations;

(b) in the raising of livestock; or

(c) as a live-in housekeeper or baby-sitter where there is an arrangement by which that employee is entitled to time off with pay for hours worked in excess of 40 hours per week.

Nova Scotia - Overtime

Minimum overtime wage

10 (1) Where any employee is required to work more than 48 hours a week, hours so worked shall constitute overtime and the employer shall pay for these hours at a rate of not less than time and one-half the minimum rate.

(2) Despite subsection (1), an employee in the transport industry shall be paid at a rate of not less than time and one-half the minimum rate set in this Order for time worked in excess of 96 hours in any two consecutive weeks.

Subsection 10(2) amended: O.I.C. 2003-507, N.S. Reg. 201/2003.

(3) Despite subsection (1), the employer of an employee who is required to work in excess of 48 hours in a week and who is employed in a building which includes his or her place of residence as a health or personal care worker, watch, janitor or building superintendent, may pay at the minimum rate for the hours worked in excess of 48 hours.

Subsection 10(3) replaced: O.I.C. 1999-567, N.S. Reg. 122/99; amended: O.I.C. 2003-507, N.S. Reg. 201/2003.

(4) Despite subsection (1), the employer of an employee who is

(a) employed in work on a farm that is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, Christmas trees, Christmas wreaths, maple products, honey, tobacco, pigs, cattle, sheep, poultry, or animal furs; and

(b) required to work in excess of 48 hours in a week, may pay the employee at the minimum rate set out in Section 6 for hours worked in excess of 48 hours.

Subsection 10(4) replaced: O.I.C. 2003-507, N.S. Reg. 201/2003.

Ontario - Overtime

OVERTIME PAY

Overtime threshold

22. (1) An employer shall pay an employee overtime pay of at least one and one-half times his or her regular rate for each hour of work in excess of 44 hours in each week or, if another threshold is prescribed, that prescribed threshold. 2000, c. 41, s. 22 (1).


Averaging

(2) An employee’s hours of work may be averaged over separate, non-overlapping, contiguous periods of two or more consecutive weeks for the purpose of determining the employee’s entitlement, if any, to overtime pay if,

(a) the employee has made an agreement with the employer that his or her hours of work may be averaged over periods of a specified number of weeks;

(b) the employer has received an approval under section 22.1 that applies to the employee or a class of employees that includes the employee; and

(c) the averaging period does not exceed the lesser of,

(i) the number of weeks specified in the agreement, and

(ii) the number of weeks specified in the approval. 2004, c. 21, s. 6 (1).


Same, pending approval

(2.1) Despite subsection (2), an employee’s hours of work may be averaged for the purpose of determining the employee’s entitlement, if any, to overtime pay even though the employer has not received the approval described in clause (2) (b), if,

(a) the employee has made an agreement described in clause (2) (a) with the employer;

(b) the employer has served on the Director an application for an approval under section 22.1;

(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 22.1 was not refused;

(g) the most recent approval, if any, received by the employer under section 22.1 was not revoked; and

(h) the employee’s hours of work, pending the approval, are averaged over separate, non-overlapping, contiguous periods of not more than two consecutive weeks. 2004, c. 21, s. 6 (1).


Transition: certain agreements

(2.2) For the purposes of this section, each of the following agreements shall be treated as if it were an agreement described in clause (2) (a):

1. An agreement to average hours of work made under a predecessor to this Act.

2. An agreement to average hours of work made under this section as it read on February 28, 2005.

3. An agreement to average hours of work that complies with the conditions prescribed by the regulations made under paragraph 7 of subsection 141 (1) as it read on February 28, 2005. 2004, c. 21, s. 6 (1).


Term of agreement

(3) An averaging agreement is not valid unless it provides for an expiry date and, if it involves an employee who is not represented by a trade union, the expiry date shall not be more than two years after the day the agreement takes effect. 2000, c. 41, s. 22 (3).


Agreement may be renewed

(4) Nothing in subsection (3) prevents an employer and employee from agreeing to renew or replace an averaging agreement. 2000, c. 41, s. 22 (4).


Existing agreement

(5) An averaging agreement made before this Act comes into force that was approved by the Director under the Employment Standards Act is valid for the purposes of subsection (2) until,

(a) one year after the day this section comes into force; or

(b) if the employee is represented by a trade union and a collective agreement applies to the employee,

(i) the day a subsequent collective agreement that applies to the employee comes into operation, or

(ii) if no subsequent collective agreement comes into operation within one year after the existing agreement expires, at the end of that year. 2000, c. 41, s. 22 (5); 2001, c. 9, Sched. I, s. 1 (4).


Transition: application for approval before commencement

(5.1) If the employer applies for an approval under section 22.1 before March 1, 2005, the 30-day period referred to in clause (2.1) (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. 6 (2).


Agreement irrevocable

(6) No averaging agreement referred to in this section may be revoked before it expires unless the employer and the employee agree to revoke it. 2000, c. 41, s. 22 (6).


Time off in lieu

(7) The employee may be compensated for overtime hours by receiving one and one-half hours of paid time off work for each hour of overtime worked instead of overtime pay if,

(a) the employee and the employer agree to do so; and

(b) the paid time off work is taken within three months of the work week in which the overtime was earned or, with the employee’s agreement, within 12 months of that work week. 2000, c. 41, s. 22 (7).


Where employment ends

(8) If the employment of an employee ends before the paid time off is taken under subsection (7), the employer shall pay the employee overtime pay for the overtime hours that were worked in accordance with subsection 11 (5). 2000, c. 41, s. 22 (8).


Changing work

(9) If an employee who performs work of a particular kind or character is exempted from the application of this section by the regulations or the regulations prescribe an overtime threshold of other than 44 hours for an employee who performs such work, and the duties of an employee’s position require him or her to perform both that work and work of another kind or character, this Part shall apply to the employee in respect of all work performed by him or her in a work week unless the time spent by the employee performing that other work constitutes less than half the time that the employee spent fulfilling the duties of his or her position in that work week. 2000, c. 41, s. 22 (9).


Averaging: application for approval

22.1 (1) An employer may apply to the Director for an approval permitting the employer to average an employee’s hours of work for the purpose of determining the employee’s entitlement, if any, to overtime pay. 2004, c. 21, s. 7.

Form

(2) The application shall be in a form provided by the Director. 2004, c. 21, s. 7.

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. 7.

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. 7.

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. 7.

Criteria

(6) 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. 7.

Same

(7) In deciding whether it is appropriate to issue the 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. 7.

Employees to whom approval applies

(8) 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. 7.

Same

(9) For greater certainty, all the employees of the employer may constitute a specified class. 2004, c. 21, s. 7.

Approval to be posted

(10) An employer to whom an approval is issued shall 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 the class of employees in respect of whom the approval applies works, so that it is likely to come to the attention of that employee or class of employees. 2004, c. 21, s. 7.

Same

(11) The employer shall keep each approval or copy posted as set out in subsection (10) until the approval expires or is revoked, and shall then remove it. 2004, c. 21, s. 7.

Expiry

(12) An approval under this section expires on the date on which the averaging agreement between the employer and the employee expires, or on the earlier date that the Director specifies in the approval. 2004, c. 21, s. 7.

Conditions

(13) The Director may impose conditions on an approval. 2004, c. 21, s. 7.

Revocation

(14) The Director may revoke an approval on giving the employer such notice as the Director considers reasonable in the circumstances. 2004, c. 21, s. 7.

Criteria

(15) 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 (7). 2004, c. 21, s. 7.

Further applications

(16) 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. 7.

Refusal to approve

(17) 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. 7.

Termination of old approvals

(18) Any approval of an averaging agreement that is granted by the Director under a regulation made under paragraph 7 of subsection 141 (1), as that paragraph read on February 28, 2005, ceases to have effect on March 1, 2005. 2004, c. 21, s. 7.

Time for applications

(19) 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. 7.

Delegation by Director

22.2 (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 22.1, either orally or in writing. 2004, c. 21, s. 7.

Residual powers

(2) The Director may exercise a power conferred on the Director under section 22.1 even if he or she has delegated it to a person under subsection (1). 2004, c. 21, s. 7.

Prince Edward Island - Overtime

HOURS OF WORK
15. (1) The standard work week shall be forty-eight hours. Standard work
week
(2) The board may exempt specific employers or industries from the Exemptions
standard work week provisions and may substitute other prescribed
standards for an employer or industry.

9
10 Cap. E-6.2 Employment Standards Act

(3) In granting any such exemption the board shall take into account
Factors considered
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.

Overtime
(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.
 

Standard Work Week Exemption Order

PRINCE EDWARD ISLAND EMPLOYMENT STANDARDS ACT

STANDARD WORK WEEK EXEMPTION ORDER

The following are exemptions to the standard work week provisions of the Employment Standards Act approved by the Employment Standards Board, pursuant to section 15 of the Act.

1. (A) Construction Industry

(i) The standard work week for heavy equipment operators and seasonal highway construction employees shall be fifty-five (55) hours.
(ii) The standard work week for employees employed by companies whose sole business is industrial sandblasting shall be sixty (60) hours.

(B) Fish Processing Industry

(i) The standard work week for inside fish processing plant employees shall be fifty-five (55) hours.
(ii) The standard work week for outside fish processing plant employees shall be seventy-five (75) hours.

(C) Trucking Industry

(i) The standard work week for truck drivers shall be fifty-five (55) hours.

(D) Peat Moss Industry

(i) The standard work week for peat moss employees shall be sixty (60) hours.

(E) Health Care Industry

(i) At the present time, the standard work week for community care facility employees is sixty (60) hours. Effective 1 January 2010, overtime for community care facility employees will be triggered after ninety-six (96) hours worked in a two-week period.

(ii)(a) “Homemaker Services” means an organized community care service provided by qualified persons under responsible supervision to care for children when the mother is in hospital or ill or over-burdened at home, to help chronically ill, handicapped or convalescent adults, to give assistance to aged persons still capable of some self-care and to otherwise provide assistance and care in a home environment to persons who are unable to full care for themselves and their dependents. Without limiting the generality of the foregoing, the service shall assume responsibility for the household management and operation and help to protect and restore individual and family functioning; it shall serve to prevent the placement of children and adults away from their home.
(b) “Day” means a period of twenty-four (24) consecutive hours from the commencement of an assignment.
(c) “Overtime Rate” means a rate of pay at not less than one and one-half (1½) times the wage of an employee.

(iii) The work and service to be performed by the Homemaker shall be in accordance with the regular duties and responsibilities established and specified by the Employer.

(iv) This clause applies to the Employer and Homemakers engaged in a twenty-four (24) hour live-in basis who are governed by the following:
(a) The rate of pay shall be for eight (8) hours at not less than the minimum wage.
(b) The Homemaker shall be granted a period of at least eight (8) hours to sleep but shall be available at any time in case of emergency.
(c) In addition to the hours of sleep provided in subsection (b), the employee shall be granted four (4) hours of rest each day but shall be available at any time in case of emergency.
(d) No deduction shall be made for board and lodging by the employer.

(v) This clause applies to the Employer and Homemaker who are engaged on a day-to-day basis, excluding the twenty-four (24) hour live-in assignments.
(a) In every twelve (12) hour period a homemaker must receive at least eight (8) hours pay at not less than the minimum wage.
(b) Overtime shall be paid at the overtime rate for hours of work in excess of twelve (12) in any day and sixty (60) in any week.
(c) No deduction shall be made for board and lodging by the employer.

2. Date of Order: 24 June 2009

Quebec - Overtime

54. The number of hours of the regular workweek determined in section 52 does not apply, as regards the computing of overtime hours for the purpose of the increase in the usual hourly wage, to the following employees:

(1) (subparagraph repealed);

(2) a student employed in a vacation camp or in a social or community non-profit organization such as a recreational organization;

(3) the managerial personnel of an undertaking;

(4) an employee who works outside an establishment whose working-hours cannot be controlled;

(5) an employee assigned to canning, packaging and freezing fruit and vegetables during the harvesting period;

(6) an employee of a fishing, fish processing or fish canning industry;

(7) a farm worker;

(8) (subparagraph repealed);

(9) an employee whose exclusive duty is to take care of or provide care to a child or to a sick, handicapped or aged person, in that person's dwelling, including, where so required, the performance of domestic duties that are directly related to the immediate needs of that person, unless the work serves to procure profit to the employer.

Regular workweek.

However, the Government may, by regulation, prescribe the number of hours it determines as the regular workweek for the categories of employees mentioned in subparagraphs 2, 5 to 7 and 9 of the first paragraph.

1979, c. 45, s. 54; 1986, c. 95, s. 202; 1990, c. 73, s. 16, s. 66; 1999, c. 40, s. 196; 2002, c. 6, s. 236; 2002, c. 80, s. 14.

Overtime work.

55. Any work performed in addition to the regular work-week entails a premium of 50% of the prevailing hourly wage paid to the employee except premiums computed on an hourly basis.

Paid leave to compensate overtime.

Notwithstanding the first paragraph, the employer may, at the request of the employee or in the cases provided for by a collective agreement or decree, replace the payment of overtime by paid leave equivalent to the overtime worked plus 50%.

Time limit.

Subject to a provision of a collective agreement or decree, the leave must be taken during the 12 months following the overtime at a date agreed between the employer and the employee; otherwise the overtime must be paid. However, where the contract of employment is terminated before the employee is able to benefit from the leave, the overtime must be paid at the same time as the last payment of wages.

1979, c. 45, s. 55; 1990, c. 73, s. 17.

Annual leave and statutory general holidays.

56. For the purposes of computing overtime, annual leave and statutory general holidays with pay are counted as days of work.

Saskatchewan - Overtime

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 requires 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

c.L-1 LABOUR STANDARDS


Observance of public holiday
10(1) Where in any week there is a public holiday mentioned in Part VI:
(a) subsections 6(1) and (2), and section 7, shall be read with the substitution
of the word "32" for the word "40" wherever it occurs in those provisions; and
(b) in calculating the time worked by an employee in any such week, no
account shall be taken of any time worked by him on the public holiday or of
any time during which he was at the disposal of his employer during the
public holiday.

(2) Where section 9 applies and where in any week during the period of weeks
prescribed by the director under section 9 there is a public holiday mentioned in
Part VI, the total number of hours that the employee is required by his employer to
work or to be at his disposal over the period of weeks, without being paid wages at
the rate of time and one-half, shall be reduced by eight hours and the employer
shall pay to the employee wages at the rate of time and one-half for each hour and
part of an hour that the employee works, or that he is at the disposal of the
employer, in excess of the working hours as reduced by this subsection and for the
purpose of this subsection, in calculating the total number of hours worked by an
employee over any such period of weeks, no account shall be taken of any time
worked by him on the public holiday or of any time during which he was at the
disposal of his employer during the public holiday.
1976-77, c.36, s.10; R.S.S. 1978, c.L-1, s.10.


Power to revoke authorizations
11 The director may at any time revoke an authorization given pursuant to
section 7 or 9 upon being satisfied that a condition of the authorization has been
breached or that the authorization is no longer necessary or advisable.
1976-77, c.36, s.11; R.S.S. 1978, c.L-1, s.11.


Employer not to require employee to work overtime
12(1) Notwithstanding any other provision in this Act, no employer shall, without
the consent of the employee, require an employee to work or to be at his disposal for
more than 44 hours in any week or, in the circumstances referred to in
clause 10(1)(a), 36 hours in any week, except in the case of emergency circumstances.

(2) Where an employee refuses to work or to be at the disposal of an employer
contrary to the employer's requirement made under subsection (1) and where no
emergency circumstances exist, no disciplinary action shall be taken against the
employee by the employer.

(3) In any prosecution alleging a violation of this section, the onus shall be upon
the employer to prove that an emergency existed or that the employee was
discriminated against for good and sufficient other reason.

(4) For the purposes of subsections (1) and (2), "emergency circumstances"
means any sudden or unusual occurrence or condition that could not, by the
exercise of reasonable judgment, have been foreseen by the employer.
1976-77, c.36, s.12; R.S.S. 1978, c.L-1, s.12.
11

LABOUR STANDARDS c.L-1



Period of rest
13(1) An employer shall grant to every employee who is usually employed for 20
hours or more in a week a rest period of one day in every seven days.

(2) Notwithstanding subsection (1), where there are more than 10 employees in
any establishment, the employer shall grant to every employee who is usually
employed for 20 hours or more in a week a rest period of two consecutive days in
every seven days, and one of those days is to be a Sunday wherever possible.

(3) Notwithstanding subsections (1) and (2), an establishment or class of
establishments may be exempted from any of the provisions of this section by the
regulations.

(4) Where the director is satisfied that subsections (1) and (2) would work a
hardship on an employer or any class of employers or any of his employees, the
director may grant a permit exempting the employer or class of employers from the
provisions of subsection (1) or (2), upon any terms and conditions that he considers
advisable.

(5) The director may at any time cancel any exemption made pursuant to
subsection (4).
1979-80, c.84, s.6.


Work schedules
13.1(1) An employer shall give notice to employees of:
(a) the time when work begins and ends over a period of at least one week;
(b) where work is done in shifts, the time when each shift begins and ends;
and
(c) the time when a meal break begins and ends.

(2) Subject to subsection (2.1), the notice required by subsection (1):
(a) shall be in writing; and
(b) may be given by posting notices in conspicuous places where employees
have ready access to read the notices.

(2.1) The notice required by subsection (1) need not be in writing or posted:
(a) where posting the notice is impractical due to the small size of the
employer's operation; or
(b) in other cases, where written notice is impractical.

(3) An employer shall give an employee at least one week's notice of a change in
the employee's work schedule.

(4) On receipt of a written application from an employer and the employees or a
representative of the employees, the director may give a written authorization
permitting a variation from the requirements of subsection (1) or (3) where the
director is satisfied that the application of those provisions would be unsuitable in
the circumstances.

(5) The director may permit a variation from the requirements of subsection (1)
or (3) where the employer seeks and obtains the written consent to the variation
from the trade union representing the employees.
12

c.L-1 LABOUR STANDARDS



(6) Subsections (1) and (3) do not apply where any sudden or unusual occurrence
or condition arises that could not, by the exercise of reasonable judgment have been
foreseen by the employer.
1994, c.39, s.8.


Break between periods of work
13.2(1) Subject to any regulation made pursuant to clause 15.1(1)(c) but
notwithstanding any other provision in this Act, no employer shall require an
employee to work or to be at the disposal of the employer for periods that are
scheduled so that the employee does not have a period of eight consecutive hours of
rest in any period of 24 hours, except in emergency circumstances within the
meaning of subsection 12(4).

(2) No employer shall take disciplinary action against an employee who refuses to
work or to be at the disposal of the employer according to a schedule that does not
allow the employee to have a period of eight consecutive hours of rest in a period
of 24 hours where no emergency circumstances exist.

(3) Payment of wages at the rate of time and one-half pursuant to section 6 by an
employer does not constitute a defence to a charge alleging a contravention of this
section.
1994, c.39, s.8; 2004, c.40, s.3.


Meal breaks
13.3(1) An employer shall grant to each employee who works six hours or more an
unpaid meal break of at least 30 minutes within every five consecutive hours of
work except:
(a) where an accident occurs, urgent work is necessary or other unforeseeable
or unpreventable circumstances occur;
(b) where the director is satisfied that the employer and a majority of
employees agree that the employees may:
(i) take their meal break at another time; or
(ii) forego their meal break;
(c) where the employer seeks and obtains the written consent of the trade
union representing the employees;
(d) where it is not reasonable for an employee to take a meal break; or
(e) in any other case prescribed in regulations made pursuant to section 84.

(2) Where it is necessary for medical reasons, an individual employee is entitled
to take a meal break at a time or times other than the time specified in sub-
section (1).

(3) Where an employee has worked five hours and the employer is not required to
grant a meal break to an employee, the employer shall permit the employee to eat
while working.
1994, c.39, s.8.
13