Rest Periods / Meal Breaks

Alberta - Rest Periods

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.

British Columbia - Rest Periods

Meal breaks

32 (1) An employer must ensure
(a) that no employee works more than 5 consecutive hours without a meal break, and
(b) that each meal break lasts at least a 1/2 hour.

(2) An employer who requires an employee to work or be available for work during a meal break must count the meal break as time worked by the employee.

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.

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.

Canada (Federal) - Rest Periods

Note: There is no legislation requiring meal or rest breaks during a work shift.

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.

Manitoba - Rest Periods

APPLICATION OF CODE APPLICATION DU CODE

Certain volunteers and trainees
2. The Code does not apply to an employee who
(a) works as a volunteer for a charitable or political organization;
(b) works as a beneficiary under a rehabilitation or therapeutic plan or project; or
(c) is given training or work experience for a limited period of time through a program implemented or approved by
(i) a provincial or federal government authority, or
(ii) a school board, as defined under The Public Schools Act, and who is not paid a wage.

APPLICATION OF PART 2 OF CODE

Exemptions for agricultural workers and fishers
3(1) Divisions 2 (standard hours of work), 3 (overtime), 4 (general holidays) and 8 (wages for reporting for work) of Part 2 do not apply to an employee employed on a farm to work directly in the primary production of agricultural products on that farm, unless all or substantially all of the person's work is performed in one or more climate-controlled facilities.

3(1.1) Except for Division 13 (equal wages),
Part 2 does not apply to the following:
(a) an employee employed in fishing;
(b) an employee employed on a farm, by a family member of the employee, to work directly in the primary production of agricultural products on that farm.
M.R. 26/2008

3(1.2) For the purpose of subsections (1) and (1.1), "agricultural products" includes livestock, poultry, livestock and poultry products, fruits, vegetables, grains, oilseeds, pulse, forage and market garden or horticultural products.
M.R. 26/2008

3(1.3) For the purpose of clause (1.1)(b),
(a) "family member" in relation to an employee means a person who is a family member of the employee under section 59.2 of the Code; and
(b) an employee who is employed by a family farm corporation, as defined in The Farm Lands Ownership Act, is deemed to be employed by a family member of the employee if the corporation is controlled by the employee, by one or more persons who are family members of the employee, or by any combination of them.
M.R. 26/2008

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3(2) For greater certainty, subsection (1) does not affect the application of the Code to an employee who is employed in the selling of horticultural products or market garden products grown by another person.

Employee in employer's residence
4. Except for Divisions 9 (unpaid leaves) and 14 (employment of children and adolescents), Part 2 does not apply to the employment of a person employed to work in the employer's private residence if
(a) the person is employed as a domestic worker for not more than 12 hours per week; or
(b) the person is not employed as a domestic worker, but is employed primarily to attend to the needs of a member of the employer's household who is a minor or is aged, infirm or ill, whether or not the person is also required to perform ancillary duties relating to the management or operation of the employer's household.

Professions
5 Except for Divisions 5 (annual vacations and vacation allowances), 9 (unpaid leaves) and 13 (equal wages) and subdivisions 1 and 3 of Division 10 (termination of employment), Part 2 does not apply to an employee who
(a) is qualified to practise and is practising or employed in a profession that is governed under an Act of the Legislature that applies solely to the profession; or
(b) is registered or enrolled and employed as a student-in-training in respect of such a profession.

Professions
06/08 6.1

Family business and certain salespersons
6(1) Divisions 2 (standard hours of work) and 3 (overtime) of Part 2 do not apply to an employee who is
(a) employed in a business in which only members of the family of the employer are employed; or
(b) a salesperson, other than a route salesperson, who is
(i) remunerated in whole or in part by commission, and
(ii) engaged in soliciting orders, principally outside the employer's place of business, for goods or services to be later delivered or provided to the purchaser.

6(2) In subsection (1), "route salesperson" means an employee who is employed primarily as a delivery and stock person who delivers goods mainly to established customers of the employer and for whom any selling of products is incidental to those duties.

Certain Crown employees
7 Sections 10 to 14, 17 and 18 of the
Code (standard hours of work and overtime) do not apply to employees of the Crown who are in the following positions:
(a) a position in a classification in which the maximum salary is more than $34,497. per year;
(b) a position in the Department of Infrastructure and Transportation for which the hours specified under a collective agreement are similar to the standard hours of work prescribed for a day or week under The Construction Industry Wages Act;
(c) a position in a correctional camp or mental health camp for which a collective agreement provides that an allowance is to be paid in lieu of overtime wages;

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(d) positions that are
(i) not covered by a collective agreement, and
(ii) not eligible to receive compensation for overtime, pursuant to subsection 25(2) of the Conditions of Employment Regulation, an unregistered regulation made under The Civil Service Act;
(e) positions classified as positions for summer students working as temporary employees.

01/09 7
Workers under The Elections Act
8. The following provisions of Part 2 do not apply to a person who is appointed on a temporary basis under The Elections Act as an election worker and not under subsection 31 (deputy CEO and staff) of that Act:
(a) Division 1 (minimum wage);
(b) Division 2 (standard hours of work);
(c) sections 17 and 18 of Division 3 (overtime);
(d) Division 4 (general holidays).

WEEKLY DAY OF REST

No application to certain employees
9 Division 6 (weekly day of rest) of Part 2 does not apply to the following:
(a) persons employed as security personnel, caretakers or power engineers who live in the building in which they are employed;
(b) an employee who performs management functions primarily;
(c) an employee while he or she is working in circumstances described in subsection 19(2) of the Code (emergency);
(d) an employee employed in a business that is exempted by the director under section 46 or 47 of the Code (application for exemption of business);
(e) a domestic worker or residential caregiver.

Exceptions
36-hour rest period for domestic workers and residential caregivers
10(1) An employer of a domestic worker or residential caregiver must ensure that each week, for a period of at least 36 consecutive hours, the worker or caregiver is not required to perform work for the employer.

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10(2) If the employer requests the worker or caregiver to perform work during the 36-hour period, and he or she agrees to work during that period, then the employer must
(a) lengthen, by the number of hours worked during that period, one of the rest periods to be provided under subsection (1) within the next eight weeks; or
(b) pay the worker or caregiver for the hours worked during that period at an hourly rate no less than the overtime wage rate, whether or not they are hours of overtime.

New Brunswick - Rest Periods

Occupational Health and Safety Act

8. An employer shall allow an employee at least one-half hour for food and rest after each five consecutive hours of work.

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 - Rest Periods

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.

Nova Scotia - Rest Periods

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.

Ontario - Rest Periods

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.

Prince Edward Island - Rest Periods

REST PERIODS

Rest day 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.

Rest period (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.

Refuse to work on 16.1 (1) An employee who, immediately before the day this section Sunday 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. Refusal may cover (2) An employee may give the notice required by subsection (2) in multiple Sundays relation to one Sunday, more than one Sunday or any combination of Sundays.

Employer shall not (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 - Rest Periods

REST PERIODS
1990, c. 73, s. 29.

Weekly rest.

78. Subject to the application of paragraph 12 of section 39 or of section 53, an employee is entitled to a weekly minimum rest period of 32 consecutive hours.

Farm worker.

In the case of a farm worker, that day of rest may be postponed to the following week if the employee consents thereto.

1979, c. 45, s. 78; 2002, c. 80, s. 26.

Rest period.

79. Unless otherwise provided in a collective agreement or a decree, the employer must grant to an employee a rest period of thirty minutes, without pay, for meals, for a period of five consecutive hours of work.

Remunerated period.

That period shall be remunerated if the employee is not authorized to leave his work station.

Saskatchewan - Rest Periods

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.
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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.