Hours of work - Federally regulated workplaces (2024)

Overtime

Any hours worked in excess of the standard hours of work are considered overtime hours.When working overtime you are entitled to:

• pay of at least 1.5 times the regular hourly wage, or
• time off with pay, equivalent to 1.5 hours of time off for every hour worked (for example, 5 hours of overtime worked = 7.5 hours of time off with pay)

For time off with pay, you must:

• make a request to your employer and have an agreement in writing which includes the agreed upon dates when you will take time off, and
  • if you are subject to a collective agreement, take the time off within a period of 3 months after the end of the pay period on which the overtime was worked or within any longer period set out by a collective agreement
  • if you are not subject to a collective agreement, take the time off within a period of 3 months after the end of the pay period on which the overtime was worked or any longer period not exceeding 12 months, agreed by you and your employer in writing

Note: if your employment ends before taking time off in lieu of pay, your employer must pay the overtime within 30 days from the end of employment.

Your total daily overtime may differ from your total weekly overtime hours. In that case, your employer must use the greater of the 2 amounts to calculate overtime payments.

For certain classes of employees, regulations set out modifications to or exemptions from overtime or when your overtime hours start:

• drivers in the trucking industry (Motor Vehicle Operators Hours of Work Regulations)
• the commission salespersons in the broadcasting industry (Broadcasting Industry Commission Salesmen Hours of Work Regulations)
• the commission-paid salespeople in the banking industry (Banking Industry Commission-paid Salespeople Hours of Work Regulations) and,
• employees on ships in the West Coast shipping industry (West Coast Shipping Employees Hours of Work Regulations)

Maximum hours of work

In most cases, the maximum hours of work allowable in a week is 48.

If you are a person doing both an unpaid student internship to fulfill the requirements of your educational program and paid employment with the same employer, your total hours of work must not exceed:

• 10 hours in a day, or
• 48 hours in a week

The maximum hours of work in a week can be exceeded in exceptional circ*mstances. For example, the maximum hours of work can be exceeded:

• under an excess hour permit
• for emergency work
• under an averaging plan
• under a modified work schedule

Regulations set out exemptions from or modifications to what maximum hours of work is for certain classes of employees:

• drivers in the trucking industry (Motor Vehicle Operators Hours of Work Regulations)
• employees on ships in the East Coast and Great Lakes shipping industry (East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985) and the West Coast shipping industry (West Coast Shipping Employees Hours of Work Regulations)
• running trades employees in the railway industry (Railway Running-Trades Employees Hours of Work Regulations)
• the commission salespersons in the broadcasting industry (Broadcasting Industry Commission Salesmen Hours of Work Regulations), and
• the commission-paid salespeople in the banking industry (Banking Industry Commission-paid Salespeople Hours of Work Regulations)

Averaging

In some establishments, the nature of work necessitates irregular hours of work due to seasonal or other factors. This means that as an employee, you may be subject to:

• scheduled hours that vary from time to time, or
• no regularly scheduled hours

If this applies to you, your employer may average your hours of work over a period of 2 or more weeks. As such, standard and maximum hours would be calculated across a period of 2 or more weeks rather than on a daily or weekly basis.

For technical guidance, please consult Averaging (IPG-053).

Modified work schedule

Modified work schedules may provide you and your employer with greater flexibility in the workplace as they allow employees to work outside the standard hours of work. Examples of modified work schedules include:

• compressed work weeks
• flexible hours of work

Note: you can also request modified work schedules under the right to request flexible work arrangements. For more information, please consult the Flexible Work Arrangements web page.

If you have a modified work schedule:

• your standard hours of work for a period of 2 or more weeks cannot exceed an average of 40 hours in a week
• the maximum hours for the same period cannot exceed an average of 48 hours in a week
• your employer must pay overtime when your daily or weekly hours exceed those established under the modified work schedule. Overtime must also be paid when your hours exceed an average of 40 hours in a week where the schedule consists of 2 or more weeks

If you are a student intern, your employer may establish a modified work schedule with your approval. This schedule can exceed 8 hours per day and 40 hours per week. However, it cannot exceed 40 hours per week averaged over a period of 2 or more weeks.

Requirements for creating, changing or canceling a modified work schedule

There are some requirements for creating, changing, or canceling a modified work schedule for one employee or a group of employees.

If you are covered by a collective agreement:

• your employer and the union must agree to the modified work schedule in writing

If you are not covered by a collective agreement:

• one employee or a group of employees must approve the modified work schedule:
  • for one employee, the schedule must be approved, in writing, by the affected employee and their employer
  • for a group of employees, the schedule must be approved by at least 70% of the affected employees

For employees covered and not covered by a collective agreement, employers must post a notice of the new, revised or cancelled schedule at least 30 days before the schedule starts.

Break, rest period, notice of work schedule and shift change

As an employee, and subject to the Exemptions from and Modifications to Hours of Work Provisions Regulations, you are entitled to a break, rest period, notice of work schedule and notice of a shift change, as detailed below.

Exemptions from, and Modifications to, Hours of Work Provisions Regulations

The Exemptions from and Modifications to Hours of Work Provisions Regulations (Regulations) list classes of employees, by sector, that are exempt from specified hours of work provisions, or for whom these provisions are modified.

For more information on which exemptions and/or modifications apply to you, please consult the Regulations.

Keeping records

As a federally regulated employer, you must keep accurate records that show the hours an employee has worked each day. You must retain these records for 36 months after the work is finished. You can use the records to:

• calculate overtime entitlements including overtime pay and time off in lieu of overtime pay
• demonstrate compliance should the need arise

For more information on record keeping requirements, please consult the Employer Compliance webpage.

For more information:

• Canada Labour Code
• Situation that the employer could not have reasonably foreseen – Exceptions (IPG-091)
• Imminent or serious threat – Exceptions (IPG-092)
• Threat of damage to or loss of property – Exceptions (IPG-093)
• Serious interference with the operation of the establishment – Exceptions (IPG-094)
• Reasonable steps (IPG-095)
• Family responsibilities (IPG-096)
• Family member (IPG-097)
• 30 minute breaks (IPG-100)
• Scope of application (IPG-101)
• Averaging (IPG-053)
• Hours of Work (IPG-002), and
• Reporting Pay (IPG-048)

Overtime

If your employer requests that you work more than the standard hours of work, your overtime entitlements, including the entitlement to time off in lieu of overtime pay, are the same as for other eligible employees under Part III of the Canada Labour Code.

Refer to the table in the section above for the standard hours after which overtime is payable.

Note: A day is defined as any period of 24 consecutive hours. A week is the period between midnight on Saturday and midnight on the immediately following Saturday.

Maximum hours of work

Motor vehicle operators, including all employees normally referred to as truck drivers and bus drivers, may work the maximum hours permitted by the Commercial Vehicle Drivers Hours of Service Regulations (administered by Transport Canada).

All time from the beginning to the end of your shift should be paid. If you are a city or highway motor vehicle operator, the Labour Program does not count the following time when calculating working hours:

• authorized meals and rest while en route, where you are relieved of your job responsibilities
• en route rest stops due to illness or fatigue
• time spent resting while en route as one of 2 operators of a motor vehicle that is fitted with a sleeper birth, and
• time spent resting while en route in a motel, hotel or other similar place of rest where sleeping accommodation is provided (you need not actually be in a hotel or other place of rest, but must be free to spend leisure time as you please)

If you are a bus operator, time spent does not count when the bus is in the garage or parked and you are not required to stay with it.

If you are a shunt driver or non-driving personnel in the trucking industry, your maximum number of hours in a week is 48. Your employer may require or permit you to work more than 48 hours in a week:

• in exceptional circ*mstances (excess hours permit)
• to do emergency work, or
• where averaging is permitted

Averaging

The working hours of a highway or city motor vehicle operator cannot be averaged.

Under certain circ*mstances, the standards hours of bus operators, shunt drivers and non-driving personnel may be average over a period of 2 or more weeks. The rules of averaging are the same as for other eligible employees under Part III of the Canada Labour Code.

Keeping records

As a federally regulated employer, you must keep accurate records that show the hours an employee has worked each day. You must retain these records (such as detailed logs) for 36 months after the work is finished. You can use the records to:

• calculate overtime pay, at a rate of a minimum of 1.5 times the regular hourly wage, and
• demonstrate compliance should the need arise

Under the Commercial Vehicle Drivers Hours of Service Regulations, you must also keep detailed logs of the hours of work of motor vehicle operators. These are acceptable for the purpose of calculating overtime pay.

For more information on record keeping requirements, please consult the Employer Compliance webpage.

Mixed employment

Some drivers may experience mixed employment. Examples of mixed employment:

• a city motor vehicle operator may also do the work of a highway motor vehicle operator and vice versa, or
• a motor vehicle operator may also do the work of a non-driving employee and vice versa

In these cases, overtime hours may be calculated differently. Consult the following 2 examples:

Prevailing industry practice - Survey results

The MVOHWR defines when an employee may be classified as a city motor vehicle operator or a highway motor vehicle operator. The occupational classification will establish the overtime threshold for an employee.

The MVOHWR defines that an employee will be considered to be a city motor vehicle operator when:

• the employee operates exclusively within a 10 mile (16 km) radius of the employee's home terminal, or
• if the employee is classified as a city motor vehicle operator under a collective agreement

For cases that do not meet these criteria, it will be necessary to ascertain what the prevailing industry practice is in the geographical area where the employee is operating. This is accomplished by conducting a survey of federal jurisdiction trucking companies in the geographical area where the employee is working.

If a driver is uncertain whether a particular survey applies to them, they should contact their local Labour Program office.

The motor vehicle operator survey may provide various results for the prevailing industry practice in a geographical area:

Option 1: City drivers are drivers who operate exclusively within a described zone.

Zone Served by City drivers:

• Furthest point northwest: ** km **
• Furthest point north: ** km **
• Furthest point northeast: ** km **
• Furthest point east: ** km **
• Furthest point southeast: ** km **
• Furthest point south: ** km **
• Furthest point southwest: ** km **
• Furthest point west: ** km **

This finding is based on the fact that at least 70% of the companies surveyed classify their drivers who operate exclusively within this zone as city drivers. Therefore, this is confirmed as the prevailing industry practice for classifying drivers as city motor vehicle operators.

Option 2: City drivers are drivers who operate exclusively within a 10-mile (16 km) radius of their home terminal.

Option 3: There is no prevailing industry practice. Therefore, motor vehicle operators covered by the results of the survey are considered highway motor vehicle operators. They do not meet the definition of city drivers found in the MVOHWR.

The survey results are valid for 5 years from the date on which the survey was completed.

For technical guidance, please consult Survey Procedure for Ascertaining Whether or Not There is a Prevailing Industry Practice in a Geographical Area (IPG-071).

Definitions

The following definitions may assist you in understanding the provisions of the Motor Vehicle Operators Hours of Work Regulations.