Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Hours of Work (Industry) Convention, 1919 (No. 1) - Canada (Ratification: 1935)

The Committee refers to its observation and requests the Government to supply additional information on the following points.

Federal jurisdiction

The Committee notes that the Motor Vehicle Transport Act, 1987, still provides that motor vehicle operators may be employed up to 15 hours during any work shift, of which up to 10 hours' driving, 60 hours during any period of seven consecutive days and 70 hours in any period of eight consecutive days. It also notes that specific systems had to be developed in respect of working hours and rest periods for the various types of transport because of the vast distances to be covered.

The Committee also notes that the exemption provided for by the Regulations of 8 May 1973 of the railway-running trades employees from application of the provisions of the Hours of Work Regulations is still in force. It recalls that this exemption is not in conformity with the Convention which does not permit exclusion or permanent exceptions except as regards persons holding positions of supervision or management or employed in a confidential post (Article 2(a) of the Convention) or those whose work is essentially intermittent (Article 6(1)(a)).

The Committee observes that the Atomic Energy of Canada Limited (Cape Breton) Hours of Work Regulations are no longer enforced since the company is no more in operation; it suggests to the Government to consider repealing those regulations in order to clarify the legal situation. As regards the Rabbit Lake Uranium Workers Regulations on Hours of Work, 1975, the Committee notes the explanation provided by the Government but it recalls that the possibility, in particular, of working up to 11 hours daily independently of overtime is incompatible with Article 2(b) which provides that in no case shall the daily limit of eight hours be exceeded by more than one hour.

The Committee recognises that there are cases in which it is difficult to apply the limits fixed in Article 2 and considers that in such cases arrangements in accordance with Article 5 could be envisaged. The Committee requests the Government to examine the above situations with a view to fixing a stricter limitation of the authorised hours of work.

Provincial jurisdiction

Alberta

The Committee takes note of the explanation provided by the Government relating to the application of Article 2 of the Convention. It also observes that the Employment Standards Code, 1988, does not determine the circumstances and limits in which exceptions to normal hours of work may be permitted as provided for under Article 6. It hopes that the regulation referred to under section 34(2) of the Code will be made after consultation with employers' and workers' organisations concerned (Article 6, paragraph 2) and that it will determine the above circumstances and limits.

British Columbia

The Committee has noted the information provided by the Government concerning Article 2 of the Convention. It notes, however, that the Employment Standards Act still does not determine, in accordance with Article 6, the circumstances and limits in which exceptions to normal hours of work may be authorised. Regulations in this respect should be taken in consultation with employers' and workers' organisations concerned. The Committee hopes that the Government will be able to re-examine the situation in the light of the above.

Manitoba

The Committee has taken note of the views expressed by the Government, that there are no indications at the present time that changes to the legislation are planned to give effect to the provisions of the Convention. It recalls that the Employment Standards Act puts no restriction on the number of overtime hours that may be worked in general and that the standard hours of work in the heavy construction industry were reduced from 54 to 50 hours per week but that there is still no limit as to the number of overtime hours in that industry. The Committee reiterates the hope that the Government will be able to indicate in its next report the measures taken or contemplated to determine, in consultation with employers' and workers' organisations, the circumstances and limits in which exceptions to normal hours of work may be permitted as provided for under Article 6 of the Convention.

New Brunswick

The Committee notes that no legislation or regulation changes have been implemented in the Province and that the Minimum Wage and Employment Standards Board is examining the issues previously raised under Articles 2 and 6 of the Convention with a view to considering proposals to bring present requirements in closer conformity with the Convention. It recalls that Regulation No. 70/39 issued under the Fair Wages and Hours of Labour Act and relating to public works undertakings, does not limit daily work to eight hours nor does it provide for the payment of overtime except for those worked in excess of 50 hours per week. The Committee again reiterates the hope that the Government will take the necessary measures to bring the legislation into conformity with the provisions of Articles 2 and 6. The Committee also recalls that the Employment Standards Act puts no limit on the number of hours an employee may work during a daily, weekly or monthly period and that the Lieutenant-Governor in Council may by regulation prescribe the maximum number of hours to be applied to the different categories of employees. It observes that this provision is incompatible with Article 2 which provides that working hours shall not exceed eight in the day and 48 in the week and with Article 6(2) which prescribes that regulations made by public authority shall fix in consultation with employers' and workers' organisations the maximum number of additional hours which may be worked. The Committee hopes that the Government will soon consider taking the required issues in the light of the above.

Ontario

The Committee notes that a Task Force on Hours of Work and Overtime has been established and submitted in May 1987 and April 1988 two reports to the Minister of Labour. It observes with interest that the principal recommendations contained in the first report are that the standard work-week after which an overtime premium is payable should be reduced from 44 hours to 40 hours and that the mandatory overtime premium rate should remain at time-and-one-half the regular rate of pay, but apply after the new standard work-week of 40 hours. Moreover, overtime would be voluntary after eight hours per day and 40 hours per week, instead of the current eight per day and 48 per week. The Committee also observes that the second report of the Task Force focuses on categories of workers included in its previous comments such as construction workers, truck drivers, local cartage and highway transport drivers, and workers in the road building, sewer and water main sectors. The Committee firstly recalls that neither reports seem to mention workers engaged in the logging and food and vegetable processing. Secondly it notes as regards local cartage and highway transport drivers as well as workers engaged in the road building and sewer and water main sectors that the standard working week is fixed at 50 hours.

The Committee reiterates the hope the the Government will take the necessary measures to bring down the normal weekly working hours to 48 for all workers including those engaged in the logging and food and vegetable processing, as provided for under Article 2 of the Convention and to determine, in consultation with employers' and workers' organisations, the circumstances and limits of exceptions to normal hours of work so as to give full effect to Article 6.

Quebec

The Committee notes the information supplied by the Government to the effect that no new measures have been taken to fix the maximum length of the working day and working week by the Government of the Province of Quebec.

In its previous comments, the Committee noted that the Act respecting labour standards fixed the standard working week at 44 hours but did not set out a maximum for overtime hours, as required in Article 6(1)(b) and (2) of the Convention. It once again hopes that the necessary measures will be taken to give effect to these requirements. The Committee also noted that Decree No. 634-80 respecting garage employees in the Montreal region reduced the maximum hours of work in a week, including overtime, from 72 to 66 hours of attendance. Consequently, for tradesmen, apprentices and parts clerks, whose normal working week is set at 42.5 hours, overtime could reach up to 23.5 hours and for other occupations whose normal week is set at 45 hours, overtime could reach up to 21 hours. The Committee considers that this goes far beyond the number of overtime hours authorised under Article 6(1)(b) and (2) which, moreover, requires that the maximum overtime hours should be fixed in advance for each case.

The Committee also observed that for employees working in a remote area or on the James Bay, the standard working week was fixed at 55 hours. Considering that this is incompatible with Article 2, which provides that working hours shall not exceed eight hours a day and 48 in the week, the Committee hopes that it will be possible for the Government to re-examine the situation in the light of this requirement of the Convention.

Finally, the Committee noted that the Act respecting labour standards contained no provisions requiring the posting of notices concerning hours of work, shifts and rest intervals and, as the Government states in its report, such posting was not compulsory. It hopes that the Government will take the necessary measures to give effect to Article 8(1)(a) in all industrial enterprises.

Saskatchewan

The Committee notes that under section 12 of the Employment Standard Act an employee may refuse overtime work in excess of four hours over the standard 40 hours' work in a week, i.e. over a maximum of 44 hours, and consequently that the Government considers it unnecessary to fix a limit to additional hours.

The Committee recalls that fixing a limit to the additional hours of work, as provided for under Article 6, paragraph 2, of the Convention, is a protection against excess in the number of overtime work that may be required and prevents misunderstandings in the relations between employers and employees. It hopes that the Government will soon be in a position to give effect to this requirement.

Yukon territory

The Committee notes that the new Employment Standards Act does not fix a limit to overtime work as provided for under Article 6, paragraph 2, of the Convention, except when the Director of Employment Standards considers additional hours to be detrimental to the employer's health or safety.

Recognising that the seasonal nature of jobs and the local working conditions make it difficult to impose a limit to additional hours of work, the Committee nevertheless considers that a 40-hour week supplemented by a fixed limit of say 13 to 15 hours of overtime would be in conformity with the requirements of the Convention.

The Committee hopes that it would be possible for the Government to determine, in consultation with employers' and workers' organisations concerned, the circumstances and limits in which exceptions to normal hours of work may be permitted.