Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee refers to its observation and asks the Government to provide additional information on the points below.

Federal jurisdiction

The Committee notes the adoption of the new Commercial Vehicles Drivers' Hours of Service Regulations effective as of 1 July 1989, which allow drivers of commercial vehicles to be on duty for up to 15 hours per day and for 60, 70 or 120 hours where the driving schedule is based, respectively, on the period of seven, eight or 14 consecutive days (24 hours of off-duty time must be taken before completing 75 hours on duty).

It also notes that Regulations of 8 May 1973 of the railway-running trains' employees, which provides for their permanent exemption from the Hours of Work Regulations, is still in force. It recalls that this exemption is in conformity neither with Article 2(a) of the Convention, which only allows exemptions for persons holding positions of supervision or management or employed in a confidential post, nor with Article 6, paragraph 1(a), of the Convention which allows permanent exceptions only in respect of persons whose work is essentially intermittent.

The Committee again notes that the Government is considering the possibility of repealing the Atomic Energy of Canada Limited (Cape Breton) Hours of Work Regulations, in accordance with the Committee's suggestion in its previous direct request. As regards the Rabbit Lake uranium workers' regulations on hours of work, 1975, the Committee is bound to point out once again that a working period of 11 hours per day, not including overtime, is incompatible with Article 2(b) of the Convention which allows the daily limit of eight hours to be exceeded by only one hour.

While recognizing that there are cases in which it is difficult to apply the limits fixed in Article 2 and in which arrangements within the meaning of Article 5 could be envisaged, the Committee again asks the Government to examine the above-mentioned situations with a view to imposing a limit on authorized hours of work which is in closer conformity with the provisions of the Convention.

Provincial jurisdiction

Alberta

The Committee notes the information supplied by the Government of Alberta in reply to its previous direct request. It notes, however, that the regulations issued under the Employment Standards Act allow working days of up to 12 hours in certain circumstances, and overtime. It would be grateful if the Government would indicate the measures taken or contemplated to bring the legislation and practice into conformity with the Convention which provides that working hours may not exceed eight in the day and that the number of additional hours (for which the rate of pay shall be not less than one and one-quarter times the regular rate) must be determined after consultation with workers' and employers' organizations.

British Columbia

The Committee takes due note of the indication that the Government is committed to a comprehensive review of the Employment Standards Act and specifically those provisions dealing with hours of work and overtime.

It hopes that in due course the Government will provide information on the results of the review, which was scheduled to begin in 1993, and that the Committee's earlier comments on the application of Articles 2 and 6 of the Convention will be taken into account.

Manitoba

The Committee notes that the Government is not, at present, envisaging any changes to the legislation with respect to restricting hours of work.

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' organizations, the circumstances and limits in which exceptions to normal hours of work may be permitted, as provided in Article 6 of the Convention.

New Brunswick

The Committee notes the indication that, within the socio-economic context of the country, many employers and their workers have concluded agreements and arrangements which allow flexibility in working time, and that the Government does not intend to limit weekly and daily hours of work. The Committee is bound to repeat its previous comment that the relevant provisions of the Employment Standards Act and Regulation No. 70/39 issued under the Fair Wages and Hours of Labour Act are incompatible with Articles 2 and 6 of the Convention, and again expresses the hope that the Government will soon take the necessary measures to bring the legislation and practice into conformity with the above-mentioned provisions of the Convention.

Ontario

The Committee notes the information supplied by the Government in answer to its previous comments, concerning workers engaged in logging and food and vegetable processing.

Furthermore, the Committee notes that the Hours of Work Regulation for the categories of workers mentioned in the previous direct request (i.e. local cartage and highway transport drivers, and workers in the road-building, sewer and water-mains sectors). The Committee asks the Government to inform the Office of any new developments regarding the legislation and hopes that the Hours of Work Regulation for the above-mentioned workers will be brought into conformity with Articles 2 and 6 of the Convention, in the light of the Committee's comments.

Quebec

The Committee notes that the Labour Standards Act was amended twice, in December 1990 and July 1992, but that account was not taken of the Committee's request concerning the determination of the maximum number of additional hours, in accordance with Article 6, paragraphs 1(b) and 2 of the Convention. Moreover, the Labour Standards Regulation still fixes the working week at 55 hours for employees working in remote areas or on the James Bay territory.

The Committee notes the statement that Quebec does not intend, for the time being, to amend the Labour Standards Act to bring it into conformity with the provisions of the Convention, in view of the prevailing economic difficulties. According to the report, the daily and weekly hours of work laid down in the Convention are largely observed in the industrial sector. The Committee none the less hopes that the Government will be able to take the necessary measures in the near future to give full effect to the provisions of the Convention on which it has been commenting.

Furthermore, the Committee notes that the new Decree, No. 296-92 of 25 February 1992, respecting garage workers in the Montreal region does not amend section 3.11 of Decree No. 634-80 as requested. It notes, however, that the contracting parties were consulted and have no objection to the section in question being repealed when the Decree is next revised. The Committee hopes that, as the Government has given it to understand, it will be possible for the necessary amendment to be made in 1994.

Saskatchewan

The Committee notes that the Government considers it unnecessary to further legislate additional limits to overtime hours to give effect to Article 6, paragraph 2, of the Convention since, under section 12 of the Labour Standards Act, employees may refuse overtime work in excess of four hours over the standard 40 hours' work per week.

Yukon Territory

The Committee notes the amendment to the Employment Standards Act in 1992, under which employees may refuse, in certain circumstances, to work extra hours.

Notwithstanding this amendment, which appears to be of limited scope in this case, the Committee recalls its previous comments on the determination of additional hours of work in accordance with Article 6 of the Convention.