Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the detailed report on the application of the Convention at the federal and provincial levels provided by the Government for the period ending May 1998. It wishes to draw the Government's attention to the following points.

Federal jurisdiction

The Government indicates that, following an inquiry into the conditions of running-trades employees in the railway industry, it was not considered appropriate to amend the Regulations of 8 May 1973, which allow for their permanent exemption from the Hours of Work Regulations. It states that the collective agreements covering this category of workers take sufficiently into account the specific needs of their work to provide adequate protection. The limits prescribed in Articles 2 and 5 of the Convention may be considered to be elementary guarantees to safeguard the health and welfare of workers and protect them against the risk of abuse and, in this respect, the Committee hopes that the Government will take them into account for the determination, where appropriate, of limits which are in greater conformity with the provisions of the Convention.

Provincial jurisdiction

Alberta

The Committee notes the indication that a major review of the regulations respecting specific industry groups was commenced in 1998 and that amendments could be adopted in 1999. The Committee requests the Government to transmit any relevant text and to indicate whether measures have been taken to comply with the maximum daily limit of eight hours of work in the day prescribed by the Convention.

New Brunswick

The Committee notes that the Government confines itself to indicating that it supports the idea of more flexible working hours and that the role of the social partners is essential in promoting such arrangements. The Committee recalls that its previous comments concerned the fact that the provisions of Regulation No. 70/39 respecting public works enterprises, issued under the Fair Wages and Hours of Labour Act, are incompatible with Articles 2 and 6 of the Convention. It once again requests the Government to take the necessary measures to bring the legislation into conformity with the above provisions of the Convention.

Quebec

The Committee notes the explanations provided by the Government on the reasons for which the Labour Standards Act does not establish the maximum number of additional hours. The Government also states that the reduction of the normal working week from 44 hours to 40 hours, decided upon in agreement with the social partners, provides sufficient guarantees against the abuse of additional hours. The Committee recalls that the limits on additional hours set out in Article 6, paragraph 2, of the Convention constitute elementary guarantees against the risk of abuse and it is bound to hope once again that the Government will envisage bringing its legislation into conformity with this provision.

With regard to Decree No. 296-92 respecting garage workers in the Montreal region, which establishes the maximum working hours, including additional hours, at 66 hours a week and which, in this respect, has been the subject of its comments since 1990, the Committee notes the indication that a general review of existing decrees was commenced in 1996 and should be completed by the end of the year. It hopes that the Government will be in a position to report an amendment of the Decree in the sense indicated in its comments.