Weekly Rest (Industry) Convention, 1921 (No. 14) - Canada (Ratification: 1935)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on Convention No. 1

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work) and 14 (weekly rest) together.

Articles 1 and 2 of Convention No. 1. Article 1 of Convention No. 14. Scope of application. Saskatchewan. The Committee notes that section 2-3(1)(b) of the Employment Act of Saskatchewan allows exclusions to be made from the application of provisions on working time. The Committee further notes that, since its last examination, the Employment Standards Regulations have been adopted in Saskatchewan, excluding under sections 13, 14 and 14.1 a number of categories of workers from the application of Part II of the Employment Act, including oil truck drivers, certain employees of a rural municipality engaged in road construction or maintenance, and employees primarily engaged in mineral exploration in that part of Saskatchewan north of Township 62. The Committee requests the Government to indicate the provisions regulating hours of work and weekly rest for the workers excluded under section 13, 14 and 14.1 of the Employment Standards Regulations.

Hours of work

Articles 2, 5 and 6 of Convention No. 1. 1. Daily and weekly limits. Federal level. Manitoba. New Brunswick. Nova Scotia. Newfoundland and Labrador. Ontario. Prince Edward Island. Québec. Saskatchewan. Following its previous comments, the Committee notes that the following legislative provisions are inconsistent with provisions of the Convention: (i) daily limits of up to 12 hours under section 4 of the West Coast Shipping Employees Hours Regulations and weekly limits of up to 60 hours for highway motor vehicle operators under section 6 of the Motor Vehicle Operators Hours of Work Regulations at the federal level; (ii) standard daily hours of work of 10 hours for employees employed in the sector or on a major building construction project, under section 5 of the Construction Industry Minimum Wage Regulation in Manitoba; (iii) no limits on daily or weekly working hours under section 14 of the Employment Standards Act in New Brunswick; (iv) no daily limits to working hours prescribed by legislation in Newfoundland and Labrador, Nova Scotia and Prince Edward Island; (v) prescription of working hours above daily and weekly limits by individual agreement between employers and employees under section 17(2) and (3) of the Employment Standards Act in Ontario; (vi) daily limits of up to 10 working hours over a four-day week in Saskatchewan; and (vii) no daily limits prescribed in Québec and weekly limits of 60 hours or 55 hours for certain guards and employees in isolated workplaces or in the territory of Baie-James. The Committee recalls that, subject to limited exceptions, Convention No. 1 prescribes limits on regular hours of work, of eight-hours per day and 48-hours per week. The Committee requests the Government to indicateany measures undertaken to revise its legislation, in consultations with social partners, with a view to putting the abovementioned provisions on daily and weekly working hours in conformity with the Convention. In particular, the Committee requests the Government to continue providing information on the progress in the legislative reform in Prince Edward Island.

2. Averaging. Federal level. Alberta. British Columbia. Manitoba. Québec. Saskatchewan. Following its previous comments, the Committee notes that the following maximum averaging periods are inconsistent with Article 2(c) of the Convention: (i) 13 weeks under section 7 of the East Coast and Great Lakes Shipping Employees Hours of Work Regulations at the federal level; (ii) 52 weeks under section 23.1 of the Employment Standards Code in Alberta; (iii) 12 weeks under section 11.1(3) of the Employment Standards Code in Manitoba; and (iv) four weeks in British Columbia, Saskatchewan and Québec. The Committee requests the Government to indicateany decision undertaken to revise its legislation, in consultations with social partners, with a view to bringing the provisions regarding the averaging of hours in conformity with the Convention.

3. Overtime. Alberta. British Columbia. Manitoba. Northwest Territories. Nova Scotia. Nunavut. Ontario. Québec. Saskatchewan. The Committee notes, following its previous comments, that in the Northwest Territories, each application for orders for extended hours are communicated to the Workers’ Safety and Compensation Commission, and that such orders are only permitted where the nature of the work is seasonal or intermittent or where exceptional circumstances justify the additional hours. The Committee observes, however, that the Government has not replied to its previous comment to indicate the maximum number of additional hours permitted in Nunavut, under the permits prescribed by section 6(1)(b) and (2) of the Labour Standards Act. Furthermore, regarding Alberta, British Columbia, Manitoba, Ontario and Québec, there are no limits to additional hours fixed by legislation. The Committee also notes that, in Saskatchewan, employers can require additional hours with the employee’s consent pursuant to section 2-12 of the Employment Act, but the limits to the use of additional hours, including their maximum number, are unclear. The Committee requests the Government to indicatethe measures undertaken to revise its legislation, in consultations with social partners, with a view to fixing limits to the additional hours permitted in Alberta, British Columbia, Manitoba, Nova Scotia, Nunavut, Ontario, Québec and Saskatchewan, in accordance with Article 6 of the Convention. The Committee also requests the Government to provide further information about the consultation process with social partners in the Northern Territories and Nunavut regarding overtime regulations.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government concerning the compensatory rest period granted in the case of any suspensions or diminutions of the weekly rest period under Article 4 of the Convention, and the requirement for the employer to post notices indicating the hours of work and rest periods. It further notes the legislative amendments made by the Provinces, including those in Nova Scotia, Manitoba, Ontario and Quebec.

Article 2. Duration of the weekly rest period. The Committee notes the entry into force on 1 May 2003 in the Province of Quebec of the amendment to section 78 of the Act respecting labour standards, raising the weekly rest period to 32 hours. In particular, it notes the Government’s indication that, at the federal level, a comprehensive review was undertaken in 2004 of Part III of the Labour Code by the Federal Labour Standards Review Commission with a view to modernizing federal labour standards. It notes that the Review Commission issued its conclusions in October 2006 and recommended raising the duration of the weekly rest period from 24 to 32 hours. Noting that the Government has not yet taken any decision on this recommendation, as it has to consult the parties concerned and evaluate more fully the impact of the proposed amendment, the Committee requests the Government to keep the Office informed of any developments in this respect and to provide a copy of any relevant new legislative text.

Articles 4 and 5. Total or partial exceptions – Compensatory rest period. The Committee notes the indication by the Government of Nova Scotia that in January 2008 it approved a regulation exempting the offshore petroleum industry from the normal weekly rest period, namely 24 hours in every period of seven days. It also notes that this sector is currently regulated by a federal/provincial board which determines schedules and compensatory time off and that this system was introduced to bring an end to the previous procedure under which employers wishing to vary the normal weekly rest scheme had to apply to the Director of Labour Standards for permission and provide evidence that compensatory rest periods were provided and that the majority of employees were in agreement. The Committee requests the Government to provide further information on the weekly rest scheme that is currently applied to workers in the petroleum industry (duration and regularity of the weekly rest period, conditions for granting a compensatory rest period, etc.).

The Committee also notes that section 4 of Ontario Regulation No. 159/05 respecting the mining industry provides that employees, or a union, can agree to work a maximum of 28 consecutive days, following which the employer is required to give the employee’s days off work equal to the number of consecutive days worked divided by three. The Committee recalls that Article 2 of the Convention requires a period of rest comprising at least 24 hours in every period of seven days (principle of regularity and continuity of the weekly rest period) and that, in the case of total or partial exceptions, compensatory periods of rest shall be granted as far as possible. The Committee further notes that, although the Convention does not establish a precise time limit within which the compensatory rest period has to be granted, compliance with the spirit of the Convention requires this to be done within a reasonably short period, as otherwise the health and well-being of workers, deprived of a minimum period of rest and relaxation every week over a long period, would be jeopardized. The Committee therefore requests the Government to provide additional explanations on this subject.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the labour inspection services indicating the number of contraventions reported in relation to the weekly rest period, the number of workers covered by the legislation, copies of relevant collective agreements, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Articles 4 and 5 of the Convention. In cases where work is executed during the weekly rest period, sections 36 and 37 of the Employment Standards Act of British Columbia, as amended through the Employment Standards Amendment Act of 2002, provide for compensation in payment. The Committee asks the Federal Government to indicate the measures taken or envisaged to ensure that compensatory periods of rest are granted, as far as possible, for any suspensions and diminutions made in virtue of Article 4.

Article 7. With the repeal of section 31 of the Employment Standards Act of British Columbia, as amended, employers are no longer required to display hours of work notices, which also indicate hours free from work. The Committee requests the Government to state the methods adopted to give effect to this Article.