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

Canada

Hours of Work (Industry) Convention, 1919 (No. 1) (Ratification: 1935)
Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1935)

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.