Workplace Directorate 802-1-IPG-101– page 1

802-1-IPG-101

September 2019

Scope of Application - Canada Labour Code, Part III - Section 1-802-1-IPG- 101 Effective date: September 1, 2019

Labour Standard IPGs

Terms and conditions

Comment: Pursuant to the Interpretation Act, in the following text, words importing male persons include female persons.

Guideline

1. Subject This IPG outlines the scope of application of certain new hours of work provisions from September 1, 2019 until the coming into force of related regulations. The Regulations will either exempt classes of employees from certain hours of work provisions or will modify the provisions for the purpose of application to certain classes of employees. The purpose of this IPG is to outline the scope of application of sections 169.1, 169.2, 173.01, 173.1 in Division I of Part III (Labour Standards) of the Canada Labour Code (Code) to certain classes of employees, listed in the Schedule, in various industrial sectors.

2. Issue The following hours of work provisions have been added to Part III of the Canada Labour Code:

Breaks – 169.1;

Rest periods – 169.2;

Notice of hours of work –173.01; and

Shift changes – 173.1.

These changes will take effect on September 1, 2019.

Workplace Directorate 802-1-IPG-101 – page 2

It is necessary to provide a consistent interpretation of the scope of application of certain new hours of work provisions effective September 1, 2019 until the coming into force of new and amended hours of work regulations. For this purpose, the following three questions will be addressed:

What is the scope of application of the above noted new hours of work provisions?

Which classes of employees are subject to this interpretation?

How will non-monetary complaints pertaining to one of the four above-mentioned sections be handled by the Labour Program until the regulations come into force?

3. Interpretation

The policy intent of the new hours of work provisions is that they:

be applied in conjunction with regulatory exemptions for classes of employees to which the provisions cannot reasonably be applied, or

be modified, by way of regulation, where their application would be unduly prejudicial to the interests of certain classes of employees or seriously detrimental to the operation of the industrial establishment.

In light of this policy intent, as of September 1, 2019, and until related exemption or modification regulations are in place, employers may carry on business as usual with respect to the job titles in continuous operations and associated provisions identified in the Schedule. The National Occupational Classification (NOC) is for reference purposes only.

This interpretation is limited to the following provisions:

Breaks – 169.1;

Rest periods – 169.2;

Notice of hours of work –173.01; and

Shift changes – 173.1.

In order to facilitate the application of this interpretation, the job titles and associated provisions have been listed in the Schedule by industrial sector:

Road transportation;

Rail;

Marine transportation

Workplace Directorate 802-1-IPG-101 – page 3

Longshoring;

Air transportation & Airports;

Telecommunications;

Couriers;

Broadcasting; and

Grain elevators & Millers.

This interpretation is not designed to deny employees their right to file a complaint. Any employee who is of the view that their employer has contravened the Code may file a complaint with the Labour Program. Where a complaint related to one or more hours of work provisions and a job title identified in the Schedule is received, the Labour Program will investigate according to the existing Complaints Handling OPD 810-A. The inspector will determine whether the complaint is founded and may issue an Assurance of Voluntary Compliance (AVC). The Labour Program will work with the employer while work continues on the development of hours of work exemption and modification regulations.

4. Disclosure This interpretation applies exclusively to the specific job titles listed in the Schedule. This interpretation is in not a guarantee that the same classes of employees will be the subject of exemption or modification regulations. The regulatory process is independent of this IPG. Once the new regulation comes into force, this IPG will no longer be in effect.

5. Schedule - Job titles subject to IPG 101 SE

CTO

R

Job Title 30 MIN BREAK

8 HOUR REST PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Ro

ad t

ran

spo

rtat

ion

Route driver;

Delivery driver;

Courier service driver;

Delivery driver – parcels;

Delivery truck driver;

Messenger.

X X 1513

Freight checker;

Freight receiver;

Freight shipper;

Receiver;

Shipper;

Shipper-receiver.

X X 1521

Armored car driver;

Armored car guard;

Crew chief;

Guard.

X 6541

Material handler;

Truck loader;

Warehouseperson;

Dockman – truck transport

X X 7452

Bulk goods truck driver;

Flatbed truck driver;

Heavy truck driver;

Highway driver;

Long haul truck driver;

Tractor-trailer truck driver;

X X X 7511

SEC

TOR

Job Title 30 MIN BREAK

8 HOUR REST PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Transport driver;

Truck driver;

Freight truck driver.

Ro

ad t

ran

spo

rtat

ion

/

Tran

spo

rt r

ou

tier

Articulated bus operator;

Bus driver;

Bus driver – special needs passengers;

Bus operator;

Bus operator – accessible services;

Urban driver;

Public passenger transit driver;

Transit operator – transportation.

X 7512

Delivery driver;

Courier driver. X X 7514

Co

uri

ers

/En

t. d

e m

essa

geri

e

Utility courier;

Relief staff. X X 1511

Courier;

Courier service delivery person;

Courier service parcels deliverer;

Runner – courier service.

X X 1513

Warehouse employee – sortation on air ramps. X X --

Courier service driver;

Delivery driver;

Delivery truck driver;

Line-haul drivers;

Feeder drivers;

Package car drivers.

X X 7514

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Lon

gsh

ori

ng All job titles in this NOC – Longshore workers.

X X X X 7451

Mar

ine

Chief engineer - water transport;

Engineer officer - water transport;

Fourth engineer - water transport;

Marine engineer officer;

Second engineer;

Third engineer - water;

Transport, tugboat engineer.

X X X X 2274

Boat dispatcher;

Tugboat dispatcher;

Water service dispatcher.

X X 1525

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Mar

ine

Barge captain;

Barge operator;

Cable ferry deckhand;

Cable ferry operator;

Charter boat captain;

Charter boat master;

Charter boat operator;

Ferry operator;

Motor boat operator;

Motorboat captain;

Power cable ferry operator;

Reaction ferry operator;

Scow captain;

Scow operator;

Small craft operator;

Workboat operator.

X X X X 7533

Marine Personnel Regulations - On Ship Employees. X X X X --

All job titles in this NOC. X X X X 2273

All job titles in this NOC. X X X X 7532

Tele

com

mu

nic

atio

ns Electronics engineering technologist;

Fiber optics technician;

Fiber optics technologist;

Electrical technician;

Communications technologist;

Radio frequency technologist.

X X 2241

Computer network technician;

Web site administrator. X X 2281

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Tele

com

mu

nic

atio

ns

Technical support analyst – systems;

User support technician. X X 2282

Business office service representative – telecommunications;

Complaints clerk – customer service;

Client service clerk.

X 6552

Electrician (except industrial and power system). X X 7241

Communication lines technician;

Access technician – telecommunications. X X 7245

Telecommunications equipment technician;

Installation and repair technician – telecommunications.

X X 7246

Cable television installer;

Cable television maintenance technician. X X 7247

Electrical mechanic;

Switchgear repair electrical mechanic. X X 7333

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Bro

adca

stin

g

Anchor;

News reporter;

News writer;

News editor;

Photojournalist;

Video journalist.

X X 5123

Camera operator - news;

Electronic news gathering camera operator;

Electronic field production camera operator. X X 5222

Broadcast technician - news;

Broadcast transmitter operator - news;

Broadcasting switcher - news;

Master control room (MCR) equipment operator – broadcasting – news;

Mobile broadcasting equipment operator - news;

Regional transmitter technician - news;

Short-wave receiving station technician - news;

Video transmission operator – news;

Engineering technician – news.

X X 5224

Electronic news gathering (ENG) editor;

Public address (P.A.) system operator - news;

Audio operator - news;

Sound engineer – news.

X X 5225

Lighting technician. X X 5226

News reader;

Radio host – news. X X 5231

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Gra

in e

leva

tors

& M

iller

s

Assistant grain elevator manager;

Country grain elevator agent;

Grain elevator agent;

Primary grain elevator agent;

Country grain elevator operator;

Grain elevator operator;

Primary grain elevator operator.

X 6221

Grain elevator maintenance mechanic. X 7311

Cribber - grain elevator;

Grain conveyor operator;

Grain handler;

Grain weigher.

X 7452

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Gra

in e

leva

tors

an

d M

iller

s Grain cleaner - dryer;

Grain cooker;

Grain meal processor;

Grain miller;

Grain roaster;

Grain sample miller;

Grain-cleaning machine operator;

Grain-processing machine operator.

X 9461

Shipper and receiver (grain). X 1521

Ship supply clerk (grain). X 1524

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Gra

in e

leva

tors

an

d M

iller

s

Agronomist (sales). X 2123

Grain inspection supervisor;

Grain inspector;

Seed crop inspector;

Seed grains inspector.

x 2222

Electrical technician (grain elevators). X 2241

Air

tra

nsp

ort

atio

n

Flight scheduler- aeronautics;

Flight crew scheduler;

Flight operating agents.

X X X 1526

Aircraft maintenance engineer (AME) – avionics;

Avionics maintenance technician. X X X 2244

Air pilot;

Helicopter pilot. X X X 2271

Flight dispatcher;

Air traffic controller. X X 2272

Flight attendant. X X X 6522

SE

CTO

R

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Air

tra

nsp

ort

atio

n

Customer sales agent – airline;

Customer service agent – airline;

Load control agent - airline;

Airline cargo agent;

Passenger service agent - airline;

Certified load control agent.

X X X 6523

Aircraft maintenance engineer; (AME) (except avionics);

Aircraft mechanic;

Aircraft maintenance mechanic;

Aircraft technicians.

X X X 7315

Ramp agent – air transport;

Ramp attendant – air transport;

Ramp station attendant - air transport;

Aircraft refuelers;

Baggage loader - air transport;

Turn around crew;

Baggage service agent-- air transport;

Ground service equipment mechanic;

Cargo attendant - air transport;

Aircraft groomer.

X X X 7534

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Food and beverage services attendant. X X X 6711

Air

po

rts

Airfield operations and emergency response specialist;

Airfield operations specialist with emergency response responsibilities.

X X X X 2272

Airport fire department chief. X X X X 0432

Airport firefighter. X X X X 4312

Heavy duty mechanics for maintenance and repair of emergency or snow removal vehicles at airports,

X X X X 7312

Rai

l

Service employees on board trains (service manager, service coordinator, assistant service coordinator, activity coordinator, learning coordinator, senior service attendant).

X X X --

Signal and communications coordinator – railway. X X X --

Intermodal clerk – railway. X X X --

Welder inspector – railway. X X X --

SE

CTO

R

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Rai

l

Crew dispatcher – railway. X X X 1526

Signal engineer – railway. X X X 2133

Railway technician. X X X 2231

Rail traffic controller. X X X 2275

Railway police constable;

Railway police officer;

Railway police sergeant – all except commissioned. X X X 4311

Locomotive fireman. X X X 4312

Onboard railway cook. X X X 6322

Train baggageman. X X X 6721

Welder foreman – railway. X X X 7201

Tinsmith – railway. X X X 7233

Steel bridge worker – railway. X X X 7235

Flash butt welder - railway;

Thermite welder – railway;

Welder – railway.

X X X 7237

Electrician - railway;

Railway signal maintainer. X X X 7242

Plumber – railway. X X X 7251

Pipefitter – railway. X X X 7252

Carpenter – railway. X X X 7271

Brick and stone mason – railway. X X X 7281

Lead mechanic – railway. X X X 7301

Railway gang foreman;

Railway track maintenance foreman;

Freight loading foreman - railway;

X X X 7302

Loading dock foreman – railway.

Mechanic – railway. X X X 7312

Rail car mechanic X X X 7314

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC *

Rai

l

Locomotive engineer – railway;

Hostler - railway. X X X 7361

Conductor – railway yard;

Brakeman – railway. X X X 7362

Crane operator – railway. X X X 7371

Driller – railway;

Blaster – railway. X X X 7372

Railway car loader/unloader. X X X 7452

Heavy equipment operator. X X X 7521

Yardman;

Yardman - railway;

Car retarder operator;

Switchtender.

X X X

75

31

run

nin

g trad

es

Yardmaster - railway;

Assistant yardmaster - railway;

Yard foreman - railway.

X X X

73

04

SEC

TOR

Job Title 30 MIN BREAK 8 HOUR REST

PERIOD

24 HOUR NOTICE OF

SHIFT CHANGE

96 HOUR NOTICE OF SCHEDULE

NOC*

Rai

l

Railway trackman;

Railway track maintenance worker;

Snowplow operator – railway;

Extra gang labourer - railway;

Machine operator – railway;

Grinder operator – railway;

Locomotive attendant;

Railway equipment operator;

Trackmobile operator – railway.

X X X

75

31

no

n-ru

nn

ing trad

es

Bridge labourer – railway;

Bridge gang worker – railway; X X X 7611

Track greaser – railway;

Rail lubricator;

Signal and communications worker – railway.

X X X 7622

Painter – railway. X X X 9536