Regulations Amending the Exemptions from and Modifications to Hours of Work Provisions Regulations and the Administrative Monetary Penalties will exempt classes of employees from the application of the new hours of work provisions.
These regulations will come into force five months following registration for:
- Rail transportation
- Banking
- Telecommunications & Broadcasting
The provisions in the Regulations for the air transportation sector will come into force 10 months following registration.
Registration SOR/2023-180 occurred on August 4, 2023.
The changes are related to the breaks and rest periods depending on the sector. The regulations are summarized in the tables below.
| Air transportation sector | ||||
| Name of employee class | 96 hours’ notice of work schedule | 24 hours’ notice of shift change | 8-hour rest period | 30-minute break |
| Pilots, flight engineers, and flight instructors | n/a | E | n/a | E |
| Pursers, flight attendants, alternative on-board crew members in business aviation, and loadmasters | n/a | E | n/a | M2 |
| Flight dispatchers and flight followers | n/a | E | n/a | M2 |
| Air traffic controllers, and air traffic operations specialists | n/a | E | n/a | n/a |
| Flight service specialists | n/a | E | n/a | M2 |
| Technologists working in air navigation services | n/a | E | M4 | n/a |
| Firefighters | n/a | E | n/a | n/a |
| Airfield operations specialists, airfield supervisors, and airfield operations emergency response specialists | n/a | E | n/a | n/a |
| Millwrights, electricians, heavy duty mechanics, heating, ventilation and air condition (HVAC) specialists, and information technology employees engaged in airport emergency response and preparedness operations | n/a | E | n/a | n/a |
E: An exemption is granted for the specified class of employees.
M2: A modification to the 30-minute break provides that the specified employees are entitled to at least a 30-minute break for every period of five consecutive hours of work, which can be split into periods of at least 15 minutes and provided at any time during the work period or shift.
M4: A modification to the 8-hour rest between work periods or shifts provides that the specified employees are entitled to a rest period of at least 8 consecutive hours within each 24-hour period in which they work a work period or shift. The unforeseeable emergency exception under subsection 169.2(2) of the Code continues to apply to classes of employees subject to this modification.
n/a: No modification or exemption for the relevant section of the Code.
| Rail transportation sector | ||||
| Name of employee class | 96 hours’ notice of work schedule | 24 hours’ notice of shift change | 8-hour rest period | 30-minute break |
| Locomotive engineers, conductors, brake-persons, yardmasters, assistant yardmasters, trainmasters, assistant trainmasters, hostlers, locomotive attendants, yard persons, switch tenders, and car retarder operators engaged in yard service | n/a | E | n/a | M3 |
| Locomotive engineers, conductors, and brake-persons employed in road or passenger service | n/a | E | E | E |
| Baggage handlers | n/a | E | n/a | n/a |
| Maintenance of way employees | n/a | E | M4 | M3 |
| Signals and communications equipment maintenance employees | n/a | E | n/a | M3 |
| Shopcraft employees | n/a | E | n/a | n/a |
| Intermodal service employees | n/a | E | n/a | n/a |
| Rail traffic controllers | n/a | E | M4 | n/a |
| Railway police officers | n/a | E | M4 | M3 |
| Service employees on board passenger trains | n/a | E | n/a | M2 |
| Service employees on board passenger trains for longer than 24 consecutive hours | n/a | E | M1 | M2 |
E: An exemption is granted for the specified class of employees.
M1: A modification to the 8-hour rest period between work periods or shifts provides that the specified employees are entitled to a rest period of at least 8 hours, with at least six of those hours being consecutive, during each 24-hour period in which they work a work period or shift. The unforeseeable emergency exception under subsection 169.2(2) of the Code continues to apply to classes of employees subject to this modification.
M2: A modification to the 30-minute break provides that the specified employees are entitled to at least a 30-minute break for every period of five consecutive hours of work, which can be split into periods of at least 15 minutes and provided at any time during the work period or shift.
M3: A modification to the 30-minute break provides that the specified employees are entitled to at least a 30-minute break for every period of five consecutive hours of work, and it may be divided into periods of at least 10 minutes, but for each period of less than 15 minutes granted, another period of at least 20 minutes must be granted, which can be provided at any time during the work period or shift.
M4: A modification to the 8-hour rest between work periods or shifts provides that the specified employees are entitled to a rest period of at least 8 consecutive hours within each 24-hour period in which they work a work period or shift. The unforeseeable emergency exception under subsection 169.2(2) of the Code continues to apply to classes of employees subject to this modification.
n/a: No modification or exemption for the relevant section of the Code.
| Banking sector | ||||
| Name of employee class | 96 hours’ notice of work schedule | 24 hours’ notice of shift change | 8-hour rest period | 30-minute break |
| Commission-paid salespeople employed in the banking sector | E | E | E | E |
E: An exemption is granted for the specified class of employees.
| Telecommunications and broadcasting sector | ||||
| Name of employee class | 96 hours’ notice of work schedule | 24 hours’ notice of shift change | 8-hour rest period | 30-minute break |
| Commission-paid salespeople employed in the telecommunications and broadcasting sector | E | E | E | E |
| Technicians who install, maintain or repair telecommunications networks or equipment and who are employed in the telecommunications sector | n/a | n/a | n/a | M2 |
| Producers, technicians and journalists who are working in the production of events that are broadcast live and who are employed in the broadcasting sector | n/a | E | M4 | M2 |
E: An exemption is granted for the specified class of employees.
M2: A modification to the 30-minute break provides that the specified employees are entitled to at least a 30-minute break for every period of five consecutive hours of work, which can be split into periods of at least 15 minutes and provided at any time during the work period or shift.
M4: A modification to the 8-hour rest between work periods or shifts provides that the specified employees are entitled to a rest period of at least 8 consecutive hours within each 24-hour period in which they work a work period or shift. The unforeseeable emergency exception under subsection 169.2(2) of the Code continues to apply to classes of employees subject to this modification.
n/a: No modification or exemption for the relevant section of the Code.