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Archived - Overview of Part III of the Canada Labour Code (Labour Standards)

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Division I

Hours of Work

  • For most employees covered under the Code, the Standard Hours of work prior to overtime having to be paid are 8 hours in a day and 40 hours in a week.
  • The Maximum hours that most employees may work are 48 hours per week. Maximum Hours may be exceeded with a Ministerial permit, or due to an emergency.
  • Standard Hours and Maximum Hours may be varied with an Averaging Plan or Modified Schedule.
  • Employees shall have at least one full day of rest in the week.
  • Overtime Pay: once standard hours are exceeded, the employer must pay a rate of at least one and one-half times the regular rate of pay.

Modified Work Schedule

  • An employer may establish or modify a work schedule which alters standard hours and maximum hours
    Example: Agreement reached with employees to work 4 days per week with standard hours of 10 hours per day. Overtime is due after employee works in excess of 10 hours per day or 40 hours per week, whichever is greater.
    • Modification must be agreed to by union or,
    • Where there is no collective agreement, the modification must be approved by 70% of the affected employees.

Averaging

  • An employer, under certain conditions, may average an employee’s hours of work over a period of two or more weeks to determine the employee’s overtime entitlements. No agreement with the employees is required.
    Example: Employer institutes ten week averaging plan, overtime is due if employee exceeds standard hours of 10 weeks x 40 standard hours = 400 hours. Certain reductions from standard hours may occur, if employee takes vacation, general holiday etc.
  • The hours of work of drivers in motor vehicle transport (except bus drivers) cannot be averaged.

Exclusion from Hours of Work

The following employees are exempt from overtime and maximum hours of work:

  • Managers, superintendents or those who exercise management functions.
  • Those employees who are members of the following professions:
    • Architectural;
    • Dental ;
    • Engineering;
    • Legal;
    • Medical.

Special Regulations Affecting Hours of Work

  • Broadcasting Industry Commission Salesmen Hours of Work Regulations
  • East Coast and Great Lakes Shipping Employees Hours of Work Regulations
  • Motor Vehicle Operators Hours of Work Regulations
  • Ontario Hydro Nuclear Facilities Exclusion From Part III of the Canada Labour Code Regulations
  • West Coast Shipping Employees Hours of Work Regulations
  • Canada Labour Standards Regulations

These regulations can modify:

  • Standard hours of work;
  • Maximum hours of work;
  • The number of hours of work in a day or in a week after which overtime must be paid;
  • The scheduling of hours of work and days of rest.

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Date Modified:
2011-11-22