CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Article 1 of the Convention. Scope of application. British Columbia. The Committee notes that, under section 3(2) of the Employment Standards Act, its provisions on hours of work do not apply to workers covered by a collective agreement. It requests the Government to specify the manner in which it satisfies itself that the hours of work of employees covered by such collective agreements do not exceed certain limits. The Committee further notes that, in response to a previous comment on the hours of work of BC Rail employees, the Government states that most operations of BC Rail have been transferred to the Canadian National Railway, which is regulated by federal legislation. For the operations that remain under provincial jurisdiction, the Committee notes that, according to the Government, specific standards apply to the employees concerned, and requests the Government to provide copies of the relevant texts.

Manitoba. The Committee notes that according to section 9 of the Employment Standards Code, the Code’s provisions on hours of work do not apply to employees whose standard hours of work are determined under the Construction Industry Wages Act. It notes that this Act provides for the establishment of various wages boards, whose duties include determining the maximum standard hours of work that employees may be required to do in any day, week or month. The Committee further notes that according to the Government’s report, the rules applying in this sector were consolidated in 2006 into a uniform standard of ten hours per day and 40 hours per week. The Committee requests the Government to provide a copy of the new provisions applying in this area.

Article 6, paragraph 1(b). Temporary exceptions. Alberta. The Committee notes that under section 16(1)(b) and (2) of the Employment Standards Code, the Director of Employment Standards may authorize the limit of 12 hours of work a day to be exceeded, but only to the extent necessary to avoid serious interference with the ordinary working of the business. It requests the Government to specify the kind of circumstances in which such authorizations are granted.

Article 8. Posting of hours of work. British Columbia. The Committee takes note of the information sent by the Government in response to its previous comment, to the effect that the requirement for employers to display notices on hours of work was abolished owing to technical and logistical difficulties. It notes that, as a matter of good business practice, employers continue to post notices to facilitate the smooth operation of their businesses, and to disseminate the information electronically or in other appropriate ways, and that the Director of Employment Standards Branch continues to have the ability to require the posting of these notices on a case by case basis. The Committee draws the Government’s attention to the fact that Article 8 of the Convention requires employers to notify hours of work but does not impose any medium for such notification. What matters is that workers must be provided with accurate and timely information about their hours of work. The Committee therefore hopes that the Government will take prompt measures to require notification of such information by such methods as it may deem appropriate.

Part VI of the report form. Application in practice. The Committee notes the information sent by the Government concerning Alberta’s programme to secure compliance with the legislation which now involves site visits. It also notes the statistical data sent by the Government of Quebec which show that in 2007 the average length of the working week was 34.5 hours, and that only five per cent of employees worked more than 40 hours a week. The Committee requests the Government to continue to provide information on the practical effect given to the Convention, including extracts from reports of the labour inspection services and, if possible, statistics on the number of workers protected by the federal and provincial legislation, the number and nature of reported breaches of the hours of work provisions in laws and regulations, and the measures taken to end them.

CMNT_TITLE

Further to its previous comments, the Committee again expresses concern at the many discrepancies between the Canada Labour Code and the provincial legislation on hours of work, and the provisions of the Convention. It draws the Government’s attention to the main areas where there are problems in applying the Convention, after a brief overview of the applicable legislative framework.

Articles 2, 5 and 6, paragraph 1(b), of the Convention. Daily and weekly hours of work. Federal legislation. The Committee notes that according to section 169(1) of the Canada Labour Code, standard hours of work are eight per day and 40 per week. It notes that in certain circumstances, hours of work may be averaged over a period of two weeks or more. It further notes that section 171 of the Canada Labour Code allows workers to be employed in excess of the standard hours of work provided that the number of hours they work in a week does not exceed 48 or a lower number established by the regulations of the establishment concerned and which may likewise be averaged over a period of two weeks or more under section 172. The Committee also notes that section 175 of the Code allows the Governor in Council to make regulations establishing different hours of work provisions for certain classes of employees. Lastly, it notes that section 176 of the Code allows the Minister of Labour to grant exceptions under which, for a certain class of employees, the maximum hours of work may be exceeded.

Provincial legislation – Alberta. The Committee notes that section 16(1) of the Employment Standards Code limits the length of the working day to 12 hours, but sets no limit for weekly hours of work. It further notes that section 20 of the Code makes provision for recourse to a compressed work week, in which hours of work may not exceed 12 per day and 44 per week. Lastly, it notes that according to section 20(2)(d), if the compressed work week is part of a cycle (system of averaging hours), the weekly limit of 44 hours is not absolute but applies on average over the cycle.

British Columbia. The Committee notes that section 35 of the Employment Standards Act limits standard working hours to eight a day and 40 a week, but that section 37 allows this rule to be waived if an agreement is reached to average the hours of work. It notes that such an agreement may be concluded for a period ranging from one to four weeks. In such cases, the average weekly hours of work may not exceed 40 and the normal daily hours of work may not exceed 12, any hours worked beyond these limits being payable at overtime rates.

Prince Edward Island. The Committee notes that section 15(1) of the Employment Standards Act establishes a standard work week of 48 hours. It notes that section 15(2) allows the Standards Board to exempt specific employees or industries from this rule and to substitute other limits.

Manitoba. The Committee notes that section 10 of the Employment Standards Code establishes a standard work week of 40 hours or any greater number of hours per week prescribed by regulation or permitted by the Employment Standards Director, who issues a permit authorizing the hours to be increased pursuant to section 13. It notes that where such a permit is issued, hours of work may be spread over a number of weeks (for example, 120 hours over three weeks). The Committee further notes that according to section 14(2) and (3) of the Employment Standards Code, such permits are valid for not more than three years and that before issuing them, the Director must consider a number of factors, including any effect the permit could have on the safety, health or welfare of the public or the employees concerned. Furthermore, the Committee notes that pursuant to section 10 of the same Code, the standard daily hours of work are eight hours or any greater number of hours per day provided for in a collective agreement applying to the worker concerned, or by regulation or authorization by the Director by means of a permit.

New Brunswick. The Committee notes that section 14 of the Employment Standards Act provides that subject to the provisions on weekly rest and children and to any other Act, there is no limit on the number of hours an employee may work during any daily, weekly or monthly period. It notes that sections 15(1) and 16 of the Act allow the Lieutenant-Governor in Council to prescribe the maximum number of hours beyond which a higher wage rate must be applied, without, however, limiting hours of work. It notes in this connection from information in the Government’s report that the authorities of the province do not intend to amend the legislation.

Nova Scotia. The Committee notes that the Labour Standards Code contains no provision limiting daily or weekly hours of work, other than section 66, which provides that workers are as a rule entitled to 24 consecutive hours of weekly rest. It notes that section 40(4) of the Code merely imposes payment of an overtime rate equal to at least 50 per cent more than the normal rate to employees who are required to work in excess of 48 hours a week. The Committee further notes that section 2(4A) of the General Labour Standards Code Regulations excludes from the application of this rule workers to whom the Minimum Wage Order (Construction and Property Maintenance) applies. Lastly, it notes that section 6 of the abovementioned Order sets a maximum work period of 110 hours within two consecutive weeks for employees to whom the Order applies.

Ontario. The Committee notes that according to section 17(1) of the Employment Standards Act, an employee may not work more than eight hours a day or than the number of hours in the employee’s regular work day if that number is more than eight hours, or than 48 hours a week. It observes, however, that according to section 17(2), the daily limit may be exceeded if the employee and employer so agree. Furthermore, section 17(3) allows the 48-hour weekly limit to be exceeded provided that employee and employer so agree and that the employer has the approval of the Employment Standards Director pursuant to section 17.1 of the Act. It notes that according to section 17.1(14), such approval allows the employee to work more than 60 hours in a week, but its validity is limited to one year. As to the limitation of daily hours of work, the Committee notes that daily rest may not be less than 11 hours other than for an employee who is on call. The Committee infers from all the foregoing that the length of the working hours may be up to 13 hours per day and may exceed 60 hours per week, subject to the payment of a higher rate of pay for hours worked in excess of 44 a week (or the grant of compensatory rest), as provided in section 22 of the Employment Standards Act.

Quebec. The Committee notes that section 52 of the Labour Standards Act establishes a standard working week of 40 hours, but observes that this limit is merely a threshold that triggers payment of overtime rates which confers the right to increased rate of pay of the workers concerned. It also notes that section 53 of the Act introduces the system of averaging of weekly hours of work, which may be established either by the employer with authorization from the Labour Standards Committee, or by collective agreement or decree. The Committee further notes that according to section 59.0.1 of the Act, other than in exceptional circumstances or in force majeure, employees may refuse to work more than four hours beyond their normal daily hours of work or more than 14 hours in every 24‑hour period, whichever is the shorter, or more than 12 hours per period of 24 hours in the case of employees whose daily hours of work are variable or non‑continuous.

Saskatchewan. The Committee notes that section 6(1) of the Labour Standards Act as a rule limits working hours to eight a day and 40 a week. It notes, however, that under section 6(2), these limits may be exceeded provided that the worker concerned is paid at a higher rate of at least 50 per cent for each hour worked in excess of the eight hours. The Committee also notes the exceptions to the requirement to pay overtime rates in the context of the compressed work week provided for in section 7 of the Act, and in the averaging of hours of work allowed by section 9. Lastly, the Committee notes that under section 12(1), an employer must obtain consent of his/her employees for them to work more than 44 hours a week, other than in emergency circumstances.

Newfoundland and Labrador. The Committee notes that according to section 5 of the Labour Standards Regulations, the standard hours of work beyond which overtime rates apply pursuant to section 25 of the Labour Standards Act, is 48 hours a week. It notes, however, that the only limitation on working hours contained in the Labour Standards Act is to be found in section 23, which requires daily rest of eight consecutive hours except in the case of an emergency that constitutes a hazard to life or property. The Committee infers that outside the case of an emergency, the length of the working day is up to 16 hours and that the law sets no weekly limit. Lastly, section 26(c) of the Act provides that the Lieutenant‑Governor in Council may fix the maximum number of hours in specified undertakings.

Fixing limits to daily and weekly hours of work. The Committee recalls that according to Article 2 of the Convention, standard working hours are to be limited to eight a day and 48 a week. It notes, however, that the Employment Standards Act of New Brunswick sets no limit either on daily or on weekly hours of work. In addition, the Employment Standards Act of Prince Edward Island does not regulate daily working hours. The Employment Standards Code of Manitoba sets a standard working day of eight hours, allowing to fix a different limit by collective agreement, regulation or by permission of the Employment Standards Director. It also notes that the legislation of Ontario allows to set by collective agreement a working day of up to 13 hours and, subject to administrative authorization, a working week in excess of 60 hours. Lastly, the Committee notes that the legislation of Nova Scotia sets standard working time at 110 hours over a two-week period in the construction sector.

Compressed work week. The Committee draws the Government’s attention to the fact that Article 2(b) of the Convention allows weekly hours of work to be spread unevenly, for example in the context of a compressed working week, but only if the length of the working day does not exceed nine hours. It notes in this connection that the Employment Standards Code of Alberta allows recourse to a compressed work week which allows a working day of up to 12 hours.

Averaging of hours of work. The Committee recalls that Article 5 of the Convention allows averaging of work hours only in exceptional cases where it is recognized that the normal limit of eight hours a day and 48 hours a week cannot be applied. It notes, however, that a number of legislative texts allow working hour arrangements to be introduced with no provision for ensuring compliance with these conditions. The Committee notes in this connection that the Canada Labour Code allows averaging of hours of work without setting any maximum limit to the periods for which they may be applied, the only condition being the consent of the union concerned or the approval of at least 70 per cent of the employees concerned. It notes in this connection the report “Fairness at Work: Federal Labour Standards for the 21st Century”, published in October 2006 by the Federal Labour Standards Review Commission. It notes in particular Recommendation 7.6, which seeks to provide a framework for the introduction of averaging arrangements. The Committee also notes that averaging is authorized by the legislation of Alberta and Manitoba with no particular restrictions. It also observes that working time arrangements of this kind are also allowed by the Labour Standards Act of Quebec, and by the legislation of Saskatchewan and British Columbia – in the latter province the period of reference may be of up to four weeks.

Overtime. The Committee wishes to underline that overtime work, in the context of temporary exceptions, is authorized only in the circumstances listed exhaustively in the Convention: in case of accident, actual or threatened, or in case of urgent work to be done to machinery or plant, or in case of force majeure (Article 3) or to enable an establishment to deal with an exceptional case of pressure of work (Article 6(1)(b)). It notes, however, that the limits placed on hours of work by the legislation of Nova Scotia, Quebec and Saskatchewan are merely a threshold beyond which the hours worked must be paid at a higher rate, with no specification as to the circumstances in which overtime work is authorized. It further notes that a similar provision is to be found in the Labour Standards Act and Regulations of Newfoundland and Labrador, which set a maximum working day of 16 hours.

The Committee requests the Government to take the necessary measures without delay to ensure that federal and provincial laws and regulations are brought into conformity with the provisions of the Convention on these matters. It asks the Government in particular to keep the Office informed of any decisions it may take with a view to implementing the recommendations in the report “Fairness at Work: Federal Labour Standards for the 21st^t Century”.

The Government is also asked to provide copies of any regulations adopted pursuant to section 175 of the Canada Labour Code, section 10 of the Employment Standards Code of Manitoba, or section 26(c) of the Labour Standards Act of Newfoundland and Labrador with a view to setting specific rules on hours of work for certain categories of workers. The Government is also asked to provide information on any exceptions to the standard rules on hours of work that have been granted pursuant to the following provisions: section 176 of the Canada Labour Code; section 15(2) of the Employment Standards Act of Prince Edward Island.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]

CMNT_TITLE

Federal jurisdiction

Articles 2 and 5 of the Convention. Working hours. The Committee notes the Government’s explanation that, following an inquiry which examined the hours of work for employees in the railway industry, it was not considered appropriate to amend the regulations of 8 May 1973, which allow for their permanent exemption from the Hours of Work Regulations. The Government states that the collective agreements covering this category of workers take sufficiently into account the specific needs of their work to provide adequate protection. In this regard, the Committee notes the Order of 23 August 1993, made by the Minster of Transport pursuant to the Railway Safety Act, which states that the total duty time for all operating employees shall not exceed 18 hours in any 24-hour period and 12 hours in any single tour of duty, which exceeds the limits prescribed in the Convention. The Committee once again wishes to underline that the limits prescribed in Articles 2 and 5 of the Convention should be considered as elementary guarantees to safeguard the health and welfare of workers and protect them against the risk of abuse. It hopes that the Government will take them into account for the determination of limits, which are in greater conformity with the provisions of the Convention.

Provincial jurisdiction

Alberta. Articles 2 and 6. Working hours. The Committee notes the amendment of the Employment Standards Code and its corresponding Regulation. The amended Code continues to allow working hours up to 12 hours per day under certain circumstances. Furthermore, the amended regulation prescribes the standard hours of work (hours of work without a higher rate of pay for overtime) for certain categories of workers. These hours, ranging between nine to 12 hours per day, exceed the limits prescribed in Articles 2 and 6 of the Convention. The Committee requests the Government to indicate the measures taken or contemplated to bring the legislation and practice into conformity with the Convention.

British Columbia. Article 1. Scope of application. The Committee notes the amendment of the Employment Standards Act which, inter alia, has repealed section 43 of the Act and also notes its corresponding regulation. The hours of work and overtime provisions of the Act no longer apply to employees whose collective agreements do not meet or exceed those provisions. The Committee sees itself bound to point out that minimum employment standards pertaining to hours of work in the Act apply to all workers covered by Article 1 of the Convention.

Furthermore, workers in certain industries and occupations are excluded from the Employment Standards Act and Regulation concerning hours of work. This includes employees of BC Rail, operators of certain types of transportation and certain employees involved in exploring minerals other than oil or gas. The Committee requests the Government to transmit any relevant text to indicate whether measures have been taken to apply the provisions of the Convention to these workers.

Articles 2 and 6. Working hours. The Committee notes that there is no statutory limit to the number of hours that workers are allowed to work per day or week. Furthermore, special hours of work and overtime rules apply to employees in certain industries and occupations and are governed by the amended Employment Standards Regulation. The standard hours of work (hours of work without a higher rate of pay for overtime) for certain industries have been set at 60 hours per week. This exceeds the limits prescribed in Articles 2 and 6 of the Convention. The Committee requests the Government to indicate the measures taken or contemplated to bring the legislation and practice into conformity with the Convention which provides that working hours may not exceed eight in the day and that the number of additional hours (for which the rate of pay shall be not less than one and one-quarter times the regular rate) must be determined after consultation with workers’ and employers’ organizations.

Article 8. Posting of notices. The Committee notes that section 31 of the Act has been repealed and that employers are no longer required to display notices on the hours of work or to provide 24-hour notice in the event of a change of shift schedule despite this being a requirement under Article 8 of the Convention. It requests the Government to reinstate this provision within its legislation to bring the legislation in line with the Convention.

New Brunswick. Articles 2 and 6. Working hours. The Committee notes that under the Minimum Wage for Categories of Employees in Crown Construction Work Regulation, the maximum hours of work (without overtime) for certain categories of workers are set at 50 hours per week. Furthermore, the Regulation allows work above the maximum hours of work, as overtime and does not impose a limit on the number of hours workers are allowed to work as overtime per day or week. The Committee requests the Government to indicate the measures taken or contemplated to bring the legislation and practice into conformity with Articles 2 and 6 the Convention which provides that working hours may not exceed eight in the day or 48 in a week and that the number of additional hours must be determined after consultation with workers’ and employers’ organizations.

Newfoundland. Article 6. Overtime. The Committee notes the amendment to the Labour Standards Act and its corresponding Regulation, which allows overtime work above the standard hours of work. It does not, however, impose a limit on the number of hours workers are allowed to work as overtime per day or week. The Committee requests the Government to bring its legislation into conformity with this provision.

Quebec. Article 6. Overtime. The Committee notes the amendments to the Act Respecting Labour Standards and its corresponding Regulation. Standard working time per week for employees working in an isolated area or carrying out work in the James Bay territory is 55 hours, which is in excess of the limits prescribed in the Convention. Furthermore, the maximum hours of work are set between 12 to 14 hours per 24-hour period and are not in accordance with the Convention. The Committee recalls the limits on additional hours set in Article 6 of the Convention and requests the Government to bring the legislation into conformity with this provision.

Section 54(4), of the Act states that "the number of hours of the regular work week, determined in section 52, does not apply, as regards the computing of overtime hours, for the purpose of the increase in the usual hourly wage, to an employee who works outside an establishment whose working hours cannot be controlled". The Committee requests the Government to provide further information on the category of workers affected by this section and illustrate this provision’s conformity with Article 6.

CMNT_TITLE

The Committee once again notes the difficulties encountered by the Government in harmonizing the federal and provincial regulations with the provisions of the Convention, particularly with regard to the maximum length of the working day as prescribed by Article 2 of the Convention and the determination of the circumstances and limits within which exceptions to normal working hours may be allowed (Article 6). The Committee is also concerned about certain categories of workers who come within the scope of the Convention (e.g. Article 1, paragraph 1(d) - railway workers) but, under certain provincial legislations, are exempt from the coverage of the Convention. The Committee is bound once again to express the hope that the Government will take the necessary action to ensure the application of these provisions of the Convention and that it will take into account the points raised by the Committee in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the detailed report on the application of the Convention at the federal and provincial levels provided by the Government for the period ending May 1998. It wishes to draw the Government's attention to the following points.

Federal jurisdiction

The Government indicates that, following an inquiry into the conditions of running-trades employees in the railway industry, it was not considered appropriate to amend the Regulations of 8 May 1973, which allow for their permanent exemption from the Hours of Work Regulations. It states that the collective agreements covering this category of workers take sufficiently into account the specific needs of their work to provide adequate protection. The limits prescribed in Articles 2 and 5 of the Convention may be considered to be elementary guarantees to safeguard the health and welfare of workers and protect them against the risk of abuse and, in this respect, the Committee hopes that the Government will take them into account for the determination, where appropriate, of limits which are in greater conformity with the provisions of the Convention.

Provincial jurisdiction

Alberta

The Committee notes the indication that a major review of the regulations respecting specific industry groups was commenced in 1998 and that amendments could be adopted in 1999. The Committee requests the Government to transmit any relevant text and to indicate whether measures have been taken to comply with the maximum daily limit of eight hours of work in the day prescribed by the Convention.

New Brunswick

The Committee notes that the Government confines itself to indicating that it supports the idea of more flexible working hours and that the role of the social partners is essential in promoting such arrangements. The Committee recalls that its previous comments concerned the fact that the provisions of Regulation No. 70/39 respecting public works enterprises, issued under the Fair Wages and Hours of Labour Act, are incompatible with Articles 2 and 6 of the Convention. It once again requests the Government to take the necessary measures to bring the legislation into conformity with the above provisions of the Convention.

Quebec

The Committee notes the explanations provided by the Government on the reasons for which the Labour Standards Act does not establish the maximum number of additional hours. The Government also states that the reduction of the normal working week from 44 hours to 40 hours, decided upon in agreement with the social partners, provides sufficient guarantees against the abuse of additional hours. The Committee recalls that the limits on additional hours set out in Article 6, paragraph 2, of the Convention constitute elementary guarantees against the risk of abuse and it is bound to hope once again that the Government will envisage bringing its legislation into conformity with this provision.

With regard to Decree No. 296-92 respecting garage workers in the Montreal region, which establishes the maximum working hours, including additional hours, at 66 hours a week and which, in this respect, has been the subject of its comments since 1990, the Committee notes the indication that a general review of existing decrees was commenced in 1996 and should be completed by the end of the year. It hopes that the Government will be in a position to report an amendment of the Decree in the sense indicated in its comments.

CMNT_TITLE

The Committee notes the Government's report for the period ending May 1998 and the information provided in reply to its previous comments. The Committee once again notes the difficulties encountered by the Government in harmonizing the federal and provincial regulations with the provisions of the Convention, particularly with regard to the maximum length of the working day prescribed by Article 2 of the Convention and the determination of the circumstances and limits within which exceptions to normal working hours may be allowed (Article 6). The Committee is bound once again to express the hope that the Government will take the necessary action to ensure the application of these provisions of the Convention and that it will take into account the points raised by the Committee in a request addressed directly to the Government.

CMNT_TITLE

The Committee refers to its observation and asks the Government to provide additional information on the points below.

Federal jurisdiction

The Committee notes the adoption of the new Commercial Vehicles Drivers' Hours of Service Regulations effective as of 1 July 1989, which allow drivers of commercial vehicles to be on duty for up to 15 hours per day and for 60, 70 or 120 hours where the driving schedule is based, respectively, on the period of seven, eight or 14 consecutive days (24 hours of off-duty time must be taken before completing 75 hours on duty).

It also notes that Regulations of 8 May 1973 of the railway-running trains' employees, which provides for their permanent exemption from the Hours of Work Regulations, is still in force. It recalls that this exemption is in conformity neither with Article 2(a) of the Convention, which only allows exemptions for persons holding positions of supervision or management or employed in a confidential post, nor with Article 6, paragraph 1(a), of the Convention which allows permanent exceptions only in respect of persons whose work is essentially intermittent.

The Committee again notes that the Government is considering the possibility of repealing the Atomic Energy of Canada Limited (Cape Breton) Hours of Work Regulations, in accordance with the Committee's suggestion in its previous direct request. As regards the Rabbit Lake uranium workers' regulations on hours of work, 1975, the Committee is bound to point out once again that a working period of 11 hours per day, not including overtime, is incompatible with Article 2(b) of the Convention which allows the daily limit of eight hours to be exceeded by only one hour.

While recognizing that there are cases in which it is difficult to apply the limits fixed in Article 2 and in which arrangements within the meaning of Article 5 could be envisaged, the Committee again asks the Government to examine the above-mentioned situations with a view to imposing a limit on authorized hours of work which is in closer conformity with the provisions of the Convention.

Provincial jurisdiction

Alberta

The Committee notes the information supplied by the Government of Alberta in reply to its previous direct request. It notes, however, that the regulations issued under the Employment Standards Act allow working days of up to 12 hours in certain circumstances, and overtime. It would be grateful if the Government would indicate the measures taken or contemplated to bring the legislation and practice into conformity with the Convention which provides that working hours may not exceed eight in the day and that the number of additional hours (for which the rate of pay shall be not less than one and one-quarter times the regular rate) must be determined after consultation with workers' and employers' organizations.

British Columbia

The Committee takes due note of the indication that the Government is committed to a comprehensive review of the Employment Standards Act and specifically those provisions dealing with hours of work and overtime.

It hopes that in due course the Government will provide information on the results of the review, which was scheduled to begin in 1993, and that the Committee's earlier comments on the application of Articles 2 and 6 of the Convention will be taken into account.

Manitoba

The Committee notes that the Government is not, at present, envisaging any changes to the legislation with respect to restricting hours of work.

The Committee reiterates the hope that the Government will be able to indicate in its next report the measures taken or contemplated to determine, in consultation with employers' and workers' organizations, the circumstances and limits in which exceptions to normal hours of work may be permitted, as provided in Article 6 of the Convention.

New Brunswick

The Committee notes the indication that, within the socio-economic context of the country, many employers and their workers have concluded agreements and arrangements which allow flexibility in working time, and that the Government does not intend to limit weekly and daily hours of work. The Committee is bound to repeat its previous comment that the relevant provisions of the Employment Standards Act and Regulation No. 70/39 issued under the Fair Wages and Hours of Labour Act are incompatible with Articles 2 and 6 of the Convention, and again expresses the hope that the Government will soon take the necessary measures to bring the legislation and practice into conformity with the above-mentioned provisions of the Convention.

Ontario

The Committee notes the information supplied by the Government in answer to its previous comments, concerning workers engaged in logging and food and vegetable processing.

Furthermore, the Committee notes that the Hours of Work Regulation for the categories of workers mentioned in the previous direct request (i.e. local cartage and highway transport drivers, and workers in the road-building, sewer and water-mains sectors). The Committee asks the Government to inform the Office of any new developments regarding the legislation and hopes that the Hours of Work Regulation for the above-mentioned workers will be brought into conformity with Articles 2 and 6 of the Convention, in the light of the Committee's comments.

Quebec

The Committee notes that the Labour Standards Act was amended twice, in December 1990 and July 1992, but that account was not taken of the Committee's request concerning the determination of the maximum number of additional hours, in accordance with Article 6, paragraphs 1(b) and 2 of the Convention. Moreover, the Labour Standards Regulation still fixes the working week at 55 hours for employees working in remote areas or on the James Bay territory.

The Committee notes the statement that Quebec does not intend, for the time being, to amend the Labour Standards Act to bring it into conformity with the provisions of the Convention, in view of the prevailing economic difficulties. According to the report, the daily and weekly hours of work laid down in the Convention are largely observed in the industrial sector. The Committee none the less hopes that the Government will be able to take the necessary measures in the near future to give full effect to the provisions of the Convention on which it has been commenting.

Furthermore, the Committee notes that the new Decree, No. 296-92 of 25 February 1992, respecting garage workers in the Montreal region does not amend section 3.11 of Decree No. 634-80 as requested. It notes, however, that the contracting parties were consulted and have no objection to the section in question being repealed when the Decree is next revised. The Committee hopes that, as the Government has given it to understand, it will be possible for the necessary amendment to be made in 1994.

Saskatchewan

The Committee notes that the Government considers it unnecessary to further legislate additional limits to overtime hours to give effect to Article 6, paragraph 2, of the Convention since, under section 12 of the Labour Standards Act, employees may refuse overtime work in excess of four hours over the standard 40 hours' work per week.

Yukon Territory

The Committee notes the amendment to the Employment Standards Act in 1992, under which employees may refuse, in certain circumstances, to work extra hours.

Notwithstanding this amendment, which appears to be of limited scope in this case, the Committee recalls its previous comments on the determination of additional hours of work in accordance with Article 6 of the Convention.

CMNT_TITLE

The Committee notes the detailed report on the application of the Convention at both federal and provincial level supplied by the Government for the period 1989-92. In the information provided in answer to the Committee's previous observation the Government expresses the opinion that Canada continues to observe the intent of the Convention, although technically there may be divergencies between some of the provisions of the Convention and the Canadian situation. It adds that these divergencies have not given rise to problems or to expression of concern by the workers involved.

As it pointed out in its previous comments, the Committee is aware of the nature of the difficulties encountered by the Government in harmonizing Canadian legislation and practice with the provisions of the Convention, particularly with regard to the maximum length of the working day prescribed by Article 2 of the Convention, and the determination of the circumstances and limits within which exceptions to normal working hours may be allowed, in accordance with Article 6. However, it hopes that the Government will undertake the necessary action in the near future, with the agreement and collaboration of its constituent entities and the occupational organizations, to ensure conformity with the Convention.

Lastly, further to its previous comments on the application of Article 8 of the Convention in Quebec and the requirement that employers must post working schedules, the Committee notes with satisfaction that the Labour Standards Act has been amended to include this requirement.

The Committee is addressing a further direct request to the Government concerning matters still pending.

CMNT_TITLE

The Committee refers to its observation and requests the Government to supply additional information on the following points.

Federal jurisdiction

The Committee notes that the Motor Vehicle Transport Act, 1987, still provides that motor vehicle operators may be employed up to 15 hours during any work shift, of which up to 10 hours' driving, 60 hours during any period of seven consecutive days and 70 hours in any period of eight consecutive days. It also notes that specific systems had to be developed in respect of working hours and rest periods for the various types of transport because of the vast distances to be covered.

The Committee also notes that the exemption provided for by the Regulations of 8 May 1973 of the railway-running trades employees from application of the provisions of the Hours of Work Regulations is still in force. It recalls that this exemption is not in conformity with the Convention which does not permit exclusion or permanent exceptions except as regards persons holding positions of supervision or management or employed in a confidential post (Article 2(a) of the Convention) or those whose work is essentially intermittent (Article 6(1)(a)).

The Committee observes that the Atomic Energy of Canada Limited (Cape Breton) Hours of Work Regulations are no longer enforced since the company is no more in operation; it suggests to the Government to consider repealing those regulations in order to clarify the legal situation. As regards the Rabbit Lake Uranium Workers Regulations on Hours of Work, 1975, the Committee notes the explanation provided by the Government but it recalls that the possibility, in particular, of working up to 11 hours daily independently of overtime is incompatible with Article 2(b) which provides that in no case shall the daily limit of eight hours be exceeded by more than one hour.

The Committee recognises that there are cases in which it is difficult to apply the limits fixed in Article 2 and considers that in such cases arrangements in accordance with Article 5 could be envisaged. The Committee requests the Government to examine the above situations with a view to fixing a stricter limitation of the authorised hours of work.

Provincial jurisdiction

Alberta

The Committee takes note of the explanation provided by the Government relating to the application of Article 2 of the Convention. It also observes that the Employment Standards Code, 1988, does not determine the circumstances and limits in which exceptions to normal hours of work may be permitted as provided for under Article 6. It hopes that the regulation referred to under section 34(2) of the Code will be made after consultation with employers' and workers' organisations concerned (Article 6, paragraph 2) and that it will determine the above circumstances and limits.

British Columbia

The Committee has noted the information provided by the Government concerning Article 2 of the Convention. It notes, however, that the Employment Standards Act still does not determine, in accordance with Article 6, the circumstances and limits in which exceptions to normal hours of work may be authorised. Regulations in this respect should be taken in consultation with employers' and workers' organisations concerned. The Committee hopes that the Government will be able to re-examine the situation in the light of the above.

Manitoba

The Committee has taken note of the views expressed by the Government, that there are no indications at the present time that changes to the legislation are planned to give effect to the provisions of the Convention. It recalls that the Employment Standards Act puts no restriction on the number of overtime hours that may be worked in general and that the standard hours of work in the heavy construction industry were reduced from 54 to 50 hours per week but that there is still no limit as to the number of overtime hours in that industry. The Committee reiterates the hope that the Government will be able to indicate in its next report the measures taken or contemplated to determine, in consultation with employers' and workers' organisations, the circumstances and limits in which exceptions to normal hours of work may be permitted as provided for under Article 6 of the Convention.

New Brunswick

The Committee notes that no legislation or regulation changes have been implemented in the Province and that the Minimum Wage and Employment Standards Board is examining the issues previously raised under Articles 2 and 6 of the Convention with a view to considering proposals to bring present requirements in closer conformity with the Convention. It recalls that Regulation No. 70/39 issued under the Fair Wages and Hours of Labour Act and relating to public works undertakings, does not limit daily work to eight hours nor does it provide for the payment of overtime except for those worked in excess of 50 hours per week. The Committee again reiterates the hope that the Government will take the necessary measures to bring the legislation into conformity with the provisions of Articles 2 and 6. The Committee also recalls that the Employment Standards Act puts no limit on the number of hours an employee may work during a daily, weekly or monthly period and that the Lieutenant-Governor in Council may by regulation prescribe the maximum number of hours to be applied to the different categories of employees. It observes that this provision is incompatible with Article 2 which provides that working hours shall not exceed eight in the day and 48 in the week and with Article 6(2) which prescribes that regulations made by public authority shall fix in consultation with employers' and workers' organisations the maximum number of additional hours which may be worked. The Committee hopes that the Government will soon consider taking the required issues in the light of the above.

Ontario

The Committee notes that a Task Force on Hours of Work and Overtime has been established and submitted in May 1987 and April 1988 two reports to the Minister of Labour. It observes with interest that the principal recommendations contained in the first report are that the standard work-week after which an overtime premium is payable should be reduced from 44 hours to 40 hours and that the mandatory overtime premium rate should remain at time-and-one-half the regular rate of pay, but apply after the new standard work-week of 40 hours. Moreover, overtime would be voluntary after eight hours per day and 40 hours per week, instead of the current eight per day and 48 per week. The Committee also observes that the second report of the Task Force focuses on categories of workers included in its previous comments such as construction workers, truck drivers, local cartage and highway transport drivers, and workers in the road building, sewer and water main sectors. The Committee firstly recalls that neither reports seem to mention workers engaged in the logging and food and vegetable processing. Secondly it notes as regards local cartage and highway transport drivers as well as workers engaged in the road building and sewer and water main sectors that the standard working week is fixed at 50 hours.

The Committee reiterates the hope the the Government will take the necessary measures to bring down the normal weekly working hours to 48 for all workers including those engaged in the logging and food and vegetable processing, as provided for under Article 2 of the Convention and to determine, in consultation with employers' and workers' organisations, the circumstances and limits of exceptions to normal hours of work so as to give full effect to Article 6.

Quebec

The Committee notes the information supplied by the Government to the effect that no new measures have been taken to fix the maximum length of the working day and working week by the Government of the Province of Quebec.

In its previous comments, the Committee noted that the Act respecting labour standards fixed the standard working week at 44 hours but did not set out a maximum for overtime hours, as required in Article 6(1)(b) and (2) of the Convention. It once again hopes that the necessary measures will be taken to give effect to these requirements. The Committee also noted that Decree No. 634-80 respecting garage employees in the Montreal region reduced the maximum hours of work in a week, including overtime, from 72 to 66 hours of attendance. Consequently, for tradesmen, apprentices and parts clerks, whose normal working week is set at 42.5 hours, overtime could reach up to 23.5 hours and for other occupations whose normal week is set at 45 hours, overtime could reach up to 21 hours. The Committee considers that this goes far beyond the number of overtime hours authorised under Article 6(1)(b) and (2) which, moreover, requires that the maximum overtime hours should be fixed in advance for each case.

The Committee also observed that for employees working in a remote area or on the James Bay, the standard working week was fixed at 55 hours. Considering that this is incompatible with Article 2, which provides that working hours shall not exceed eight hours a day and 48 in the week, the Committee hopes that it will be possible for the Government to re-examine the situation in the light of this requirement of the Convention.

Finally, the Committee noted that the Act respecting labour standards contained no provisions requiring the posting of notices concerning hours of work, shifts and rest intervals and, as the Government states in its report, such posting was not compulsory. It hopes that the Government will take the necessary measures to give effect to Article 8(1)(a) in all industrial enterprises.

Saskatchewan

The Committee notes that under section 12 of the Employment Standard Act an employee may refuse overtime work in excess of four hours over the standard 40 hours' work in a week, i.e. over a maximum of 44 hours, and consequently that the Government considers it unnecessary to fix a limit to additional hours.

The Committee recalls that fixing a limit to the additional hours of work, as provided for under Article 6, paragraph 2, of the Convention, is a protection against excess in the number of overtime work that may be required and prevents misunderstandings in the relations between employers and employees. It hopes that the Government will soon be in a position to give effect to this requirement.

Yukon territory

The Committee notes that the new Employment Standards Act does not fix a limit to overtime work as provided for under Article 6, paragraph 2, of the Convention, except when the Director of Employment Standards considers additional hours to be detrimental to the employer's health or safety.

Recognising that the seasonal nature of jobs and the local working conditions make it difficult to impose a limit to additional hours of work, the Committee nevertheless considers that a 40-hour week supplemented by a fixed limit of say 13 to 15 hours of overtime would be in conformity with the requirements of the Convention.

The Committee hopes that it would be possible for the Government to determine, in consultation with employers' and workers' organisations concerned, the circumstances and limits in which exceptions to normal hours of work may be permitted.

CMNT_TITLE

The Committee notes the Government's report for the period 1984-1988. The information provided shows the absence of real progress in the implementation of the Convention, particularly at the level of the Provinces, and as regards the determination of the circumstances and limits within which exceptions to the normal hours of work may be allowed, in accordance with Article 6 of the Convention. These matters have been the subject of the Committee's repeated comments for many years, and a new request is being addressed directly to the Government. Without underestimating the nature and type of difficulties encountered in harmonising the legislation of Canada with the provisions of the Convention, the Committee trusts that the Government will take the necessary action in the near future, with the agreement and collaboration of its constituent entities and occupational organisations, to ensure that the legislation on working hours throughout Canada is in conformity with the Convention.