Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

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 The Committee notes the amendment of the Employment Standards Act which, inter alia, has repealed section 43 of the Act and also notes its corresponding regulation.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.