Canadian Hours-of-Work Requirements Vary in the Federal and Private Sectors

The Canada Labor Code, a guideline of rights and responsibilities in federally regulated workplaces, introduced amendments in August 2023 that will exempt employees in the banking, telecommunications and broadcasting, and rail and airline sectors from specific hours-of-work requirements. Most other workers, however, are protected by provincial laws on such mandates, placing caps on the number of hours employees may be required to work. These protections vary widely from province to province.

Legal experts say some of the 2019 changes to the Canada Labor Code—including entitlements to employees for unpaid breaks, rest periods and to give written notice of shift changes—are difficult to uphold for workforces that operate shifts 24 hours a day, seven days a week.

“It’s hard to impose flexible working for all workplaces,” said Gayle Wadden, chief legal officer and co-founder of Compliance Works Inc. in Toronto. “For railways, airlines and the telecommunications industries, these rules don’t work. Some sectors require a different kind of commitment.”

These amendments took effect Jan. 4 for rail transportation, banking, and telecommunications and broadcasting employees and will take effect on June 4 for air transportation employees.

Approximately 10 percent of the Canadian workforce is governed by federal laws like the Canada Labor Code, according to the Canadian government.

“Federally regulated employees have the right to request flexible work arrangements,” said Andrew Monkhouse, an attorney with Monkhouse Law in Toronto. “The employer is not required to accept the request but must provide an answer in writing.”

Work Hours in Ontario, British Columbia and Quebec

A majority of workers in Canada—more than 90 percent—are protected by the employment laws of their province or territory, according to the Canadian Center for Occupational Health and Safety. Each province has its own legislation regarding the maximum number of hours employees can work before overtime and comp time kick in.

Under Ontario’s Employment Standards Act, the maximum work hours in the province with Canada’s largest workforce are eight hours per day and 48 hours per week. In the absence of an electronic or written agreement, an employer in Ontario cannot require an employee to work more than eight hours per day and 48 hours per week, Monkhouse stated.

Ontario-based employers may require more than the maximum hours in exceptional circumstances, such as dealing with emergencies, ensuring continued delivery of essential public services to avoid interruptions and handling urgent repairs, Wadden said.

According to British Columbia’s (B.C.’s) Employment Standards Act, the maximum work hours in Canada’s west coast province are eight hours per day and 40 hours per week. Workers in B.C. must have eight hours of rest between shifts, along with 32 consecutive hours free of work each week, said Cissy Pau, principal consultant at Clear HR Consulting in Vancouver.

B.C. employees working a split shift must complete their shift within 12 hours of starting work, Wadden added.

Employers in B.C. cannot require an employee to work excessive hours, but they may apply to the Employment Standards Branch for a variance from split shifts and maximum hours of work, Wadden said.

“Employees can’t work excessive hours if it will put their health at risk,” Pau said. “B.C.’s legislation is in place to protect employees.”

In French-speaking Quebec, Monkhouse said an employee may refuse to work a shift if they are not informed at least five days in advance, unless short-notice scheduling is a part of the employee’s job.

Hours of Work in Other Canadian Provinces

In Alberta, employees can work a maximum 12 consecutive hours per day, Wadden noted.

Employers in Alberta may require employees to work more than their maximum hours when
an accident occurs, to perform urgent tasks to a plant or machinery, or when other unforeseeable or unpreventable circumstances take place.

Employers, employer associations or groups of employers may apply to Alberta’s Employment Standards for an exemption from all or part of the maximum hour requirements. But this provision does not apply if different hours-of-work provisions are agreed under a collective agreement, Wadden explained.

Employees in Saskatchewan—Canada’s agricultural heartland—can work shorter weeks, Wadden said. The province’s standard hours are 40 hours per week: either eight hours per day for five days a week, or 10 hours per day for four days a week.

An employer must get the employee’s consent to work more than 44 hours in a week, according to the Saskatchewan Employment Act. The employee cannot be disciplined for refusing unless there is an emergency.

In Manitoba, New Brunswick, Newfoundland and Labrador, and Nova Scotia, the standard hours of work have no limit, Monkhouse said.

Employers in all Canadian provinces must be mindful of the maximum number of hours worked in a week, Wadden noted.

HR Strives to Find the Balance

Human resource departments play a key role in supporting a work/life balance, Wadden stated. HR also has an obligation to know legal workplace requirements in their province and to communicate that to employees.

“HR monitors the pulse of an organization,” Pau added. “They hear what employees are asking about flexibility, and then they figure out how to incorporate those requests into the company’s strategy.”  

Flexible work arrangements and remote work have become more common in the 2020s, Monkhouse concluded. “Employees and employers are trying to find a new balance to maintain a connection to the workplace while allowing employees to perform more of their work remotely.”

Catherine Skrzypinski is a freelance writer based in Vancouver, B.C.