Canada Labour Code

Marginal note:Maximum hours of work

• 172 (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

  • (a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

  • (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

• Marginal note:Idem

  (2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

  • (a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

  • (b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

• Marginal note:Posting of notice

  (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.