East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985 (C.R.C., c. 987)

Short Title

1 These Regulations may be cited as the East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985.

Interpretation

2 In these Regulations,

Act

Act means the Canada Labour Code; (Loi)

East Coast or Great Lakes Port

East Coast or Great Lakes Port means any port in Canada east of the 96th parallel of longitude; (Port de la côte est ou des Grands Lacs)

East Coast Port

East Coast Port[Revoked, SOR/86-257, s. 3]

employee

employee means a person employed on board a ship described in section 3; (employé)

lay-day

lay-day means a day off work with pay to which an employee becomes entitled by working on board a ship for a number of days. (jour de relâche)

Modifications

3 The provisions of section 169 of the Act are modified to the extent set out in these Regulations for the purpose of the application of Division I of Part III of the Act to any class of employees employed on a ship that is operated by an undertaking or a business that comes within the legislative authority of Parliament and that is engaged in shipping from any East Coast or Great Lakes Port.

Hours of Work

• 4 (1) Except as otherwise provided in these Regulations, the standard hours of work of an employee shall not exceed eight hours in a day and 40 hours in a week.

• (2) The hours worked in a week need not be scheduled and actually worked in order that each employee has at least one full day of rest in the week and Sunday need not be the normal day of rest in a week.

Maximum Hours

5 An employee is exempt from the application of section 171 of the Act.

Modified Work Schedule

• 6 (1) Subject to subsections (2) and (3), on the application of an employer or an employers' organization, the Head of Compliance and Enforcement, subject to such conditions as he may impose, may authorize the alteration of the standard hours of work for any period specified by him.

• (2) No authorization referred to in subsection (1) shall be made unless the applicant has satisfied the Head of Compliance and Enforcement that it is justified by reason of the operational requirements of the undertaking and, in the opinion of the Head of Compliance and Enforcement, is not detrimental to the welfare of the employees.

• (3) An authorization referred to in subsection (1) shall not authorize hours of work exceeding 40 hours in a week on an average for any period specified in the authorization.

Averaging

• 7 (1) Where the nature of the work necessitates irregular distribution of hours of work of any class of employees, with the result that the employees within that class have no regularly scheduled daily or weekly hours of work, the hours of work in a day and the hours of work in a week of an employee may be calculated as an average for a period not exceeding 13 consecutive weeks.

• (2) The standard hours of work (being the hours for which the regular rate of pay may be paid) of an employee within a class shall be 520 hours where the averaging period is 13 weeks or where the averaging period selected by the employer is less than 13 weeks, the number of hours that equals the product obtained by multiplying the number of weeks so selected by 40.

• (3) Where an employer adopts an averaging period under this section, he shall forthwith notify the Head of Compliance and Enforcement indicating the class and the number of employees to which it applies and the period for which he is averaging.

General

8 In any week for which an employee is granted a general holiday or other holiday with pay, on which he does not work, or an annual vacation, the number of standard hours shall be reduced by eight hours for every such general holiday or other holiday or day of annual vacation but not more than 40 hours shall be deducted for any full week of annual vacation.

9 Where, during an averaging period established under section 7, an employee within a class is granted a general holiday or other holiday with pay, on which he does not work, or an annual vacation, the number of standard hours shall be reduced by eight hours for every such general holiday or other holiday or day of annual vacation but not more than 40 hours shall be deducted for any full week of annual vacation.

10 For any seven consecutive days during an averaging period established under section 7 in respect of which an employee within a class is not entitled to his regular remuneration, earnings or salary, the number of standard hours shall be reduced by 40 hours for every seven consecutive days.

• 11 (1) Where an employee terminates his employment of his own accord during an averaging period established under section 7 or before the end of a period specified in an authorization made under section 6, he shall be paid at his regular rate of wages for all hours worked during that period.

• (2) Where an employee's employment is terminated by his employer during an averaging period established under section 7 or before the end of a period specified in an authorization made under section 6, the employee shall be paid overtime pay at a rate of wages not less than one and one-half times his regular rate of wages for any hours worked in excess of 40 times the number of weeks in which he worked in that period.

Lay-day Plan

• 12 (1) An employer may adopt a lay-day plan for employment on board a ship.

• (2) Where an employer adopts a lay-day plan, he shall notify the Head of Compliance and Enforcement of the commencement of the plan.

• (3) Subsection 4(1) and section 8 shall not apply to an employee employed under a lay-day plan.

Standard Hours of Work for Lay-day Plan

13 Where an employee is entitled to not less than 1.13 lay-days for each day the employee is on board a ship, the standard working hours of the employee may exceed eight hours in a day and 40 hours in a week but shall not exceed 12 hours in a day.

14 Where an employee is entitled to not less than 0.4 of a lay-day for each day the employee is on board a ship, the standard working hours of the employee may exceed 40 hours in a week but shall not exceed eight hours in a day.

Granting of Lay-days

15 Subject to section 16, no employee shall be permitted to accumulate more than 45 lay-days.

16 Where it is established to the satisfaction of the Head of Compliance and Enforcement that during any period as a result of exceptional circumstances an accumulation of more than 45 lay-days is reasonable, the Head of Compliance and Enforcement may by permit authorize an accumulation of more than 45 lay-days during the period set out in the permit.