West Coast Shipping Employees Hours of Work Regulations (C.R.C., c. 992)

Short Title

1 These Regulations may be cited as the West Coast Shipping Employees Hours of Work Regulations.

Interpretation

2 In these Regulations,

Act

Act means Part III of the Canada Labour Code; (Loi)

employee

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

employer

employer means a person who employs one or more employees; (employeur)

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)

Modification

3 The provisions of sections 169 and 171 of the Act are modified to the extent set out in these Regulations for the purpose of the application of Division I of the Act to any classes 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 port in the Province of British Columbia.

Standard Hours of Work

• 4 (1) Subject to these Regulations, where an employee is entitled to not less than 1.13 lay-days for each day he is on board a ship and works 12 hours, the 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 and his employer shall not cause or permit him to work longer hours than 12 hours in any day.

• (2) Subject to these Regulations, where an employee is entitled to not less than 0.4 of a lay-day for each day he is on board a ship and works eight hours, the working hours of the employee may exceed 40 hours in a week but shall not exceed eight hours in a day and his employer shall not cause or permit him to work longer hours than eight hours in any day.

• (3) Subject to subsection (4), no employee referred to in subsections (1) and (2) shall be permitted to accumulate more than 45 lay-days.

• (4) 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.

Overtime

• 5 (1) Subject to section 6, an employee may be employed in excess of the hours of work described in subsections 4(1) and (2) but, except as provided in section 177 of the Act, the total number of hours overtime that may be worked by any employee in any period of seven consecutive working days shall not exceed

  • (a) 18 hours overtime, where his hours of work are as described in subsection 4(1); or

  • (b) 12 hours overtime, where his hours of work are as described in subsection 4(2).

• (2) Where an employee whose maximum hours overtime are prescribed by paragraph (1)(a) or (b) works a number of consecutive working days that is greater or less than seven, the maximum number of hours overtime that may be worked by that employee during those consecutive working days shall bear the same proportion to the number of hours prescribed in paragraph (1)(a) or (b), whichever is applicable, that the number of consecutive working days bears to seven.

6 Where, in any working day during a period of seven consecutive working days, an employee is relieved of his duty to work when he would usually be working as a result of the loading or unloading of the ship on which he is employed and his daily working hours are thereby reduced, the total number of hours overtime that the employee may work in that period shall be increased by the number of hours by which his daily working hours are so reduced.

Section 173 of Act Does Not Apply

7 For the purposes of these Regulations, hours of work may be scheduled and actually worked without regard to section 173 of the Act.