Exemptions from and Modifications to Hours of Work Provisions Regulations

Marginal note:Marine pilots

• 15 (1) Marine pilots who are employed in a compulsory pilotage area are exempt from the application of section 169.1 of the Act.

• Marginal note:Modification — section 169.2 of the Act

  (2) With respect to employees referred to in subsection (1),

  • (a) subsection 169.2(1) of the Act is modified as follows:

    Marginal note:Rest period

    • 169.2 (1) Every employee is entitled to and shall be granted a rest period of at least eight hours, with at least six of those hours being consecutive, during each 24-hour period in which they work a work period or shift.

  • (b) subsection 169.2(2) of the English version of the Act is modified as follows:

    • Marginal note:Exception

      (2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts, which would result in them having a rest period of fewer than eight hours in total or fewer than six consecutive hours during each 24-hour period in which they work a work period or shift, if it is necessary for the employee to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious

      • (a) threat to the life, health or safety of any person;

      • (b) threat of damage to or loss of property; or

      • (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.