Canada: Labour and Employment

1. accident occurs, urgent work is necessary to plant or machinery or other unforeseeable or unpreventable circumstances
2. Director issues permit authorizing extended hours of work

If hours of work to be extended, must be increased only to extent necessary "to avoid serious interference with the ordinary working of a business, undertaking or other activity":16(2)

Every employer must notify employees of time work starts and ends by posting notices visible to employees or by other reasonable method : 17(1). Employer must not require employee to change from one shift to another without at least 24 hours' written notice and 8 hours of rest between shifts: 17(2)

1. accident occurs, urgent work is necessary or other unforeseeable or unpreventable circumstances occur
2. different rest provisions agreed to pursuant to collective agreement, or
3. it is not reasonable for employee to take a rest period.

At least 19(1):

1. 1 day of rest in each work week,
2. 2 consecutive days of rest in each period of 2 consecutive work weeks,
3. 3 consecutive days of rest in each period of 3 consecutive work weeks, or
4. 4 consecutive days of rest in each period of 4 consecutive work weeks,

At least 4 consecutive days of rest after each 24 consecutive work days 19(2).

Employer may allow or require employee to work compressed work week, fewer work days with more hours of work at the employee's regular wage: 20(1). Compressed work week must be scheduled in advance and schedule must meet the following requirements:

1. if compressed work week is part of a cycle, schedule must show all work weeks that make up that cycle;
2. maximum hours of work employee may be scheduled to work in a work day is 12 hours;
3. maximum hours of work employee may be scheduled to work in a compressed work week is 44 hours;
4. if compressed work week is part of a cycle, (c) does not apply and maximum average weekly hours of work an employee may be scheduled to work in the weeks that are part of the cycle is 44 hours.

1. time off with pay at employee's regular wage instead of overtime, taken during time the employee could have worked;
2. If no time off with pay is provided, employer will pay at least 1.5 times the employee's wage rate for the overtime worked
3. time off with pay will be taken and paid within 3 months of end of pay period it was earned unless:
   
   
   1. the agreement is part of a collective agreement which provides for longer period within which to take time off with pay
   2. the Director issues a permit authorizing an agreement that allows a longer period within which to take time off with pay
4. no amendment or termination of the agreement without at least 1 month's written notice by one party to the other.

If employee is paid wholly on commission or incentive, employee's wage rate for calculating overtime is the minimum wage prescribed by regulation: 24(1).

If employee is paid partly by salary and partly by commission or incentive, the employee's wage rate for calculating overtime: 24(2)

1. is based on salary component of the wages if greater than minimum wage
2. is deemed to be the minimum wage if salary component is equal to or less than minimum wage

Certain types of jobs are specifically exempted from the overtime provisions by way of regulation. For example, a person whose work is supervisory or managerial in character, is an extra in a film, or person employed as counsellor at non-profit or charitable camp for children. See AR 14/97¹ s 2 for full exemptions.

1. Servers/bartenders, rate is $9.05 per hour;
2. Direct sales, automobile and machinery sales, residential home, construction and equipment sales; and
3. Homeworkers

Certain jobs are also exempt from minimum wage requirements: i.e. registered architects, accountants, lawyers, regulated permit-holding health care practitioners. See AR 14/97 s 2(2) for full exemptions.

1. deployment to a Canadian Forces operation outside Canada;
2. deployment to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath; or
3. subject to regulations, annual training, including related travel time, for amount up to 20 days per calendar year
4. operation or activity set out in regulations under subsection (7)

Employee must provide 4 weeks' written notice including the estimated date of resuming work or the actual date of resuming work: 53.2(4).

COMPASSIONATE CARE - if employed for 52 weeks, up to 8 weeks to provide care or support to a seriously ill family member (a spouse, parent, step-parent, foster parent, child, step-child, foster child ) if the employee is the primary caregiver and a qualified physician provides a certificate stating that the family member has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or shorter: 53.9(2) and (3). Employee must provide 2 weeks' written notice to employer unless shorter period is necessary 53.9(4)

Employee can take up to 2 compassionate care periods up to 8 weeks in total, but the second period of leave must end no later than 26 weeks after the first period of leave began 53.9(6). No period of leave may be less than one week's duration 53.9(7).

1. one week, if employed more than 3 months but less than 2 years,
2. 2 weeks, if employed 2 years or more, but less than 4 years,
3. 4 weeks, if employed 4 years or more , but less than 6 years,
4. 5 weeks, if employed 6 years or more, but less than 8 years,
5. 6 weeks, if employed 8 years or more, but less than 10 years,
6. 8 weeks, if employed 10 years or more.

Instead of termination notice, employer may pay employee termination pay of the amount equal to wages if employee worked during the notice period 57(1). Or give a combination of termination notice and termination pay 57(2). If wages vary, the average wages for the 3 month period preceding termination date is used to determine termination pay 57(3).

Employee must give written notice to terminate employment of at least 1 week, if employed more than 3 months but less than 2 years, or 2 weeks if employed 2 years or more 58(1). Subject to exceptions, such as established industry practice for employment termination, for personal health reasons, or the contract of employment has become impossible to perform, exceptions outlined in 58(2).

TEMPORARY LAYOFF - employer may temporarily lay off the employee, but must pay the employee termination pay on the 60^th consecutive day of temporary layoff: 62, 63(1). This does not apply if:

1. By agreement between the employer and employee, after the layoff the employer pays wages or an amount in lieu, and termination pay is due when the agreement ends
2. Employer pays into a pension or employment insurance plan for the benefit of the employee, and termination pay is due when the payments stop
3. A collective agreement exists with recall rights for employees following layoff, and termination pay is due when the recall rights expire.

If employee fails to return within 7 consecutive days of being requested in writing by the employer, the employee is not entitled to termination notice or termination pay if the employer terminates employment: 64(1), subject to collective agreement with recall rights 64(2).

1. a salesperson who is entitled to receive all or any part of his or her remuneration as commissions in respect of offers to purchase or sales that, (i) relate to goods or services, and (ii) are normally made away from the employer's place of business.
2. a real estate broker
3. salesman registered under the Securities Act
4. insurance agent
5. extra in a film or video production

There are special rules/exemptions for farm or ranch employees AR 14/97 1.1