Transport of goods3The following employees in the road transportation sector who operate a motor vehicle that is used to transport goods and that has a gross combination weight rating in excess of 4 500 kg are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act:(a)city motor vehicle operators, as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations; and(b)highway motor vehicle operators, as defined in section 2 of those Regulations.

Transport of mail or parcels4(1)The following employees in the postal and courier sector who operate a motor vehicle that is used to transport mail or parcels are exempt from the application of section 173.1 of the Act:(a)city motor vehicle operators, as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations; and(b)highway motor vehicle operators, as defined in section 2 of those Regulations.Modification — subsection 169.1(1) of the Act(2)With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant this break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

Employees of long-shoring operations11(1)Dockworkers, longshore persons, shiploader operators, stevedores, barge loaders, boat loaders, dock hands, dockpersons, lumpers, checkers, planners, tower loader operators, wharfpersons, tanker loaders, machinery operators, stowers, tradespersons, marine agents, dispatchers and mechanics who are employed in long-shoring operations are exempt from the application of sections 173.01 and 173.1 of the Act.Modifications — subsection 169.1(1) and section 169.2 of the Act(2)With respect to employees referred to in subsection (1),(a)subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

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

Rest period169.2(1)Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours during each 24-hour period in which they work a work period or shift.

(c)subsection 169.2(2) of the English version of the Act is modified as follows: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 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.SOR/2023-180, s. 1(F)

Supervisors in long-shoring operations12(1)Forepersons, foreperson checkers, walking bosses, head checkers and terminal planners who are employed in long-shoring operations are exempt from the application of sections 169.2, 173.01 and 173.1 of the Act.Modification — subsection 169.1(1) of the Act(2)With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

Employees on board vessel13(1)The following employees who are employed on board a vessel are exempt from the application of sections 173.01 and 173.1 of the Act:(a)masters;(b)deck officers;(c)engineering officers;(d)radio operators;(e)electrotechnical officers; and(f)ratings.Modifications — subsection 169.1(1) and section 169.2 of the Act(2)With respect to employees referred to in subsection (1),(a)subsection 169.1(1) of the Act is modified as follows:

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

Rest period169.2(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.

(c)subsection 169.2(2) of the English version of the Act is modified as follows: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.SOR/2023-180, s. 2(F)

Operations controllers14With respect to operations controllers who are engaged in dispatching marine traffic or in bridge, lock and weir operations, subsection 169.1(1) of the Act is modified as follows:

Marine pilots15(1)Marine pilots who are employed in a compulsory pilotage area are exempt from the application of section 169.1 of the Act.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:

(b)subsection 169.2(2) of the English version of the Act is modified as follows: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.SOR/2023-180, s. 3(F)

Marine pilot boat personnel16With respect to launch masters, pilot boat captains, marine engineers and deckhands employed in marine pilotage services,(a)subsection 169.1(1) of the Act is modified as follows:

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

(c)subsection 169.2(2) of the English version of the Act is modified as follows: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.SOR/2023-180, s. 4(F)

Dispatchers17With respect to dispatchers who are engaged in the assignment of marine pilots, launch masters, marine engineers and deckhands, subsection 169.1(1) of the Act is modified as follows:

Technicians — installation, maintenance or repair30With respect to technicians who install, maintain or repair telecommunications networks or equipment and who are employed in the telecommunications sector, subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

SOR/2023-180, s. 5

Producers, technicians and journalists — live broadcast31(1)Producers, technicians and journalists who are working in the production of events that are broadcast live and who are employed in the broadcasting sector are exempt from the application of section 173.1 of the Act.Modifications — subsection 169.1(1) and section 169.2 of the Act(2)With respect to employees referred to in subsection (1),(a)subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

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

Rest period169.2(1)Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours during each 24-hour period in which they work a work period or shift.

Yard service employees34(1)The following yard service employees are exempt from the application of section 173.1 of the Act:(a)locomotive engineers;(b)conductors;(c)brakepersons;(d)yardmasters and trainmasters;(e)assistant yardmasters and assistant trainmasters;(f)hostlers and locomotive attendants;(g)yardpersons;(h)switch tenders; and(i)car retarder operators.Modification — subsection 169.1(1) of the Act(2)With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 10 minutes, but for each period of less than 15 minutes granted, another period of at least 20 minutes shall be granted. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

SOR/2023-180, s. 5

Maintenance of way employees36(1)Maintenance of way employees are exempt from the application of section 173.1 of the Act.Modifications — subsection 169.1(1) and section 169.2 of the Act(2)With respect to employees referred to in subsection (1),(a)subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 10 minutes, but for each period of less than 15 minutes granted, another period of at least 20 minutes shall be granted. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

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

Rest period169.2(1)Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours during each 24-hour period in which they work a work period or shift.

Rail traffic controllers37(1)Rail traffic controllers are exempt from the application of section 173.1 of the Act.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:

Rest period169.2(1)Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours 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: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 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.SOR/2023-180, s. 5

Railway police officers38(1)Railway police officers are exempt from the application of section 173.1 of the Act.Modifications — subsection 169.1(1) and section 169.2 of the Act(2)With respect to employees referred to in subsection (1),(a)subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 10 minutes, but for each period of less than 15 minutes granted, another period of at least 20 minutes shall be granted. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

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

Rest period169.2(1)Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours during each 24-hour period in which they work a work period or shift.

Signals and communications equipment maintenance employees39(1)Signals and communications equipment maintenance employees are exempt from the application of section 173.1 of the Act.Modification — subsection 169.1(1) of the Act(2)With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 10 minutes, but for each period of less than 15 minutes granted, another period of at least 20 minutes shall be granted. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

SOR/2023-180, s. 5

Service employees40(1)Service employees who are employed on board passenger trains are exempt from section 173.1 of the Act.Modification — subsection 169.1(1) of the Act(2)With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

Modification — section 169.2 of the Act(3)With respect to service employees who are employed on board passenger trains for longer than 24 consecutive hours,(a)subsection 169.2(1) of the Act is modified as follows:

Other on-board crew members47(1)Pursers, flight attendants, alternative on-board crew members in business aviation and loadmasters are exempt from the application of section 173.1 of the Act.Modification — subsection 169.1(1) of the Act(2)With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

SOR/2023-180, s. 6

Flight dispatchers and flight followers48(1)Flight dispatchers and flight followers are exempt from the application of section 173.1 of the Act.Modification — subsection 169.1(1) of the Act(2)With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

SOR/2023-180, s. 6

Flight service specialists50(1)Flight service specialists are exempt from the application of section 173.1 of the Act.Modification — subsection 169.1(1) of the Act(2)With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows:

Break169.1(1)Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant the break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.

SOR/2023-180, s. 6

Technologists in air navigation services51(1)Technologists working in air navigation services are exempt from the application of section 173.1 of the Act.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:

Rest period169.2(1)Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours 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: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 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.SOR/2023-180, s. 6