Motor Vehicle Operators Hours of Work Regulations (C.R.C., c. 990)

Short Title

1 These Regulations may be cited as the Motor Vehicle Operators Hours of Work Regulations.

Interpretation

2 In these Regulations,

Act

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

bus operator

bus operator means a motor vehicle operator who operates a bus; (conducteur d'autobus)

city motor vehicle operator

city motor vehicle operator means a motor vehicle operator who operates exclusively within a 10-mile radius of his home terminal and is not a bus operator and includes any motor vehicle operator who is classified as a city motor vehicle operator in a collective agreement entered into between his employer and a trade union acting on his behalf or who is not classified in any such agreement but is considered to be a city motor vehicle operator according to the prevailing industry practice in the geographical area where he is employed; (conducteur urbain de véhicule automobile)

employer

employer means a person who operates an industrial establishment described in section 3; (employeur)

highway motor vehicle operator

highway motor vehicle operator means a motor vehicle operator who is not a bus operator or a city motor vehicle operator; (conducteur routier de véhicule automobile)

motor vehicle

motor vehicle means any vehicle that is operated by an employee and is propelled otherwise than by muscular power but does not include any vehicle designed for running on rails; (véhicule automobile)

motor vehicle operator

motor vehicle operator means a person who operates a motor vehicle; (conducteur de véhicule automobile)

standard hours of work

standard hours of work, in respect of any class of motor vehicle operator for which hours of work are described in these Regulations, means the hours of work so described; (durée normale du travail)

working hours

working hours means all hours from the time that a motor vehicle operator begins his work shift as required by his employer until the time he is relieved of his job responsibilities but does not include any time

• (a) during a work shift when he is relieved of his job responsibilities by his employer for authorized meals and rest while en route,

• (b) spent during stops en route due to illness or fatigue,

• (c) resting en route as one of two operators of a motor vehicle that is fitted with a sleeper berth, or

• (d) resting while en route in a motel, hotel or other similar regular place of rest where sleeping accommodation is provided. (durée du travail)

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 the following classes of employees:

• (a) bus operators,

• (b) city motor vehicle operators, and

• (c) highway motor vehicle operators

who are employed upon or in connection with the operation of any industrial establishment engaged in

• (d) the transportation of goods or passengers by motor vehicle from any point within a province to any point outside that province, or

• (e) the transportation of mail anywhere in Canada.

General

• 4 (1) Subject to these Regulations and the Commercial Vehicles Drivers Hours of Service Regulations, employees of the classes specified in section 3 may be employed in excess of the standard hours of work, and the total hours that may be worked by any such employees may exceed 48 hours in a week.

• (2) Employees of the classes specified in paragraphs 3(b) and (c) are exempted from the application of subsection 169(2) of the Act.

City Motor Vehicle Operators

• 5 (1) Subject to subsection (2) and section 8, the standard hours of work of a city motor vehicle operator may exceed 8 hours in a day and 40 hours in a week but shall not exceed 9 hours in a day and 45 hours in a week, and no employer shall cause or permit a city motor vehicle operator to work longer hours than 9 hours in a day or 45 hours in a week.

• (2) In a week in which a general holiday occurs that, under Division V of the Act, entitles a city motor vehicle operator to a holiday with pay in that week, the standard hours of work of the city motor vehicle operator in that week may exceed 32 hours but shall not exceed 36 hours, but, for the purposes of this subsection, in calculating the time worked by a city motor vehicle operator in any such week, no account shall be taken of any time worked by the operator on the holiday or of any time during which the operator was at the disposal of the employer during the holiday.

Highway Motor Vehicle Operator

• 6 (1) Subject to this section and section 8, the standard hours of work of a highway motor vehicle operator may exceed 40 hours in a week but shall not exceed 60 hours, and no employer shall cause or permit a highway motor vehicle operator to work longer hours than 60 hours in a week.

• (2) In a week in which a general holiday occurs that, under Division V of the Act, entitles a highway motor vehicle operator to a holiday with pay in that week, the standard hours of work of the highway motor vehicle operator in that week may exceed 32 hours but shall not exceed 50 hours, but, for the purposes of this subsection, in calculating the time worked by a highway motor vehicle operator in any such week, no account shall be taken of any time worked by the operator on the holiday or of any time during which the operator was at the disposal of the employer during the holiday.

• (3) Subject to subsection (4), the hours of work of a highway motor vehicle operator who does not normally drive on public roads may, pursuant to an authorization made under the Commercial Vehicles Drivers Hours of Service Regulations, exceed 60 hours in a week.

• (4) Where a permit referred to in subsection (3) has been issued in respect of a motor vehicle operator, the hours of work set out in the permit shall be regarded as the standard hours of work for that operator.

Mixed Employment

• 7 (1) Subject to subsection (2), where an employee is employed in any day or in any week in not less than two of the following classes of employees,

  • (a) a city motor vehicle operator,

  • (b) a highway motor vehicle operator, and

  • (c) an employee whose hours of work are not described in these Regulations and are not calculated according to the Canada Labour Standards Regulations,

  his standard hours of work in any such day or week, as the case may be, shall be deemed to be the standard hours of work for the class of employment in which he works the greatest number of hours in that day or week.

• (2) Subject to subsection (3), where an employee works as described in subsection (1), section 174 of the Act does not apply in respect of any time worked by the employee in a day or week while employed as a highway motor vehicle operator.

• (3) Where the total working hours of an employee described in subsection (1) exceeds 60 hours in any week, all hours worked in excess of 60 shall be counted as overtime.

• 8 (1) Where during any period of two or more weeks in which an employee is employed, he works in any week in not less than two of the following classes of employment,

  • (a) a city motor vehicle operator,

  • (b) a highway motor vehicle operator, and

  • (c) an employee whose hours of work are not described in these Regulations, but are calculated according to the Canada Labour Standards Regulations,

  his standard hours of work in that week shall be deemed to be the standard of hours of work for the class of employment in which he works the greatest number of hours in that week.

• (2) Where an employee is employed in any week during a period described in subsection (1) in not less than two of the classes of employment described therein and he works the greatest number of hours in that week in a class of employment described in paragraph (a) or (b) thereof,

  • (a) his standard hours of work as determined according to subsection 7(1), and

  • (b) his standard and maximum hours of work

  in the period shall be reduced by 40 for every week in which he so works.

• (3) Subject to subsection (4), where an employee works as described in subsection (1), section 174 of the Act does not apply in respect of any time worked by the employee in a day or week while employed as a highway motor vehicle operator.

• (4) Where the total working hours of an employee described in subsection (1) exceeds 60 hours in any week, all hours worked in excess of 60 shall be counted as overtime.

• (5) Where an employee described in subsection (1) works the greatest number of hours in a week as an employee referred to in paragraph (c) thereof, his standard and maximum hours of work while working as described in paragraphs (a) and (c) thereof shall be counted for the purpose of the Canada Labour Standards Regulations but no account shall be taken of any hours worked as an employee described in paragraph (b) thereof for that purpose.

Bus Operators

9 For the purpose of the calculation of hours worked by a bus operator, account shall be taken of all hours from the time that the work shift of the bus operator begins until the time it ends but no account shall be taken of any time when the bus is in a garage or parked and the operator is not required by his employer to remain with the bus.

Weekly Rest

10 Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of motor vehicle operators with the result that the operators

• (a) have no regularly scheduled daily or weekly hours, or

• (b) have regularly scheduled hours but the number of hours differs from time to time,

hours of work may be scheduled and actually worked by those operators without regard to section 173 of the Act.