In a tough economy like this one, employers may be tempted to cut staff and push remaining workers to work longer hours to take up the slack. But doing so may not only endanger workers’ health and safety but also be illegal. Employment standards laws across Canada set caps on how long employees can work before they’re entitled to overtime. And to ensure that workers get enough rest, they also limit the number of hours workers may work in a day and/or days in a week. Maximum work hour caps may be subject to exceptions. For example, many jurisdictions exempt certain industries from maximum hour restrictions, set special restrictions for certain jobs and set stricter maximum hour restrictions for young workers. Employers may also be able to apply for a “variance”—that is, official permission not to comply with these restrictions. Here’s an overview of the general maximum work hour caps in each jurisdiction.
MAXIMUM HOURS WORKERS MAY WORK*
HOURS
PER DAY
HOURS
PER WEEK
DAYS
PER WEEK
EXCEPTIONS
FED
48
Exceptional circumstances, emergencies or when employer averages workers’ hours
Managerial workers, architects, lawyers, engineers or doctors
Certain industries, including trucking, shipping, broadcasting and railways
AB
12
If an incident occurs, urgent work is necessary or in other unforeseeable or unpreventable circumstances
MB
6
Security personnel, caretakers and power engineers who live in the buildings where they work
During declared emergency
Workers who primarily perform management functions
NB
6
Workers not usually employed for more than 3 hours in any day
NL
16
Emergencies that constitute an imminent hazard to life or property
NT/NU
10
60
Incidents to machinery, equipment, a plant or person
Urgent essential work required to be done to machinery, equipment or a plant
Other unforeseen or unavoidable circumstances
Drivers subject to the Hours of Service Regulations
NS
6
If urgent work must be done to machinery or plant only to the extent such work is needed to avoid serious interference with the workplace’s ordinary operation
Workers in the offshore petroleum sector, certain farm workers, certain commissioned salespeople who work outside the workplace, workers on fishing boats, domestic workers and practitioners or students in training in certain professions, such as architecture, law and medicine
ON
8
48
If something unforeseen occurs, to ensure the continued delivery of essential public services or to ensure that continuous processes or seasonal operations are not interrupted
To carry out urgent repair work to the employer’s plant or equipment
QC
14
50
If there’s a danger to the life, health or safety of workers or the population
If there’s a risk of destruction or serious deterioration of property
In any other case of “superior force”
SK
44
6
Exclusions from hours per week limit: certain city newspaper workers, commercial hog operation workers, oil truck drivers, professional practitioners and interns/students learning such professions, rural road construction and maintenance workers, traveling salespeople paid by commission, workers in the logging industry, care providers (except live-ins), outfitters, mineral exploration workers, residential service facility workers and highway workers
Exclusions from days per week limit: fire suppression workers, retail workers and live-in care providers and domestic worker
YT
5
Workers who are members of the employer’s family, travelling salespeople, individuals whose duties are primarily supervisory or managerial, members or students of those professions designated by the regulations as professions to which this Part does not apply, outfitters or guides, certain mineral exploration workers, certain watchmen or caretakers, farm workers and domestics
*BC does not have a fixed restriction on the number of hours workers may work. Instead, the BC Employment Standards Act bars employers from requiring workers to work excessive hours or hours detrimental to the worker’s health or safety.
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