The Canada Labor Code, a guideline of rights and responsibilities in federally regulated workplaces, introduced amendments in August 2023 that will exempt employees in the banking, telecommunications and broadcasting, and rail and airline sectors from specific hours-of-work requirements. Most other workers, however, are protected by provincial laws on such mandates, placing caps on the number of hours employees may be required to work. These protections vary widely from province to province.
Legal experts say some of the 2019 changes to the Canada Labor Code—including entitlements to employees for unpaid breaks, rest periods and to give written notice of shift changes—are difficult to uphold for workforces that operate shifts 24 hours a day, seven days a week.
“It’s hard to impose flexible working for all workplaces,” said Gayle Wadden, chief legal officer and co-founder of Compliance Works Inc. in Toronto. “For railways, airlines and the telecommunications industries, these rules don’t work. Some sectors require a different kind of commitment.”
These amendments took effect Jan. 4 for rail transportation, banking, and telecommunications and broadcasting employees and will take effect on June 4 for air transportation employees.
Approximately 10 percent of the Canadian workforce is governed by federal laws like the Canada Labor Code, according to the Canadian government.
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