Question Period Note: AIR CANADA – PART III – LABOUR STANDARDS – HOURS AND BREAK PERIODS FOR EMPLOYEES

What are the employer’s obligations under the Canada Labour Code with regards to providing regular breaks to employees? How do the associated regulations modify the application of those entitlements, and how do the entitlements apply in a unionized workplace?

• The government is committed to protecting workers and supporting productive and fair workplaces.
• Employers must provide 30-minute breaks every five consecutive hours of work. The break must be paid if the employee must remain at their employer’s disposal. Regulations provide exemptions and modifications regarding break requirements.
• Breaks improve safety and employees’ work-life balance, while supporting flexibility, predictability and productivity in the workplace.

Federal labour standards are set out in Part III of the Canada Labour Code (the Code). They establish the basic rights (e.g. hours of work, wages, leaves and holidays) of employees in federally regulated private-sector industries, such as banking, telecommunications, and interprovincial and international transportation. They also help create a level playing field for employers by requiring them to meet these standards.
Part III of the Code covers approximately 1,020,00 employees, which represents 5.6% of all employees in Canada. As of late 2024, the air transportation sector included approximately 1,000 employers and 142,000 employees. The air transportation sector comprises about 5.4% of federally regulated employers and 13.9% of federally regulated workers employed by private-sector firms.

Mandatory Breaks in the Code (Section 169.1)
In accordance with Part III of the Code, employees are entitled to and must be granted an unpaid break of at least 30 minutes during every period of five consecutive hours of work. In instances where an employer requires an employee to be at their disposal during the break period, the employee must be paid for the break.
Managers and those who exercise management functions, architects, dentists, engineers, lawyers, and medical doctors are excluded from Division I (Hours of Work) of Part III of the Code, including the requirement to provide a 30-minute break.
Additionally, the Exemptions from and Modifications to Hours of Work Provisions Regulations (the Regulations) provide for exemptions and modifications with respect to break requirements for specific classes of employees in various sectors. The Regulations were based on extensive consultations with employer and employee representatives. They represent a careful balance between the intent of improving work-life balance and scheduling predictability with the need to provide some operational flexibility in sectors with continuous 24/7 operations and unique scheduling arrangements.
Employers must provide employees with a break as outlined in the Code, unless the employee falls under one of the exemptions or modifications specified in the Regulations. The requirements outlined in the Code represent the minimum standards afforded to employees. Through negotiation of collective agreements, employers and their employees can agree to different rights and obligations, if they meet or exceed the minimum requirements of the Code.

Issue brought forward regarding Air Canada

In 2024, union representatives of employees at Air Canada raised concerns regarding the application of the break provisions to certain employees, specifically those who work longer shifts exceeding 10 hours in a day.

For employees who work longer shifts, there is a requirement to provide a second break since their shift involves at least two periods of five consecutive hours of work. Union representatives have indicated that in order to meet this requirement, the employer adds an additional unpaid 30-minute break at the end of the shift.

Adding a break at the end of a shift does not align with the intent of the legislation and may be in contravention of the Code unless the affected employee is subject to a regulatory exemption or modification. Absent such a regulation, breaks must be taken during the five consecutive hours of work. In other words, the break must be provided before the five consecutive hours of work end (for example, 4.5 consecutive hours of work and 30-minute break).

Adding an additional break for employees at the end of their workday

• When an employee’s shift is over 10 hours, they should receive two 30-minute breaks – one during each period of five consecutive hours of work.

• Adding a break at the end of a shift does not align with the intent of the legislation. Absent an exemption or modification, breaks must be granted during the five consecutive hours of work.

• The Code establishes minimum standards, and an employer may go beyond this requirement and provide additional breaks.