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In a meeting with Labour Canada last week, HAC weighed in again on the problems with the new Canada Labour Code Amendments, scheduled to begin their phased implementation on September 1 2019.

The changes will affect Federally regulated employers in Rail, Marine, Road and Air modes, and have been meeting with significant opposition from employers and their associations in all modes. While notionally aimed at “modernizing” the Act, it is clearly skewed toward labour. Some of its new requirements are inconsistent with new Fatigue Management Regulations being implemented on a phased basis for aviation, while others will simply increase the cost of providing transportation services in all modes; aggravate our current shortage of pilots and engineers; and complicate a crew scheduling process in the helicopter industry that depends on flexibility.  Most notably, the new CLC amendments conflict with the prospective new (and current) fatigue management regulations in the following ways:

  • 96 hours written notice of work schedules
  • 24 hours written notice of shift change
  • 8 hour rest period between work periods or shifts
  • 30 minute break within every five consecutive hours of work

Interested operators should reference the phased progress of the new regulations since 2017 in the matrix provided to HAC, courtesy of Emond Harnden LLP