Canada Labour Code

Marginal note:Excess hours under ministerial permit

• 176 (1) On the application of an employer or an employer’s organization, the Minister, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a permit in writing, authorize hours to be worked by any class of employees therein in excess of the maximum hours of work specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175.

• Marginal note:Justifying permit

  (2) No permit may be issued under subsection (1) unless the applicant has satisfied the Minister

  • (a) that there are exceptional circumstances to justify the working of additional hours;

  • (b) that the employer had posted a notice of the application for a permit under subsection (1), for at least thirty days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and

  • (c) if those employees are represented by a trade union, that the employer had informed the trade union in writing of the application for the permit.

• Marginal note:Duration of permit

  (3) A permit under subsection (1) shall be issued for the period specified therein, which shall not be longer than the period during which it is anticipated that the exceptional circumstances that justified the permit will continue.

• Marginal note:Additional hours may be specified

  (4) A permit under subsection (1) may specify either

  • (a) the total of the number of additional hours in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175, or

  • (b) the additional hours that may be worked in any day and in any week during the period of the permit.

• Marginal note:Report to Minister

  (5) Where a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Minister, within fifteen days after the expiration of the period specified in the permit or within such time as the Minister may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked.