canada labour code travel time

Canada: How Is Travel Time Treated Under The Employment Standards Act, 2000?

This is an important question, as it impacts such issues as whether travel time is paid, whether those hours factor into hours of work restrictions, overtime calculations and determining vacation pay. Surprisingly, the answer is not an easy one.

The issue often arises in determining whether travel time to various job sites is captured as "hours worked". Unfortunately, this is not clearly defined in the Employment Standards Act, 2000 ("ESA") or its regulations. Labour Board decisions, arbitral decisions and secondary materials assist in investigating this issue.

Generally, this analysis is very fact specific and therefore should be determined on a case by case basis. However, the decisions and materials generally clarify that "commuting time" including travelling to and from work is not seen as compensable work (unless agreed upon otherwise), subject to some exceptions. Travel to various job sites or to training is less clear. Generally, the decisions and materials suggest that an employee has a greater likelihood of having travel time viewed as compensable work if she/he is travelling in an employer vehicle from the employer's premises to a worksite (including from one job site to another throughout the course of the day) and from the last job site back to the employer's premises. If the employee is being picked up at a central meeting location that is not on the employer's premises, some decisions have used that feature to distinguish the situation to being non-compensable working time. If an employee drives themselves in their own vehicle to a worksite, that time is less likely to be seen as compensable work. If training is mandatory it is likely that travel time would be captured, whereas it is less likely to be captured if it is optional training.

In conclusion, the issue is anything but straightforward and requires a detailed analysis based on the particular characteristics of your workplace travelling situation and contrasting that to the divergent decisions on this topic.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Canada Labour Code, RSC 1985, c L-2

• Versions (57)
• Regulations (33)
• Amendments (39)
• Cited by 

Current version: in force since Feb 1, 2024

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Canada Labour Code ( R.S.C. , 1985, c. L-2)

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Act current to 2024-04-16 and last amended on 2024-02-01. Previous Versions

Marginal note: Excess hours under permit

176   (1)  On the application of an employer or an employer’s organization, the Head, 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 set out in the permit in excess of the maximum hours of work specified in or prescribed under section 171, established under 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 Head

(a)  that exceptional circumstances exist that justify the working of additional hours;

(b)  that the employer had posted a notice of the application for the permit, for at least 30 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)  that the employer had informed the trade union in writing of the application for the permit, if those employees are represented by a trade union.

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

(5)  If 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 Head, within 15 days after the expiration of the period specified in the permit or within such time as the Head 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.

• R.S., 1985, c. L-2, s. 176
• 1993, c. 42, s. 17
• 2018, c. 27, s. 571

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Canada Labour Code ( R.S.C. , 1985, c. L-2)

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Act current to 2024-04-16 and last amended on 2024-02-01. Previous Versions

RELATED PROVISIONS

— 2010, c. 12, s. 2178

Deemed appointment

2178  Any appeals officer, as defined in subsection 122(1) of the Canada Labour Code , who is seized of an appeal under that Act immediately before the day on which section 2174 comes into force is deemed, on that day, to have been appointed as an appeals officer under subsection 145.1(1) of that Act, as enacted by section 2174, solely for the purpose of performing their duties under section 146.1 of that Act in respect of the appeal.

— 2012, c. 19, s. 438

Existing claims

438  If, before the coming into force of section 239.2 of the Canada Labour Code , as enacted by section 434, an employer provides benefits to its employees under a long-term disability plan that is not insured with an entity that is licensed to provide insurance under the laws of a province and either benefits are being paid to one of those employees under that plan or an application for the payment of benefits under that plan has been submitted by one of those employees, that employer, on the coming into force of that section 239.2, is not required to insure that plan in accordance with that section 239.2 and may continue to provide benefits under that plan but only to the employee who is being paid benefits or to the employee who submitted an application for the payment of benefits.

— 2012, c. 19, s. 439

Limitation — second or subsequent offences

439  Despite subsection 256(1.2) of the Canada Labour Code , as enacted by section 436, in determining whether a person has committed a second or subsequent offence for the purposes of subsection 256(1.1) of that Act as enacted by that section, an earlier offence may be taken into account only if the person is convicted of the earlier offence on or after the day on which that section comes into force.

— 2012, c. 19, s. 564

Definitions

564  The following definitions apply in sections 565 to 570.

Board  means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil )

Tribunal  means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act , as that Act read immediately before the coming into force of this section. ( Tribunal )

— 2012, c. 27, s. 31

Death or disappearance

31  Section 206.5 of the Canada Labour Code , as enacted by section 6, applies only with respect to a death or disappearance that occurs after the day on which section 6 comes into force.

— 2012, c. 31, s. 230

Complaints, notices and payment orders

230  The Canada Labour Code , as it read immediately before the day on which this section comes into force, applies

(a)  to complaints that allege that an employer contravened any provision of Part III of that Act, any provision of regulations made under that Part or any order within the meaning of that Part and that were received by the Minister of Labour before that day;

(b)  to notices of unfounded complaint issued under subsection 251.1(2) of that Act that relate to complaints referred to in paragraph (a); and

(c)  to payment orders issued under subsection 251.1(1) of that Act

(i)  before that day, and

(ii)  on or after that day, if the inspector made the finding that resulted in the payment order during the course of an inspection under Part III of that Act that began before that day or as a result of dealing with a complaint referred to in paragraph (a).

— 2012, c. 31, s. 231

Payment orders and notices

231  The Canada Labour Code , as it read immediately before the day on which this section comes into force, applies to any payment orders and notices of unfounded complaint issued before that day under section 251.1 of that Act.

— 2013, c. 40, s. 199

Pending proceedings

199   (1)  The Canada Labour Code , as it read immediately before the coming into force of this section, applies to

(a)  any proceedings — commenced before that coming into force — with respect to which a health and safety officer or a regional health and safety officer may exercise powers or perform duties or functions under Part II of that Act, as it read immediately before that coming into force; and

(b)  any procedure — commenced before that coming into force — relating to a refusal to work commenced under sections 128 to 129 of that Act, as it read immediately before that coming into force.

(2)  With respect to directions issued by a health and safety officer under Part II of the Canada Labour Code , an employer, employee or trade union that feels aggrieved by a direction may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing. The appeal is deemed to have been brought under subsection 146(1) of that Act.

Health and safety officers

(3)  For the purposes of subsection (1), health and safety officers or regional health and safety officers designated under subsection 140(1) of the Canada Labour Code , as it read immediately before the coming into force of this section, continue to act, respectively, as health and safety officers or regional health and safety officers.

— 2014, c. 20, s. 143

Paragraphs 125.1(c) to (e) of Canada Labour Code

143  Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day on which section 140 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.

— 2014, c. 20, s. 144

Products in work place

144  Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day fixed by order of the Governor in Council for the purposes of section 143 but before a day to be fixed by order of the Governor in Council for the purposes of this section, in respect of hazardous products that are in the work place on the day fixed by order of the Governor in Council for the purposes of section 143, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.

— 2014, c. 20, s. 145

Same meaning

145   (1)  Unless a contrary intention appears, words and expressions used in sections 143 and 144 have the same meanings as in section 122 of the Canada Labour Code .

(2)  For the purposes of sections 143 and 144,

(a)   controlled product , hazard symbol , Ingredient Disclosure List , label and material safety data sheet in paragraphs 125.1(c) to (e) of the Canada Labour Code , as that Act read immediately before the day on which section 140 comes into force, have the same meanings as in the Hazardous Products Act , as that Act read immediately before the day on which section 114 comes into force;

(b)  any references to the Ingredient Disclosure List in paragraph 125.1(e) of the Canada Labour Code , as that Act read immediately before the day on which section 140 comes into force, are considered to be references to the Ingredient Disclosure List as it read immediately before the day on which section 114 comes into force; and

(c)  any references to regulations, or to anything prescribed by regulation, in paragraphs 125.1(c) to (e) of the Canada Labour Code , as that Act read immediately before the day on which section 140 comes into force, are considered to be references to those regulations as they read immediately before that day.

— 2017, c. 12, s. 14

Canada Labour Code — existing applications

14  If the Canada Industrial Relations Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 1 comes into force, received an application for certification referred to in paragraph 28(2)(a) of the Canada Labour Code or an application for an order made under subsection 38(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

— 2017, c. 20, s. 382, as amended by 2018, c. 22, s. 24

Appeals — subsection 129(7) or 146(1)

382  The Canada Labour Code , as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 129(7) or 146(1) of that Act.

— 2017, c. 20, s. 383

Complaints — subsection 240(1)

383  The Canada Labour Code , as it read immediately before the day on which this section comes into force, applies with respect to any complaint made before that day under subsection 240(1) of that Act.

— 2017, c. 20, s. 384

Complaints relating to reprisal

384  Division XIV.1 of Part III of the Canada Labour Code does not apply with respect to reprisals carried out before the day on which this section comes into force.

— 2017, c. 20, s. 385

385  Subsection 251(1.2) of the Canada Labour Code does not apply with respect to an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

— 2017, c. 20, s. 386

Compliance orders

386  Section 251.06 of the Canada Labour Code does not apply to contraventions committed before the day on which this section comes into force.

— 2017, c. 20, s. 387

Review and appeal

387  The Canada Labour Code , as it read immediately before the day on which this section comes into force, applies with respect to any request for appeal made before that day under subsection 251.11(1) of that Act and any request for review that the Minister of Labour has decided, before that day, to treat as an appeal under subsection 251.101(7) of that Act.

— 2017, c. 20, s. 388

Order to debtor of director of corporation

388  Subsection 251.13(1.1) of the Canada Labour Code does not apply with respect to a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

— 2017, c. 20, s. 389

Administrative fee

389  Section 251.131 of the Canada Labour Code does not apply with respect to

(a)  a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act; or

(b)  a decision made under section 251.101 or 251.12 of that Act relating to the payment order.

— 2017, c. 20, s. 390

Part IV of the Canada Labour Code

390  Part IV of the Canada Labour Code does not apply to violations committed before the day on which this section comes into force.

— 2017, c. 20, s. 392

Persons who occupy a position

392   (1)  All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of appeals officers under Part II of the Canada Labour Code or those of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.

No change in status

(2)  Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.

Transfer of money

(3)  Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under Part II or III of the Canada Labour Code or to the powers, duties and functions of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.

— 2017, c. 33, s. 214

Subsection 175(2) of Canada Labour Code

214  Subsection 175(2) of the Canada Labour Code continues to apply in respect of the making of any regulations under paragraph 175(1)(a) or (b) of that Act for which the Minister of Labour has, before the coming into force of section 198 of this Act, caused an inquiry to be made under section 248 of that Act.

— 2018, c. 22, s. 18

Requests received before coming into force

18  A request for an exemption under subsection 135(3) of the Canada Labour Code , as it read on the day before the day on which section 7 comes into force, that is received by the Minister before the day on which that section comes into force is to be dealt with in accordance with subsections 135(3) to (5) of that Act as they read on the day before the day on which that section comes into force. If the request is approved on or after the day on which that section comes into force, the exemption may be granted for a period of not more than one year.

— 2018, c. 27, s. 517

Section 179 of Canada Labour Code

517  Section 179 of the Canada Labour Code , as enacted by section 448 of this Act, applies to each person who, on the day on which that section 448 comes into force, is 17 years of age and is employed by an employer as if they were 18 years of age so long as they remain employed by that employer in the position they held on that day.

— 2018, c. 27, s. 519

Subsection 189(1.1) of Canada Labour Code

519  Subsection 189(1.1) of the Canada Labour Code applies only if the first day on which the second employer referred to in that subsection carries out the federal work, undertaking or business is on or after the day on which section 457 of this Act comes into force.

— 2018, c. 27, s. 522

Individual termination of employment

522  If an employer gives notice to an employee under paragraph 230(1)(a) of the Canada Labour Code before the day on which section 485 of this Act comes into force, Division X of Part III of the Canada Labour Code , as it read immediately before that coming into force, applies to the employer and to the employee in respect of that individual termination of employment.

— 2018, c. 27, s. 523

Reimbursement of work-related expenses

523  Division XII.1 of the Canada Labour Code applies only in respect of expenses incurred on or after the day on which section 486 of this Act comes into force.

— 2018, c. 27, s. 524

Section 239 of Canada Labour Code

524  If section 487 of this Act comes into force during an employee’s absence under Division XIII of the Canada Labour Code , section 239 of the Canada Labour Code , as it read immediately before the coming into force of that section 487, applies in respect of that absence.

— 2018, c. 27, s. 525

Subsection 247.5(1.1) of Canada Labour Code

525  Subsection 247.5(1.1) of the Canada Labour Code applies only in respect of leaves that begin on or after the day on which section 494 of this Act comes into force.

— 2018, c. 27, s. 526

Complaints — subsection 247.99(1) of Canada Labour Code

526  The Canada Labour Code , as it read immediately before the day on which section 496 of this Act comes into force, applies with respect to any complaint made before that day under subsection 247.99(1) of the Canada Labour Code .

— 2018, c. 27, s. 527

Subsection 253.1(1) of Canada Labour Code

527  An employer must, within 90 days after the later of the day on which section 502 of this Act comes into force and the day on which materials are first made available under subsection 253.1(1) of the Canada Labour Code , provide their employees with a copy of the materials referred to in that subsection.

— 2018, c. 27, s. 528

Subsection 253.2(4) of Canada Labour Code

528  If, before the day on which the first regulation made under subsection 253.2(4) of the Canada Labour Code , as enacted by section 502 of this Act, comes into force, an employer has not provided an employee with a written statement containing the information set out in the regulation, the employer must, within 90 days after that coming into force, provide the employee with such a statement.

— 2022, c. 10, s. 427

Personal leave

427  Paragraph 206.6(1)(a) of the Canada Labour Code , as it read immediately before the day on which section 6 of An Act to amend the Criminal Code and the Canada Labour Code , chapter 27 of the Statutes of Canada, 2021, comes into force, continues to apply to every employer and its employees to which section 239.001 of the Canada Labour Code , as enacted by section 7.1 of An Act to amend the Criminal Code and the Canada Labour Code , chapter 27 of the Statutes of Canada, 2021, does not apply, until the day on which section 426 of this Act comes into force.

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Backgrounder: Canada Summer Jobs 2024

From: Employment and Social Development Canada

Backgrounder

Canada Summer Jobs (CSJ) is part of the Youth Employment and Skills Strategy, a horizontal federal initiative that supports youth aged 15 to 30—particularly those facing barriers to employment— to gain work experience and develop the skills they need to successfully transition into the labour market.

Program overview Canada Summer Jobs (CSJ) is part of the Youth Employment and Skills Strategy, a horizontal federal initiative that supports youth aged 15 to 30—particularly those facing barriers to employment— to gain work experience and develop the skills they need to successfully transition into the labour market. CSJ is delivered by Employment and Social Development Canada. The program supports employers to create summer jobs for youth in the not-for-profit, public, and private sectors. It includes a focus on small businesses with 50 or fewer full-time employees. CSJ provides youth with opportunities to develop and improve their skills. For some, it will be their first job experience, and it will inform their future education, training and career choices.  The program is responsive to national and local priorities as well as labour market needs. CSJ 2024 youth hiring period The hiring period for CSJ 2024 is underway and will run until July 22, 2024. More than 70,000 jobs that matter to young people and to our communities will be posted on the Job Bank website and mobile app , and will be updated on a regular basis. Young people are encouraged to keep checking for updates on placements available in their communities. Eligibility criteria Youth participants:   Eligible participants must be:

• between 15 and 30 years of age (inclusive) at the start of employment;
• Canadian citizens, permanent residents, or persons on whom refugee protection has been conferred under the Immigration and Refugee Protection Act; and
• legally entitled to work according to the relevant provincial or territorial legislation and regulations.

International students are not eligible. Recent immigrants are eligible if they are Canadian citizens or permanent residents . Employers : Eligible Canadian employers can be from the not-for-profit, public and private sectors. Private sector employers must have 50 or fewer full-time employees across Canada to be eligible (full-time employees are those working 30 hours or more per week).

The employer application period is now closed for CSJ 2024. Employers interested in applying for CSJ funding next year are encouraged to open an account on the secure Grants and Contributions Online Services portal. Ineligible projects and job activities

Ineligible Canadian employers include members of the House of Commons and the Senate, federal government departments and agencies, and provincial departments and agencies.

Projects and job activities are ineligible if they:

• have activities that take place outside of Canada;
• include activities that contribute to the provision of a personal service to the employer;
• involve partisan political activities;
• involve fundraising activities to cover salary costs for the youth participant;
• restrict access to programs, services or employment, or otherwise discriminate, contrary to applicable laws, on the basis of prohibited grounds, including sex, genetic characteristics, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientation, or gender identity or expression;
• advocate intolerance, discrimination or prejudice; or
• actively work to undermine or restrict a woman’s access to sexual and reproductive health services.

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