OTA has been notified that over the next several months, the Labour Program of Employment and Social Development Canada will be conducting a survey of federal jurisdiction road transportation companies in the geographical area of the City of Ottawa (Ottawa city census subdivision). See link below for boundary line map of area:
This survey will apply to federal road transport commodities engaged in the transportation of general freight in that area. The survey will deal with overtime provisions.
The Motor Vehicle Operators Hours of Work Regulations state that a highway driver is paid over-time after working 60 hours per week (time and a half). A driver that is classified as a city driver qualifies for over time (time and a half), according to federal law one of two ways (i) working either 9 hours in a day or (ii) 45 hours in a week. (A federal law only applies to federally regulated carriers unless a provincial statute defers to the federal law. Check with your local association for rules in your province regarding provincially regulated carriers).
A “highway motor vehicle operator” is a motor vehicle operator who is not a bus operator or a city motor vehicle operator.
A “city motor vehicle operator” is a motor vehicle operator who is a motor vehicle operator who is not a bus operator and who:
- Operates exclusively within a 10 miles (16 km) radius of his home terminal; or
- Is classified as a city motor vehicle operator in a collective agreement entered into between his employer and a trade union acting on his behalf; or
- Who is not classified in any such agreement but is considered to be a city motor vehicle operator according to the prevailing industry practice in the geographical area where he is employed.
The purpose of the Employment and Social Development Canada in the City of Ottawa is to determine the prevailing industry practice. The Ontario Trucking Association and the Canadian Trucking Alliance have historically stated that the standard industry practice for defining a city driver is that they driver operates exclusively within a 10 mile (16 km) radius.
OTA advises its membership in the City Of Ottawa to ensure that should they receive this survey that the CEO or owner should be managing the response. The survey may be sent to the general mail box.
For more information on this issue e-mail jonathan.blackham@ontruck.org