The issue of city vs. highway drivers and when overtime applies under the Canada Labour Code has been raised again – this time in Mississauga.. OTA has been notified by the Labour Program at Employment and Social Development Canada (ESDC) that it will be conducting an overtime survey of federally-regulated trucking companies in Mississauga. The purpose of such surveys — which are launched following a complaint by a driver that he or she has not received the proper amount of overtime owing to them and have been the source of considerable concern and frustration in the industry over the years — is to try and determine the prevailing practice (if one exists) for defining city versus highway drivers in Mississauga going forward, which in turn has significant implications for when overtime must be paid.
It is important to note that In the past three surveys OTA has been made aware of (including one in Brampton in late 2015) it was determined there is no common industry practice (meaning the answers they received to the survey were likely all over the board) and as a result ESDC used the fallback position of 16-km from home terminal rule to define a ‘city driver’ vs. a ‘highway driver’. This result is consistent with the default position CTA recommends carriers follow – defining city drivers as those who operate exclusively within a 16 km radius of their home base.
As summarized by ESDC (see link below) under the Canada Labour Code, Part III, the standard hours after which overtime is payable is 45 for a city motor vehicle operator and 60 for a highway motor vehicle operator. A city motor vehicle operator is either: (1) A motor vehicle operator who operates only within a 16 km radius of his or her home terminal; or (2) Any motor vehicle operator who is classified as a city motor vehicle operator in a collective agreement; or (3) Is not classified in any such agreement but is considered to be a city motor vehicle operator according to the industry practice in the geographical area where he or she is employed. A highway motor vehicle operator is a driver who is not a city motor vehicle operator.
It is important that carriers understand the implications their responses to the survey could have. It is suggested that should a carrier receive a request from the Labour Program to complete the survey, that procedures be put in place so that senior management is immediately notified. For further information please contact jonathan.blackham@ontruck.org