Beginning September 1, 2019, following industry efforts led by CTA and supported by OTA, ESDC issued their Interpretations, Policies and Guidelines (or ‘IPGs’) for the new labour provisions pertaining to new Labour Code rules dealing with scheduling and shift notice. Courier drivers (along with others) were exempted from two main provisions: 96-hours’ written notice for shift schedules, 24-hours’ written notice for shift changes. No ESDC is consulting to see if these exemptions will be finalized in regulation.
In practice these two provisions would mean:
- Employers must give all employees their full work schedule – in writing – at least 96 hours before the start of the work week.
- Employers must give all employees at least 24 hours’ notice – in writing – of any changes to their shifts (as defined in their schedule). If you need to make a changes with less than 24-hours’ notice, you will be out of luck and you won’t be able to make the change.
Since September 1, 2019 it has been ‘business as usual’ for many companies and employees in these job classes. At the time, these exemptions were dealt with in IPGs (a temporary measure) because there was not enough time to have them solidified in regulation before the fall election. Now that the election is over, ESDC has reopened this issue and is asking industry to once again make its case for exemption. ESDC will be holding a courier session on March 4, 2020 to help determine if ‘courier drivers’ will receive final exemptions. As it stands, ESDC is saying they do not have enough information to support an exemption for these drivers, so it will be up to those with courier operations to make the case.
CTA will also assist and we have from the start requested that courier drivers be given the same exemptions as long-haul and short-haul drivers. In the case of trucking operations, the industry roundtable is being held today (February 28). In this, we will also signal our support for couriers.
If you are interested in participating in the Courier session, all you need to do is email ESDC (at the email below) and ask for meeting details. You can request to participate in person or by phone.
ESDC Email Contact: [email protected]our-travail.gc.ca
If you are attending this ESDC courier meeting please copy [email protected]