Skip to main content

Manufacturing, construction and mining

Automobile manufacturing

This applies to you if you work in automobile manufacturing, automobile marshalling, automobile parts manufacturing or automobile parts warehousing.

Special rules or exemptions

You are generally entitled to a daily rest period of 11 consecutive hours free from work each day. However, if you agree in writing, you can take eight consecutive hours off work on one day in each work week instead.

Construction

This does not apply to you if you work in maintenance, road building or sewer and watermain construction.

This does apply to you if you work at a construction site or you do not work at a construction site but your work is commonly associated with employees who work at construction sites or you are commonly associated in collective bargaining with employees who work at construction sites.

Special rules or exemptions

You are not entitled to:

  • daily or weekly limits on hours of work
  • daily rest periods
  • time off between shifts
  • weekly/bi-weekly rest periods
  • notice of termination/termination pay
  • severance pay
  • public holidays or public holiday pay if you have been either:
    • employed for less than five years and you receive 7.7% or more of your hourly wages for vacation pay or holiday pay
    • employed for five years or longer and you receive 9.7% or more of your hourly wages for vacation pay or holiday pay

These special rules and exemptions are set out in O. Reg. 285/01 and O. Reg. 288/01.

Continuous operations

This does not apply to you if you work in retail stores.

This does apply to you if you work in a continuous operation (a business that operates 24 hours a day and either never shuts down or shuts down no more than once a week).

Special rules or exemptions

You may be required to work on public holidays if the public holiday is on a day that is normally a working day for you and you are not on vacation.

If you must work on a public holiday, your employer can either:

  • pay you your regular rate for the hours you work on the public holiday and give you another day off with public holiday pay
  • pay you public holiday pay and premium pay for the hours you work on the public holiday

These special rules and exemptions are set out in the ESA.

Maintenance

This applies to you if you work in the on-site maintenance of buildings, structures, roads, sewers, pipelines, tunnels, watermains or other works.

Special rules or exemptions

You are not entitled to severance pay.

This exemption is set out in O. Reg. 288/01.

Mineral exploration

This applies to you if you work in the mineral exploration industry at mineral exploration sites and your employer's principal business is not mining.

Special rules or exemptions

You are generally entitled to weekly/bi-weekly rest periods. However, you and your employer can agree in writing to follow these different rules instead:

  • you cannot work more than 28 consecutive days
  • you will take time off work based on the number of days you worked:
    • count the number of days you work consecutively before your time off begins
    • divide this number by three
    • round this number up to the nearest whole number
    • if this equals two or more days, you must take these days off consecutively

This special rule is set out in O. Reg. 159/05.

Mining

This applies to you if you work in the mining industry and you work at mine sites and you do not live at home during periods of consecutive days of work.

Special rules or exemptions

You are generally entitled to weekly/bi-weekly rest periods. However, you and your employer can agree in writing to follow these different rules instead:

  • you cannot work more than 28 consecutive days
  • you will take time off work based on the number of days you worked:
    • count the number of days you work consecutively before your time off begins
    • divide this number by three
    • round this number up to the nearest whole number
    • if this equals two or more days, you must take these days off consecutively

This special rule is set out in O. Reg. 159/05.

Road construction

This does not apply to you if you work in road maintenance work (including snow ploughing) or at road maintenance sites.

This does apply to you if you do road construction work (such as the repair, alteration and demolition of roads) at road construction sites (including parking lots and road structures like bridges and tunnels).

Special rules or exemptions

You are not entitled to:

  • daily or weekly limits on hours of work
  • daily rest periods
  • time off between shifts
  • weekly/bi-weekly rest periods
  • notice of termination/termination pay
  • severance pay
  • public holidays or public holiday pay if you have been either:
    • employed for less than five years and you receive 7.7% or more of your hourly wages for vacation pay or holiday pay
    • employed for five years or longer and you receive 9.7% or more of your hourly wages for vacation pay or holiday pay

Streets, highways or parking lots

If you work in the construction of streets, highways or parking lots, you are entitled to overtime pay for each hour worked over 55 hours in a work week.

If you work less than 55 hours in a week, your employer can carry over the difference between the number of hours you actually worked and the 55 hour overtime threshold. The difference can be applied to the following week to increase the overtime threshold.

For example, if you work 50 hours in one week and your overtime threshold is 55 hours, your employer can carry over 5 hours into the following week, increasing the overtime threshold for that week from 55 to 60 hours.

The maximum hours that can be carried forward is 22 hours.

Road structures

If you work in the construction of road structures like bridges or tunnels, you are entitled to overtime pay for each hour worked over 50 hours in a work week.

If you work less than 50 hours in a week, your employer can carry over the difference between the number of hours you actually worked and the 50 hour overtime threshold. The difference can be applied to the following week to increase the overtime threshold.

For example, if you work 45 hours in one week and your overtime threshold is 50 hours, your employer can carry over 5 hours into the following week, increasing the overtime threshold for that week from 50 to 55 hours.

The maximum hours that can be carried forward is 22 hours.

These special rules and exemptions are set out in O. Reg. 285/01 and O. Reg. 288/01.

Road construction sites

This does not apply to you if you work in road maintenance work (including snow ploughing) or at road maintenance sites.

This does apply to you if you work at road construction sites (including parking lots and road structures like bridges and tunnels) but do not do road construction work (for example, the repair, alteration and demolition of roads).

Special rules or exemptions

Streets, highways or parking lots

If you work at a road construction site on a street, highway or parking lot, you are entitled to overtime pay for each hour worked over 55 hours in a work week.

If you work less than 55 hours in a week, your employer can carry over the difference between the number of hours you actually worked and the 55 hour overtime threshold. The difference can be applied to the following week to increase the overtime threshold.

For example, if you work 50 hours in one week and your overtime threshold is 55 hours, your employer can carry over 5 hours into the following week, increasing the overtime threshold for that week from 55 to 60 hours.

The maximum hours that can be carried forward is 22 hours.

Road structures

If you work in the maintenance of road structures like bridges or a tunnels, you are entitled to overtime pay for each hour worked over 50 hours in a work week.

If you work less than 50 hours in a week, your employer can carry over the difference between the number of hours you actually worked and the 50 hour overtime threshold. The difference can be applied to the following week to increase the overtime threshold.

For example, if you work 45 hours in one week and your overtime threshold is 50 hours, your employer can carry over 5 hours into the following week, increasing the overtime threshold for that week from 50 to 55 hours. The maximum hours that can be carried forward is 22 hours.

These special rules and exemptions are set out in O. Reg. 285/01 and O. Reg. 288/01.

Road maintenance

This does not apply to you if you work in road construction work or at road construction sites. Road construction work includes the repair, alteration and demolition of roads.

This does apply to you if you work at road maintenance sites (including parking lots, bridges and tunnels) doing road maintenance work (including snow ploughing).

Special rules or exemptions

You are not entitled to:

  • daily or weekly limits on hours of work
  • daily rest periods
  • time off between shifts
  • weekly/bi-weekly rest periods
  • severance pay
  • public holidays or public holiday pay if you have been either:
    • employed for less than five years and you receive 7.7% or more of your hourly wages for vacation pay or holiday pay
    • employed for five years or longer and you receive 9.7% or more of your hourly wages for vacation pay or holiday pay

Streets, highways or parking lots

If you work in the maintenance of streets, highways or parking lots, you are entitled to overtime pay for each hour worked over 55 hours in a work week.

If you work less than 55 hours in a week, your employer can carry over the difference between the number of hours you actually worked and the 55 hour overtime threshold. The difference can be applied to the following week to increase the overtime threshold.

For example, if you work 50 hours in one week and your overtime threshold is 55 hours, your employer can carry over 5 hours into the following week, increasing the overtime threshold for that week from 55 to 60 hours.

The maximum hours that can be carried forward is 22 hours.

Road structures

If you work in the maintenance of road structures like bridges or tunnels, you are entitled to overtime pay for each hour worked over 50 hours in a work week.

If you work less than 50 hours in a week, your employer can carry over the difference between the number of hours you actually worked and the 50 hour overtime threshold. The difference can be applied to the following week to increase the overtime threshold.

For example, if you work 45 hours in one week and your overtime threshold is 50 hours, your employer can carry over 5 hours into the following week, increasing the overtime threshold for that week from 50 to 55 hours.

The maximum hours that can be carried forward is 22 hours.

These special rules and exemptions are set out in O. Reg. 285/01 and O. Reg. 288/01.

Road maintenance sites

This does not apply to you if you work in road construction work (including the repair, alteration and demolition of roads) or at road construction sites.

This does apply to you if you work at road maintenance sites (including parking lots and road structures like bridges and tunnels) but you do not do road maintenance work (such as snow ploughing).

Special rules or exemptions

Streets, highways or parking lots

If you work at a road maintenance site on a street, highway or parking lot, you are entitled to overtime pay for each hour worked over 55 hours in a work week.

If you work less than 55 hours in a week, your employer can carry over the difference between the number of hours you actually worked and the 55 hour overtime threshold. The difference can be applied to the following week to increase the overtime threshold.

For example, if you work 50 hours in one week and your overtime threshold is 55 hours, your employer can carry over 5 hours into the following week, increasing the overtime threshold for that week from 55 to 60 hours.

The maximum hours that can be carried forward is 22 hours.

Road structures

If you work at a road maintenance site with road structures like bridges or tunnels, you are entitled to overtime pay for each hour worked over 50 hours in a work week.

If you work less than 50 hours in a week, your employer can carry over the difference between the number of hours you actually worked and the 50 hour overtime threshold. The difference can be applied to the following week to increase the overtime threshold.

For example, if you work 45 hours in one week and your overtime threshold is 50 hours, your employer can carry over 5 hours into the following week, increasing the overtime threshold for that week from 50 to 55 hours. The maximum hours that can be carried forward is 22 hours.

These special rules and exemptions are set out in O. Reg. 285/01 and O. Reg. 288/01.

Sewer and watermain construction

This does not apply to you if you work in sewer and watermain maintenance.

This does apply to you if you work in laying, altering or repairing sewers or watermains.

Special rules or exemptions

You are not entitled to:

  • daily or weekly limits on hours of work
  • daily rest periods
  • time off between shifts
  • weekly/bi-weekly rest periods
  • notice of termination/termination pay
  • severance pay
  • public holidays or public holiday pay if you have been either:
    • employed for less than five years and you receive 7.7% or more of your hourly wages for vacation pay or holiday pay
    • employed for five years or longer and you receive 9.7% or more of your hourly wages for vacation pay or holiday pay

You are entitled to overtime pay for each hour worked over 50 hours in a work week.

These special rules and exemptions are set out in O. Reg. 285/01 and O. Reg. 288/01.

Sewer and watermain construction site guarding

This applies to you if you work guarding sewer and watermain construction sites where sewers or watermains are being laid, altered or repaired.

Special rules or exemptions

You are entitled to overtime pay for each hour worked over 50 hours in a work week.

This special rule is set out in O. Reg. 285/0.

Sewer and watermain maintenance

This does not apply to you if you work in sewer and watermain construction or repair.

This does apply to you if you work in sewer and watermain maintenance.

Special rules or exemptions

  • You are entitled to overtime pay for each hour worked over 50 hours in a work week.
  • You are not entitled to severance pay.

These special rule and exemption are set out in O. Reg. 285/01 and O. Reg. 288/01.

Ship building and repair

This applies to you if you work in building, altering or repairing commercial ships that weigh over 10 tons.

Special rules or exemptions

You are not entitled to notice of termination/termination pay if:

  • you have a supplementary unemployment benefit plan and
  • you, your union or agent agree in writing that you are not entitled to notice of termination/termination pay

This special rule is set out in O. Reg. 288/01.

Swimming pool installation and maintenance

This applies to you if you work in swimming pool installation and maintenance.

Special rules or exemptions

You are not entitled to:

  • daily or weekly limits on hours of work
  • overtime pay
  • public holidays or public holiday pay

These exemptions are set out in O. Reg. 285/01.

Updated: May 31, 2022
Published: November 27, 2017