30 minute breaks - IPG-100

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• Subject
• Issue
• Interpretation

Subject

This Interpretation, Policy and Guideline (IPG) aims to clarify the scope of section 169.1 under Division I of Part III of the Canada Labour Code (Code) and to clarify the associated expression "break of at least 30 minutes during every period of 5 consecutive hours of work".

Note: This IPG does not apply to classes of employees who were granted an exemption and/or modification to specific provisions as per the Exemptions from and Modifications to Hours of Work Provisions Regulations.

Note: “employees” also includes “interns”. Student interns are subject to the interpretation of this IPG, where applicable.

Issue

The following provision has been added to the Code:

• break - 169.1

It is necessary to ensure a consistent interpretation and application nationwide of the expression "break of at least 30 minutes during every period of 5 consecutive hours of work". This IPG addresses the following:

• the meaning of the expression "break of at least 30 minutes during every period of 5 consecutive hours of work"
• how that expression applies to different work periods

Interpretation

"Break" means a short period of time during the work period when an employee or student intern is released from his obligations to the employer (or is not under the control of the employer) and may freely attend to personal matters in or near his work place.

"Consecutive hours" refers to hours that follow one another without interruption.

The Code provides at least 1 break during every 5 consecutive hours of work, of a minimum duration of 30 minutes. Essentially, the break must be taken before the 5 hours are up (4.5 hours of work and 30-minute break). Thus, the break cannot be split (for example into two 15-minute breaks).

Every employee and student intern is entitled to 30-minute breaks, except for employees who are excluded from the Code's hours of work provisions, namely employees who are directors or heads, or exercise management functions, or architects, dentists, engineers, lawyers and medical doctors. However, the Code provides for an exception for certain classes of employees. That exception does not apply to student interns and only applies when an employee is required to work to deal with a situation that the employer could not have reasonably foreseen and that presents, or could reasonably be expected to present, an imminent or serious threat under paragraphs 169.1(2)(a), (b) or (c) of the Code. To ensure that the exception is applicable, the employer must conduct the test in IPGs 091 to 094. If the exception is not applicable, the employer may not request that the employee work during his 30-minute break.

Given that an employee or student intern is not under the control of his employer during his 30-minute break, that break is not considered work time. Consequently, the 30-minute break is not paid. However, if the employer requires an employee to remain available during the break, for example if the employer asks the employee to remain at the workplace during the break to answer the phone, then the employee must be paid for the break.