[requester]

Record

Archived: June 2, 2025 2:57:04 PM

From: Immigration Representatives / Renrésentanis immigration (RCC)

Sent: [requester]

To:

Ce: Immigration Representatives / Représentanis immigration URCC)

Subject: [requester]

Importance: Normal

Sensitivity: None

Good day,

Thank you for contacting the Immigration Representatives Mailbox

Please note that this mailbox is intended for general guidance and does not provide responses to case-specific inquiries but

have provided the following information as guidance. If you have case specific questions about a file, you are encouraged to

submit the |RCC Web form.

Please see our response to your question:

Question:

Is there any discretion to consider the hours of work of a person who Works full-time hours, but w hose work is subject to the

Federal government averaging provisions As per 169(2) of the Canada Labour Code, averaging is permitted, “Where the

nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the

hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may

be prescribed by the regulations, as an average for a period of 2 or more weeks.”

For airline pilots for example, who cannot work standard hours owing to the Transport Canada Flight and Duty Time

[requester] regulations were put in place as pilot fatigue poses a significant safety risk. These rules are extremely

complicated and include a limit of 112 hours in any 28 consecutive days, 300 hours in any 90 consecutive days, 1,000 hours in

any 365 consecutive days, or 8 hours in any 24 consecutive hours in the case of a single-pilot operation. These limitations are

cumulative. This information can be confirmed in the Transport Canada Advisory Circular (AC) No. 700-047.

Soa pilot might not work 30 hours every week, but when averaged over the course of the permitted period, their average is

more than 30 hours per week.

Asa separate, but related issue, in professions like teaching where the substantive work occurs from September—June, but

the teachers remain employed on a full-time basis from July-September, how should their hours of work be calculated?

Answer:

Please be advised that we are not able to answer case-specific enquiries or intervene on a decision made by a delegated

officer, as we must adhere to appropriate procedures. Case-specific enquiries should be routed via the iRCC Web form.

To claim 1 year of skilled work experience, an applicant must demonstrate that 1560 hours of eligible work were performed

over a period of employment of at least 1 calendar year. The hours of work may be averaged throughout the year, however an

employment period shorter than 1 calendar year would not be considered as 1 year of skilled work experience.

The work hours are calculated only when the applicant performs the duties under their occupation. Periods of leave or rest,

do not count as hours of performing the duties.

The profile builder will not count the hours of work experience in excess of 30 hours per week towards the program

requirements and scores.

In situations where regularly scheduled work throughout the year varies in hours from week to week, for example based on

professional regulatory requirements, the officer would determine on a case-by-case basis if the hours declared could be

reasonably considered as work experience. Please ensure there is a clear explanation in case hours declared in the profile do ootes2