Record
not exactly match hours worked. — :
The onus is always on the applicant to provide sufficient documentation to satisfy an officer that they meet the
requirements.
Please be advised that the assessment of an application is conducted on a case-by-case basis, taking into consideration the
specific circumstances and the supporting documentation available to the officer. Its the applicant's responsibility to
provide sufficient documentation to demonstrate that they meet the requirements.
We trust that this information will be of assistance to you.
[requester] Representatives Mailbox
From:
Sent: [requester]
To: Immigration Representatives / Représentants immigration (IRCC) <[IRCC Immigration Representatives mailbox]>
Subject: [requester]
CAUTION: This email originated from outside the Government of [requester] not click on links or open attachments
unless you recognize the sender and know the content is safe.
ATTENTION: Ce courriel provient de l'extérieur du gouvernement du [requester] cliquez pas sur les liens et n'ouvrez pas
les pices jointes sauf si vous reconnaissez l'expéditeur et sachez que le contenu est sar.
Dear [requester],
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.
So a 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.
As a 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?
Thank you,
oosesa
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est retenue en vertu de l'article
19(1)
of the Access to Information Act
de la Loi sur I'acces a l'information