Array
(
    [scripts] => Array
        (
            [jquery] => _WP_Dependency Object
                (
                    [handle] => jquery
                    [src] => 
                    [deps] => Array
                        (
                            [0] => jquery-core
                            [1] => jquery-migrate
                        )

                    [ver] => 1.12.4
                    [args] => 
                    [extra] => Array
                        (
                        )

                )

            [tc-cart] => _WP_Dependency Object
                (
                    [handle] => tc-cart
                    [src] => https://www.cfa.ca/wp-content/plugins/tickera/js/cart.js
                    [deps] => Array
                        (
                            [0] => jquery
                        )

                    [ver] => 3.4.4
                    [args] => 
                    [extra] => Array
                        (
                            [data] => var tc_ajax = {"ajaxUrl":"https:\/\/www.cfa.ca\/wp-admin\/admin-ajax.php","emptyCartMsg":"Are you sure you want to remove all tickets from your cart?","success_message":"Ticket Added!","imgUrl":"https:\/\/www.cfa.ca\/wp-content\/plugins\/tickera\/images\/ajax-loader.gif","addingMsg":"Adding ticket to cart...","outMsg":"In Your Cart","cart_url":"https:\/\/www.cfa.ca\/tickets-cart\/","update_cart_message":"Please update your cart before proceeding.","tc_provide_your_details":"In order to continue you need to agree to provide your details.","tc_gateway_collection_data":"","tc_error_message":"Only customers aged 16 or older are permitted for purchase on this website","tc_show_age_check":"no"};
                        )

                )

            [jquery-ui-datepicker] => _WP_Dependency Object
                (
                    [handle] => jquery-ui-datepicker
                    [src] => /wp-includes/js/jquery/ui/datepicker.min.js
                    [deps] => Array
                        (
                            [0] => jquery-ui-core
                        )

                    [ver] => 1.11.4
                    [args] => 1
                    [extra] => Array
                        (
                            [after] => Array
                                (
                                    [0] => 
                                    [1] => jQuery(document).ready(function(jQuery){jQuery.datepicker.setDefaults({"closeText":"Close","currentText":"Today","monthNames":["January","February","March","April","May","June","July","August","September","October","November","December"],"monthNamesShort":["Jan","Feb","Mar","Apr","May","Jun","Jul","Aug","Sep","Oct","Nov","Dec"],"nextText":"Next","prevText":"Previous","dayNames":["Sunday","Monday","Tuesday","Wednesday","Thursday","Friday","Saturday"],"dayNamesShort":["Sun","Mon","Tue","Wed","Thu","Fri","Sat"],"dayNamesMin":["S","M","T","W","T","F","S"],"dateFormat":"MM d, yy","firstDay":1,"isRTL":false});});
                                )

                        )

                )

            [booked-spin-js] => _WP_Dependency Object
                (
                    [handle] => booked-spin-js
                    [src] => https://www.cfa.ca/wp-content/plugins/booked/assets/js/spin.min.js
                    [deps] => Array
                        (
                        )

                    [ver] => 2.0.1
                    [args] => 
                    [extra] => Array
                        (
                            [group] => 1
                        )

                )

            [booked-spin-jquery] => _WP_Dependency Object
                (
                    [handle] => booked-spin-jquery
                    [src] => https://www.cfa.ca/wp-content/plugins/booked/assets/js/spin.jquery.js
                    [deps] => Array
                        (
                        )

                    [ver] => 2.0.1
                    [args] => 
                    [extra] => Array
                        (
                            [group] => 1
                        )

                )

            [booked-tooltipster] => _WP_Dependency Object
                (
                    [handle] => booked-tooltipster
                    [src] => https://www.cfa.ca/wp-content/plugins/booked/assets/js/tooltipster/js/jquery.tooltipster.min.js
                    [deps] => Array
                        (
                        )

                    [ver] => 3.3.0
                    [args] => 
                    [extra] => Array
                        (
                            [group] => 1
                        )

                )

            [booked-functions] => _WP_Dependency Object
                (
                    [handle] => booked-functions
                    [src] => https://www.cfa.ca/wp-content/plugins/booked/assets/js/functions.js
                    [deps] => Array
                        (
                        )

                    [ver] => 2.0.9
                    [args] => 
                    [extra] => Array
                        (
                            [group] => 1
                            [data] => var booked_js_vars = {"ajax_url":"https:\/\/www.cfa.ca\/wp-admin\/admin-ajax.php","profilePage":"https:\/\/www.cfa.ca","publicAppointments":"","i18n_confirm_appt_delete":"Are you sure you want to cancel this appointment?","i18n_please_wait":"Please wait ...","i18n_wrong_username_pass":"Wrong username\/password combination.","i18n_fill_out_required_fields":"Please fill out all required fields.","i18n_guest_appt_required_fields":"Please enter your name to book an appointment.","i18n_appt_required_fields":"Please enter your name, your email address and choose a password to book an appointment.","i18n_appt_required_fields_guest":"Please fill in all \"Information\" fields.","i18n_password_reset":"Please check your email for instructions on resetting your password.","i18n_password_reset_error":"That username or email is not recognized."};
                        )

                )

            [tc-jquery-validate] => _WP_Dependency Object
                (
                    [handle] => tc-jquery-validate
                    [src] => https://www.cfa.ca/wp-content/plugins/tickera/js/jquery.validate.min.js
                    [deps] => Array
                        (
                            [0] => jquery
                        )

                    [ver] => 3.4.4
                    [args] => 
                    [extra] => Array
                        (
                        )

                )

            [cfa_ca_head_mini_js] => _WP_Dependency Object
                (
                    [handle] => cfa_ca_head_mini_js
                    [src] => https://www.cfa.ca/wp-content/themes/plumbing-child/cfa.ca.head.mini.js
                    [deps] => Array
                        (
                            [0] => jquery
                        )

                    [ver] => v1.0.0
                    [args] => 
                    [extra] => Array
                        (
                        )

                )

            [cfa_ca_footer_mini_js] => _WP_Dependency Object
                (
                    [handle] => cfa_ca_footer_mini_js
                    [src] => https://www.cfa.ca/wp-content/themes/plumbing-child/cfa.ca.footer.mini.js
                    [deps] => Array
                        (
                            [0] => jquery
                            [1] => cfa_ca_head_mini_js
                        )

                    [ver] => v1.0.0
                    [args] => 
                    [extra] => Array
                        (
                            [group] => 1
                        )

                )

            [wp-embed] => _WP_Dependency Object
                (
                    [handle] => wp-embed
                    [src] => /wp-includes/js/wp-embed.min.js
                    [deps] => Array
                        (
                        )

                    [ver] => 
                    [args] => 
                    [extra] => Array
                        (
                        )

                )

        )

    [styles] => Array
        (
            [tc-front] => https://www.cfa.ca/wp-content/plugins/tickera/css/front.css;
            [bbp-default] => https://www.cfa.ca/wp-content/plugins/bbpress/templates/default/css/bbpress.css;
            [booked-icons] => https://www.cfa.ca/wp-content/plugins/booked/assets/css/icons.css;
            [booked-tooltipster] => https://www.cfa.ca/wp-content/plugins/booked/assets/js/tooltipster/css/tooltipster.css;
            [booked-tooltipster-theme] => https://www.cfa.ca/wp-content/plugins/booked/assets/js/tooltipster/css/themes/tooltipster-light.css;
            [booked-animations] => https://www.cfa.ca/wp-content/plugins/booked/assets/css/animations.css;
            [tribe-events-calendar-full-mobile-style] => https://www.cfa.ca/wp-content/plugins/the-events-calendar/src/resources/css/tribe-events-full-mobile.min.css;
            [tribe-events-calendar-mobile-style] => https://www.cfa.ca/wp-content/plugins/the-events-calendar/src/resources/css/tribe-events-theme-mobile.min.css;
            [chld_thm_cfg_separate] => https://www.cfa.ca/wp-content/themes/plumbing-child/ctc-style.css;
            [cfa_ca_head_mini_css] => https://www.cfa.ca/wp-content/themes/plumbing-child/cfa.ca.head.mini.css;
            [chld_thm_cfg_parent] => https://www.cfa.ca/wp-content/themes/plumbing/style.css;
            [plumbing-font] => //fonts.googleapis.com/css?family=Roboto:300,400,500,900|Raleway:400,100,200,300,500,600,800,700,900&subset=latin-ext;
            [plumbing-booked] => https://www.cfa.ca/wp-content/themes/plumbing/css/booked3.css;
        )

)

Employment Rules Module 3 – Non-Monetary

Hours of Work

Maximum Daily Limit

The maximum number of hours an employee may work in a day for one employer is:

  • 8 hours (or if the employer has established a regular work day of more than eight hours for the employee, the number of hours in the regular work day); or
  • 8+ hours, subject to electronic/written agreements

º Agreement must exactly state how many hours over 8 in a day the employee will be permitted to work, and the employee may not exceed these hours.

Maximum Weekly Limit

The maximum number of hours an employee may work in a week for one employer is:

  • 48 hours; or
  • 48+ hours, subject to electronic/written agreements

º Agreement must exactly state how many hours over 48 in a week the employee will be permitted to work, and the employee may not exceed these hours.

NOTE: Overtime still must be paid.

Electronic/Written Agreements


Requirements for a valid agreement:

  1. Employer provides an information sheet and
  2. Agreement must include a sentence stating that the employee has reviewed the information sheet
    • information sheet can be found here:
      https://www.labour.gov.on.ca/english/es/pubs/hours/
      infosheet.php

Cancelling the Agreement


The employee may cancel the agreement by providing the employer with 2 weeks’ notice in writing/electronically. The
employer may cancel the agreement by providing reasonable notice. Once cancelled, no working excess daily/weekly hours is permitted.

NOTE: Once the agreement is cancelled the employee cannot work the excess hours.

What Counts as “Work Time”?


When an employee is doing his or her job, and they are required to be at the workplace. This may or
may not include travel time.

What Does Not Count as “Work Time”?

  • Eating periods (i.e., lunch);
  • Scheduled sleeping periods (i.e., if an employer is required to provide a place to sleep, this does
    not count as work time); and
  • Private affairs or pursuits (personal phone calls, checking personal e-mails, texting, etc.)

Travel Time vs Commute Time


“Commute time” is not work time.
“Travel time” can be work time:

  • Driving employer’s vehicle to work;
  • Transporting supplies/employees; or
  • Changing work locations.

Training/Orientation


If you require an employee to take training before working, or the law says the employee must have mandatory training, the time spent training does count as work time. Meaning, this time must be paid.
If an employee wants a promotion and must take special training to qualify for the promotion, this time does not count as work time and can be unpaid.

Hours Free From Work

Daily Hours off Work


An employer must provide the employee with at least 11 consecutive hours “off work”. An employer
cannot contract this out.
NOTE: This is not applicable to “on call” employees.

Between Shifts


An employer and employee can make an agreement, electronically or in writing, for less than 8
hours off work between shifts. This limitation does not apply if the total time an employee works on
both shifts is 13 hours or less.

    Example: Natalie works in a restaurant. She is on split shifts, working from 6 a.m. (before noon) to 11 a.m.
    (before midday) and then from 2 p.m. (after midday) to 7 p.m. (after midday) The total time of her two
    shifts is 10 hours.
    Natalie does not need eight hours off between the split shifts, because the hours
    she worked do not exceed 13 hours.

Weekly/Bi-weekly


An employee must receive at least:

  • 24 consecutive hours off work in each work week; or
  • 48 consecutive hours off work in every period of two consecutive work weeks.

Exceptional Circumstances


When the employer is experiencing “exceptional circumstances” it can compel an employee to work
in excess of:

  • 8 hours+ day;
  • 48 hours+ week; or
  • During required “free from work” period.

What are “Exceptional Circumstances?”

  1. Deal with an emergency (natural disaster, fire/flood, accident etc.);
  2. Perform urgent repair work to plan/equipment;
  3. To address an unexpected interruption and in doing so ensure continuous processes or
  4. seasonal operations continue; or
  5. Ensure continued delivery of public services.

What are NOT “Exceptional Circumstances”

  1. Rush orders need to be filled;
  2. Inventory taking;
  3. Another employee is absent and the employer must fill their vacancy or be inconvenienced;
  4. Poor weather slows shipping/receiving;
  5. Seasonal busy periods; or
  6. Routine/scheduled maintenance.

Eating Periods and Breaks


The employer must provide the employee with an eating period after 5 hours of consecutive work.
An eating period may be:

  • 30 minutes; or
  • An agreement with the employee, 2 eating periods within 5 hours (can be oral or written).

Meal breaks are unpaid unless an employer agrees to pay for meal breaks. If a meal break is paid, an employee must not work during this time or it will not count as a meal break.

    Example: Geoff works from 9 a.m. to 5 p.m. He and his employer agree to two eating periods of:

  • 1st break: 10:00 – 10:15 a.m.
  • 2nd break: 12:30 – 12:45 p.m.
  • He has a total of 30 minutes for an eating period within a five-hour window.

Coffee Breaks & Rest Periods


Coffee breaks are optional. If an employee must stay at work during a coffee break, he or she must be paid at least minimum wage for that time.

    Example 1: Susie’s boss lets employees take coffee breaks. Susie is expected to be at work during the coffee break.
    She is paid minimum wage during her coffee break.
    Example 2: James’ boss lets employees take coffee breaks. James is allowed to leave the workplace during his coffee break.
    The employer does not have to pay for that time.

Night Shifts


No restrictions on timing for an employee’s shift. An employer does not have to provide
transportation to/from work if an employee works late.

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Download the Full PDF

This guide should not be used as or considered legal advice. You may have greater rights under an employment contract, collective agreement, or other legislation. This Tool Kit is a source of information about key sections of the ESA that affect our members the most. It is meant to assist you, but is not as detailed as the ESA legislation. If you have questions or concerns regarding the rights and/or obligations of your employees or employers, please consult with a labour lawyer.

Questions?
Contact David Black, Director, Government Relations & Public Relations at dblack@cfa.ca or call 1-800-665-4232 ext. 297.

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Thank you to the following members who are National Sponsors and support CFA throughout the year:

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Canadian Franchise Association (CFA)
116-5399 Eglinton Ave W
Toronto, Ontario
M9C 5K6

T: 416-695-2896
F: 416-695-1950
E: info@cfa.ca
H: Weekdays, 9am-5pm