Standards for Work-Integrated Learning Activities Regulations — 7
Adaptations 7 (1) For the application of the provisions of Part III of the Act set out in section 5 and subsection 7 (2) of these Regulations and the provisions of the Canada Labour Standards Regulations set out in section 6 and subsection 7 (3) of these Regulations (a) a reference to an “employee” in those provisions, except for the provisions referred to in paragraph 7 (2)(e) of these Regulations, is to be read as a reference to a person referred to in subsection 167(1.2) of the Act; (b) a reference to an “employer” in those provisions is to be read as a reference to the employer referred to in subsection 167(1.2) of the Act; (c) a reference to “employment”, “work”, “job” or “job function” in those provisions, except for the provisions referred to in paragraph 7 (2)(e) of these Regulations, is to be read as a reference to the activities referred to in subsection 167(1.2) of the Act; and (d) a reference to “dismiss”, “dismissed”, “dismissing” or “dismissal” in those provisions is to be read as a reference to the employer ending the activities referred to in subsection 167(1.2) of the Act. Part III of the Act (2) The following provisions of Part III of the Act are adapted as follows for the purpose of applying them to the persons referred to in subsection 167(1.2) of the Act and, in relation to those persons, the employer: (a) paragraph 169(1)(a) is to be read without reference to the word “standard”; (b) subsection 169(3) (i) is to be read without reference to the words “that under Division V entitle an employee to holidays with pay in that week”, and (ii) is adapted such that the phrase “the standard hours of work” is to be read as “eight hours”; (c) subsection 169.1(1) is to be read without reference to its second sentence; (d) subsection 170(2) is to be read as follows: (2) An employer may, in respect of an employee, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in paragraph 169(1)(a) if (a) the average hours of work for a period of two or more weeks does not exceed 40 hours a week; and (b) the schedule, or its modification or cancellation, has been approved by the employee in writing. (e) subsection 171(1) is adapted as follows: 171(1) A person referred to in subsection 167(1.2) who is also an employee of the employer referred to in that subsection may be employed in excess of the hours of work referred to in paragraph 169(1)(a). However, the total hours of work and performance of activities referred to in subsection 167(1.2) must not, subject to section 172, exceed 10 hours in a day and 48 hours in a week. (f) subsection 172(2) is to be read as follows: (2) An employer may, in respect of a person referred to in subsection 171(1), establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 if (a) the average hours of work for a period of two or more weeks does not exceed 48 hours a week; and (b) the schedule, or its modification or cancellation, has been approved by the person in writing. (g) section 173 is to be read without reference to the words “Except as may be otherwise prescribed by the regulations”; (h) subsection 173.01(2) must be read without reference to the words “Subject to subsection (3)”; (i) section 192 is to be read without reference to the words “with pay”; (j) subsection 193(2) is to be read without reference to the words “with pay”; (k) subsection 195(2) is to be read as follows: (2) An employer may, in respect of an employee, substitute any other day for a general holiday, and the substituted day, for that employee, is deemed to be a general holiday if the substitution has been approved by the employee in writing. (l) subsection 204(1) is to be read without reference to the words “or reassign her to another job”; (m) subsection 205(1) is to be read without reference to the words “or reassign her”; (n) subsection 205(2) is to be read without reference to the words “with pay at her regular rate of wages”, “or