This FAQ is to further assist and explain your federal entitlements on breaks, how they apply on duty days, and what to do when operational realities get in the way. Please note that this will only apply to flights that do not have crew rest already provided for under the Collective Agreement.
As of June 4, 2024, due to changes to the Canada Labour Code, employees are now entitled to a break of 30 minutes during every period of 5 consecutive hours of work. The break can be divided into two periods of 15 minutes. These new legislative changes will only apply to flights that do not have Crew Rest already provided for under the Collective Agreement. Cabin personnel will be permitted to utilise the crew rest unit for their break on aircraft types where it is available. Bunk kits will not be provisioned on aircraft with a CRU/OFAR for these breaks.
What is the legal break requirement during a duty day?
- You are entitled to an unpaid 30‑minute break during every period of five consecutive hours while on duty.
- If the employer requires you to remain at their disposal during the break (for example, to monitor or respond), the break must be paid. As you are always required in the event of an emergency, these breaks are paid for.
Canada Labour Code, s. 169.1(1).
When should the break be taken?
- The break must fall within each five‑hour window of consecutive duty.
- Scheduling should identify a primary and backup window based on the pairing profile. We believe that this is the responsibility of the employer. Canada Labour Code, s. 169.1(1).
How is this managed operationally on domestic turns and longer duty days?
Pairing design
- Include a protected 30‑minute continuous break or two 15-minute periods within each five‑hour duty period counted from report time.
- Plan around typical taxi, turns, service flow, and irregular operations risk.
In‑flight
- Use rotating coverage so one FA is fully relieved for 30 continuous minutes or two 15-minute periods (temporary reassignment of work responsibilities (i.e. galley and compliance checks).
- Pause or consolidate non‑safety service tasks to keep the break uninterrupted.
On the ground (turns)
- Where ground time permits, take the break during the turn. Efforts should be made to relieve the crew member on break from non‑urgent duties.
Citations: Canada Labour Code, s. 169.1(1). Government guidance: Breaks and rest period.
What about emergencies or unforeseen events?
- An employer may postpone or cancel a break only if necessary to deal with an unforeseen situation that presents an imminent or serious:
- threat to life, health, or safety,
- threat of damage to or loss of property, or
- serious interference with the ordinary working of the establishment.
- Routine workload, full cabins, tight turns, or standard delays do not meet this emergency test.
https://laws-lois.justice.gc.ca/eng/acts/L-2/section-169.1.html
What should I do if it’s difficult or impossible to take a continuous 30‑minute break?
- Notify the lead/purser/SD and coordinate coverage to secure an uninterrupted 30 minutes or two 15-minute periods.
- Document the circumstances, timing, efforts made, and whether any true emergency existed.
- Use union reporting channels for missed or converted (paid) breaks and patterns of non‑compliance.
- Report related fatigue or safety concerns through the safety reporting system and the workplace health and safety committee.
https://laws-lois.justice.gc.ca/eng/acts/L-2/section-169.1.html
Does our collective agreement change any of this?
- The Code sets minimums. If the collective agreement provides superior rights (e.g., guaranteed paid breaks, longer durations, additional protections), those apply and are enforceable through the grievance process.
The Canada Labour Code establishes absolute minimum employment standards (such as minimum wage, statutory leaves, and working hours) for federally regulated workplaces. It operates on a bedrock principle that more favourable benefits or rights always prevail over statutory minimums, whether through an employer policy, employment contract, or collective agreement.
Bottom line for members
- One continuous 30‑minute break within each five consecutive hours of work. Can be split into two periods of 15 minutes
- As the company requires availability during the break, the time is paid
- Only true, unforeseen emergencies allow postponement/cancellation
- If breaks are not provided, please make all efforts to document this. Please report to us if there are ongoing issues. The Component has set up a form which can be found via this link https://accomponent.ca/crew-break-concerns/
Govern yourselves accordingly,
