Predictive Scheduling Laws by Province: What You Need to Know

As an HR specialist or scheduling manager in Canada, staying compliant with provincial labour laws is essential. Not only is it critical for the well-being of employees, but it also ensures smooth on-going operations.

This is where predictive scheduling comes in. Although this concept is more established in the United States, Canadian provinces are increasingly introducing similar fair scheduling regulations. 

Understanding and following these rules can help prevent damaging labour disputes and make scheduling employees more efficient. Let’s dive in!

 

What is Predictive Scheduling?

First off, predictive scheduling is a scheduling approach that gives employees a predictable schedule, ie., they receive it with advanced notice to avoid any last-minute shift surprises. Laws enforce these rules to create fairness in scheduling for both employees and employers. 

These laws are designed to provide your staff with more certainty to their work life, allowing them to better manage work-life balances like childcare, education, and other personal commitments.

The Pros and Cons

Improved scheduling practices is a no-brainer, as it leads to higher staff satisfaction and thus higher retention rates. However, with these benefits comes a bit of work. We’ll dive into the pros and cons so you can understand how to properly implement scheduling best practices. 

Pros

Better Predictability: Predictive scheduling laws provide both employees and employers with a steady outlook for how work is planned. As mentioned before, this predictability allows workers to better plan their lives, and meet that work-life fit they’re striving for. 

For employers, this also means that you’ll have a better handle on demand planning and forecasting. The need for greater predictability in scheduling will help your business hone in on better labour demand planning activities. 

Improved Work-Life Balance: With schedules set well in advance, employees can make informed decisions about how to allocate their time outside of work. This can lead to a better quality of life, as workers have the flexibility to plan social activities, hobbies, and rest periods without the fear of sudden work obligations.

Cons

Operationally Rigid Structures: A major challenge most businesses face with abiding by predictive scheduling laws is the need for more rigid scheduling structures. In industries like manufacturing, hospitality, or healthcare, where demand can fluctuate unexpectedly, the ability to make last-minute staffing adjustments is usually required.

To overcome this, build in notices like on-call staffing measures in the schedule. This can give you power to provide employees notice about working if it’s busy. Providing the business with flexibility to meet higher forecasted demand. Be aware though that some regulations are starting to require a compensation for on-call employees who get cancelled.

Increased Administrative Burden: Compliance with predictive scheduling laws requires time for you to plan and record-keep. If you’re in HR, this could fall on you. This not only includes developing scheduling further in advance, but also communicating scheduling changes properly and in accordance with laws. Schedule changes and important notifications of these changes is a major element in several provinces in Canada.

Scheduling software is a great solution to this increased administrative load on you or other staff members. Not only can it help better plan scheduling needs with labour forecasting and auto-scheduling, but also facilitate shift swaps, leave management, and more! 

Less flexibility: Ironically enough predictive scheduling regulations can also affect workers’ work-life balance negatively at times. As workers value flexibility and ownership of their schedules, these more rigid rules may take away their ability to request some last-minute changes like shift-swaps as their coworkers would not have been notified early enough. 

Loss of income: As employers also cannot open last minute shifts, this means less work offered to employees, therefore generating a loss of potential income. This is seen as one of the biggest tradeoffs, along with a loss of productivity in peak moments, of predictive scheduling. 

Recommended Reading: Complete Guide to Nurses’ Schedules in Healthcare

 

Where do Predictive Scheduling Laws Apply in Canada?

In short, Canada has yet to implement a “Predictive Scheduling” law or regulation at the federal level. There are a number of provinces that have similar employee regulations in regards to fair scheduling practices and schedule notice. 

Here’s a breakdown of relevant laws by province:

1. British Columbia

In British Columbia, the Employment Standards Act (ESA) includes provisions that outline what could be considered predictive scheduling laws. 

More specifically, the ESA mainly discusses work hours, and required time off for employees. It does not provide advanced scheduling notice guidelines or requirements. 

However, employers can make shift changes or cancel shifts at any time before an employee has started work. 

2. Alberta

Alberta’s Employment Standards Code includes provisions that are more specific to schedule notice than British Columbia. 

Specifically, employers must post notice by a reasonable method, and give at least 24 hours written notice for any shift changes, with minimum 8 hours of rest in between.

Exceptions to these rules can apply in emergency situations or for certain industries.

3. Saskatchewan

Saskatchewan’s ESA goes beyond both BC and Alberta in regards to scheduling notice regulations for employees. 

It states that “Employers must provide work schedules to their employees at least one week before the schedule starts. An employer can change an employee’s schedule with less than one week of advance notice if unexpected, unusual or emergency circumstances arise.”

Work schedules provided must also extend up to 7 days in a row, minimum. 

4. Manitoba

Manitoba’s ESA is similar to that of British Columbia. There is minimal guidance or requirements to provide a schedule a certain number of days or hours in advance. Employers can change work schedules at any time.

5. Ontario

Ontario’s approach to worker scheduling is outlined in the Fair Workplaces, Better Jobs Act, which amended the Employment Standards Act, 2000. 

Ontario has extensive regulations and protections in place for employees when it comes to scheduling notices. There are many details related to shift changes and schedule notice. While there are no provisions specifically about providing a schedule in advance there are other details about shift changes that must be followed.

Employers are required to provide employees with a minimum of three days’ notice for shift changes. If an employer fails to provide this notice, they must compensate the employee with three hours of pay at their regular rate.

Employees also have the right to refuse shifts, if notified less than 96 hours (four days) in advance.

6. Quebec 

Quebec’s Labour Standards Act governs employment law, including working hours and schedule notices. 

Similar to Ontario, Quebec doesn’t have employment laws around scheduling notice, unless it involves a schedule change. 

Employers are required to provide reasonable notice to employees regarding changes in their work schedules. 

While the law does not define a specific timeframe, “reasonable” typically means sufficient notice that allows employees to adjust their personal lives accordingly.

5. Other Provinces

The remaining provinces in the East Coast have vague or no provisions in their respective ESA documentation that specify the need for scheduling notices. including: 

• Nova Scotia;
• New Brunswick;
• Newfoundland and Labrador.

While some do have provisions for schedule changes, there are less protections for employees in those provinces. 

This does not exempt employers from adhering to general labour standards related to fair scheduling practices, such as providing reasonable notice and ensuring that employees are treated equitably.

Recommended Reading: Retail Scheduling: Modern Tips Beyond Boring Spreadsheets and Snapchat

 

Final Thoughts

While Canadian provinces may not have specific ‘predictive scheduling’ laws like in the United States, there are still specific notices and regulations you may have to follow, depending on your province. 

And beyond regulations, your employees are going to appreciate you providing advanced scheduling notice. While the regulations may not obligate you to do so, higher turnover can be an easy predictor of unhappy employees. Scheduling can be a reason for that. Make sure to schedule fairly, your team will thank you and the business can operate with more predictability.

Evolia offers these guidelines as a first step to understanding predictive scheduling regulations. When in doubt, we always recommend consulting your legal team.