
Employees in Canada are often unsure about what hours they can claim when travelling for work, and employers are advised to include information about travel time in employment contracts. In general, travel time is not considered work, but there are some exceptions. Travel time is payable when an employee is required to transport work-related items, equipment, or people to the work site. Similarly, if an employee is required to travel between different work sites during the workday, or out of town for a work-related task, that travel time is also payable. When it comes to commuting in a company vehicle, this is usually not considered work time, but if the employee is providing a service to the employer by bringing work items, or if they are asked to pick up co-workers, then this travel time should be paid.
Characteristics | Values |
---|---|
Travel time considered work time | When an employee travels to a remote worksite, between different work sites, or out of town for work-related tasks. Also when an employee transports work-related items or other staff to the worksite. |
Travel time not considered work time | Commuting to and from the usual workplace, even if using a company vehicle or being picked up by the employer/another employee. |
Travel expenses | Food, beverage, lodging, and transportation (excluding personal vehicles) can be deducted as long as certain conditions are met, such as working away from the employer's place of business and having to pay for travel expenses out-of-pocket. |
What You'll Learn
- Travel time is work if an employee is providing a service by bringing equipment to the worksite
- Travel time is payable if an employee is asked to pick up co-workers
- Travel time is payable if an employee is required to meet at a location before being transported to a remote worksite
- Travel time is payable if an employee is sent out of town for work
- Travel time is not payable if an employee is commuting to their usual workplace
Travel time is work if an employee is providing a service by bringing equipment to the worksite
When discussing work-related travel time and its eligibility for compensation in Canada, one specific scenario to consider is when an employee is tasked with bringing equipment to the worksite. In such cases, it is important to understand that travel time can indeed be considered work time, and thus, eligible for appropriate remuneration.
In the context of Canadian labor laws, travel time refers to the hours spent by an employee traveling to and from a worksite or job location. This includes both the time spent traveling to reach the initial worksite at the beginning of the work day, as well as any travel to subsequent worksites throughout the workday. If an employee is required to transport equipment to these worksites, that travel time is considered part of their working hours.
For example, consider a technician who needs to bring specialized tools or equipment to a client's location to perform a service. The time they spend traveling to and from their home or office to the client's site, while also transporting the required equipment, is considered working time. This is because they are providing a service to the employer by ensuring the necessary equipment is available at the worksite. Similarly, if an employee is required to pick up or drop off equipment or materials as part of their job duties, that travel time is also compensable.
It is important to distinguish this scenario from simple commuting, where employees travel to and from their regular workplace. Regular commuting time is generally not considered work time and is therefore not compensated. However, when employees are tasked with bringing equipment to a worksite, it adds a distinct element to their travel, transforming it into a necessary part of their job duties. As a result, this travel time becomes eligible for remuneration, and employers should include it when calculating the employee's total work hours for payroll purposes.
In summary, when an employee is providing a service to their employer by bringing equipment to a worksite, the travel time associated with that task is considered work time under Canadian labor laws. Employers should be aware of these regulations to ensure they are properly compensating their employees for all hours worked, including travel time that directly contributes to the job at hand. This ensures compliance with labor regulations and fair treatment of employees for their time and efforts.
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Travel time is payable if an employee is asked to pick up co-workers
In British Columbia, Canada, travel time is payable if an employee is asked to pick up co-workers. This is the case even if the employee does not pick up their co-workers from their residences and instead meets them at a designated location. This rule also applies to farm workers. However, it is important to note that employees do not need to be paid their usual hourly rate for travel time, but they must be paid at least the minimum wage.
The British Columbia Employment Standards Act outlines that the time spent travelling to and from work is generally not considered work time. This applies even if the employee drives a company vehicle or is picked up by a co-worker or employer. However, there are exceptions to this rule. For example, if an employee is transporting work-related materials, supplies, equipment, or tools to the work site, their travel time should be compensated.
In addition to the scenario of picking up co-workers, travel time is also payable when employees travel between different work sites during a workday. This is considered part of the paid workday. Furthermore, if employees are required to meet at a specific location and take transportation to a remote work site, the trip from the meeting point to the work site is considered paid travel time. This is applicable for various industries, such as logging or farming.
It is recommended for employers in British Columbia to include information about travel time in employment contracts to avoid disputes regarding eligibility for payment. While travel time is not typically considered work hours, there are specific circumstances, such as those mentioned above, where it is payable. This ensures that employees are fairly compensated for their time and contributions to the business.
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Travel time is payable if an employee is required to meet at a location before being transported to a remote worksite
In Canada, travel time is generally not considered work time or "hours worked" for the purposes of the Canada Labour Code. However, there are certain scenarios where travel time is considered compensable work time. One such scenario is when an employee is required to meet at a designated location before being transported to a remote worksite. In this case, the travel time from the designated meeting point to the remote worksite would be considered work time and should be compensated accordingly.
This interpretation is supported by the definition of "work" provided by the Canada Labour Code, which states that an employee is performing "work" when they are on "travel time required by the employer." This indicates that if the employer mandates a specific meeting location before travelling to a remote site, the travel time from that point onwards would be considered work time.
Additionally, the Canada Revenue Agency (CRA) provides guidelines for remote work locations, which can also help clarify this situation. The CRA considers a work location to be remote if it is 80 kilometres or more from the nearest established community with a population of at least 1,000 people. If the worksite meets this criterion, then the travel time from the designated meeting point to the remote worksite would likely be included in the calculation of hours worked.
It is important to note that there may be industry-specific regulations or collective agreements in place that further define travel time as hours worked. These should be considered on a case-by-case basis. Additionally, when it comes to claiming travel expenses, employees can deduct transportation expenses (excluding motor vehicle expenses) if they meet certain conditions, such as working away from their employer's place of business or having to pay their own travel expenses as per their employment contract.
In summary, if an employee is required to meet at a specific location before being transported to a remote worksite, the travel time from that designated meeting point onwards would be considered compensable work time in Canada. This interpretation is supported by the Canada Labour Code's definition of "work," as well as the CRA's guidelines for remote work locations.
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Travel time is payable if an employee is sent out of town for work
In Canada, travel time is generally not considered work time. However, there are specific scenarios where travel time is payable, and one of those scenarios is when an employee is sent out of town for work.
Travel Time as Work Time
The interpretation of "work" is essential in determining whether travel time is considered work time. According to the Canada Labour Code, an employee is generally performing "work" when they are on a trial period or training required by the employer, on travel time required by the employer, or at the employer's disposal at the worksite.
Scenarios for Payable Travel Time
In British Columbia, the Employment Standards Act outlines several scenarios where travel time is considered payable. One of those scenarios is when employees are sent out of town for work. Here are some specific examples:
- Travel to a remote worksite: If employees are required to meet at a designated location and then take transportation to a remote worksite, the time spent travelling from the meeting point to the worksite is considered paid travel time. This scenario applies to various industries, including logging and agriculture.
- Travel between worksites: Employees who need to travel between different work sites during a workday are entitled to have their travel time considered part of the paid workday. This scenario is common when employees have multiple job sites to visit within the same day.
- Travel for meetings, conferences, or work-related tasks: When an employee must travel out of town for a meeting, conference, or any other work-related task, their travel time should be compensated. This provision applies regardless of the mode of transportation, whether by road or air.
Employee Rights and Expenses
It is important to note that employees have the right to claim reimbursement for travel expenses incurred while working away from their employer's place of business or in different places. These expenses can include food, beverages, lodging, and transportation (excluding personal motor vehicle expenses). To claim these expenses, employees must meet specific conditions, such as having a contract that stipulates they pay their travel expenses and maintaining proper records.
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Travel time is not payable if an employee is commuting to their usual workplace
In Canada, travel time is generally not considered work time and is therefore not compensated. This includes commuting to and from an employee's usual workplace, even if the employee starts and ends their day at their residence.
However, there are certain circumstances in which travel time may be considered compensable work time. These include:
- If an employee or student intern takes a company vehicle home in the evening for the employer's convenience.
- If the employer requires the employee to transport other staff or supplies to or from the workplace or work site.
- If an employee has a usual workplace but their employer requires them to travel to another location to perform work.
- If the employer requires the employee to travel to different sites to carry out their functions, not using the employer's vehicle.
Additionally, if an employee performs significant work at home prior to commuting, such as calling or emailing clients, completing work-related paperwork, or mapping out assignments, this may make the commute time compensable. It is important to note that the time spent performing these work-related activities at home is always compensable, even if the commute itself is not.
When it comes to driving as part of the job, employees who drive from job site to job site must be paid for the time spent driving between locations. The same is true for employees who drive to a special assignment in another city and return the same day, minus the time they would normally spend on their regular commute.
For overnight trips to another city, employees must be compensated for drive time that occurs during their normal working hours on their regular workdays or the same hours on their non-workdays. If the employee is required to drive to the assignment, then drive time outside of regular working hours must also be compensated.
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Frequently asked questions
Commuting time is the time it takes to travel to and from work, which is generally not considered work time. Travel time refers to the time spent travelling during the workday or for work purposes, which is often considered work time and may be compensated.
Commuting time may be considered work time in the following cases:
- If an employee takes a company vehicle home in the evening for the employer's convenience.
- If an employee is required to transport other staff, supplies, or equipment to or from the workplace.
- If an employee has a usual workplace but is required to travel to another location to perform work.
Travel time is often considered work time when:
- An employee is travelling between different work sites during the workday.
- An employee is required to meet at a specific location and take transportation to a remote worksite; the time from the meeting point to the worksite is typically paid travel time.
- An employee is sent out of town for a meeting, conference, or other work-related tasks, regardless of the mode of transportation.
Yes, there may be exceptions depending on industry-specific regulations or collective agreements. For example, some industries may allow travel time as hours of work on a case-by-case basis.
To claim travel expenses in Canada, you must meet certain conditions:
- You typically work away from your employer's place of business or in different places.
- Your employment contract states that you are responsible for paying your travel expenses.
- You did not receive a non-taxable allowance for your travel expenses, and the allowance amount is reasonable.
- You have a completed Form T2200, Declaration of Conditions of Employment, from your employer.
You can then deduct transportation, food, and beverage expenses on the appropriate forms, such as Form T777, Statement of Employment Expenses.