# J33 Return to Work, Accommodation and Hours of Work > Fire Service Safety Management System, version 0.3.3 (2026-10-25). The Human Factor. Document FSSMS-JUR-33. > > Canonical: https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work > > Licence: CC BY-NC-SA 4.0 with the Adopting Agency Grant (https://creativecommons.org/licenses/by-nc-sa/4.0/) > > General information only, not legal, medical or other professional advice. Verify every requirement against the current official text of the law, standards and manufacturer instructions that apply to you. Obtain your own legal review and consult your joint health and safety committee before adopting anything. You adopt, adapt, implement and rely on this material entirely at your own risk and on your own responsibility. Full terms: Terms of Use, thehumanfactor.ca. > **Warning: Law changes; verify before you rely on this page** > > This page summarizes what each jurisdiction’s law requires on this topic as of 2026-10-23. It is general information, not legal advice. Accommodation and fitness-standard decisions turn on their facts; get advice on any individual case. Check the official text for your jurisdiction before you adopt or rely on anything here. See [00a Copyright, Licence and Legal Notices](https://thehumanfactor.ca/library/fire-service-safety/copyright-licence-and-legal-notices). ## What this topic covers Three bodies of law decide whether an injured, ill or fatigued member works, and how. Workers’ compensation statutes impose a duty on the employer and the worker to co-operate in an early and safe return to work and, in most provinces, an obligation to re-employ, with penalties for failing. Human rights statutes require accommodation of disability to the point of undue hardship, and allow a job requirement that screens people out only if it is a bona fide occupational requirement under the three-step test the Supreme Court of Canada set in a case about a forest firefighter. Employment standards statutes and, in Ontario, the fire services statute set hours of work, rest periods and days off, with special rules or exclusions for firefighters in several jurisdictions. ## Why it matters to a fire department Firefighting has heavy physical and medical demands, so departments set fitness, medical and vision standards, and every one of them is open to a human rights challenge if it is not tied to the real job and applied to the individual. The leading case on job standards began with a forest firefighter who failed an aerobic test that had not been shown to be necessary for the work (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). Return to work after an injury is harder than in most workplaces because there is no “light” emergency response, so a department needs a planned set of modified duties (training support, inspections, education, apparatus checks, dispatch) and a process that meets both the compensation duty and the human rights duty. Twenty-four-hour shifts, callbacks and volunteer call-outs raise fatigue questions that employment standards law answers differently in each jurisdiction. Some statutes take firefighters out of their hours rules, and volunteers usually fall outside them, which leaves the collective agreement and the occupational health and safety duty as the controls. ## What every department must cover, wherever it is 1. Know the compensation duty to co-operate: contact the member early, keep in touch, identify suitable work that restores pre-injury earnings where possible, and give the board what it asks for. Know the penalty for failing (see your jurisdiction below). 2. Know whether the re-employment obligation applies: the number of workers the employer must have, the service the member must have, how long the obligation lasts, the duty to accommodate within it, and the presumption that a dismissal soon after return is a breach (see your jurisdiction below). 3. Keep a written return-to-work procedure and a catalogue of modified duties that do not involve emergency response, with a graduated return to operational duties tied to the treating professional’s restrictions and a fitness-for-duty check ([J10 Privacy and Health Information](https://thehumanfactor.ca/library/fire-service-safety/j10-privacy-and-health-information) for medical information). 4. For volunteers, know who carries the return-to-work duty: in some jurisdictions it is the member’s regular employer, and in several the duty does not apply at all. Provide a graduated return to response duties by policy anyway (see your jurisdiction below and [J11 Volunteer Firefighters](https://thehumanfactor.ca/library/fire-service-safety/j11-volunteer-firefighters)). 5. Accommodate disability, including mental illness and, where your statute or commission treats it as a disability, substance dependence, to the point of undue hardship. Document the process (what was asked, the options considered and why they were rejected, the member’s input, the union’s involvement) as well as the result (see your jurisdiction below). 6. Test every fitness, medical, vision, hearing or age-related standard that screens members out against the three steps (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999): - **Step 1.** It was adopted for a purpose rationally connected to the performance of the job. - **Step 2.** It was adopted in an honest and good faith belief that it was necessary to fulfil that purpose. - **Step 3.** It is reasonably necessary to accomplish that purpose, which means showing it is impossible to accommodate individuals who share the member’s characteristics without undue hardship. Validate the standard against the tasks members actually perform, assess people individually, and consider whether a different standard or an alternative way to perform the task would do. 7. Treat harassment on a protected ground as both a human rights and an occupational health and safety matter ([J27 Workplace Harassment](https://thehumanfactor.ca/library/fire-service-safety/j27-workplace-harassment)). 8. Know the hours-of-work rule that reaches your members: whether the employment standards statute applies to firefighters, any maximum shift length, required rest between shifts, the weekly day off, any platoon rule in a fire statute, and the emergency exceptions. Where firefighters are excluded, manage fatigue under the occupational health and safety general duty and the department’s fatigue policy (see your jurisdiction below and [J28 Psychological Health and Safety](https://thehumanfactor.ca/library/fire-service-safety/j28-psychological-health-and-safety)). 9. Where a collective agreement sets schedules, check that it does not fall below a statutory minimum that still applies, and that callbacks and overtime do not erode the rest the schedule assumes. ## At a glance | Jurisdiction | Return-to-work duty and penalty | Re-employment obligation | Accommodation and BFOR | Hours-of-work rule for firefighters | Verified | |:---|:---|:---|:---|:---|:---| | British Columbia | Co-operate [(Workers Compensation Act \[BC\], 2019, s. 154.2)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-bc); penalty up to the maximum wage rate (s. 154.5) | 12 months’ service, 20+ workers, up to 2 years (s. 154.3) | Human Rights Code s. 13(4) | Paid firefighters excluded from the hours and overtime Part; volunteers from Parts 4-8 (ESR ss. 33-34) | Yes | | Alberta | Co-operate [(Workers’ Compensation Act \[AB\], 2000, s. 89.2)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-ab); administrative penalty (s. 152.1) | None | Human Rights Act ss. 7(3), 11 | Shifts of 24 hours at most; no work for 24 hours after a 24-hour shift; emergency exception (ESR ss. 43.7-43.75) | Yes | | Saskatchewan | Co-operate [(The Workers’ Compensation Act, 2013 \[SK\], 2013, s. 53)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-workers-compensation-act-2013-sk); fine up to \$1,000 (s. 54) | None found | Saskatchewan Human Rights Code, 2018 | Platoons and 24-hour shifts by regulation [(The Saskatchewan Employment Act \[SK\], 2013, s. 2-22)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-saskatchewan-employment-act-sk); 8 hours’ rest in 24, emergency exception (s. 2-13) | Partly | | Manitoba | Re-employment duty; penalty up to a year’s net average earnings [(The Workers Compensation Act \[MB\], 2026, s. 49.3(15))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-workers-compensation-act-mb) | 12 months, 25+ workers; casual emergency workers excluded (s. 49.3) | Human Rights Code ss. 9(1)(d), 12, 14 | No firefighter rule; overtime only by consent or in an emergency (ESC s. 19) | Yes | | Ontario | Co-operate [(Workplace Safety and Insurance Act, 1997 \[ON\], 1997, s. 40)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workplace-safety-and-insurance-act-1997-on); penalty a share of claim costs (s. 86) | 1 year’s service, 20+ workers, to the 2nd anniversary at most (s. 41) | Human Rights Code ss. 11, 17, 24 | Salaried firefighters: platoon systems, 48-hour average, one day off a week (FPPA s. 43); employment standards hours and overtime do not apply | Yes | | Quebec | Temporary assignment (LATMP s. 179); no sanction for an injury (s. 32) | Return within 1 year (20 or fewer workers) or 2 years (more than 20) (s. 240) | Charter ss. 10, 16, 20 | No firefighter rule; right to refuse beyond 14 hours in 24 or 50 a week, except in danger (LSA s. 59.0.1) | Yes | | New Brunswick | Re-employment duty with administrative penalty [(Workers’ Compensation Act \[NB\], 1973, ss. 42.4-42.5)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-nb); firefighter reinstatement [(Firefighters’ Compensation Act \[NB\], 2009, s. 41)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-firefighters-compensation-act-nb) | 12 months; 1 year (under 20 workers) or 2 years (20+) | Human Rights Act ss. 2.2, 4 | No daily or weekly limit (ESA s. 14); 24-hour weekly rest except emergencies (s. 17) | Yes | | Nova Scotia | Co-operate since 2025-07-15; penalty up to the full cost of the claim (Workers’ Compensation Act \[NS\], 1994-95, s. 89A) | Not confirmed | Human Rights Act ss. 5, 6(f) | No OHS hours rule; Labour Standards Code application not confirmed | Partly | | Prince Edward Island | Co-operate [(Workers Compensation Act \[PE\], 1988, s. 86)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-pe); penalty up to compensation and costs | 12 months, 20+ workers, up to 2 years or age 65; not for volunteers (ss. 86.1-86.11) | Human Rights Act | Employment Standards Act repealed and replaced in 2024 | Partly | | Newfoundland and Labrador | Co-operate (Workplace Health, Safety and Compensation Act, 2022 \[NL\], 2022, s. 100); penalty up to benefit costs | 1 year’s service, 20+ workers, up to 2 years (s. 101) | Human Rights Act, 2010 s. 14 | 8 consecutive hours off in every 24 except imminent hazard; 24 hours’ weekly rest except emergencies (LSA ss. 22-23) | Yes | | Yukon | Co-operate (WSCA s. 117) | 1 year’s service, 20+ workers; volunteer brigade members excluded (s. 118) | Human Rights Act | Employment standards not read | Partly | | Northwest Territories | Worker co-operation only; no employer re-employment duty found | None found | Human Rights Act | Impairment policy including fatigue [(Occupational Health and Safety Regulations \[NT\], 2024, s. 35.1)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-regulations-nt); employment standards not read | Partly | | Nunavut | Same as Northwest Territories | None found | Human Rights Act | Impairment policy including fatigue [(Occupational Health and Safety Regulations \[NU\], 2021, s. 35.1)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-regulations-nu); labour standards not read | Partly | | Federal | Federal private sector: return where reasonably practicable [(Canada Labour Code \[CA\], 1985, s. 239.1)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-canada-labour-code-ca) | Same | Canadian Human Rights Act ss. 7, 15, 25 | 8 hours a day and 40 a week; 48-hour maximum; 8 hours’ rest; emergency exceptions [(Canada Labour Code \[CA\], 1985, Part III)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-canada-labour-code-ca) | Yes | ## British Columbia **Law.** Workers Compensation Act, ss. 154.1 to 154.6 [(Workers Compensation Act \[BC\], 2019, ss. 154.1-154.6)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-bc); Human Rights Code, s. 13 [(Human Rights Code \[BC\], 1996, s. 13)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-code-bc); Employment Standards Regulation, ss. 33 and 34 [(Employment Standards Regulation \[BC\], 2026, ss. 33-34)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-regulation-bc); Occupational Health and Safety Regulation, s. 31.6 [(Occupational Health and Safety Regulation \[BC\], 2026, s. 31.6)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-regulation-bc). **What must be covered.** - **Duty to co-operate** [(Workers Compensation Act \[BC\], 2019, s. 154.2)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-bc): the employer contacts the injured worker as soon as practicable and keeps in touch, identifies suitable work that restores pre-injury wages where possible, gives the Board the information it needs, and does anything else the Board requires; the worker has matching duties, and the Board may cut the worker’s compensation for non-compliance. Contact duties do not apply where contact would imperil or delay recovery. - **Duty to maintain employment** (s. 154.3): for a worker with 12 months’ continuous full- or part-time service, where the employer regularly employs 20 or more workers. The employer offers the first suitable work that becomes available, or the pre-injury or comparable work once the worker can do its essential duties, and must change the work or workplace to accommodate “to the point of undue hardship”. The obligation ends on the second anniversary of the injury. A termination within 6 months of return is deemed a failure unless the employer shows it was unrelated to the injury. - **Penalties.** An administrative penalty of up to the maximum wage rate (s. 154.5), and the Board may pay the worker for up to one year (s. 154.3(12)). The statutory duties prevail over a collective agreement that gives less, except on seniority (s. 154.4). - **Accommodation.** No discrimination in employment because of physical or mental disability or other listed grounds [(Human Rights Code \[BC\], 1996, s. 13(1))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-code-bc), except for a limitation based on a bona fide occupational requirement (s. 13(4)), which must meet the three-step test (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Hours of work.** The hours of work and overtime Part of the Employment Standards Act does not apply to “a fire fighter employed by a paid fire department as defined in the Fire Department Act” [(Employment Standards Regulation \[BC\], 2026, s. 34(k))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-regulation-bc). Section 16 and Parts 4 to 8 of that Act do not apply to “an auxiliary or volunteer fire fighter employed by a fire department that is organized by a municipality or regional district” (s. 33(1)(c)). At incidents, the incident commander must provide for rest and rehabilitation [(Occupational Health and Safety Regulation \[BC\], 2026, s. 31.6)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-regulation-bc). **Fire-service nuance.** - The duty to maintain employment does not apply to a person who is a worker only because the Act deems them one (s. 154.3(2)(a)); check whether that captures the department’s volunteers. - The leading case arose here, from a provincial aerobic standard for forest firefighters that failed because the research behind it described test subjects, mostly men, without showing the minimum capacity actually needed to do the job safely (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). Validate any fitness test against the actual tasks and check whether it screens out women or other groups without need. - With career firefighters outside the employment standards hours rules, schedules come from the collective agreement and fatigue is managed under the general duty. **Status.** Verified against the official text on 2026-10-23 (Act consolidated to 2026-10-13; Code to 2026-10-13; Regulations to 2026-10-20). Volunteer status under s. 154.3(2)(a) not confirmed. ## Alberta **Law.** Workers’ Compensation Act, ss. 89.2 and 152.1 [(Workers’ Compensation Act \[AB\], 2000)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-ab); Alberta Human Rights Act, ss. 7 and 11 [(Alberta Human Rights Act \[AB\], 2000)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-alberta-human-rights-act-ab); Employment Standards Regulation, ss. 43.7 to 43.75 [(Employment Standards Regulation \[AB\], 2026, ss. 43.7-43.75)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-regulation-ab). **What must be covered.** - **Duty to co-operate.** The employer of an injured worker shall co-operate with the Board and the worker in efforts to achieve the early and safe return of the worker to their employment [(Workers’ Compensation Act \[AB\], 2000, s. 89.2)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-ab). The Board may impose an administrative penalty for a contravention, for each day it continues (s. 152.1). - **Re-employment.** No statutory re-employment obligation is in the current consolidation. - **Accommodation.** No employer shall refuse to employ or discriminate in employment because of physical or mental disability or other listed grounds [(Alberta Human Rights Act \[AB\], 2000, s. 7(1))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-alberta-human-rights-act-ab), except for a bona fide occupational requirement (s. 7(3)); a contravention is deemed not to have occurred if it was reasonable and justifiable in the circumstances (s. 11). Both defences are read through the three-step test (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Hours of work.** For a firefighter “regularly employed by a municipality or a Metis settlement in its fire service and assigned to active duty” [(Employment Standards Regulation \[AB\], 2026, s. 43.7)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-regulation-ab), Division 10 replaces the Code’s general hours rules (s. 43.72): - a shift may not exceed **24 hours** (s. 43.73(2)); - after a 24-hour shift, no work may be scheduled to begin within the next **24 hours** (s. 43.73(3)); - both limits give way in an emergency or in unforeseen or unpreventable circumstances (s. 43.74); - overtime is time beyond the greater of the scheduled shifts and an average of 44 hours a week over the work cycle, up to 26 weeks (s. 43.75). **Fire-service nuance.** - The firefighter Division covers members “regularly employed”; volunteers and casual paid-on-call members are not within it (interpretation). Their call-out load is a fatigue question under the occupational health and safety duty ([J28 Psychological Health and Safety](https://thehumanfactor.ca/library/fire-service-safety/j28-psychological-health-and-safety)). - With no re-employment obligation in the current Act, the co-operation duty, the human rights duty and the department’s own return-to-work policy carry the load. **Status.** Verified against the official text on 2026-10-23 (Act consolidated to 2025-12-18; Human Rights Act to 2023-04-01; Regulation to 2026-01-01). ## Saskatchewan **Law.** The Workers’ Compensation Act, 2013, ss. 53 and 54 [(The Workers’ Compensation Act, 2013 \[SK\], 2013, ss. 53-54)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-workers-compensation-act-2013-sk); The Saskatchewan Human Rights Code, 2018 [(The Saskatchewan Human Rights Code, 2018 \[SK\], 2018)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-saskatchewan-human-rights-code-2018-sk); The Saskatchewan Employment Act, ss. 2-12, 2-13, 2-22 and 6-87 [(The Saskatchewan Employment Act \[SK\], 2013)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-saskatchewan-employment-act-sk). **What must be covered.** - **Duty to co-operate.** The employer shall co-operate with the board and the worker to achieve the early and safe return of an injured worker [(The Workers’ Compensation Act, 2013 \[SK\], 2013, s. 53)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-workers-compensation-act-2013-sk). Failure is an offence with a fine of up to \$1,000, and the board may order the employer to pay part of the compensation and medical aid (s. 54). - **Re-employment.** No statutory re-employment obligation was found in the Act. - **Accommodation.** The Saskatchewan Human Rights Code, 2018 governs; its employment and occupational requirement sections were not read on the research date. The harassment policy must refer to it and to the right to complain to the Human Rights Commission ([J27 Workplace Harassment](https://thehumanfactor.ca/library/fire-service-safety/j27-workplace-harassment)). - **Hours of work.** - Without consent, no employee may be required to work more than 44 hours a week, except in unexpected, unusual or emergency circumstances [(The Saskatchewan Employment Act \[SK\], 2013, s. 2-12)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-saskatchewan-employment-act-sk). - Eight consecutive hours of rest in every 24 hours, except in emergency circumstances, and one day off a week for employees who usually work 20 hours or more (s. 2-13). - Special rules for firefighters: regulations may authorize firefighter platoons for prescribed employers and allow them to require 24 consecutive hours of work and set other conditions (s. 2-22). The regulations were not read. **Fire-service nuance.** - Career firefighter bargaining units in cities of 20,000 or more whose union constitution prohibits strikes go to binding arbitration [(The Saskatchewan Employment Act \[SK\], 2013, s. 6-87 onward)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-saskatchewan-employment-act-sk), which is where most schedule disputes are settled. - With no statutory re-employment duty, the department’s own return-to-work policy and the human rights duty carry the load. **Status.** Partly verified: the Acts were read (Compensation Act consolidated to 2025-08-07; Employment Act to 2025-12-31); the Human Rights Code and the firefighter platoon regulations were not. ## Manitoba **Law.** The Workers Compensation Act, ss. 18.1 and 49.3 [(The Workers Compensation Act \[MB\], 2026)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-workers-compensation-act-mb); The Human Rights Code, ss. 9, 12 and 14 [(The Human Rights Code \[MB\], 2026)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-human-rights-code-mb); The Employment Standards Code, ss. 10 and 19 [(The Employment Standards Code \[MB\], 2026)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-employment-standards-code-mb); Employment Standards Regulation, s. 9 [(Employment Standards Regulation \[MB\], 2026, s. 9)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-regulation-mb). **What must be covered.** - **Re-employment** [(The Workers Compensation Act \[MB\], 2026, s. 49.3)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-workers-compensation-act-mb): employers with 25 or more workers must offer re-employment to a worker with 12 continuous months of service, until the earliest of the second anniversary of the accident, six months after the worker is fit for pre-accident work, or retirement, and must accommodate the work or workplace to the point of undue hardship. The duty prevails over a collective agreement that gives less (s. 49.3(16)). The employer must notify the board when a worker returns (s. 18.1). - **Penalty.** An administrative penalty of up to the worker’s net average earnings for the year before the accident (s. 49.3(15)). - **Accommodation.** “Discrimination” includes the “failure to make reasonable accommodation for the special needs” of a person based on a protected characteristic [(The Human Rights Code \[MB\], 2026, s. 9(1)(d))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-the-human-rights-code-mb). Employment discrimination is prohibited unless based on “bona fide and reasonable requirements or qualifications” (s. 14(1)), and that defence “does not extend to the failure to make reasonable accommodation” (s. 12). - **Hours of work.** Standard hours are 40 a week and 8 a day, or more where a collective agreement provides (ESC s. 10). An employer has no implied right to require overtime (s. 19(1)) but may require it while an urgent situation threatens life, health, safety, essential or municipal services, or in a declared disaster or emergency (s. 19(2)). The weekly day of rest does not apply while an employee works in such an emergency [(Employment Standards Regulation \[MB\], 2026, s. 9(c))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-regulation-mb). No firefighter-specific hours rule was found. **Fire-service nuance.** - Casual emergency workers, which includes volunteer and paid-on-call firefighters, are excluded from the re-employment duty (s. 49.3(2)(a)). - The 25-worker threshold is higher than in most provinces; small departments inside larger municipalities count the municipality’s workforce (interpretation). **Status.** Verified against the official text on 2026-10-23 (Act consolidated to 2026-10-20; Human Rights Code and Employment Standards Code to 2026-10-21; Regulation current on 2026-10-23). ## Ontario **Law.** Workplace Safety and Insurance Act, 1997, ss. 40, 41 and 86 [(Workplace Safety and Insurance Act, 1997 \[ON\], 1997)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workplace-safety-and-insurance-act-1997-on); Human Rights Code, ss. 5, 11, 17 and 24 [(Human Rights Code \[ON\], 1990)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-code-on); Fire Protection and Prevention Act, 1997, ss. 41 and 43 [(Fire Protection and Prevention Act, 1997 \[ON\], 1997, ss. 41, 43)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-fire-protection-and-prevention-act-1997-on); O. Reg. 285/01 under the Employment Standards Act, 2000, ss. 4, 8 and 9 (When Work Deemed to be Performed, Exemptions and Special Rules \[ON\], 2026). **What must be covered.** - **Duty to co-operate** [(Workplace Safety and Insurance Act, 1997 \[ON\], 1997, s. 40)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workplace-safety-and-insurance-act-1997-on): contact the worker as soon as possible and keep in touch, attempt to provide suitable available employment consistent with the worker’s functional abilities that, where possible, restores pre-injury earnings, and give the board information; the worker has matching duties; disputes go to board mediation and decision within 60 days. The penalty for an employer’s failure is a percentage of the board’s cost of benefits (s. 86). - **Re-employment** (s. 41): for a worker with at least one year’s continuous employment, where the employer regularly employs 20 or more workers. Offer the pre-injury position or comparable work when the worker can do the essential duties, or the first suitable work when they can do suitable work; accommodate to the point of undue hardship (s. 41(6)). The obligation lasts until the earliest of the second anniversary of the injury, one year after the worker is fit for the essential duties, or age 65 (s. 41(7)). A termination within six months is presumed a breach (s. 41(10)). The penalty is up to the worker’s net average earnings for the year before the injury, and the board may pay the worker for up to a year (s. 41(13)). - **Accommodation.** Equal treatment in employment without discrimination because of disability and other grounds, and freedom from harassment by the employer or co-workers on those grounds [(Human Rights Code \[ON\], 1990, s. 5)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-code-on). A person is not discriminated against for being incapable of the essential duties, but no tribunal will find a person incapable unless their needs cannot be accommodated without undue hardship, “considering the cost, outside sources of funding, if any, and health and safety requirements, if any” (s. 17). The same undue hardship test applies to a requirement that excludes a group (s. 11) and to a qualification based on age, sex, record of offences or marital status (s. 24(1)(b), (2)). - **Hours of work.** The fire statute’s labour Part applies to firefighters “regularly employed on a salaried basis”, not to volunteer firefighters (FPPA s. 41(1)). In every municipality of 10,000 people or more, those firefighters, when assigned to firefighting, work a two-platoon system (24 hours on and 24 off, or 10-hour days and 14-hour nights), a three-platoon system (8 on, 16 off), or another system averaging no more than 48 hours a week (FPPA s. 43(1)). No firefighter may be required to be on duty more than 48 hours a week on average (s. 43(3)); each has one full 24-hour day off in every calendar week, not counting the platoon change (s. 43(4)); off-duty hours are free from fire department duties (s. 43(6)); and the chief may call in off-duty firefighters in a major emergency (s. 43(7)). The Employment Standards Act’s limits on hours of work and its rest rules (ss. 17-19), overtime Part and public holiday Part do not apply to firefighters (When Work Deemed to be Performed, Exemptions and Special Rules \[ON\], 2026, ss. 4(1)(a), 8(a), 9(1)(a)). **Fire-service nuance.** - **Volunteers.** The municipality, as deemed employer, need not comply with the co-operation and re-employment duties for a volunteer firefighter; the member’s actual employer must, and the municipality pays that employer’s costs of complying [(Workplace Safety and Insurance Act, 1997 \[ON\], 1997, ss. 40(4)-(4.1), 41(16)-(17))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workplace-safety-and-insurance-act-1997-on). - The FPPA platoon rule is a statutory floor that interest arbitration and collective agreements build on. In municipalities under 10,000, the platoon systems are not required, but the 48-hour average, weekly day off and duty-free off-hours in s. 43(3)-(6) are not limited by population and appear to apply to salaried firefighters there too. - Volunteer firefighters are outside both the FPPA hours rule and the employment standards hours rules; manage their call-out fatigue by policy under the general duty ([J28 Psychological Health and Safety](https://thehumanfactor.ca/library/fire-service-safety/j28-psychological-health-and-safety)). **Status.** Verified against the official text on 2026-10-23 (all Ontario texts consolidated to the e-Laws currency date of 2026-10-20). The reading of s. 43 for small municipalities is an interpretation. ## Quebec **Law.** Act respecting industrial accidents and occupational diseases, ss. 13, 32, 179 and 234 to 240 [(Act respecting industrial accidents and occupational diseases \[QC\], 2026)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-act-respecting-industrial-accidents-and-occupational-diseases-qc); Charter of human rights and freedoms, ss. 10, 10.1, 16 and 20 [(Charter of human rights and freedoms \[QC\], 2026)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-charter-of-human-rights-and-freedoms-qc); Act respecting labour standards, ss. 52, 59.0.1, 78 and 79 [(Act respecting labour standards \[QC\], 2026)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-act-respecting-labour-standards-qc). **What must be covered.** - **Temporary assignment.** The employer may temporarily assign work to an injured worker, using the CNESST form, if the health professional in charge believes the worker can reasonably do it (LATMP s. 179). - **Right to return** (ss. 234-240): a worker who becomes able to do their employment is entitled to be reinstated in preference to others, or reassigned to equivalent employment (s. 236), and a worker able only to do suitable employment is entitled to the first suitable job that becomes available (s. 239). The right lasts **1 year** in an establishment of 20 workers or fewer and **2 years** in one of more than 20, or longer under a collective agreement (s. 240). - **No sanction.** No employer may dismiss, suspend, transfer, discriminate against or refuse to reinstate a worker because of an employment injury or the exercise of rights under the Act (s. 32). - **Accommodation.** No discrimination based on a handicap or other listed ground (Charter s. 10) in hiring, promotion, dismissal or conditions of employment (s. 16); a distinction based on “the aptitudes or qualifications required for an employment” is deemed non-discriminatory (s. 20). A fitness or medical requirement relied on under s. 20 should still be built to pass the three-step test (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Hours of work.** The regular workweek for overtime is 40 hours (LSA s. 52). An employee may refuse to work more than two hours past regular daily hours or more than 14 hours in 24, or more than 50 hours a week, except where there is a danger to the life, health or safety of workers or the population (s. 59.0.1). There is a weekly rest of 32 consecutive hours (s. 78) and a 30-minute meal break after 5 hours, unless a collective agreement provides otherwise (s. 79). No firefighter exclusion was found. **Fire-service nuance.** - Volunteers covered by a filed statement have no right to return to work (s. 13), so a graduated return to response duties is a department policy matter. - The danger exception in s. 59.0.1 reaches emergency operations; the refusal right still applies to routine overtime and to callbacks outside an emergency. **Status.** Verified against the official text on 2026-10-23 (all texts consolidated to 2026-08-12). The application of the three-step test under Charter s. 20 was not checked in case law. ## New Brunswick **Law.** Workers’ Compensation Act, ss. 42.4 and 42.5 [(Workers’ Compensation Act \[NB\], 1973)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-nb); Firefighters’ Compensation Act, s. 41 [(Firefighters’ Compensation Act \[NB\], 2009, s. 41)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-firefighters-compensation-act-nb); Human Rights Act, ss. 2.2 and 4 [(Human Rights Act \[NB\], 2011)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-nb); Employment Standards Act, ss. 14 to 17 [(Employment Standards Act \[NB\], 1982, ss. 14-17)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-act-nb). **What must be covered.** - **Re-employment** [(Workers’ Compensation Act \[NB\], 1973, s. 42.4)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-nb): offer to re-employ a worker with at least 12 continuous months of service who is medically able to do the essential duties or suitable work, and accommodate the work or workplace to the point of undue hardship. The obligation lasts **1 year** where the employer had fewer than 20 workers and **2 years** where it had 20 or more. A dismissal soon after re-employment is presumed a breach unless rebutted. - **Penalty.** An employer that does not comply is liable to an administrative penalty (s. 42.5(4)). - **Firefighters’ Compensation Act.** No penalizing a firefighter employed by the municipality or rural community for a claim, and after at least one year of employment the firefighter is reinstated to the same or an equivalent position or to suitable employment [(Firefighters’ Compensation Act \[NB\], 2009, s. 41)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-firefighters-compensation-act-nb). - **Accommodation.** No discrimination in employment based on a prohibited ground [(Human Rights Act \[NB\], 2011, s. 4(1))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-nb); a limitation is not discriminatory if the Human Rights Commission has determined that it is based on a bona fide requirement or qualification that justifies the difference (s. 2.2). - **Hours of work.** There is no limit on the number of hours an employee may work in a day, week or month (ESA s. 14). Regulations may set the maximum hours at the minimum wage rate, beyond which overtime is due (ss. 15-16). A weekly rest of at least 24 consecutive hours is required, except for an employee who in the Director’s opinion is required to cope with an emergency (s. 17). **Fire-service nuance.** - The 2024 consultation on merging the Firefighters’ Compensation Act into the Workers’ Compensation Act could change the reinstatement rule ([J32 Workers' Compensation and Firefighter Presumptions](https://thehumanfactor.ca/library/fire-service-safety/j32-workers-compensation-and-firefighter-presumptions)). - With no daily or weekly hours limit, 24-hour shifts are lawful; fatigue is an occupational health and safety and collective agreement matter. **Status.** Verified against the official text on 2026-10-23 (Compensation Acts consolidated to 2025-06-06; Human Rights Act to 2023-06-16; Employment Standards Act to 2026-06-12). ## Nova Scotia **Law.** Workers’ Compensation Act, s. 89A (Workers’ Compensation Act \[NS\], 1994-95, s. 89A); Human Rights Act, ss. 5 and 6(f) [(Human Rights Act \[NS\], 1989)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-ns); Occupational Health and Safety Act, s. 13 [(Occupational Health and Safety Act \[NS\], 1996, s. 13)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-act-ns); Labour Standards Code [(Labour Standards Code \[NS\], 1989)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-labour-standards-code-ns). **What must be covered.** - **Duty to co-operate.** Since 2025-07-15 the employer and worker must co-operate in the worker’s return to work after injury, and the board may penalize an employer up to the full cost of the claim (Workers’ Compensation Act \[NS\], 1994-95, s. 89A). - **Re-employment.** Whether a separate re-employment obligation applies to the department was not confirmed on the research date. - **Accommodation.** The Human Rights Act prohibits discrimination in employment, including because of physical or mental disability, subject to an exception for a bona fide qualification (ss. 5, 6(f)). The three-step test governs (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Hours of work.** No occupational health and safety regulation sets fire-service hours of work or fatigue limits; the employer’s general duty to take every precaution reasonable in the circumstances applies [(Occupational Health and Safety Act \[NS\], 1996, s. 13)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-act-ns), and since 2025-09-01 that duty reaches psychological hazards such as fatigue ([J28 Psychological Health and Safety](https://thehumanfactor.ca/library/fire-service-safety/j28-psychological-health-and-safety)). The Labour Standards Code sets general hours and rest rules; whether and how they apply to firefighters and municipal employees was not confirmed. **Fire-service nuance.** - How the board applies the 2025 co-operation duty to volunteer members was not confirmed; provide a graduated return to response duties by policy either way. - Fitness standards for volunteers should be validated against the role the member actually performs, applied individually, with accommodation considered and documented; this system assumes the Human Rights Act covers volunteer relationships. **Status.** Partly verified: s. 89A and its date come from secondary sources; the Human Rights Act, the Labour Standards Code and the Workers’ Compensation Act could not be reached on the research date. ## Prince Edward Island **Law.** Workers Compensation Act, ss. 2.1, 86 and 86.1 to 86.12 [(Workers Compensation Act \[PE\], 1988)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-pe); Human Rights Act [(Human Rights Act \[PE\], 1988)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-pe); Employment Standards Act, repealed by S.P.E.I. 2024, c. 66, s. 105 [(Employment Standards Act \[PE\], 1988)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-act-pe). **What must be covered.** - **Duty to co-operate.** The employer must co-operate in the worker’s early and safe return to work [(Workers Compensation Act \[PE\], 1988, s. 86)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-pe). Where the employer fails or refuses, the board may levy a penalty of up to the full compensation payable to the worker plus the board’s expenditures during the non-compliance (s. 86(8)). - **Re-employment** (ss. 86.1-86.11): for a worker with 12 continuous months of service, where the employer regularly employs 20 or more workers, for up to 2 years after the accident or until age 65. The penalty is up to the worker’s net average earnings for the 12 months before the loss of earning capacity (s. 86.9(1)(a)). - **Accommodation.** The Human Rights Act governs; its employment and occupational qualification sections were not read on the research date. The three-step test governs any job standard (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Hours of work.** The Employment Standards Act consolidated to 2026-06-30 shows the Act repealed by S.P.E.I. 2024, c. 66, s. 105; the replacement statute’s hours provisions and any firefighter rule were not read. **Fire-service nuance.** - The return-to-work and re-employment provisions do not apply to volunteer firefighters or their employer (s. 2.1(2)); provide a graduated return to response duties by policy. **Status.** Partly verified: the Workers Compensation Act (consolidated to 2026-05-29) and the repeal note were read; the Human Rights Act and the new employment standards statute were not. ## Newfoundland and Labrador **Law.** Workplace Health, Safety and Compensation Act, 2022, ss. 100 and 101 (Workplace Health, Safety and Compensation Act, 2022 \[NL\], 2022, ss. 100-101); Human Rights Act, 2010, s. 14 [(Human Rights Act, 2010 \[NL\], 2010, s. 14)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-2010-nl); Labour Standards Act, ss. 22 to 24 [(Labour Standards Act \[NL\], 1990, ss. 22-24)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-labour-standards-act-nl). **What must be covered.** - **Duty to co-operate** (s. 100): contact the worker as soon as possible and keep in touch, attempt to provide suitable employment that restores pre-injury earnings where possible, and give the commission information; the worker must accept suitable employment identified. The commission may suspend a non-complying worker’s compensation, and may levy a penalty on a non-complying employer of up to the cost of benefits, return-to-work and rehabilitation services while the non-compliance continues (s. 100(7)-(8)). - **Re-employment** (s. 101): for a worker with one year’s continuous employment, where the employer has 20 or more workers, for up to 2 years, with accommodation to the point of undue hardship. The penalty is up to the worker’s net average earnings for the 12 months before the loss of earnings, and the commission may pay the worker for up to a year (s. 101(13)); the section prevails over a collective agreement that gives less (s. 101(15)). - **Accommodation.** No employer may discriminate in employment on a prohibited ground [(Human Rights Act, 2010 \[NL\], 2010, s. 14(1))](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-2010-nl), except for a limitation based on a “good faith occupational qualification” (s. 14(2)), read through the three-step test (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Hours of work.** - Every employee must have at least 24 consecutive hours of rest each week, except employees doing emergency work that needs immediate remedial action, prescribed undertakings and ministerial exemptions (LSA s. 22). - Except in an emergency that is an imminent hazard to life or property, the employer must permit and the employee must take at least **8 consecutive hours off in each 24-hour period** (s. 23). - A one-hour rest period after 5 consecutive hours, which a collective agreement may vary (s. 24). **Fire-service nuance.** - Section 23 sits uneasily with 24-hour shifts: outside an imminent-hazard emergency it requires 8 consecutive hours off in each 24-hour period. Check how scheduled 24-hour shifts, including sleep time on station, are treated before adopting them. - Volunteer firefighters are covered for compensation only once the municipality applies and certifies them ([J32 Workers' Compensation and Firefighter Presumptions](https://thehumanfactor.ca/library/fire-service-safety/j32-workers-compensation-and-firefighter-presumptions)); whether s. 101 reaches them is not addressed. **Status.** Verified against the official text on 2026-10-23 (Compensation Act consolidated to 2026-06-30; Human Rights Act and Labour Standards Act as posted on 2026-10-23). The treatment of 24-hour shifts under s. 23 is not confirmed. ## Yukon **Law.** Workers’ Safety and Compensation Act, ss. 82, 117 and 118 [(Workers’ Safety and Compensation Act \[YT\], 2021)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-safety-and-compensation-act-yt); Human Rights Act [(Human Rights Act \[YT\], 2002)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-yt); Employment Standards Act [(Employment Standards Act \[YT\], 2002)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-act-yt). **What must be covered.** - **Duty to co-operate.** The employer must co-operate in the early and safe return to work of a worker injured while working for it, and the worker must co-operate too (s. 117). - **Re-employment.** An employer that regularly employs 20 or more workers must offer to re-employ a worker with at least one year’s continuous employment (s. 118). Where the employer fails, the board may make payments to the worker for up to a year (s. 118(13)). - **Accommodation.** The Human Rights Act governs; its sections were not read on the research date. The three-step test governs any job standard (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Hours of work.** The Employment Standards Act was not read. **Fire-service nuance.** - Volunteer fire brigade members are designated workers of the Government of Yukon (s. 82(a)) and are excluded from the re-employment duty (s. 118). **Status.** Partly verified: the Workers’ Safety and Compensation Act was read in a 2024 capture; the Human Rights Act and Employment Standards Act were not reachable on the research date. ## Northwest Territories **Law.** Workers’ Compensation Act [(Workers’ Compensation Act \[NT\], 2007)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-nt); Occupational Health and Safety Regulations, s. 35.1 [(Occupational Health and Safety Regulations \[NT\], 2024, s. 35.1)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-regulations-nt); Human Rights Act [(Human Rights Act \[NT\], 2002)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-nt); Employment Standards Act [(Employment Standards Act \[NT\], 2007)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-employment-standards-act-nt). **What must be covered.** - **Return to work.** The Act sets worker co-operation duties and the commission’s vocational rehabilitation role; no statutory employer re-employment duty was found. A commission code of practice on return-to-work program development exists but was not read. - **Accommodation.** The Human Rights Act governs; its sections were not read on the research date. The three-step test governs any job standard (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Fatigue.** No worker may enter or remain at a work site while impaired, “impaired” includes a weakened state of judgment or physical abilities from fatigue, and the employer must keep a written impairment policy developed with the committee or representative [(Occupational Health and Safety Regulations \[NT\], 2024, s. 35.1)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-regulations-nt). - **Hours of work.** The Employment Standards Act was not read. **Fire-service nuance.** - The impairment rule gives community fire departments a legal footing for a fatigue policy covering call-outs and long incidents, including a member’s right to stand down when too tired to work safely ([J28 Psychological Health and Safety](https://thehumanfactor.ca/library/fire-service-safety/j28-psychological-health-and-safety)). **Status.** Partly verified: the Workers’ Compensation Act and the Regulations were read; the Human Rights Act and Employment Standards Act were not. ## Nunavut **Law.** Workers’ Compensation Act [(Workers’ Compensation Act \[NU\], 2021)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-workers-compensation-act-nu); Occupational Health and Safety Regulations, s. 35.1 [(Occupational Health and Safety Regulations \[NU\], 2021, s. 35.1)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-regulations-nu); Human Rights Act [(Human Rights Act \[NU\], 2003)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-human-rights-act-nu); Labour Standards Act. **What must be covered.** - **Return to work.** No statutory employer return-to-work or re-employment duty was found. - **Accommodation.** The Human Rights Act governs; its sections were not read on the research date. The three-step test governs any job standard (*British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, 1999). - **Fatigue.** The same impairment rule and written policy as the Northwest Territories, fatigue included [(Occupational Health and Safety Regulations \[NU\], 2021, s. 35.1)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-occupational-health-and-safety-regulations-nu). - **Hours of work.** The Labour Standards Act was not read. **Fire-service nuance.** - Hamlet fire departments with volunteer members should rely on the impairment policy for call-out fatigue, since no statutory hours rule for volunteers was found. **Status.** Partly verified: the compensation Act and Regulations were read; the human rights and labour standards statutes were not. ## Federal **Law.** Canada Labour Code, Part III, ss. 167, 169 to 173.01, 177 and 239.1 [(Canada Labour Code \[CA\], 1985)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-canada-labour-code-ca); Canadian Human Rights Act, ss. 7, 15 and 25 [(Canadian Human Rights Act \[CA\], 1985)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-canadian-human-rights-act-ca). **What must be covered.** - **Return to work** (federally regulated private sector, such as airport authorities and other federal undertakings, but not the federal public service): “the employer shall, where reasonably practicable, return an employee to work after the employee’s absence due to work-related illness or injury”; dismissal or discipline because of that absence is prohibited, and employers must subscribe to a wage-replacement plan at the provincial rate [(Canada Labour Code \[CA\], 1985, s. 239.1)](https://thehumanfactor.ca/library/fire-service-safety/j33-return-to-work-accommodation-and-hours-of-work#ref-canada-labour-code-ca). No statutory return-to-work duty was found for the federal public service; the human rights duty applies. - **Accommodation.** Refusing to employ or differentiating adversely in employment on a prohibited ground is a discriminatory practice (CHRA s. 7), unless it is based on a bona fide occupational requirement (s. 15(1)(a)). A requirement is a BFOR only if accommodating the affected people “would impose undue hardship on the person who would have to accommodate those needs, considering health, safety and cost” (s. 15(2)). “Disability” includes “previous or existing dependence on alcohol or a drug” (s. 25). - **Hours of work** (Part III, federal private sector only, s. 167): - standard hours of 8 a day and 40 a week (s. 169(1)), with averaging and modified schedules allowed (ss. 169(2), 170); - a maximum of 48 hours a week (s. 171), which may be exceeded only as needed in an accident, urgent work or unforeseen circumstances, reported to the regulator within 15 days of month end (s. 177); - an unpaid 30-minute break in every 5 consecutive hours (s. 169.1) and **8 consecutive hours of rest between shifts** (s. 169.2), both of which yield to unforeseeable situations threatening life, health, safety or property; - at least one full day of rest a week (s. 173); - schedules in writing at least 96 hours in advance, with a right to refuse a shift starting sooner except in an emergency (s. 173.01). **Fire-service nuance.** - Airport fire services run by airport authorities are under Part III; Department of National Defence civilian firefighters are federal public servants outside Part III, with hours set by their collective agreement. - The 8-hour rest rule and its emergency exception decide whether callbacks after a long shift are lawful; record the reason when the exception is used. **Status.** Verified against the official text on 2026-10-23 (Code and Canadian Human Rights Act consolidated to 2026-09-30). The hours regime for public service firefighters was not checked. ## Chapters that rely on this topic **Front matter** - [00 Fire Service Safety Management System - Program HQ](https://thehumanfactor.ca/library/fire-service-safety/program-hq) **01 Foundations** - [02 Standards and Law Master Map](https://thehumanfactor.ca/library/fire-service-safety/standards-and-law-master-map) - [05 Design Principles and Lessons Learned](https://thehumanfactor.ca/library/fire-service-safety/design-principles-and-lessons-learned) **04 Policies** - [Policy - Fatigue and Hours of Work](https://thehumanfactor.ca/library/fire-service-safety/policy-fatigue-and-hours-of-work) - [Policy - Incident, Injury, Exposure and Near-Miss Reporting and Investigation](https://thehumanfactor.ca/library/fire-service-safety/policy-incident-injury-exposure-and-near-miss-reporting-and-investigation) - [Policy - Occupational Medical, Fitness and Wellness](https://thehumanfactor.ca/library/fire-service-safety/policy-occupational-medical-fitness-and-wellness) - [Policy - Records, Privacy and Health Information](https://thehumanfactor.ca/library/fire-service-safety/policy-records-privacy-and-health-information) - [Policy - Volunteer Members](https://thehumanfactor.ca/library/fire-service-safety/policy-volunteer-members) - [Policy - Workplace Violence and Harassment](https://thehumanfactor.ca/library/fire-service-safety/policy-workplace-violence-and-harassment) **05 Programs** - [Apparatus, Driving and Roadway Operations Program](https://thehumanfactor.ca/library/fire-service-safety/apparatus-driving-and-roadway-operations-program) - [Incident Investigation and Learning Program](https://thehumanfactor.ca/library/fire-service-safety/incident-investigation-and-learning-program) - [Medical, Fitness and Wellness Program](https://thehumanfactor.ca/library/fire-service-safety/medical-fitness-and-wellness-program) - [Workplace Violence and Harassment Program](https://thehumanfactor.ca/library/fire-service-safety/workplace-violence-and-harassment-program) **06 Safe Work Procedures** - [SWP - Wildland Deployment, LCES and Heat](https://thehumanfactor.ca/library/fire-service-safety/swp-wildland-deployment-lces-and-heat) **07 Audit** - [01 Audit Program](https://thehumanfactor.ca/library/fire-service-safety/audit-program) - [02 Audit Checklist Master Index](https://thehumanfactor.ca/library/fire-service-safety/audit-checklist-master-index) - [Checklist - Medical, Fitness and Wellness](https://thehumanfactor.ca/library/fire-service-safety/checklist-medical-fitness-and-wellness) **08 Implementation** - [02 Business Case and Cost Model](https://thehumanfactor.ca/library/fire-service-safety/business-case-and-cost-model) **09 Forms and Templates** - [Form - Fatigue Self-Report and Officer Response](https://thehumanfactor.ca/library/fire-service-safety/form-fatigue-self-report-and-officer-response) ## Definitions - **Bona fide occupational requirement (BFOR).** A job standard that discriminates on its face but is justified because it is rationally connected to the job, adopted in good faith, and reasonably necessary, meaning the affected people cannot be accommodated without undue hardship. - **Duty to accommodate.** The human rights obligation to adjust the work, the workplace or the standard for a person’s disability or other protected characteristic, up to the point of undue hardship. - **Duty to co-operate.** The compensation-law obligation on employer and worker to keep in contact and work toward an early and safe return to suitable work. - **Re-employment obligation.** The compensation-law duty of larger employers to offer an injured worker their job, comparable work or the first suitable work, for a fixed period. - **Suitable work.** Work the injured worker is medically able to do and has the skills for, which restores pre-injury earnings where possible. - **Undue hardship.** The limit of the duty to accommodate, judged on factors such as cost, outside funding, and health and safety. ## References Act respecting industrial accidents and occupational diseases, CQLR c. A-3.001 (Quebec; consolidated to 2026-08-12). Act respecting labour standards, CQLR c. N-1.1 (Quebec; consolidated to 2026-08-12). Alberta Human Rights Act, R.S.A. 2000, c. A-25.5 (Alberta; consolidated to 2023-04-01). *British Columbia (Public Service Employee Relations Commission) v. BCGSEU*, \[1999\] 3 S.C.R. 3 (Supreme Court of Canada). Canada Labour Code, R.S.C. 1985, c. L-2 (Canada; consolidated to 2026-09-30; Part II). Canadian Human Rights Act, R.S.C. 1985, c. H-6 (Canada; consolidated to 2026-09-30). Charter of human rights and freedoms, CQLR c. C-12 (Quebec; consolidated to 2026-08-12). Employment Standards Act, R.S.P.E.I. 1988, c. E-6.2 (Prince Edward Island; consolidated to 2026-06-30, showing the repeal by S.P.E.I. 2024, c. 66, s. 105). Employment Standards Act, R.S.Y. 2002, c. 72 (Yukon). Employment Standards Act, S.N.B. 1982, c. E-7.2 (New Brunswick; consolidated to 2026-06-12). Employment Standards Act, S.N.W.T. 2007, c. 13 (Northwest Territories). Employment Standards Regulation, Alta. Reg. 14/97 (Alberta; consolidated to 2026-01-01). Employment Standards Regulation, B.C. Reg. 396/95 (British Columbia; consolidated to 2026-10-20). Employment Standards Regulation, Man. Reg. 6/2007 (Manitoba; current on 2026-10-23). Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 (Ontario; consolidated to 2026-10-20). Firefighters’ Compensation Act, S.N.B. 2009, c. F-12.5 (New Brunswick; consolidated to 2025-06-06). Human Rights Act, 2010, S.N.L. 2010, c. H-13.1 (Newfoundland and Labrador; current on 2026-10-23). Human Rights Act, R.S.N.B. 2011, c. 171 (New Brunswick; consolidated to 2023-06-16). Human Rights Act, R.S.N.S. 1989, c. 214 (Nova Scotia; consolidation date not recorded). Human Rights Act, R.S.P.E.I. 1988, c. H-12 (Prince Edward Island). Human Rights Act, R.S.Y. 2002, c. 116 (Yukon). Human Rights Act, S.Nu. 2003, c. 12 (Nunavut). Human Rights Act, S.N.W.T. 2002, c. 18 (Northwest Territories). Human Rights Code, R.S.B.C. 1996, c. 210 (British Columbia; consolidated to 2026-10-13). Human Rights Code, R.S.O. 1990, c. H.19 (Ontario; consolidated to 2026-10-20). Labour Standards Act, R.S.N.L. 1990, c. L-2 (Newfoundland and Labrador; current on 2026-10-23). Labour Standards Code, R.S.N.S. 1989, c. 246 (Nova Scotia; consolidation date not recorded). Occupational Health and Safety Act, S.N.S. 1996, c. 7 (Nova Scotia; consolidated to 2025-09-01; as amended by the Stronger Workplaces for Nova Scotia Act, S.N.S. 2024; official text not reachable on the research date). Occupational Health and Safety Regulation, B.C. Reg. 296/97 (British Columbia; consolidated to 2026-10-20). Occupational Health and Safety Regulations, Nu. Reg. 003-2016 (Nunavut; consolidated to 2021-09-28). Occupational Health and Safety Regulations, N.W.T. Reg. 039-2015 (Northwest Territories; consolidated to 2024-09-26). The Employment Standards Code, C.C.S.M. c. E110 (Manitoba; consolidated to 2026-10-21). The Human Rights Code, C.C.S.M. c. H175 (Manitoba; consolidated to 2026-10-21). The Saskatchewan Employment Act, S.S. 2013, c. S-15.1 (Saskatchewan; consolidated to 2025-12-31). The Saskatchewan Human Rights Code, 2018, S.S. 2018, c. S-24.2 (Saskatchewan). The Workers’ Compensation Act, 2013, S.S. 2013, c. W-17.11 (Saskatchewan; consolidated to 2025-08-07). The Workers Compensation Act, C.C.S.M. c. W200 (Manitoba; consolidated to 2026-10-20). When Work Deemed to be Performed, Exemptions and Special Rules, O. Reg. 285/01 (Ontario; consolidated to 2026-10-20). Workers’ Compensation Act, C.S.Nu., c. W-70 (Nunavut; consolidated to 2021-07-01). Workers’ Compensation Act, R.S.A. 2000, c. W-15 (Alberta; consolidated to 2025-12-18). Workers Compensation Act, R.S.B.C. 2019, c. 1 (British Columbia; consolidated to 2026-10-13). Workers’ Compensation Act, R.S.N.B. 1973, c. W-13 (New Brunswick; consolidated to 2025-06-06). Workers Compensation Act, R.S.P.E.I. 1988, c. W-7.1 (Prince Edward Island; consolidated to 2026-05-29). Workers’ Compensation Act, S.N.S. 1994-95, c. 10 (Nova Scotia; consolidation date not recorded). Workers’ Compensation Act, S.N.W.T. 2007, c. 21 (Northwest Territories; consolidated to 2023-03-30). Workers’ Safety and Compensation Act, S.Y. 2021, c. 11 (Yukon; consolidated to 2024-12-25). Workplace Health, Safety and Compensation Act, 2022, S.N.L. 2022, c. W-11.1 (Newfoundland and Labrador; consolidated to 2026-06-30). Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A (Ontario; consolidated to 2026-10-20).