What Are the Overtime Rules in Canada?
Last updated: March 2026 | MyWorkRights.ca
Quick Answer
Federal employees earn 1.5x pay after 8 hours/day or 40 hours/week (CLC s.174). Provincial thresholds vary (Ontario is 44 hours/week, BC is 8 hours/day). Most salaried employees are entitled to overtime. You can recover up to 36 months of unpaid overtime under federal law.
The Short Answer
If you work more than the standard hours of work, your employer must pay you overtime at a rate of at least 1.5 times your regular hourly wage, or provide time off in lieu at 1.5 times the overtime hours worked. The threshold for overtime depends on whether you are federally or provincially regulated. Most employees are entitled to overtime pay, and the common belief that salaried employees are exempt is largely a myth in Canada.
Federal Overtime Rules
Under the Canada Labour Code (s.174), the standard hours of work for federally regulated employees are 8 hours per day and 40 hours per week. Any hours worked beyond these thresholds must be compensated at 1.5 times the employee's regular rate of pay. Alternatively, if both the employer and employee agree in writing, the employee can receive time off in lieu of overtime pay at a rate of 1.5 hours of time off for each hour of overtime worked (CLC s.174(2)). For example, if you work 4 hours of overtime, you are entitled to 6 hours of paid time off. Federal industries include banking, telecommunications, interprovincial transportation, airlines, and postal services.
Provincial Overtime Thresholds
Each province sets its own overtime threshold and rules. In Ontario, overtime begins after 44 hours per week (not 40). In British Columbia, overtime is 1.5x after 8 hours per day and double time after 12 hours per day. In Alberta, overtime begins after 8 hours per day or 44 hours per week. In Quebec, overtime begins after 40 hours per week. Saskatchewan uses 8 hours per day or 40 hours per week. Manitoba uses 8 hours per day or 40 hours per week. Other provinces have their own specific thresholds. Always check your province's Employment Standards Act for the exact rules that apply to you.
Who Is Entitled to Overtime
The short answer is: most employees. Being salaried does not automatically exempt you from overtime. In Canada, overtime exemptions are narrow and specific. Under federal law, the main exemptions apply to managers and superintendents who perform management functions (not employees with a "manager" title who mostly do the same work as their team). Under provincial law, exemptions vary but typically cover true managers, certain professionals (doctors, lawyers, architects), and specific industries. If your employer claims you are exempt from overtime, verify this against the specific exemption list in your jurisdiction's legislation. Many employers incorrectly classify employees as exempt.
Common Employer Violations
Unpaid overtime is one of the most common workplace violations in Canada. Typical violations include requiring employees to work through lunch breaks without compensation, requiring employees to check emails or be on call outside regular hours without pay, averaging hours over multiple weeks to avoid daily overtime thresholds (this is only permitted with specific authorization under the CLC), misclassifying employees as managers to avoid paying overtime, pressuring employees to not record all hours worked, and offering straight time off instead of the legally required 1.5x time off in lieu. If your employer is doing any of these, they may be violating the law.
How to Recover Unpaid Overtime
Under the Canada Labour Code, you can recover up to 36 months of unpaid wages, including overtime (CLC s.251.01). To file a complaint, contact the Labour Program at Employment and Social Development Canada (ESDC). You will need to provide evidence of the hours you worked, so keep your own records of start times, end times, and any work performed outside regular hours. Save emails with timestamps, calendar entries, building access logs, and any other documentation of your work hours. For provincially regulated employees, contact your province's employment standards office. The recovery period varies by province.
Overtime and Averaging Agreements
Under the Canada Labour Code, an employer can apply to the Minister of Labour for a modified work schedule that averages hours over a period of two or more weeks (CLC s.170). If approved, overtime is calculated based on the average rather than daily or weekly thresholds. However, this requires proper authorization and the employee's agreement. Your employer cannot unilaterally average your hours to avoid paying overtime. If your employer uses an averaging arrangement, request a copy of the authorization. Provincial rules around averaging and compressed work weeks also vary.
Key Deadlines
For federal employees, unpaid overtime complaints can recover wages going back 36 months from the date of the complaint (CLC s.251.01). Provincial limitation periods vary, but most provinces allow recovery of unpaid wages for a period of six months to two years. The sooner you file, the more you can potentially recover. Keep detailed records of your hours starting now, even if you are not yet ready to file a complaint.