PEI Employment Standards Act: Your Rights at Work
How Prince Edward Island's employment standards differ from the federal Canada Labour Code
Content last verified against official statutes: August 30, 2026
Am I Provincially Regulated?
Employees of private employers in Prince Edward Island whose business is not federally regulated (interprovincial transportation, telecommunications, banking and similar) are covered by the Employment Standards Act, R.S.P.E.I. 1988, c. E-6.3, which came into force on June 30, 2026 and replaced the former Act (c. E-6.2). It is administered by the Labour and Industrial Relations Division of the Department of Workforce and Advanced Learning.
Overtime
The standard number of hours of work in a work week is 44 (Act s.15(1)), and the Employment Standards Board may set a higher standard for specified employers or employees (s.15(2)). Hours beyond the standard weekly hours are overtime hours, paid at 1.5 times the employee's regular wage rate (s.24(1)). An employee may elect in writing to take paid time off in lieu instead, at 1.5 hours off per overtime hour, taken within 3 months (s.24(2), s.24(3)). An employer and employee may also sign an averaging agreement covering 2 to 4 weeks, which cannot schedule more than an average of 44 hours a week (s.25).
Key difference from federal: The Canada Labour Code pays overtime after 8 hours in a day or 40 in a week (s.169, s.174). PEI has no daily overtime threshold.
Sick Leave
After 30 days of continuous employment, the Act provides up to 4 days of unpaid sick leave per year (s.43). Paid sick leave is added with service: 1 paid day in the second year of continuous employment, 2 in the third year and 3 from the fourth year onward. Unused paid days do not carry over to the next year.
Key difference from federal: Federally regulated employees earn up to 10 paid medical-leave days per year (3 after 30 days, then 1 per month) and up to 27 weeks of unpaid medical leave (CLC s.239).
Termination & Severance
Act s.59 sets the minimum written notice of termination (or pay in lieu). No notice is required in the first 90 days of employment:
| Length of service | Minimum notice (or pay in lieu) |
|---|---|
| 90 days to less than 1 year | 1 week |
| 1 year to less than 5 years | 2 weeks |
| 5 years to less than 10 years | 4 weeks |
| 10 years to less than 15 years | 6 weeks |
| 15 years or more | 8 weeks |
Group terminations have a separate 6-week notice rule (s.61). The Act has no severance pay provision; severance beyond the statutory notice is a common-law matter. There is no statutory unjust-dismissal process.
Key difference from federal: The Canada Labour Code provides graduated notice of 2 to 8 weeks (s.230), severance pay of 2 days per completed year with a 5-day minimum (s.235), and an unjust dismissal complaint for non-managerial employees with 12 months of service (s.240).
Reprisal Protection
The Act prohibits an employer from dismissing, suspending, laying off or otherwise penalizing an employee for filing a complaint, giving evidence, taking a leave the Act provides, or asserting a right under the Act. Complaints are made to the chief inspector; unresolved matters may be referred to the Employment Standards Board.
Key difference from federal: Under CLC s.246.1(4) a federal reprisal complaint is itself evidence of reprisal and the burden of proof shifts to the party denying it.
Harassment
The Occupational Health and Safety Act and the Workplace Harassment Regulations require employers to have a written harassment policy and to investigate complaints; the Workers Compensation Board administers those rules. The Human Rights Act prohibits discrimination and harassment on protected grounds, which include age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation and source of income. A complaint to the PEI Human Rights Commission is filed within 1 year of the last incident (Human Rights Act s.22).
Key difference from federal: Federally regulated workplaces follow SOR/2020-130; discrimination complaints go to the Canadian Human Rights Commission within 12 months.
Filing Complaints
| Issue | Where complaints are filed | Time limit |
|---|---|---|
| Unpaid wages, overtime, vacation pay, notice pay | Chief inspector, Labour and Industrial Relations (Department of Workforce and Advanced Learning) | 2 years from the contravention (Act s.64(2)) |
| Reprisal under the Act | Chief inspector; Employment Standards Board on referral | 2 years (s.64(2)) |
| Harassment (health and safety) | Workers Compensation Board of PEI, Occupational Health and Safety | None set by statute |
| Discrimination or harassment on a protected ground | PEI Human Rights Commission | 1 year from the last incident (Human Rights Act s.22) |
- Employment Standards (Labour and Industrial Relations): 902-368-5550 or 1-800-333-4362 · princeedwardisland.ca employment standards
- PEI Human Rights Commission: 902-368-4180 · peihumanrights.ca
Key Statutes & Sources
Official sources checked on August 30, 2026
- Employment Standards Act, c. E-6.3 (princeedwardisland.ca PDF) (princeedwardisland.ca)
- Employment standards — princeedwardisland.ca (princeedwardisland.ca)
- Human Rights Act, c. H-12 (princeedwardisland.ca PDF) (princeedwardisland.ca)
- PEI Human Rights Commission (peihumanrights.ca)
- Canada Labour Code, Part III (laws-lois.justice.gc.ca)
When Should You Contact a Lawyer?
This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.
The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.
By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.
Cite This Page
MyWorkRights.ca, "PEI Employment Standards Act: Your Rights at Work," accessed 2026-10-01, https://myworkrights.ca/provincial/pei