Employment standards in Canada are governed at the provincial level, meaning rules on working hours, overtime, and rest periods vary by province.
Below is a summary of key principles, followed by specific guidance for major provinces.
Key Principles (All Provinces)
Overtime pay is typically calculated at 1.5× the employee’s regular rate of pay
Overtime thresholds vary by province (commonly between 40–44 hours per week)
Maximum working hours are regulated separately from overtime thresholds
Employers must comply with both:
Overtime pay requirements
Maximum hours of work rules
These are distinct legal concepts and must not be applied interchangeably.
Ontario
Overtime Pay
Overtime applies after 44 hours worked in a work week
Overtime rate: 1.5× regular pay
Maximum Hours of Work
Standard maximum: 48 hours per week
Employees may work beyond 48 hours only if:
A written agreement is in place, and
Regulatory approval is obtained (where required)
Important
Hours worked between 44 and 48 hours:
Are within the legal maximum, but
Must still be paid at overtime rates
Alberta
Overtime Pay
Overtime applies after:
8 hours per day, or
44 hours per week (whichever is greater)
Overtime rate: 1.5× regular pay
Flexible Arrangements
Overtime may be averaged or managed through averaging agreements, subject to provincial rules
British Columbia
Overtime Pay
Overtime applies after:
8 hours per day (1.5×)
12 hours per day (2×)
Weekly thresholds may also apply depending on scheduling
Quebec
Overtime Pay
Overtime applies after 40 hours per week
Overtime rate: 1.5× regular pay
Nova Scotia
Standard Hours
No minimum
Maximum: 48 hours per week
Overtime Pay
Applies after 48 hours per week
Rate: 1.5× regular pay
Exceptions
Managers and supervisors are entitled to overtime pay
Saskatchewan
Standard Hours
No minimum
Maximum: 40 hours per week
Overtime Pay
Applies after:
40 hours per week, or
36 hours per week if a public holiday falls within the week
Working beyond 44 hours per week requires explicit employee consent
Rate: 1.5× regular pay or time off in lieu (1.5×) if agreed
Exceptions
Certain employees may be exempt
Manitoba
Standard Hours
No minimum
Maximum: 40 hours per week and 8 hours per day
Overtime Pay
Applies after 40 hours per week
Rate: 1.5× regular pay or time off in lieu (1.5×) within 3 months (if agreed)
Exceptions
Some employees may be exempt
New Brunswick
Standard Hours
No minimum
Maximum: 44 hours per week
Overtime Pay
Applies after 44 hours per week
Rate: 1.5× regular pay
Important
Time off in lieu is not permitted
Exceptions
Certain employees may be exempt
Newfoundland and Labrador
Standard Hours
No minimum
Maximum: 40 hours per week
Overtime Pay
Applies after 40 hours per week
Rate:
1.5× minimum wage, or
1.5× time off in lieu within 3 months (if agreed)
Exceptions
Employees earning 1.5× the average provincial salary may be exempt
Compliance Considerations
Overtime rules must be applied based on the employee’s work location (province)
Employment agreements and payroll practices must reflect:
The correct provincial thresholds
Applicable overtime rates
Some provinces allow:
Averaging agreements
Time-off-in-lieu (TOIL) arrangements
These must be properly documented and compliant with local legislation.
Key Takeaways
Overtime thresholds and maximum working hours are separate legal requirements
Ontario overtime begins at 44 hours, not 48
Provincial differences must be carefully managed to ensure compliance
Misapplication of overtime rules can lead to back pay liabilities and penalties