If your employer hasn’t paid you, you have legal protections and a clear path to recovering your wages. Not being paid is a violation of employment standards law in every province and territory in Canada.
The short answer
File a wage complaint with your provincial employment standards office. It is free, the government investigates on your behalf, and penalties for employers can be significant. Do not wait — limitation periods apply.
Step 1: Document what you are owed
Before filing a complaint or taking any other action, gather:
- Your pay stubs or any written record of hours worked
- Your employment contract or offer letter confirming your pay rate
- Bank records showing which deposits were received and which were missed
- Any emails or texts from your employer about the missing pay
Step 2: Contact your employer in writing
Send a short written message (email or text) stating which pay period was missed, the amount owed, and requesting payment by a specific date. Keep a copy. This creates a record and sometimes resolves the issue without escalation.
Step 3: File an employment standards complaint
If your employer does not respond or refuses to pay, file a formal complaint with your provincial employment standards office.
| Province | Office | Website |
|---|---|---|
| Ontario | Ministry of Labour | ontario.ca/labour |
| British Columbia | Employment Standards Branch | gov.bc.ca/employment-standards |
| Alberta | Employment Standards | alberta.ca/employment-standards |
| Quebec | CNESST | cnesst.gouv.qc.ca |
| Manitoba | Employment Standards | gov.mb.ca/labour/standards |
| Saskatchewan | Employment Standards | saskatchewan.ca/employment-standards |
| Nova Scotia | Labour Standards | novascotia.ca/labour-standards |
| New Brunswick | Employment Standards | worksafenb.ca |
Filing is free. You do not need a lawyer. An officer will contact your employer and can order wages to be repaid with interest.
Step 4: Small claims court (if needed)
If the employment standards process is slow or your claim is complex, you can also file in small claims court. This is a parallel option, not a last resort.
| Province | Small Claims Limit |
|---|---|
| Ontario | $35,000 |
| British Columbia | $35,000 |
| Alberta | $50,000 |
| Quebec | $15,000 |
Court filing fees are typically $100–$200 and you will represent yourself. Many small wage claims settle before a hearing.
What your employer cannot legally do
- Withhold wages as punishment for quitting without notice
- Deduct wages for mistakes, till shortages, or damaged equipment without written agreement
- Delay final pay when employment ends (final pay rules vary by province but are typically due within one to two pay periods)
- Refuse to pay wages because they claim you “owe” them something
If your employer has shut down or gone bankrupt
If your employer is insolvent, you may still recover wages through the federal Wage Earner Protection Program (WEPP). This covers up to $9,055 in unpaid wages, vacation pay, and termination pay from employers in bankruptcy or receivership.
Apply through Service Canada at canada.ca/wage-earner-protection.
Key takeaway
Unpaid wages are not a grey area — they are a legal violation. File your complaint promptly, keep records, and use the free government complaint process. You do not need to accept non-payment.
Provincial employment standards contacts
| Province | Agency | How to file |
|---|---|---|
| Ontario | Ontario Labour Relations Board / MOL | ontario.ca/labour → employment standards complaint |
| BC | Employment Standards Branch | gov.bc.ca → employment standards complaint |
| Alberta | Alberta Employment Standards | alberta.ca → employment standards claim |
| Quebec | Commission des normes, de l’‘équité, de la santé et de la sécurité du travail (CNESST) | cnesst.gouv.qc.ca |
| Manitoba | Employment Standards | gov.mb.ca/labour/standards |
| Saskatchewan | Saskatchewan Employment Standards | saskatchewan.ca/employment-standards |
| Federal employers | Canada Labour Code — Employment and Social Development Canada | canada.ca/employment-and-social-development |
Federal jurisdiction covers banks, airlines, telecom, railways, and other federally regulated industries.
Frequently asked questions
How long do I have to file a wage complaint in Canada? Time limits vary by province. Ontario: 2 years from when the wages were due. BC: 6 months. Alberta: 2 years. Federal: 6 years under the Canada Labour Code. File as soon as possible — delay weakens your claim and may put you outside the limitation period.
Can my employer withhold wages as a disciplinary measure? No. Employers cannot deduct or withhold wages as punishment, to recover alleged losses, or as a “fine.” Deductions from wages are only legal if specifically permitted by employment standards law (e.g., statutory deductions for CPP, EI, income tax) or authorized in writing by the employee for specific purposes.
What if my employer declares bankruptcy? The federal Wage Earner Protection Program (WEPP) covers unpaid wages, vacation pay, termination pay, and severance pay up to approximately $9,000 when an employer becomes insolvent or bankrupt. File through Service Canada at canada.ca/wage-earner-protection-program.
Can I sue my employer for unpaid wages in small claims court? Yes. Small claims court is an option in addition to (or instead of) the employment standards complaint process. In Ontario, small claims handles amounts up to $35,000; BC up to $35,000; Alberta up to $50,000. The advantage: you control the timeline and can claim interest. The disadvantage: more complex than an employment standards complaint and you may need a lawyer. For amounts under $10,000, the employment standards route is usually faster and simpler.
Related Reading
- My Employer Is Not Paying Overtime in Canada: What To Do
- My Employer Owes Me Vacation Pay in Canada: What To Do
- My Employer Won’’t Give Me a ROE: What To Do in Canada
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