Am I entitled to overtime pay in Canada?

Most employees in Canada are entitled to overtime pay once they exceed the standard hours threshold, which is typically eight hours per day or 40 hours per week depending on the province. Overtime is generally paid at 1.5 times your regular hourly rate for all eligible hours above the threshold.

How is overtime calculated in Canada?

Overtime is calculated at 1.5 times your regular rate for each overtime hour. If you earn $25/hour and work 45 hours in a week, you are owed $25 × 40 hours regular + $37.50 × 5 hours overtime. Some provinces also cap daily hours before overtime kicks in.

Can my employer refuse to pay overtime?

No, if you are an eligible employee who has worked overtime hours, your employer is legally required to pay. Refusing to pay overtime violates employment standards legislation. You can file a complaint with your provincial employment standards office to recover unpaid overtime.

Are all employees entitled to overtime in Canada?

Not all employees qualify. Managers, professionals such as lawyers and engineers, and some sales workers are often exempt from overtime provisions. Exemptions vary by province and job function. Simply being called a "manager" is not enough — the actual duties of the role matter.

What if my employer gives me time off instead of overtime pay?

Some provinces allow employers to provide paid time off in lieu of overtime pay (compensatory time off). However, this must be at the same 1.5-times rate (1.5 hours off for each overtime hour), it must be taken within a specified period, and in some provinces it requires your agreement. Check your provincial rules.

My Employer Is Not Paying Overtime in Canada: What To Do

Working extra hours without being paid for them is more than frustrating — it is often illegal. Canadian employment standards law requires most employees to be paid at a premium rate for overtime hours, and your employer cannot simply ignore this obligation.

The short answer

If you are an eligible employee who worked overtime, your employer must pay 1.5 times your regular rate. File an employment standards complaint if they won’t — you can recover up to two years of unpaid overtime in most provinces.

How overtime works in Canada

Standard threshold by province

Province	Daily Overtime Threshold	Weekly Overtime Threshold
Ontario	No daily limit in ESA	Over 44 hours/week
British Columbia	Over 8 hrs/day (first 4 OT at 1.5x, then 2x)	Over 40 hours/week
Alberta	No daily limit in general	Over 8 hours/day OR 44 hours/week
Quebec	No daily limit	Over 40 hours/week
Manitoba	No daily limit	Over 40 hours/week
Saskatchewan	Over 8 hours/day	Over 40 hours/week
Federal jurisdiction	No daily limit	Over 8 hours/day OR 40 hours/week

Overtime pay rate

In all provinces, the minimum overtime rate is 1.5 times your regular hourly wage.

British Columbia is the only province with a two-tier rate: 1.5x for the first four daily overtime hours and 2x for each additional daily overtime hour after that.

Common ways employers avoid paying overtime — and whether they work

Employer’s Claim	Is It Legal?
“You’re salaried, so no overtime”	No — salary does not eliminate overtime for non-exempt employees
“We call it comp time, not overtime”	Only legal in some provinces, and must still be at 1.5x rate
“You stayed late on your own”	If your employer knew or expected you to stay late, you are owed the pay
“Your job title is manager”	Titles alone don’t determine exemption — actual duties matter
“You agreed to work extra hours”	You can agree to work them, but you cannot waive your right to overtime pay

Who is exempt from overtime

Genuine overtime exemptions apply to certain roles. Common exemptions (rules vary by province):

Managers and supervisors who regularly supervise staff and have authority over their work
Professionals such as lawyers, doctors, engineers, and architects
Certain farm workers and domestics
Commissioned salespeople (varies by province)
IT professionals (in some provinces)

Being misclassified in an exempt category is common. If your job duties do not actually match the exemption, you are owed overtime.

Calculating what you are owed

Your Pay	Hours Worked This Week	Overtime Hours	Overtime Owed
$20/hour	48 hours	4 hours (past 44 in ON)	$20 × 1.5 × 4 = $120
$25/hour	50 hours	10 hours (past 40 in BC)	$25 × 1.5 × 10 = $375
$30/hour	45 hours	5 hours (past 40 in QC)	$30 × 1.5 × 5 = $225

To calculate total unpaid overtime going back, multiply weekly shortfall amounts by the number of affected weeks. Limitation periods typically allow claims going back two years.

How to claim unpaid overtime

Step 1: Keep records

Track your hours worked, preferably with written or digital logs, comparing them to your pay stubs.

Step 2: Request payment in writing

Raise the issue with your employer or HR by email. Outline the unpaid overtime hours and the amounts owed. Keep a copy.

Step 3: File an employment standards complaint

If your employer does not respond or refuses to pay, file a complaint with your provincial office. Filing is free, the government investigates, and there is no filing fee or lawyer required.

Province	File Overtime Complaints With
Ontario	Ministry of Labour — ontario.ca/labour
British Columbia	Employment Standards Branch — gov.bc.ca
Alberta	Employment Standards — alberta.ca
Quebec	CNESST — cnesst.gouv.qc.ca
Federal workers	Canada Labour Program — canada.ca/labour

Step 4: Small claims court

You can also pursue unpaid overtime in small claims court. Limits range from $15,000 (Quebec) to $50,000 (Alberta). This is a parallel option.

Key takeaway

Overtime pay is a legal right, not a negotiation. If your employer owes you overtime, keep records, put your request in writing, and file an employment standards complaint if needed. Most provinces allow you to recover up to two years of back pay.

Overtime rules by province (2026)

Province	Overtime threshold	Overtime rate
Ontario	Over 44 hours/week	1.5× regular rate
BC	Over 8 hours/day OR 40 hours/week	1.5×; over 12 hours/day = 2×
Alberta	Over 8 hours/day OR 44 hours/week	1.5×
Quebec	Over 40 hours/week	1.5×
Saskatchewan	Over 8 hours/day OR 40 hours/week	1.5×
Manitoba	Over 8 hours/day OR 40 hours/week	1.5×
Federal	Over 8 hours/day OR 40 hours/week	1.5×

Important: Overtime rules only apply to employees covered by the relevant employment standards act. Managers, IT professionals, and some other categories may be exempt from overtime protections in some provinces.

Frequently asked questions

Can my employer give time off instead of overtime pay? In most provinces, yes — this is called “time off in lieu” (TOIL). The employer can substitute paid time off at 1.5× the hours worked. For example, 4 hours of overtime can be replaced with 6 hours of paid time off. The TOIL must be agreed to in writing and taken within a specified period. Check your province’’s specific rules.

What if I am salaried — does overtime apply? It depends on your job category and province. In Ontario, overtime rules apply to most salaried employees based on hours worked per week, not how they are paid. However, “managers” (those who genuinely supervise and direct others with hiring/firing authority) are often exempt. If you are a salaried employee doing non-management work, you likely still qualify for overtime.

How much unpaid overtime can I recover? Most provinces allow recovery of up to 2 years of unpaid overtime through employment standards complaints. If you have records (time sheets, email logs showing late hours, building access records), calculating back-pay is straightforward. Even without perfect records, the employer bears the burden of proving hours worked at the complaint stage.

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