Overtime Pay Rules in Canada by Province 2026: Thresholds, Rates & Exemptions

Overtime pay rules in Canada are set by provincial and federal employment standards legislation — and they differ meaningfully by province. Knowing your province’s threshold, whether daily rules apply, and whether your role is exempt can make a significant difference in your take-home pay.

Overtime thresholds by province (2026)

Province-by-province details

Ontario — 44-hour weekly threshold

Ontario’s overtime threshold is 44 hours, which is higher than most provinces and means Ontario workers can be required to work up to 44 hours in a week before overtime premiums apply.

• No daily overtime rule
• Maximum hours of work: 8/day or 48/week, extendable by agreement
• Overtime rate: 1.5x for all hours over 44
• Banked time allowed: Yes, at 1.5 hours off per overtime hour, must be taken within 3 months (or 12 months with written agreement)

British Columbia — daily AND weekly, double time

BC has the most complex overtime rules in Canada:

• Daily overtime: Hours 1–8 at regular rate; hours 8–12 at 1.5x; hours over 12 at 2x
• Weekly overtime: All hours over 40 in a week at 1.5x (if not already captured by the daily rule)
• Seventh consecutive day: If you work 7 consecutive days in a work week, the first 8 hours on the 7th day are at 1.5x, and hours beyond 8 are at 2x
• The daily and weekly calculations run independently — you receive whichever results in more overtime pay

Example: You work 10 hours on Monday. Daily overtime: hours 8–10 = 2 hours at 1.5x. Those 2 hours are already overtime and do not also count toward the weekly 40-hour threshold calculation for further overtime.

Alberta — daily AND weekly

• Daily overtime after 8 hours at 1.5x
• Weekly overtime after 44 hours at 1.5x
• Hours that trigger daily overtime count toward weekly hours
• Banked time allowed with written agreement

Quebec — 40-hour weekly only

• No daily overtime rule
• Weekly threshold: 40 hours
• Overtime rate: 1.5x
• Compensatory leave may be substituted for overtime pay with employee consent

Federal (Canada Labour Code)

For federally regulated employees (banks, airlines, telecom, interprovincial transport):

• Daily threshold: 8 hours
• Weekly threshold: 40 hours
• Rate: 1.5x
• Maximum daily hours: 10 (employer and employee can agree to more in some circumstances)

How overtime pay is calculated

Step 1: Determine your regular rate

For hourly employees, this is straightforward. For salaried employees, it depends on the province:

• Most provinces calculate the regular rate as weekly salary ÷ actual or standard hours worked
• Some provinces use a fixed formula (e.g., weekly salary ÷ 40 hours regardless of actual hours)

Step 2: Identify overtime hours

Apply your province’s daily and/or weekly threshold. Count all hours actually worked — do not include meal breaks of 30+ minutes (these generally are not paid time and do not count toward overtime).

Step 3: Multiply

• Overtime hours × (regular rate × 1.5) = overtime pay owing

Example (Ontario):

• Regular hourly rate: $25.00
• Hours worked in week: 50
• Overtime hours: 50 − 44 = 6 hours
• Overtime pay: 6 × ($25 × 1.5) = 6 × $37.50 = $225 overtime premium
• Total earnings: (44 × $25) + $225 = $1,100 + $225 = $1,325

Banked overtime (time off in lieu)

Several provinces allow employers to offer paid time off in lieu instead of overtime pay. The rules:

If the banked time is not taken within the required window, the employer must pay out the overtime owing.

Critical point: The substitution must be at 1.5 hours off per overtime hour — not one-for-one. An employer who gives you 1 hour off for every overtime hour you worked is violating the law.

Who is exempt from overtime

Overtime exemptions vary by province, but commonly exempt employees include:

Management and supervision

The most common exemption. To qualify, the employee must actually perform supervisory duties — hiring, firing, directing other employees’ work. Job title alone is not sufficient. An employer who calls a worker a “manager” to avoid overtime obligations while the worker does the same tasks as everyone else is misclassifying them.

Licensed professionals

Lawyers, physicians, dentists, engineers, architects, and accountants are exempt in most provinces based on their professional licensing.

IT professionals (provincial variation)

BC, Alberta, and Quebec exempt some IT workers above a certain salary. Ontario does not have a specific IT exemption — only the general management/professional exemptions apply.

Commission-based salespeople

Sales employees paid primarily by commission and who work away from the employer’s premises are exempt in several provinces, including Ontario and BC.

Farm workers

Most agricultural workers are exempt from overtime in most provinces — a long-standing and frequently criticized feature of Canadian employment law.

Specific regulated industries

Some sectors (fishing, logging, certain construction) have industry-specific regulations that modify standard overtime rules.

If your employer is not paying overtime

If you believe you are owed overtime:

1. Calculate what you are owed using your province’s rules — keep your own records of hours worked
2. Request payment in writing from your employer, citing the specific employment standards provision
3. File a complaint with your provincial Employment Standards office if the employer does not pay — filing is free and the government investigates

Lookback periods for overtime complaints: 2 years in most provinces (some allow up to 3 years).

For a step-by-step process when your employer refuses to pay, see my employer is not paying overtime. To estimate your entitlement, use the overtime calculator.