How to claim unpaid wages and overtime in Canada
There is no single 'Canadian' way to claim unpaid overtime — the path, the regulator and above all the deadline depend on whether you are federally regulated, in Ontario, or in Québec. This hub maps the whole route step by step.
Which regulator applies
Your claim path follows your jurisdiction. Get this wrong and you file with the wrong office: or miss a shorter deadline.
- Federal: Labour Program (ESDC) / the Head : file a federal unpaid wages complaint
- Ontario: Ministry of Labour employment standards officers : file an ESA claim in Ontario
- Québec: CNESST for monetary claims under the Labour Standards Act; Tribunal administratif du travail if needed
Before filing, a written ask to the employer often helps: ask your employer in writing · raise overtime with HR.
Claim deadlines
- Federal: complain within about 6 months of when wages were due; a payment order generally reaches back 24 months (Canada Labour Code s. 251.01 / s. 251.1)
- Ontario: recoverable wages generally limited to 2 years before the complaint or inspection (ESA s. 111)
- Québec: civil action under the LNT prescribes in one year from each due date (art. 115): the shortest window; a CNESST investigation notice can suspend prescription for six months (art. 116)
Proving your hours
Employers must keep time records (federal regs ~3 years; Ontario s. 15 for 3 years; Québec register + pay stub rules under LNT art. 46 and N-1.1, r. 6). Your own dated log, emails and schedules still matter when records are incomplete.
Scale check
6 unpaid OT hours a week at $24 × 1.5 = $216 a week. Over 26 weeks: $5,616: enough to justify filing before the lookback shrinks.
Claiming after you leave
Quitting or being dismissed does not erase overtime already earned. File within the same jurisdiction deadlines. Reprisals for claiming wages are unlawful: see claiming after quitting or being fired · fired for claiming unpaid wages (reprisal).
Pay-stub errors
Compare stubs to your hours before you file. Missing overtime lines are often the first visible underpayment: read your pay stub and spot missing overtime · pay stub errors: what to do.
Frequently asked questions
Can I claim while still employed?
Yes. Keep communications factual and written. Reprisal protections exist in each regime covered here.
Do I need the overtime rights overview first?
Helpful: unpaid overtime in Canada: complete guide for thresholds and 1.5× rules by jurisdiction.
Related articles
- How to Ask Your Employer for Unpaid Overtime (Without Burning Bridges)Before any complaint, there is the polite written ask. Here is how to frame unpaid overtime as a legal entitlement, not a favour, build the letter around your real numbers, and keep it time-boxed while the deadlines run.
- Raising an Overtime or Pay Issue With HR: A Practical ScriptThe written letter opens the door, but at some point you sit across from HR. Here is how to prepare your numbers, anticipate the four defences employers reach for most, and answer each one calmly, on the record, without waiving a cent of the statutory minimum.
- Errors on Your Pay Stub: What They Mean and How to Fix ThemOvertime paid at straight time, the wrong threshold, banked leave that never turned into cash, a missing holiday premium: the most common pay-stub errors all have a name and a remedy. Here is how to identify each one and the ladder of steps to get it corrected.
- Can You Be Fired for Claiming Unpaid Wages? Reprisal Protections in CanadaThe fear that asking for your unpaid overtime will cost you your job stops many workers before they start. In fact, all three Canadian regimes in our scope protect employees who assert wage rights, and a dismissal or penalty for making a claim is itself actionable, separate from the wage debt.
- How to Claim Unpaid Wages and Overtime in Canada: A Step-by-Step GuideThere is no single 'Canadian' way to claim unpaid overtime; the path, the regulator and above all the deadline depend on whether you are federally regulated, in Ontario, or in Québec. This hub maps the whole route step by step, and the deadline differences that decide whether you recover anything.
- Filing an Unpaid-Wages Complaint With the Federal Labour ProgramIf your employer is federally regulated, you don't go to a provincial ministry; you file with the Labour Program under the Canada Labour Code. Here is exactly who qualifies, the six-month deadline to complain, how far back a payment order can reach, and the evidence to gather first.
- How to File an ESA Claim With Ontario's Ministry of LabourIn Ontario you don't sue in court first; you file an employment-standards claim with the Ministry of Labour, and an officer can order your employer to pay. Here's how the process works, the strict two-year recovery limit, the records your employer must keep, and the review route to the OLRB.
- Don't Miss the Deadline: Time Limits to Claim Unpaid Overtime in CanadaTwo clocks decide whether you get paid: the deadline to FILE and how far back you can RECOVER. They are not the same, and they differ by regime: 6 months / 24 months federally, 2 years in Ontario, and a rolling 1 year per pay period in Québec. Here is how each one runs and why waiting quietly deletes money.
- How Far Back Can You Claim Unpaid Wages? The 24-Month, 2-Year and 1-Year WindowsYour lookback window depends entirely on your regime. Federal claims reach back 24 months, Ontario 2 years, and Québec just 1 year, computed pay period by pay period. Here is how each clock runs and why it matters in dollars.
- How to Prove the Hours You Worked (Even Without a Timesheet)No timesheet? You can still build a strong record. Canadian law does not automatically reverse the burden of proof, but your employer's legal duty to keep hour-by-hour records is a powerful lever. Here is how to use it.
- Claiming Unpaid Overtime After You Quit or Are Let GoLeaving your job does not erase overtime you were owed. In fact, termination can trigger payment. Here is how the federal, Ontario and Québec regimes treat overtime claims after you quit or are let go, and why the clock is still running.
- How to Read Your Canadian Pay Stub and Spot Missing OvertimeYour pay stub is the first place unpaid overtime shows up, if you know where to look. Learn what your statement must contain by law, how to check that hours over the threshold are paid at 1.5×, and how to reconcile it against your own record of hours worked.
- Your Employer Must Keep Your Time Records: Here's How to Use ThatIn every Canadian regime, your employer is legally required to record your daily hours, your rate, and your overtime, and to keep them for years. Here is exactly what they must hold, and how to turn those duties into leverage for your claim.
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