Unpaid overtime in Canada: federal, Ontario and Québec rules
There is no single 'Canadian' overtime rule. Whether you are federally regulated or work in Ontario or Québec decides your threshold, your rate and your deadline. Here is how each regime works.
Federal or provincial employee?
There is no single “Canadian” overtime rule. About 6–8% of workers fall under the federal Canada Labour Code (banks, airlines, interprovincial transport, telecoms, etc.). Everyone else follows the province where they work. This hub covers federal, Ontario and Québec: other provinces are outside this scope.
Overtime thresholds (40 vs 44 hours)
- Federal: standard hours are 8 per day and 40 per week (Canada Labour Code s. 169): overtime when either limit is crossed first
- Québec: normal week is 40 hours (LNT art. 52): no daily statutory overtime threshold
- Ontario: overtime after 44 hours in a work week (ESA s. 22): not 40
40 vs 44 hours: threshold guide · Federal Canada Labour Code overtime · How to calculate overtime pay in Ontario
Time-and-a-half and calculation
In all three regimes covered here, statutory overtime is at least 1.5× the regular rate (federal s. 174; Québec LNT art. 55 “majoration de 50 %”; Ontario ESA s. 22). Time off in lieu may replace cash if the rules for your regime are followed.
Worked examples
Regular rate $25/h, week of 48 hours, no lieu time taken:
- Ontario: 4 OT hours × $25 × 1.5 = $150
- Québec / federal (weekly only): 8 OT hours × $25 × 1.5 = $300
- Federal daily: a 10-hour day already creates 2 OT hours that day (2 × $25 × 1.5 = $75), even if the week later stays under 40
Time-and-a-half explained · Time off in lieu vs overtime pay · Two pay rates in one Ontario week
Who is exempt
Managerial and some professional exclusions exist, but they turn on actual duties, not the job title. Salaried pay alone does not remove overtime. Details: manager and supervisor exemptions · do salaried employees get overtime? · averaging agreements and the threshold.
Frequently asked questions
How far back can I claim?
Deadlines differ: roughly 24 months federal lookback (with a 6-month complaint clock), 2 years Ontario, 1 year Québec (each pay due date). See how to claim unpaid wages in Canada.
Is 1.5× always owed?
For non-exempt employees over the statutory threshold in federal, Ontario or Québec: yes, at least 1.5×, unless valid lieu time was taken on time. A collective agreement can only improve on that floor.
Related articles
- 40 or 44 Hours? The Overtime Threshold That Decides Your PayThe single most important number in a Canadian overtime claim is the threshold. Federal is 8h/day or 40h/week, Ontario is 44h/week, Québec is 40h/week, and using the wrong one silently loses you money.
- Are You a Federally Regulated Employee? Why It Changes Your Overtime RightsBefore you can calculate a cent of overtime, you must know which regime governs your job. Whether your employer is federally regulated or provincial decides your threshold, your rate and your deadline.
- How to Calculate Your Overtime Pay in Ontario (Step by Step)A plain-English walkthrough of Ontario overtime under the ESA: the 44-hour weekly threshold, the 1.5× rate, the two-rates rule, averaging, time off in lieu, and the 2-year recovery limit.
- Overtime Under the Canada Labour Code: A Guide for Federally Regulated WorkersIf you work for a bank, airline, telecom or other federally regulated employer, the Canada Labour Code governs your overtime: 8h/day and 40h/week standard hours, 1.5× pay, banked time rules and a 24-month lookback.
- Time Off in Lieu vs. Overtime Pay: Do You Have to Accept Banked Hours?Your employer wants to give you banked time off instead of overtime pay. When is that allowed, and what happens to lieu time you were owed but never took? It becomes money you can still claim.
- Night Shift and Weekend Premiums in Canada: What the Law Actually GuaranteesYou worked nights or Sundays and expected a premium. Here is the honest answer: in the federal, Ontario and Québec regimes there is no statutory night or Sunday premium; those come only from your contract or collective agreement. But the overtime and holiday premiums that ARE statutory, you can still claim.
- Do Salaried Employees Get Overtime in Canada?"You're on salary, so no overtime." It's one of the most common, and most costly, myths at work. Being paid a salary does not, by itself, remove your right to overtime. Here's what actually decides it.
- Unpaid Overtime in Canada: The Complete Guide to Getting Paid What You're OwedThere is no single 'Canadian' overtime rule. Whether you are federally regulated or work in Ontario or Québec decides your threshold, your rate and your deadline. Here is how each regime works.
- Averaging Agreements: How Employers Can (Legally) Change Your Overtime Threshold"We average your hours, so no overtime this week." Hours averaging can lawfully shift when overtime kicks in, but only under a valid, authorised agreement. Without one, the firm weekly threshold still applies.
- Working a Public Holiday in Canada: Holiday Pay PLUS Premium Pay (1.5×)Worked a statutory holiday and only got your usual pay? Holiday pay and premium pay for working the day are two separate entitlements, and premium pay is not the same thing as weekly overtime. You can be owed both.
- Minimum Wage in Canada: How to Check You're Not Being UnderpaidThere is no single 'Canadian' minimum wage; it depends on your jurisdiction and it changes every year. Learn how to find the rate that applies to you, calculate your real effective hourly rate, and confirm your overtime is being paid on the right floor.
- Two Pay Rates in One Week? How Overtime Is Calculated in OntarioIf you do two different jobs for the same Ontario employer at two different rates, your overtime is not a blended average by default; each hour over 44 is paid at 1.5× the rate for the work done in that hour. Here's how the ESA rule works and how to check you weren't shortchanged.
- Overtime Pay in Canada: When You're Owed Time-and-a-Half (1.5×)Across the federal, Ontario and Québec regimes, overtime is paid at 1.5× the regular rate, a legal and calculable floor. Here is exactly what the multiplier applies to, and where the base differs.
- Overtime Exemptions: Are Managers and Supervisors Really Excluded?A "manager" title on your business card does not automatically strip you of overtime. Exemptions are narrow and based on what you actually do, not on what your role is called. Here's the real test.
Start a free audit
Check in 3 minutes how much your employer may actually owe you.
Start the audit