Overtime Laws and Rights in Canada 2026
Complete guide to overtime laws in Canada. Understand federal and provincial overtime rates, minimum hours, employee rights, and how to calculate overtime pay.
Published April 19, 2026 | Employee rights | 10 min read
Federal Overtime Rules (Canada Labour Code)
Employees under federal jurisdiction (banking, telecommunications, interprovincial transport) are covered by the Canada Labour Code:
Standard Work Week: 40 hours
Overtime Hours: Any hours beyond 40/week
Overtime Pay Rate: 1.5x regular rate (time and a half)
Double Time: After 12 hours in a day or 8 hours on holidays
Overtime Hours: Any hours beyond 40/week
Overtime Pay Rate: 1.5x regular rate (time and a half)
Double Time: After 12 hours in a day or 8 hours on holidays
Overtime Exemptions
Some positions are exempt from overtime pay:
- Managers and supervisors (some jurisdictions)
- Professional employees (doctors, lawyers, engineers - varies)
- Sales employees on commission
- Self-employed individuals
Provincial Overtime Rules
Each province sets its own overtime rules. Here's a comparison:
Ontario
| Item | Details |
|---|---|
| Daily Overtime | After 8 hours/day @ 1.5x |
| Weekly Overtime | After 44 hours/week @ 1.5x |
| Minimum Wage | $16.55/hour (2026) |
British Columbia
| Item | Details |
|---|---|
| Daily Overtime | After 8 hours/day @ 1.5x |
| Weekly Overtime | After 40 hours/week @ 1.5x |
| Minimum Wage | $15.65/hour (2026) |
Alberta
| Item | Details |
|---|---|
| Overtime | After 8 hours/day @ 1.5x |
| Minimum Wage | $15.00/hour (2026) |
Calculating Overtime Pay
Example Calculation
Scenario:
Hourly rate: $25
Hours worked: 50 (Ontario, after 44 = 6 OT hours)
Calculation:
Regular pay: 44 × $25 = $1,100
Overtime pay: 6 × $25 × 1.5 = $225
Total pay: $1,100 + $225 = $1,325
Hourly rate: $25
Hours worked: 50 (Ontario, after 44 = 6 OT hours)
Calculation:
Regular pay: 44 × $25 = $1,100
Overtime pay: 6 × $25 × 1.5 = $225
Total pay: $1,100 + $225 = $1,325
Employee Rights Regarding Overtime
✅ Rights
- Right to be paid for OT work
- Right to accurate calculation
- Right to refuse excessive OT*
- Right to compensatory time off
- Right to records
❌ Illegal Practices
- No pay for overtime
- Underpaying OT hours
- Forced unpaid OT
- Retaliation for refusing
- Misclassifying employees
*Right to refuse may have limits depending on your role and circumstances
Compensatory Time Off (Time Banking)
Some employers offer "comp time" instead of overtime pay:
- Time off at regular rate instead of 1.5x pay
- Usually not required to be accepted by employees
- If accepted, must be taken within agreed timeframe
- Pay outstanding comp time upon termination
- Varies by province - check local laws
💡 Tip: Verify your province's rules - some don't allow comp time and require payment instead.
If You're Not Being Paid Overtime
- Contact your employer: May be an honest mistake
- Report to labour board: Each province has an employment standards authority
- Keep records: Document hours worked
- Seek legal advice: Labour lawyers often offer free consultations
- File complaint: Time limits apply - act quickly
Calculate Your Overtime
Use PayStub.pro's Overtime Calculator to instantly calculate your overtime pay.