Knowing hours of work regulations is important for both employers and employees in Canada. These rules help make sure work is fair, workers are treated well, and people have time for their personal life.
Because of this importance, our guide here helps you capture well hours of work regulations in Canada, covering standard hours, overtime, breaks, industry-specific rules, and recent amendments.
What are the Standard Hours of Work in Canada?
In Canada, the standard working hours are typically:
- Monday to Friday
- 8:00 a.m. or 8:30 a.m. to 5:00 p.m.
- 40 hours per week, or 8 hours per day
The above standard workweek reflects the traditional “9-to-5” schedule that has been common for many years. However, this doesn’t mean all Canadians follow this schedule, as standard hours can vary by province and industry.
For example, in Alberta, employees may work up to 12 hours a day unless an exception occurs, such as an emergency.
Also, certain professions, such as managers, lawyers, doctors, engineers, and architects, may be exempt from standard hours of work provisions.
How Many Hours Can You Legally Work in a Day in Canada?
The maximum number of hours an employee can work in a day depends on the province.
| Province/Territory | Maximum Daily Hours |
| Alberta | 12 hours |
| British Columbia | Not stated |
| Manitoba | No legal limit |
| New Brunswick | No legal limit |
| Newfoundland and Labrador | No legal limit |
| Nova Scotia | No legal limit |
| Ontario | 8 hours |
| Prince Edward Island | No legal limit |
| Quebec | 14 hours |
| Saskatchewan | 12 hours |
| Northwest Territories | 10 hours |
| Nunavut | 10 hours |
| Yukon | 8 hours |
However, it’s worth noting that these daily maximums are not exact in all cases and can be exceeded in certain possibilities, such as emergencies or with a permit from the Ministry of Labour.
What is Considered Overtime in Canada?
Overtime refers to any hours worked beyond your standard hours of work. In most cases in Canada, if you work overtime, you will be paid at a rate of 1.5 times the employee’s regular hourly wage.
Of course, there are some employees may be entitled to a higher rate, as specified in their employment contract or collective agreement.
The overtime threshold varies by province, as shown in the table below:
| Province/Territory | Overtime Threshold |
| British Columbia | After 8 hours per day or 40 hours per week |
| Alberta | After 8 hours per day or 44 hours per week |
| Saskatchewan | After 40 hours per week |
| Manitoba | After 40 hours per week |
| Ontario | After 44 hours per week |
| Quebec | After 40 hours per week |
| New Brunswick | After 44 hours per week |
| Nova Scotia | After 48 hours per week |
| Prince Edward Island | After 48 hours per week |
| Newfoundland and Labrador | After 40 hours per week |
| Yukon | After 40 hours per week |
| Northwest Territories | After 40 hours per week |
| Nunavut | After 40 hours per week |
Some employees, such as managers, professionals, and certain salespeople, may be exempt from these overtime entitlements. This is usually because of the type of work they do and the amount of control and responsibility they have in their jobs.
How to Calculate Overtime Pay in Canada
To calculate an employee’s overtime pay, multiply your regular hourly rate by 1.5 (or the applicable overtime rate) for each hour worked beyond the overtime threshold.
For example, if an employee in British Columbia earns $20 per hour and works 10 hours a day, they would be entitled to 8 hours of regular pay ($160) and 2 hours of overtime pay ($ 40), for a total of $ 200.
In some cases, employees may opt to take time off in lieu of receiving overtime pay. This is known as “banked” time or “time off in lieu.”
It means that instead of extra pay, employees get 1.5 hours of paid time off for every hour of overtime they work. So this can be a valuable option for employees who prefer additional time off over extra pay, and it can also help employers manage labour costs and scheduling.
However, it’s important to for employee to have clear policies in place regarding this banked time to avoid confusion or disputes.
Can You Refuse to Work Overtime in Canada?
The answer is yes. You have the right to refuse overtime if you attend to family responsibilities related to:
- A family member’s health or personal care
- A child’s schooling if they’re under 18
Obviously, before turning down overtime, you must take reasonable steps to address work responsibilities through other means.
However, employees cannot refuse overtime if it is necessary due to an unforeseen situation that presents a serious threat to:
- The life, health, or safety of a person
- Property
- The employer’s normal operations
In these urgent and unforeseen circumstances, employers can require employees to work the necessary overtime to mitigate the risk or threat.
How Do Averaging Agreements and Modified Work Schedules Work?
Averaging agreements and modified work schedules are two ways in which employers and employees can introduce greater flexibility into the workweek while still complying with hours of work regulations.
Averaging Agreements
Averaging agreements allow employers to calculate standard and maximum hours over a period of 2 or more weeks rather than on a daily or weekly basis. This is particularly useful in industries with irregular hours due to seasonal or other factors.
When an employee exceeds the standard hours in an averaging period, overtime applies. If an employee’s contract is terminated during an averaging period, they must receive their overtime entitlements based on the completed weeks in the period.
Modified Work Schedules
Modified work schedules, like working longer days but fewer days a week, or having flexible start and end times can give both employers and employees more flexibility. But there are some rules to keep in mind:
- Over a period of 2 or more weeks, the average standard work hours can’t be more than 40 hours per week.
- The average maximum hours can’t be more than 48 hours per week.
- Overtime must be paid if someone works more than the hours set in the modified schedule, either daily or weekly.
To use a modified work schedule, the employer needs to get approval from the employee or their union. A notice about the new schedule must also be posted at least 30 days before it starts.
What Breaks are Employees Entitled To?
In addition to limits on working hours, employees in Canada are also entitled to certain breaks during their workday.
Meal Breaks
Under the Canada Labour Code, employees are entitled to a 30-minute unpaid meal break for every 5 consecutive hours worked. This break cannot be split, postponed, or cancelled, even at the employee’s request, unless there is an unforeseen issue or threat.
If an employer requires an employee to be available during their break, the break must be paid.
Employers cannot cancel or postpone an employee’s meal break, even at the employee’s request, unless there is an unforeseen issue or threat that requires the employee to work through their break.
Rest Periods Between Shifts
Employees are entitled to at least 8 consecutive hours of rest between work periods or shifts.
This rest period is important as it gives time for employees to recharge and avoid fatigue, which can lead to accidents, errors, and reduced productivity.
Thus, employers must make every effort to provide this minimum rest period, unless urgent or unforeseen circumstances require an employee to return to work with less than 8 hours of rest.
Other Types of Breaks
While meal breaks and rest periods are the most common types of breaks required by law, some employees may be entitled to additional breaks depending on their circumstances, such as
- Nursing employees are entitled to reasonable breaks as needed to nurse or express milk.
- Employees may be entitled to breaks for medical reasons, such as taking medication or monitoring a health condition.
Employers should have clear policies in place regarding breaks and should communicate these policies to employees to ensure understanding and compliance.
What are Employers’ Obligations for Tracking Hours Worked?
To make sure everything is on track, employers must keep accurate records of the hours each employee works daily and retain these records for 36 months after the work is completed.
In addition to these daily records, employers may also be required to keep other records related to hours of work, such as:
- Overtime agreements and calculations
- Averaging agreements
- Modified work schedule agreements
- Time off in lieu agreements
These records are important for demonstrating compliance with labour laws and for resolving any disputes or claims related to hours of work or pay.
If employers fail to keep accurate and complete records of hours worked, they can face significant penalties under labour legislation.
These penalties can include:
- Fines ranging from $500 to $10,000 per offence (Source)
- Additional penalties for repeat offences
- Prosecution for more serious violations
In addition to these statutory penalties, employers who fail to keep proper records may also be liable for any unpaid wages or overtime that cannot be accurately calculated due to the lack of records.
What are Employees’ Rights Under Hours of Work Legislation?
While most work hour rules focus on what employers must do, but it’s also important to know that employees have rights too, primarily when it comes to work hours and working conditions.
Five key rights of employees under hours of work legislation include:
- The right to be paid for all hours worked, including overtime hours
- The right to meal breaks and rest periods as required by law
- The right to refuse overtime work for certain family responsibilities
- The right to have their hours of work accurately tracked and recorded
- The right to file a complaint if they believe their employer has violated their hours of work rights
Employees who believe that their workplace human rights have been violated should first try to raise the issue with their employer and see if a resolution can be reached.
The bottom line
Work hour rules are an important part of labour laws in Canada. They help make sure employees are treated fairly and their health and well-being are protected.
There’s a lot to cover—from standard hours and overtime to breaks and special rules for certain jobs.
That’s why employers need to follow these rules carefully, including keeping track of hours worked, giving proper breaks, and making sure employees are paid correctly for their time.
FAQs related to Hours of Work in Canada
Can an employer average an employee's hours of work over multiple weeks?
Yes, an employer can average an employee's hours of work over a period of 2 or more weeks if the nature of the work necessitates irregular hours due to seasonal or other factors. This allows for a more flexible approach to calculating standard and maximum hours.
Do managers and professionals have the same hours of work regulations as other employees?
No, managers and certain professionals, such as lawyers, doctors, engineers, and architects, may be exempt from some or all of the hours of work provisions in labour legislation due to the unique demands and responsibilities of their roles.
How long must an employer retain records of employees' hours worked?
Employers must keep a daily record of each employee's hours of work and retain these records for a minimum of 36 months after the work is performed.
What are the restrictions on working hours for young workers in Canada?
Young workers under the age of 18 are prohibited from working during certain night hours, specifically between 11:00 p.m. and 6:00 a.m. These restrictions are in place to protect the health, safety, and well-being of young workers and to ensure that their work does not interfere with their education.
Are student interns entitled to overtime pay?
Student interns who are completing work placements as part of their educational program are subject to the same daily and weekly maximum hours as other employees (8 and 40, respectively) but are not entitled to overtime pay for work directly related to their educational program.
What should an employee do if they believe their employer has violated their hours of work rights?
If an employee believes their employer has violated their hours of work rights, they should first attempt to resolve the issue internally with their employer. If a resolution cannot be reached, the employee can seek assistance from their provincial or federal labour ministry or board.
Do hours of work regulations vary for employees in federally regulated industries?
Yes, employees in federally regulated industries, such as banking, telecommunications, and interprovincial transportation, are subject to the hours of work provisions outlined in the Canada Labour Code, which may differ from provincial regulations.
How do hours of work regulations address the needs of nursing employees?
Nursing employees are entitled to reasonable breaks as needed to nurse or express milk. These breaks are in addition to the standard meal breaks and rest periods required by law.
