Knowing the 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 lives.
Because of this importance, our guide here helps you capture hours of work regulations in Canada, covering standard hours, overtime, and breaks.
What are the Standard Hours of Work in Canada?
Under the Canada Labour Code, the standard hours of work are 8 hours per day and 40 hours per week. A “day” means any consecutive 24-hour period, while a “week” means any period of seven consecutive days.
For many workplaces, this matches the traditional Monday to Friday, 9-to-5 schedule (often 8:00 a.m. or 8:30 a.m. to 5:00 p.m.). These represent the threshold at which overtime provisions trigger, not necessarily the maximum hours an employee can work.
The standard workday in Canada is 8 hours, but this does not mean all Canadians follow the same schedule. The maximum number of hours an employee can work in a day varies across provinces in Canada:
| Province/Territory | Daily Limits (Approx.) |
| Alberta | Up to 12 hours per day in most cases (with exceptions for emergencies and approvals) |
| British Columbia | No general daily limit in employment standards; weekly limits and health & safety rules still apply |
| Manitoba | Standard 8 hours/day; up to 12 hours/day in certain approved arrangements |
| New Brunswick | No general daily limit in employment standards; weekly limits and health & safety rules still apply |
| Newfoundland and Labrador | No general daily limit in employment standards; weekly limits and health & safety rules still apply |
| Nova Scotia | No general daily limit in employment standards; weekly limits and health & safety rules still apply |
| Ontario | Standard limit 8 hours/day unless a written agreement sets a higher daily limit. |
| Prince Edward Island | No general daily limit in employment standards; weekly limits and health & safety rules still apply. |
| Quebec | 14 hours (employee can refuse if over 14 hours/day or 50 hours/week) |
| Saskatchewan | Standard 8 hours/day (some schedules allow up to 10–12 hours). |
| Northwest Territories | Standard 8 hours/day; overtime applies beyond standard hours. |
| Nunavut | Standard 8 hours/day; overtime applies beyond standard hours. |
| Yukon | Standard 8 hours/day; overtime applies beyond standard hours. |
It is worth noting that these daily maximums are not exact in all cases and can be exceeded in certain circumstances, such as emergencies or with a permit from the Ministry of Labour.
What Rights Do Employees Have for Hours of Work?
While most work hour rules focus on what employers must do, it is 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 the 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.
What is Considered Overtime in Canada?
Overtime refers to any hours worked beyond your standard hours of work. 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 (daily limits of 8-10 hours may apply depending on schedule) |
| Manitoba | After 8 hours per day or 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 8 hours per day or 40 hours per week |
| Northwest Territories | After 8 hours per day or 40 hours per week |
| Nunavut | After 8 hours per day or 40 hours per week |
Overtime thresholds above are simplified. In several provinces and territories like Manitoba, Yukon, Northwest Territories and Nunavut, overtime may apply after both a daily and weekly threshold.
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 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 is important for employees 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 are under 18
Obviously, before turning down overtime, you must take reasonable steps to address work responsibilities through other means.
Also, you can refuse overtime if working additional hours would endanger your health or the health and safety of others. For example, an employee working 12 consecutive days who faces excessive tiredness affecting safe performance can refuse additional hours.
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.
What Exceptions Exist to Standard Hours of 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 employment contract is terminated during an averaging period, the employee receives 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 not be more than 40 hours per week.
- The average maximum hours can not 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 must receive an unpaid break of at least 30 minutes after every 5 consecutive hours of work.
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.
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.
Coffee Breaks and Short Breaks
The Canada Labour Code does not mandate coffee breaks or other short breaks beyond the 30-minute meal break.
When employers voluntarily provide such breaks, they count as paid time (part of hours worked). Many workplaces offer two 15-minute paid breaks per 8-hour shift as standard practice, but this is not legally required.
Employers must provide these mandatory breaks. Employees can refuse to work if breaks are not granted, except during genuine emergencies. Violations of break requirements constitute breaches of employment standards.
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 Do Employers Need to Track for Work Hours?
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.
For example, in British Columbia, administrative penalties for repeated employment standards violations can range from $500 for a first contravention up to $10,000 for repeated non-compliance.
Other provinces, territories and the federal Labour Program have their own penalty schedules, which can be higher or lower depending on the violation, the severity, and the employer’s history of non-compliance.
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.
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 is 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 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.
