Overtime and Break Laws in Canada (2026)
Canada Labour Code, Part III (federal); each province and territory has its own employment standards act · Reviewed 2026-10 · Private-sector employees
Overtime
Provinces and territories set overtime for most employers; see the regional entries. These rows are the federal Canada Labour Code rule for federally regulated employers: 1.5x after 8 hours a day or 40 a week, whichever gives more.
Breaks and lunch
Federal rule: an unpaid 30-minute break for every 5 consecutive hours worked. Provinces set their own break rules.
The rules differ by province
In Canada, most employers follow the rules of the province or territory where the work is done. The figures above are the national rules; pick yours below.
Alberta
1.5x for hours over 8 in a day or 44 in a week, whichever is greater (the 8/44 rule).
British Columbia
1.5x after 8 hours a day up to 12, 2x after 12 hours a day, and 1.5x after 40 hours a week counting only the first 8 hours worked each day.
Manitoba
1.5x the regular wage for hours over 8 in a day or 40 in a week.
New Brunswick
Overtime after 44 hours in a week at 1.5x the MINIMUM wage ($23.85 an hour from April 1, 2026), not 1.5x the employee's own rate. No daily overtime.
Newfoundland and Labrador
Overtime after 40 hours in a week at the minimum overtime wage ($24.53 an hour from April 1, 2026, which is 1.5x the $16.35 minimum wage). No daily overtime.
Northwest Territories
1.5x after 8 hours a day and after 40 hours a week, calculated on both a daily and weekly basis.
Nova Scotia
1.5x the regular wage after 48 hours in a week. No daily overtime.
Nunavut
1.5x the regular rate for hours over 8 in a day or 40 in a week.
Ontario
1.5x after 44 hours in a work week. No daily overtime unless a contract says so.
Prince Edward Island
1.5x the regular wage after 44 hours in a work week. No daily overtime.
Quebec
1.5x (a 50% premium) after 40 hours in a week. No daily overtime.
Saskatchewan
1.5x after 8 hours a day (10 for employees scheduled for four 10-hour days) or 40 hours a week, whichever is greater.
Yukon
1.5x for hours over the standard 8 hours a day or 40 hours a week.
Overtime in Canada
- 1.5x pay for hours past 8 in a day.
- 1.5x pay for hours past 40 in a week.
- Federal rules cover only federally regulated work (banks, airlines, interprovincial trucking, telecoms, ports and similar). Everyone else follows their province or territory.
- Daily and weekly overtime are compared and the greater amount is paid, not both.
- Time off instead of pay is allowed at 1.5 hours per overtime hour, taken within 3 months of the pay period (up to 12 months by written agreement).
- Maximum is 48 hours a week unless an excess hour permit, emergency, averaging or modified work schedule applies.
- Managers and members of architectural, dental, engineering, legal and medical professions are excluded. Trucking has its own standards (highway drivers 60 hours a week).
Averaging over a pay period: Allowed for irregular schedules over 2 or more weeks; a modified work schedule must average no more than 40 standard and 48 maximum hours a week.
What two weeks of work come to
Worked out by the rule above (1.5x after 40h in a week, 1.5x after 8h in a day). Hours.
| Two weeks of | Regular | Overtime (1.5x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 80 | 20 |
| 6 days of 9 hours, two weeks (108h) | 80 | 28 |
| 50 hours, then 30 hours (80h) | 70 | 10 |
Breaks and lunch in Canada
- Meal break: 1 × 30 minutes, unpaid, for shifts of 5 hours or more.
- Meal break: 2 × 30 minutes, unpaid, for shifts of 10 hours or more.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | None |
| 6 hours | None | 1 × 30 min, unpaid |
| 8 hours | None | 1 × 30 min, unpaid |
| 10 hours | None | 2 × 30 min, unpaid |
| 12 hours | None | 2 × 30 min, unpaid |
- The break must be paid if the employer requires the employee to stay available.
- At least 8 consecutive hours off between shifts.
- One full day of rest a week, usually Sunday.
- The second break row reflects 'every 5 consecutive hours'; strictly it is needed once work runs past 10 hours.
Pay by Canada rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Canada: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in Canada?
Provinces and territories set overtime for most employers; see the regional entries. These rows are the federal Canada Labour Code rule for federally regulated employers: 1.5x after 8 hours a day or 40 a week, whichever gives more.
Can overtime be averaged over two weeks or a pay period in Canada?
Allowed for irregular schedules over 2 or more weeks; a modified work schedule must average no more than 40 standard and 48 maximum hours a week.
What breaks are required in Canada?
Federal rule: an unpaid 30-minute break for every 5 consecutive hours worked. Provinces set their own break rules.