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.

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 ofRegularOvertime (1.5x)
5 days of 8 hours, two weeks (80h)800
5 days of 10 hours, two weeks (100h)8020
6 days of 9 hours, two weeks (108h)8028
50 hours, then 30 hours (80h)7010

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.
ShiftRest breaksMeal break
4 hoursNoneNone
6 hoursNone1 × 30 min, unpaid
8 hoursNone1 × 30 min, unpaid
10 hoursNone2 × 30 min, unpaid
12 hoursNone2 × 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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General information, not legal advice. Collective agreements, awards and contracts can give more than the law, and laws change. Check the official sources below before acting.

Official sources

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.

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