Ontario HR Compliance · CLC Part III (labour standards)
Hours of Work and Overtime (CLC Part III)
Standard federal hours are 8 a day and 40 a week, overtime is at least 1.5 times the regular rate beyond that, and a handful of exemptions and averaging arrangements can change the calculation.
Standard hours and overtime under the Canada Labour Code:
- Standard hours: 8 a day and 40 a week
- Overtime: at least 1.5 times the regular rate once an employee works beyond the standard — generally past 8 hours in a day or 40 in a week, whichever comes first
- Maximum hours: normally capped at 48 a week
A general holiday changes the math for that week: standard weekly hours drop by 8 for each holiday in the week, so in a week with one holiday, overtime starts after 32 hours rather than 40.
Instead of overtime pay, an employee can take time off in lieu at 1.5 hours for every overtime hour worked, normally used within 3 months, or up to 12 months with a written agreement. Employers can also run modified or averaged schedules over two or more weeks, but only with the written agreement of the affected employee, or of at least 70% of an affected group.
A few groups are exempt from these hours-of-work rules: managers, and certain professionals including architects, dentists, engineers, lawyers, and medical doctors. Motor vehicle operators follow a separate regime — the Commercial Vehicle Drivers Hours of Service Regulations administered by Transport Canada — rather than these general provisions. Employees also have the right to refuse overtime to meet a family responsibility.
Employers must keep hours-of-work records for 36 months.
This is general information, not legal advice; confirm how these rules apply to a specific role, especially exemptions and averaging agreements, before relying on them.
Source: Government of Canada — Federal labour standards: hours of work ·
Also: Canada Labour Code, Part III
Last reviewed .
Confidence: Verified
Related notes
- Federal Minimum Wage (CLC Part III) — The federal minimum wage resets every April 1, indexed to the prior year's CPI and rounded up to the nearest $0.05, and an employer must pay the higher of the federal rate or the applicable provincial rate where the employee works.
- Breaks and Rest Periods (CLC Part III) — Federal employees get an unpaid 30-minute break every 5 consecutive hours of work, at least 8 consecutive hours of rest between work periods, and unpaid medical or nursing breaks where needed.
- Annual Vacation (CLC Part III) — Federal vacation entitlement is tiered by continuous service — 2 weeks/4% after 1 year, 3 weeks/6% after 5 years, 4 weeks/8% after 10 years — a richer scale than Ontario's, which has no statutory 4-week tier.
- General (Statutory) Holidays (CLC Part III) — Federal employees get 10 general holidays, one more than Ontario's 9, because the federal list adds the National Day for Truth and Reconciliation and Remembrance Day.
- Recordkeeping (CLC Part III) — Federal employers must keep hours and wage records for 36 months, paid-medical-leave records for 3 years, and the required averaging and holiday-substitution notices — recordkeeping failures are a designated AMP violation.
- Federal vs. Ontario Jurisdiction: The Employment-Law "Instead Of" Rule — A federally regulated employer follows the Canada Labour Code and related federal statutes in place of Ontario employment law, not on top of it — the federal regime replaces the ESA, OHSA, Human Rights Code, AODA and Pay Equity Act rather than adding to them.