Overtime in Canada is set province by province, and the threshold past which you owe extra pay differs depending on where the work is done. Some provinces use a daily threshold (commonly more than 8 hours in a day), some use a weekly one (40, 44 or 48 hours in a week), and several use both, whichever is reached first. Overtime is normally paid at 1.5 times the regular wage, and a couple of provinces add a double-time rate for very long days. On a crew putting in long site hours, getting the threshold wrong is one of the most common and most expensive employment-standards mistakes a trade business makes.
The thresholds by jurisdiction
The general overtime threshold for 2026, by jurisdiction:
- Daily 8 hours or weekly 40 hours, whichever first: Alberta, British Columbia, Manitoba, Northwest Territories, Nunavut, Saskatchewan, Yukon, and federally regulated work.
- Weekly 40 hours only: Newfoundland and Labrador, Quebec.
- Weekly 44 hours: Ontario, New Brunswick.
- Weekly 48 hours: Nova Scotia, Prince Edward Island.
So the same 45-hour week triggers overtime in Ontario and New Brunswick (over 44), and in the daily/weekly provinces, but not in Nova Scotia or PEI (under 48). A 9-hour day triggers daily overtime in Alberta or BC but not in Ontario, which has no daily threshold. Always check the rule for the province where the work is physically done, not where your business is based.
The rate, and the double-time exception
The standard overtime rate is 1.5 times the employee's regular wage for every hour over the threshold. Two provinces go further on long days:
- British Columbia: 1.5 times after 8 hours in a day, then 2 times (double time) after 12 hours in a day.
- Alberta: the daily rule interacts with the weekly rule, and certain long shifts attract higher pay; confirm the current Alberta formula because it has province-specific quirks.
For a labourer earning $30 an hour in BC who works a 13-hour day, the first 8 hours are at $30, hours 9 to 12 are at $45 (time-and-a-half), and the 13th hour is at $60 (double time). That single long day costs noticeably more than four shorter ones for the same total hours.
Averaging agreements and the construction reality
Construction routinely runs compressed schedules: four 10-hour days, or long pushes to hit a deadline. Most provinces allow an overtime averaging agreement or a modified work schedule that lets you average hours over a period (often two or more weeks) so a long day does not automatically trigger daily overtime, provided the average stays within the weekly limit. These agreements have strict requirements: they usually must be in writing, agreed in advance, and registered or approved depending on the province. An informal "we just do four tens" with no proper agreement does not protect you; if challenged, you owe the daily overtime.
Who is exempt, and who is not
Some roles are exempt from overtime under provincial standards, commonly genuine managers and certain professionals. The exemption turns on the real duties, not the job title. Calling a working foreperson a "manager" to avoid overtime does not work if they spend their day on the tools alongside the crew. Treat every hourly trade worker as overtime-eligible unless you have confirmed a specific exemption applies, and document the basis if you rely on one.
Common mistakes
- Using one threshold everywhere. A 45-hour week is overtime in Ontario but not in Nova Scotia; a 9-hour day is daily overtime in BC but not Ontario.
- Running four tens with no written averaging agreement. Without a valid agreement, the daily overtime is still owed.
- Mislabelling a working foreperson as exempt. Overtime exemptions turn on actual duties, not the title.
- Forgetting double time in BC. Hours beyond 12 in a day are paid at twice the regular rate.
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