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Overtime Rules in Ontario: The 44-Hour Line

By Eashin Arafat Jihad · , 6 minute read

Overtime Rules in Ontario: The 44-Hour Line

It is the week before the holidays, and the manager asks if you can cover two extra closes. You say yes, because the money will help. Then a quieter question arrives on the bus home: will those extra hours pay more? Under Ontario's overtime rules, most employees earn overtime pay once they work more than 44 hours in a work week, and the overtime hours are paid at at least 1.5 times their regular hourly rate. Exceptions exist, and your own hours are what count, so read on before you plan around it.

Rules change, and not every job is covered the same way. This post is general information. The official source is the Ontario government's guide to the Employment Standards Act on ontario.ca. If you work outside Ontario, your province has its own rules.

How overtime pay works in Ontario

The Employment Standards Act sets a basic rule: once an employee has worked 44 hours in one work week, each extra hour is overtime. It is paid at 1.5 times the regular rate. So at an example rate of $18 an hour, an overtime hour pays $27.

Three details trip people up:

  • The line is weekly, not daily. A 10-hour Tuesday is not overtime by itself. What matters is the total for the work week.
  • The work week is a fixed seven-day period that your employer sets, such as Sunday to Saturday. Ask which days it covers, because shifts either side of the boundary land in different weeks.
  • Only hours you actually worked count. Unpaid meal breaks are not work time, so they do not push you toward 44. Our post on reading your first pay stub shows how to see paid hours on the stub.

A worked example: one busy week

Here is an example with made-up numbers. Suppose a student is paid $18 an hour and, in a busy holiday week, works 48 hours at a retail job.

  • Regular hours: 44 × $18 = $792
  • Overtime hours: 4 × ($18 × 1.5 = $27) = $108
  • Gross pay for the week: $792 + $108 = $900

If the overtime had been paid at the plain rate, the total would have been 48 × $18 = $864, so the overtime rule adds $36. That is gross pay, before CPP, EI and income tax come off; what comes off your paycheque in Ontario explains those. Your real rate and deductions will differ.

Overtime for students with two jobs

The 44-hour line applies per employer. If you work 30 hours at one job and 20 at another, that is 50 hours in total, but neither employer owes overtime on its own, because neither has you over 44. It is worth knowing so you are not surprised by a cheque without overtime, and it is a reason to keep careful track of your total week. Our guide to planning a weekly schedule around work and classes helps you see the whole load at once.

Time off instead of overtime pay

In some cases an employee and employer can agree, in writing, to take paid time off instead of overtime pay. The time off is normally worked out at 1.5 hours for each overtime hour, and there are limits on when it must be taken. Do not accept this arrangement verbally, and ask for it on paper. If you are unsure, check the ontario.ca guide or call the Ministry of Labour's Employment Standards information line.

When overtime rules may not apply

Some jobs and workers have special rules, and some employers use agreements that average hours over several weeks, which must follow the Act's conditions. If your pay stub does not show overtime and you believe it should, do not guess: ask your employer to explain how they counted your hours, then check the official guide.

If you are an international student

Overtime pay and your study-permit work limit are two separate things. Being paid overtime does not make extra hours allowed. During the school term, off-campus work is limited by your permit, and the current limit and break rules come from Immigration, Refugees and Citizenship Canada (IRCC). Our post on study permit work hours explains how to count them.

How CampusWage helps

The hard part of overtime is knowing your hours before the cheque shows up. CampusWage, a free shift and wage tracker for students, keeps your shifts in one week, shows what each shift pays after unpaid breaks, overtime and vacation pay, and turns each pay period into a pay cheque with a pay date to check against what lands. If you work several jobs, each has its own rate and pay calendar. It is an estimate; your pay stub is the final word.

Questions people ask

Is overtime paid after 8 hours a day in Ontario?

Not under the general rule. The usual line is 44 hours in a work week, not a daily number. Your employer's own policy may be more generous, so check your contract.

Does a part-time or student job get overtime?

Generally yes, if the job is covered by the Act and you pass 44 hours in a week. Being a student does not take away overtime pay.

Can my employer refuse extra hours I want?

Yes, an employer decides the schedule. Overtime is a pay rule, not a right to be given more shifts.

Can I be forced to work overtime?

There are limits on required hours and rest between shifts, and they are in the official guide. If you feel pressured, read it or ask the Employment Standards information line.

Does overtime count on my T4?

Yes, overtime is employment income like the rest of your pay, so it is part of the total on your T4 slip.

This is general information, not tax, legal or immigration advice. Rules and amounts change, and some jobs follow special rules. Check ontario.ca, the Canada Revenue Agency and IRCC for the current rules.