In Ontario, overtime is governed by the Employment Standards Act, 2000: an hour becomes overtime after 44 hours in the work week, and it is paid at least one and a half times the regular rate. An employment contract or collective agreement can give more, never less (section 5).
Updated October 9, 2026, based on the Employment Standards Act, 2000 and Ontario Regulation 285/01 as of October 6, 2026.
When does an hour become overtime in Ontario?​
The employer pays at least one and a half times the regular rate for each hour worked beyond 44 hours in the work week (section 22). The work week is a recurring period of seven consecutive days chosen by the employer; if none was chosen, it runs from Sunday to Saturday (section 1).
The threshold is weekly. A 10-hour day creates no overtime if the week stays at 44 hours or less.
Example: a coordinator paid $24 an hour works 47 hours in the week. The first 44 hours are paid at $24 and the next 3 at $36, for $1,056 + $108 = $1,164.
For an employee paid by the hour, the regular rate is their usual hourly rate. For a salaried employee, it is the week's pay divided by the non-overtime hours actually worked that week (section 1). If an employee has two rates with the same employer, each hour past 44 is paid at one and a half times the rate for the work done in that hour (section 22).
Hours paid at premium pay on a public holiday do not count toward the 44-hour threshold (section 31). Holiday pay is covered in our article on public holiday pay for part-time employees in Ontario.
Set in writing the day your work week starts. Without that choice, the Act uses Sunday to Saturday.
See it with your own rules
Feuille de temps applies the premium past the weekly threshold set up with your organization and keeps each employee's overtime bank balance.
Can hours be averaged over several weeks?​
Yes, under certain conditions (section 22). The employer and the employee sign an averaging agreement covering separate periods of two to four consecutive weeks. The agreement sets a start date and an expiry date, no more than two years later if the employee is not represented by a union. It cannot be revoked before it expires unless both parties agree. Since April 3, 2019, it no longer needs approval from the Director of Employment Standards.
Example: an agreement averages hours over two weeks. A support worker works 50 hours, then 38 hours. The average is 44 hours: no overtime. Without the agreement, the 6 hours past 44 in the first week would be paid at the overtime rate.
The employer keeps a copy of every averaging agreement for three years after the last day of work under it (section 15). The other records to keep are listed in our article on employee time records in Ontario.
Can overtime be taken as time off instead?​
Yes, if the employer and the employee agree (section 22). Each overtime hour then earns one and a half hours of paid time off: 6 overtime hours are worth 9 hours off.
The time off must be taken within three months after the work week in which the overtime was earned, or within 12 months if the employee agrees. If the employment ends before then, the overtime is paid.
Note the work week in which each hour goes into the bank: that is when the three-month or 12-month clock starts.
How many hours can an employee be asked to work?​
The Act caps work at 8 hours a day, or the regular work day if it is longer, and 48 hours in a work week (section 17). Going past these limits requires a written agreement with the employee, and the employer must first give them the latest information document published by the Director of Employment Standards. The employee can revoke the agreement with two weeks' written notice.
The cap and the overtime threshold are two separate rules: an employee who agreed to work 50 hours is still owed overtime pay past 44.
Who is not covered by the 44-hour threshold?​
Ontario Regulation 285/01 exempts some employees from the overtime rules (section 8), including:
- a person whose work is supervisory or managerial in character and who performs other tasks only on an irregular or exceptional basis;
- a student employed to instruct or supervise children, or at a camp for children;
- a student in a recreational program run by a registered charity, if their work is directly connected with the program;
- an information technology professional.
Some professionals, including those practising law, medicine or psychology and teachers as defined in the Teaching Profession Act, are excluded from the parts of the Act on hours of work, overtime, minimum wage, public holidays and vacation (section 2 of the regulation). Other trades have a threshold other than 44 hours. If in doubt, check your situation with the Ontario Ministry of Labour.
Sources​
- Employment Standards Act, 2000, e-Laws
- Ontario Regulation 285/01, e-Laws
- Overtime pay, Your guide to the Employment Standards Act, Government of Ontario
Feuille de temps​
Feuille de temps is timesheet software built for non-profits. Once we have set up your rules with you, it calculates daily and weekly overtime premiums and the overtime, sick and vacation banks, and prepares reports for payroll. Setting the threshold is explained in [Configuring overtime premiums](/docs/tutorial-admin/heures-supplementaires-majorees).Frequently Asked Questions
When does overtime start in Ontario?
After 44 hours in a work week. Each hour beyond that is paid at least one and a half times the regular rate. The Act sets no daily overtime threshold.
Does a day longer than 8 hours create overtime in Ontario?
No. The threshold is weekly: a 10-hour day creates no overtime if the week stays at 44 hours or less. Working more than 8 hours in a day, or more than the regular work day if the employer set a longer one, does however require a written agreement with the employee.
Can overtime be averaged over several weeks in Ontario?
Yes, under a written averaging agreement, over periods of two to four consecutive weeks. The agreement must have a start date and an expiry date, no more than two years later for an employee who is not unionized.
Can overtime be taken as time off instead of being paid in Ontario?
Yes, if the employer and the employee agree. Each overtime hour earns one and a half hours of paid time off, to be taken within three months, or within 12 months if the employee agrees.
Are managers entitled to overtime pay in Ontario?
No, if their work is supervisory or managerial in character and they perform other tasks only on an irregular or exceptional basis. Ontario Regulation 285/01 sets out other exemptions, including some students at camps and in recreational programs.