Ontario Overtime Rules: 44-Hour Threshold and Exceptions

The general Ontario overtime rule

For most employees covered by Ontario’s Employment Standards Act, overtime begins after 44 hours worked in a work week. The overtime rate is at least 1.5 times the employee’s regular rate.

Ontario’s statutory general rule is weekly, not daily. Working more than eight hours in one day does not by itself create ESA overtime unless an employment contract or collective agreement provides a better term, or another rule applies.

Worked example: 50 hours at $25 per hour

1. Regular hours: 44 × $25 = $1,100.
2. Overtime hours: 50 − 44 = 6 hours.
3. Overtime rate: $25 × 1.5 = $37.50.
4. Overtime pay: 6 × $37.50 = $225.
5. Estimated total gross pay: $1,100 + $225 = $1,325.

Which hours count?

Ontario describes work as time when an employee is working or is required to remain at the workplace, subject to specific exclusions. Eating periods are not counted as hours of work for overtime, whether the meal break is paid or unpaid.

Public holidays and other circumstances can affect overtime calculations. Track actual work time accurately before applying the threshold.

Exemptions and special thresholds

Many occupations and industries are exempt from overtime or use a threshold other than 44 hours. Examples listed by Ontario include qualifying managers and supervisors, information technology professionals and several regulated professions, but the exact definition must be checked rather than inferred from a job title.

Use Ontario’s official industries and jobs special-rule tool before applying the general calculator when the occupation or sector may have a special rule.

Averaging agreements and paid time off

Averaging agreements

An employer and employee can agree electronically or in writing to average hours over a specified period of two or more weeks, up to four weeks, for overtime purposes. Under a four-week agreement, the general threshold is 176 hours across the four weeks rather than applying 44 separately to each week.

Paid time off instead of overtime pay

An employee and employer can agree electronically or in writing to provide 1.5 hours of paid time off for each overtime hour. Ontario states that the time must generally be taken within three months, or within 12 months when the parties agree electronically or in writing.

An employee cannot simply waive an ESA overtime entitlement.

What the WageWise calculator supports

The current calculator supports one Ontario work week, one regular hourly rate, the general 44-hour threshold and the 1.5 multiplier. It stops when the user identifies a salary, multiple rates, commission or piece work, an exemption, a special threshold, an averaging agreement or a time-off-in-lieu arrangement.

Frequently asked questions