✦ Payroll · Ontario · rogello.com

Ontario Overtime Rules 2026: The 44-Hour Rule Explained

Updated 2026-10-15·4 min read·Employment Standards Act, 2026

Overtime starts

44 hrs/week

Rate

1.5×

At min. wage

$26.93/hr

Daily overtime

None

When does overtime start in Ontario?

In Ontario, overtime starts after 44 hours of work in a week, and every overtime hour must be paid at at least 1.5 times your regular rate. There is no daily overtime in Ontario — a 12-hour shift only counts toward your weekly total.

That's different from BC, Alberta, Saskatchewan and Manitoba, which also pay overtime after 8 hours in a day, and from Quebec, where it starts after 40 hours a week.

At the new $17.95 minimum wage, overtime is at least $26.93 an hour.

Ontario overtime pay by hourly wage

Regular rateOvertime rate (1.5×)50-hour week60-hour week
$17.95$26.93$951.38$1,220.68
$20.00$30.00$1,060.00$1,360.00
$22.00$33.00$1,166.00$1,496.00
$25.00$37.50$1,325.00$1,700.00
$28.00$42.00$1,484.00$1,904.00
$30.00$45.00$1,590.00$2,040.00
$35.00$52.50$1,855.00$2,380.00
$40.00$60.00$2,120.00$2,720.00

A 50-hour week is 44 regular hours plus 6 overtime hours; a 60-hour week adds 16 overtime hours. All amounts are before tax. Overtime is taxed like regular pay — it can look heavily taxed on a single cheque because payroll treats the bigger cheque as if it were your normal pay.

Do salaried employees get overtime in Ontario?

Yes, unless their job is exempt. Being paid a salary doesn't remove your right to overtime. Your overtime rate is based on your effective hourly rate: salary divided by your regular hours.

Example: a $60,000 salary for 40-hour weeks works out to $28.85 an hour. Overtime after 44 hours is $43.27 an hour. If your contract says your salary covers up to 44 hours, hours 41 to 44 are already paid, and overtime starts at hour 45.

Who is exempt from overtime in Ontario?

  • Managers and supervisors — if their work is managerial or supervisory, even if they occasionally do non-managerial tasks.
  • Information technology professionals.
  • Many regulated professionals — such as lawyers, accountants, engineers, architects, doctors and teachers.
  • Some industries have special rules, including farm workers, firefighters, some construction and road-building workers, and seasonal hospitality workers.

Job titles don't decide it — the actual work does. A "manager" who mostly works the cash register is usually entitled to overtime.

Averaging agreements and time off in lieu

Averaging: you and your employer can agree in writing to average your hours over a period of up to four weeks. Overtime is then owed only for hours above an average of 44 a week. For example, 50 hours one week and 38 the next averages 44 — no overtime owed.

Time off in lieu: instead of overtime pay, you can agree in writing to take paid time off at 1.5 hours for every overtime hour. The time off must be taken within three months of the week it was earned (or 12 months if you agree). If it isn't used, your employer must pay out the overtime.

Maximum working hours in Ontario

Most Ontario employees can't be required to work more than 8 hours a day (or their established regular day, if longer) or 48 hours a week, unless they agree in writing. Even with an agreement, you're entitled to 11 consecutive hours off each day and at least 24 hours off each week (or 48 hours every two weeks).

If you think you're owed overtime, start by checking your pay stub. You can file a claim with the Ontario Ministry of Labour for unpaid wages, usually within two years.

Ontario Overtime FAQ

In Ontario, overtime starts after 44 hours a week, not 40. Some employers pay overtime after 40 hours by contract or policy, but the legal minimum under the Employment Standards Act is 44.
No. Ontario has no daily overtime rule, so working a 10- or 12-hour shift doesn't trigger overtime by itself. Only hours over 44 in the work week count, unless you have an averaging agreement.
Time and a half on $20 an hour is $30 an hour. If you work 50 hours in a week, you earn 44 × $20 = $880 plus 6 × $30 = $180, for $1,060 before tax.
Yes, unless their role is exempt. Salaried employees who work more than 44 hours a week are owed 1.5 times their effective hourly rate (salary divided by regular hours) for the extra hours. Managers, supervisors, IT professionals and many licensed professionals are exempt.
Yes, if you agree in writing. You must receive 1.5 hours of paid time off for each overtime hour, taken within three months (or 12 months with your agreement). If it's not taken, the overtime must be paid out.
No — this is a common misconception. Overtime is taxed at the same rates as your other income. It can look over-taxed on one cheque because payroll withholds as if that larger cheque were your normal pay, but any extra withheld comes back when you file your return.

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Overtime Rate by Wage

$17.95/hr$26.93
$20.00/hr$30.00
$22.00/hr$33.00
$25.00/hr$37.50
$28.00/hr$42.00
$30.00/hr$45.00
$35.00/hr$52.50
$40.00/hr$60.00
Hourly Paycheck Calculator