Unpaid wages and overtime: what your employer legally owes you

In short: If your employer has shorted you on wages, overtime or your final paycheque, the law is on your side — but the rules and the clock are set province by province. Overtime usually starts somewhere between 40 and 48 hours a week, final pay is due anywhere from 48 hours to 30 days after you leave, and the deadline to file a complaint ranges from six months to two years. Miss the deadline and the claim can vanish. CourtStairs answers questions like these in plain language, with a citation to the actual statute that governs your job.

The first question is never "what does Canada require?" It is "which jurisdiction am I in, and am I provincial or federal?" Employment standards are largely a provincial responsibility, so each legislature sets its own numbers for overtime, final pay and complaint deadlines. Getting this wrong throws off every figure below.

What counts as "wages" you are owed

Unpaid wages are more than a missing hourly rate. In every jurisdiction, the amount your employer legally owes includes:

• Regular wages for all hours actually worked, at or above the minimum wage.
• Overtime pay, generally 1.5× once you pass the daily or weekly threshold.
• Vacation pay (usually 4–6% of gross earnings), owed even if you never took the time off.
• Statutory holiday pay and, where it applies, termination or severance pay.
• Banked time and any agreed premiums, commissions or reimbursements.

Employment standards are a floor, not a ceiling. An agreement to work "off the clock," waive overtime, or accept less than minimum wage is void to the extent it dips below the statutory minimum — you keep the legal entitlement even if you signed something worse.

Provincial or federal? It decides which rules apply

Most Canadians are provincial employees, covered by their province's employment standards act. You fall under the federal Canada Labour Code, Part III only if you work in a federally regulated industry — banks, airlines, railways, telecom, ports and interprovincial trucking, among others. The two systems set different thresholds and different deadlines, so confirm your status before relying on any number below.

Not sure which side you're on? A quick test: if your employer's work crosses provincial or national borders as its core business, you may be federal — but confirm, because it changes every deadline below.

The by-jurisdiction table

The figures below reflect the general adult standards as of 2026. Overtime is generally paid at 1.5× the applicable wage. Special rules apply to some industries and roles, and "final pay" means unpaid wages, overtime and accrued vacation pay. Where a final-pay rule is not stated plainly in the official source, confirm it directly — treat this as a map, not the last word.

Overtime: watch the threshold, not just the rate

Almost every Canadian jurisdiction pays overtime at time and a half (1.5×). The real variation is in when overtime starts:

• The weekly trigger ranges from 40 hours (federal, Quebec, the territories) to 44 hours (Ontario, Alberta, New Brunswick) up to 48 hours in Nova Scotia and Prince Edward Island.
• A daily trigger exists in several provinces — Alberta, BC, Saskatchewan, Manitoba and the territories add overtime after 8 hours in a day, so you can earn overtime even in a modest week.
• BC alone mandates double time, paying 2× after 12 hours in a single day.

A common myth is that being on salary or holding a "manager" title cancels overtime. It doesn't — exemptions turn on your actual duties, not your job description.

Final pay: the deadline varies wildly

When you leave — quit or fired — your employer must pay out everything owing, and the deadline is not the same across the country. British Columbia is the strictest, requiring payment within 48 hours of a dismissal. Ontario allows seven days or the next regular payday, whichever is later. Alberta gives 10 days after the pay period ends (or up to 31 days after the last day), the Northwest Territories requires payment within 10 days, and the federal system requires outstanding amounts within 30 days of termination. Final pay always includes accrued vacation pay, even for time you never used.

How to claim unpaid wages, step by step

Filing an employment standards complaint is free, does not require a lawyer, and is the main route for recovering unpaid wages short of court.

1. Confirm your jurisdictionProvincial for most workers; federal only for banks, airlines, railways, telecom and interprovincial transport. This decides which act and which office apply.
2. Add up what you are owedList unpaid regular hours, overtime past your threshold, vacation pay and any statutory holiday pay, with dates and amounts.
3. Check the deadline for your provinceFrom six months (BC, Alberta, Manitoba, Nova Scotia, federal) to one year (Quebec, Saskatchewan, New Brunswick) or two years (Ontario). The clock usually runs from when the wages were due.
4. File with the right officeSubmit the complaint form to your jurisdiction's employment standards body (see the table). An officer investigates and can order the employer to pay.

Many jurisdictions also cap how far back an order can reach — the federal Labour Program, for example, can generally recover up to about 24 months of unpaid wages and other amounts owing (measured back from the complaint or termination date). So even where the filing deadline is generous, the recoverable period is limited. Another reason not to sit on a claim.

For the deeper picture on when a court claim (not just a standards complaint) becomes too late, see our guides on limitation periods by province and, if you were let go, wrongful dismissal and severance in Canada.

Why the variation exists

The differences aren't random. Under the Constitution, employment and labour relations fall mostly to the provinces, with Ottawa regulating a defined set of national industries. Each legislature has struck its own balance between protecting workers and limiting employer costs, which is why the overtime trigger, the final-pay deadline and the complaint window all shift at the border. The recurring lesson across Canadian law holds here too: the answer is jurisdictional, so pin down your province — or the federal system — before you rely on any figure.

Where CourtStairs fits

CourtStairs answers everyday work questions like "when does my overtime start?" or "how long does my employer have to pay me?" with a citation to the primary source that governs your job — your provincial employment standards act or the Canada Labour Code — so you can read the rule yourself before you raise it with your employer or file a complaint.

This post is general information, not legal advice. Overtime thresholds, final-pay deadlines and complaint time limits vary by jurisdiction and change over time, so confirm the current rule against the official statute or your employment standards office before relying on it.