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Overview of Employment and Labour Laws in Ontario
Which law applies
The Employment Standards Act, 2000 (ESA) and its regulations set the minimum working conditions. The minimum age by type of workplace falls under the Occupational Health and Safety Act.
Who is covered or excluded
- Covered: most employees, full-time or part-time, students or on probation.
- Excluded: notably self-employed workers and students in a work placement authorized by their school.
- Special rules: many exemptions apply to certain positions, such as managers and supervisors for overtime.
Who enforces the law
The Ministry of Labour, Immigration, Training and Skills Development handles complaints and conducts inspections. Give the employment standards poster to every employee within 30 days of hiring.
Minimum standards, contracts and collective agreements
The ESA cannot be contracted out of. An employment contract or a collective agreement can offer more, never less.
Minimum Wage in Ontario
General rate and effective date
The general minimum wage is $17.95 an hour since October 1, 2026 (Ontario.ca).
| Rate | Amount | In effect since |
|---|---|---|
| General rate | $17.95 an hour | October 1, 2026 |
| Students under 18 | $16.90 an hour | October 1, 2026 |
| Homeworkers | $19.70 an hour | October 1, 2026 |
| Hunting, fishing and wilderness guides | $89.75 (under 5 hours) or $179.50 (5 hours or more) a day | October 1, 2026 |
Special rates
The student rate applies to students under 18 who work no more than 28 hours a week during the school year, or during school breaks and the summer.
Next increase and how it is set
Rates are indexed to the Consumer Price Index every October 1 and announced by April 1 at the latest. Next increase: October 1, 2027.
What counts toward minimum wage
- Tips can never be used to reach the minimum.
- A deduction requires a statute, a court order or the employee’s written authorization.
- No deduction for a cash shortage if another person had access to the cash.
Minimum Wage for Tipped Employees in Ontario
Is there a separate rate?
No. The lower liquor server rate was eliminated in January 2022. A tipped employee earns at least $17.95 an hour, on top of their tips.
Who owns tips
Tips belong to employees. They are paid in cash, by cheque or by direct deposit into an account the employee chooses.
Tip sharing
The employer may set up a tip pool among employees, for instance with the kitchen. An owner or director takes part only if they regularly do the same work, and the employer must then post its policy.
Prohibited deductions
No deduction from tips for breakage, loss or debit and credit card processing fees. Tips do not count toward vacation pay or public holiday pay.
Overtime Rules in Ontario
Daily and weekly threshold
Overtime starts after 44 hours a week, with no daily threshold. The threshold is 50 hours for local cartage and 60 hours for for-hire highway transport (transportation rules).
Rate and sample calculation
At least 1.5 times the regular rate.
Averaging of hours
A written or electronic agreement can average hours over 2, 3 or 4 weeks, with an expiry date. Ministry approval is no longer required.
Time off instead of overtime pay (banked time)
With a written agreement: 1.5 hours of paid time off per overtime hour, to be taken within 3 months, or within 12 months if the employee agrees.
Exemptions
Notably managers and supervisors, some information technology professionals and several regulated professions.
Right to refuse
Without a written agreement, an employee can refuse to go beyond the limits of 8 hours a day (or their regular workday) and 48 hours a week. They can revoke an agreement with 2 weeks' notice.
Employer Record-Keeping Requirements in Ontario
Required records
Name, address and hiring date, date of birth of students under 18, hours per day and per week, the content of wage statements, vacation, leaves and written agreements (Ontario.ca).
Retention period
3 years for most records, 5 years for vacation time and vacation pay.
Electronic records
Allowed, including with a payroll provider, if they can be produced promptly at an officer’s request.
Wage statement
A wage statement on every payday, on paper or electronically if it can be printed: pay period, rate, gross wages, each deduction and net pay.
Employee access
The statement lets employees check their pay. During an investigation, the officer can require your records.
Termination of Employment in Ontario: Notice and Pay
Notice by length of service
| Period of employment | Minimum notice |
|---|---|
| Less than 3 months | None |
| 3 months to less than 1 year | 1 week |
| 1 year to less than 3 years | 2 weeks |
| 3 years to less than 8 years | 1 week per year of service (3 to 7 weeks) |
| 8 years or more | 8 weeks |
Source: Ontario.ca
Pay in lieu of notice
The regular wages for each missing week of notice. Benefit plan contributions continue for the whole notice period.
Severance pay
Severance pay is owed on top of notice to employees with 5 years of service if the employer’s Ontario payroll reaches $2.5 million, or if 50 or more employees are terminated within 6 months because of a closure. It equals 1 week per year of service, up to 26 weeks.
Exceptions
Notably less than 3 months of service, a fixed-term contract of 12 months or less, wilful misconduct or wilful neglect of duty, and the construction industry.
Mass termination
When 50 or more employees at one establishment are terminated within 4 weeks: 8 weeks' notice (50 to 199), 12 weeks (200 to 499) or 16 weeks (500 or more), and Form 1 sent to the Director of Employment Standards. The affected employees are entitled to 3 days of job search leave.
Temporary layoff
Up to 13 weeks in any 20 consecutive weeks, or up to 35 weeks in 52 if the employer continues benefits or sets a recall date. Beyond that, the layoff becomes a termination.
Meal Break Rules in Ontario
Mandatory meal break
No more than 5 hours of work in a row before a 30-minute eating period (Ontario.ca). If the employee agrees, it can be split into 2 periods.
Paid or unpaid
Unpaid, unless the contract says otherwise or the employee must stay at their work station.
Coffee breaks
Not mandatory. A break that is given must be paid if the employee has to stay at the workplace.
Special cases
- Daily rest: 11 consecutive hours.
- Between two shifts: 8 hours, unless the 2 shifts total 13 hours or less, or by agreement.
- Weekly rest: 24 hours each week, or 48 hours in every 2-week period.
Leaves and Statutory Holidays in Ontario
Public holidays and holiday pay
9 public holidays. The August civic holiday, Easter Monday and Remembrance Day are not among them. Public holiday pay equals the regular wages and vacation pay of the previous 4 weeks, divided by 20. Dates: Statutory holidays in Canada.
Annual vacation and vacation pay
| Length of employment | Vacation | Vacation pay |
|---|---|---|
| Less than 5 years | 2 weeks | 4% |
| 5 years or more | 3 weeks | 6% |
Sick leave
3 unpaid days a year, after 2 weeks of employment. Employers cannot require a medical note for those days. Since June 19, 2025, a 27-week long-term illness leave is also available after 13 weeks of employment.
Family leave
- Pregnancy: 17 weeks
- Parental: 61 weeks after a pregnancy leave, 63 otherwise
- Bereavement: 2 days
- Family responsibility: 3 days
- Family caregiver: 8 weeks a year, per family member
- Family medical: 28 weeks in 52
Other job-protected leaves
Domestic or sexual violence (10 days, 5 of them paid, plus 15 weeks), critical illness (37 weeks for a child, 17 for an adult), death or disappearance of a child (104 weeks), organ donor and reservist leave (ESA guide).
Employing Minors in Ontario
Minimum working age
It depends on the type of workplace.
| Minimum age | Examples of workplaces |
|---|---|
| 14 | Office, store, arena, restaurant dining area |
| 15 | Factory, restaurant kitchen, warehouse, garage |
| 16 | Construction site, logging operation |
| 18 | Underground mine, window cleaning |
Parental consent
The law requires neither parental consent nor a permit.
Hours allowed during the school year
A young person under 16 cannot work during school hours. The ESA sets no other cap specific to young workers.
Employer obligations
Check the employee’s age, record the date of birth of students under 18 and respect the minimum age for the workplace.
Restrictions for Young Workers in Ontario
Prohibited jobs and tasks
No position in a workplace whose minimum age is higher than the young person’s age. Serving or handling alcohol requires being 18 (AGCO).
Night work
No general ban. The rest periods of 11 hours a day and 8 hours between shifts apply.
Maximum daily and weekly hours
The same as for adults: 8 hours a day and 48 hours a week without a written agreement.
Health and safety
Every new employee must complete the mandatory health and safety awareness training.
Penalties
Employing a young person below the required age is an offence under the Occupational Health and Safety Act.
