Canada's Employment Standards: What Every Newcomer Worker Must Know

Canada's employment laws are strong — but they only protect you if you know your rights. Many newcomers are underpaid, work illegal hours, or accept unfair dismissal because they don't know what they're entitled to. Here's exactly what the law guarantees you.

Minimum wages by province (2026)

Hours of work and overtime

• Standard work week is 8 hours/day, 40–44 hours/week depending on province
• Ontario: overtime (1.5x pay) after 44 hours per week
• BC: overtime after 8 hours in a day OR 40 hours in a week
• Alberta: overtime after 8 hours/day or 44 hours/week
• You cannot be required to work more than 48 hours/week without your written agreement (in most provinces)
• You must receive at least 30 minutes unpaid break for every 5 hours worked (varies by province)

Vacation entitlement

In Canada, vacation entitlement is based on years of service:

• Most provinces: 2 weeks vacation (4% of earnings) after 1 year
• Ontario, BC, Alberta: 3 weeks vacation (6%) after 5 years
• Vacation pay must be paid when you take your vacation OR as a percentage added to each paycheque (4% or 6%)
• You are entitled to take your vacation — your employer cannot prevent you from using accrued vacation

Statutory holidays

Federal and provincial statutory (public) holidays are paid days off. Ontario has 9 public holidays. BC has 10. Alberta has 9. If required to work on a stat holiday, you must receive: premium pay (1.5x) PLUS a substitute day off, OR straight pay plus a substitute day off, depending on the employment agreement.

Termination rights — what your employer must give you

• Minimum notice (working notice OR termination pay in lieu):
• Less than 1 year employment: 1 week notice
• 1–3 years: 2 weeks (Ontario) or 2 weeks (most provinces)
• 3–4 years: 3 weeks notice (Ontario)
• 4–5 years: 4 weeks, and so on up to 8 weeks at 8+ years
• Common law notice may be significantly more for longer-term employees — consult an employment lawyer
• Severance pay (Ontario): separate from notice, if employed 5+ years at a company with payroll over $2.5 million
• Wrongful dismissal: if terminated without adequate notice, you can file with the Ministry of Labour or sue for wrongful dismissal

What employers cannot legally do

• Pay you below minimum wage
• Withhold your paycheque or make illegal deductions
• Require you to pay for uniforms or equipment needed solely for work
• Retaliate against you for asserting your rights
• Discriminate based on race, religion, national origin, gender, disability, family status, sexual orientation
• Ask about your immigration status (in most situations), pregnancy plans, or other protected characteristics in hiring

What to do if your rights are violated

• Ontario: File a complaint with the Ministry of Labour at ontario.ca/labour-complaint
• BC: WorkSafeBC or Employment Standards Branch — gov.bc.ca/employment-standards
• Federal: File at canada.ca/federal-employment-standards
• All provinces: Legal Aid clinics for free legal help if you cannot afford a lawyer
• Employment lawyers: Many work on contingency for wrongful dismissal cases — no upfront cost