THIS BLOG POST IS OUDTATED.
Employment standards laws in Ontario, Alberta and British Columbia prescribe minimum overtime pay, minimum statutory holiday pay, minimum vacation pay and minimum wage. Refer below for a basic summary of the amount Ontario, Alberta and British Columbia employers must pay their employees for overtime pay, statutory holiday pay, vacation pay and minimum wage as per their provincial employment standards legal requirements. Note however, there are countless special caveats and regulations which may apply altering these amounts in certain circumstances. Thus, refer directly to the Ontario Employment Standards Act, the Alberta Employment Standards Code, or the British Columbia Employment Standards Act to see if a caveat applies in your company’s case.
Ontario Statutory Pay Guide
Ontario Overtime Pay
An employer must pay an employee overtime pay of one and one-half times his regular rate for each hour of work in excess of 44 hours in each work week.
Ontario Statutory Holiday Pay
If an employee does not work the statutory holiday, the employer must pay that employee the total amount of regular wages earned and vacation pay payable to the employee in the previous four work weeks divided by 20.
If the employee does work the statutory holiday, (a) the employer must pay to that employee wages at his regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work for which he must be paid public holiday pay as if the substitute day were a public holiday; or (b) if the employee and the employer agree, the employer shall pay to the employee public holiday pay for the day plus one and one-half times his usual pay each hour worked on that day.
Ontario Vacation Pay
An employer must give an employee a paid vacation of, (a) at least two weeks if the employee has worked for the employer for less than five years (or 4 per cent of his wages); or (b) at least three weeks if the employee worked for five years or more (or 6 per cent of his wages).
$14.25 per hour.
Alberta Statutory Pay Guide
Alberta Overtime Pay
An employer must pay an employee overtime pay of one and one-half times his regular rate for each hour of work in excess of (a) the total of an employee’s hours of work in excess of 8 hours on each work day or (b) 44 hours in each work week, whichever is greater per week.
Alberta Statutory Holiday Pay
If the employee does not work the statutory holiday, he must be paid his usual average daily wage.
If the employee does work the statutory holiday, the employer must either (a) pay the employee general holiday pay of (i) an amount that is at least the average daily wage of the employee, and (ii) an amount that is at least 1.5 times the employee’s wage rate for each hour of work that day, or (b) provide the employee with (i) an amount that is at least the employee’s wage rate times each hour of work that day, and (ii) one day’s paid holiday, not later than the employee’s next annual vacation, on a day that would normally be a
Alberta Vacation Pay
An employer must give an employee a paid vacation of, (a) at least two weeks after each year that the employee completes, if the employee’s period of employment is less than five years (or 4 per cent of wages); or (b) at least three weeks after each year that the employee completes, if the employee’s period of employment is five years or more (or 6 per cent of wages).
Alberta Minimum Wage
$15.00 per hour.
British Columbia Statutory Pay Guide
British Columbia Overtime Pay
An employer must pay an employee overtime pay of one and one-half times his regular rate for each hour of work in excess of (a) the total of an employee’s hours of work in excess of 8 hours on each
British Columbia Statutory Holiday Pay
If the employee does not work the statutory holiday, he must be paid an amount equal to at least an average day’s pay (an average day’s pay equals the amount paid to the employee in the last 30 days (including vacation pay but not overtime pay) divided by the number of days worked in last 30 days).
If the employee does work the statutory holiday, then he must be be paid (a) 1 1/2 times his regular wage for the time worked up to 12 hours (or double the employee’s regular wage for any time worked over 12 hours) and (b) an average day’s pay, as determined using the formula for an average day’s pay noted in the paragraph above.
British Columbia Vacation Pay
An employer must give an employee a paid vacation of, (a) at least two weeks if the employee’s period of employment is less than five years (or 4 per cent of wages); or (b) at least three weeks if the employee’s period of employment is five years or more (or 6 per cent of wages).
June 1, 2018 – $12.65 per hour;
After June 1, 2019 – $13.85 per hour;
After June 1, 2020 – $14.60 per hour;
After June 1, 2021 – $15.20 per hour.
Jeff is a lawyer in Toronto who works for a technology startup. Jeff is a frequent lecturer on employment law and is the author of an employment law textbook and various trade journal articles. Jeff is interested in Canadian business, technology and law, and this blog is his platform to share his views and tips in those areas.