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Ontario, Alberta and British Columbia statutory pay guide

statutory pay

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 and for which he or she shall 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. 

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).

Ontario minimum wage

$14.00 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 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 of the employee on 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 on 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 work day for the employee.

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 on each work day or (b) 40 hours in each work week, whichever is greater per week. Note that an employer must double the employee’s regular wage for any overtime over 12 hours.

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).

British Columbia minimum wage

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 Dutton, Dutton Employment Law

Employment Lawyer at Dutton Employment Law
Jeff is a leading employment lawyer in Toronto. He represents both individual employees and management in all matters. Prior to founding Dutton Employment Law, Jeff was a prosecutor for the Ministry of Labour. He has been successful at the Ontario Labour Relations Board, Ontario Court of Justice and the Ontario Superior Court. Jeff is a frequent lecturer on employment law matters and has been widely published in newspapers and trade journals. Read more.
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