On December 9, 2004, the Ontario legislature passed new rules about working excess daily or weekly hours and averaging hours of work for overtime purposes. These new rules came into force March 1, 2005. For more information, see the Employment Standards Fact Sheet: Hours of Work & Overtime.
As of March 1, 2005, if an employer wants an employee to work more than 48 hours a week, the employer must:
- Give non-unionized employees a copy of the handout: Information for Employees About Hours of Work and Overtime Pay.
- Obtain written agreement from the employee, or the union if the workplace is unionized.
- Receive an approval from the Director of Employment Standards.
The first two requirements also apply if an employer wants an employee to work excess daily hours.
In order to average an employee's hours of work for overtime pay purposes, the employer must obtain written agreement from the employee or union and receive an approval from the Director of Employment Standards.
If the Director has not made a decision on an application within 30 days, a limited number of excess weekly hours can be worked, and averaging hours over a period of two weeks may begin, if certain conditions are met.
The Director of Employment Standards may consider any factor he or she considers relevant in deciding whether to isssue an approval.
Applications can be submitted by fax, verifiable mail, in person or online. For faster service, use the online "e-Form" application.
Application Guide and Form
| Guide: | Employer's Guide to the Application Process |
| Form Title: | Hours of Work and Averaging Hours |
| Form Number: | MOL-ES-001 |
| Format: |
e-Form  : Apply online for faster service.
The application form is also available in the following formats: PDF and HTML. Both formats can be submitted by fax, verifiable mail or in person. The form is also available from ServiceOntario Centres. Please use only one method to submit your application: e-Form or fax or verified mail or in person. For example, if you have submitted your application online, do not also submit it by fax or mail. PDF HTML |
| Related Resources |
Need More Information
If you have questions, please contact the Employment Standards Information Centre at 416-326-7160 or toll-free at 1-800-531-5551 between 8:30 a.m. and 5:00 p.m., Monday - Friday, excluding statutory holidays.
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