Employment standards act

An employment standards act is a province's law setting minimum work rules: wages, hours, overtime, holidays, vacation, leaves and termination.

Also called: ESA, labour standards code, employment standards legislation, labour standards act

What employment standards act means

An employment standards act is the law in each province and territory that sets the minimum terms of employment. It covers things like minimum wage, how often you must pay, overtime, public holidays, vacation, job-protected leaves, termination notice and final pay. The name varies: some provinces call it a code, and Quebec's is the Act respecting labour standards.

These are minimums. You can always give more, but a contract or agreement cannot give less. For most small businesses, the employment standards act is the main law you deal with day to day as an employer.

How it works

Which act applies depends on where the work is done and what industry you are in. Most businesses follow the law of the province or territory where the employee works. Businesses in federally regulated industries, such as banks, airlines, interprovincial trucking and telecommunications, follow Part III of the Canada Labour Code instead.

Each act is enforced by a government office that takes complaints, investigates and can order you to pay what is owed. Each also has regulations with the detail, such as exemptions for certain jobs and special rules for some industries. Many managers and some other roles are excluded from parts of the rules, such as overtime, and the exclusions differ by province.

Unionized employees are covered by their collective agreement as well, which usually gives more than the minimum. Independent contractors are not covered, but calling someone a contractor does not make them one if the relationship looks like employment.

Rules change, sometimes several times a year. Minimum wage rates are updated on fixed dates, and new leaves or pay transparency rules are added. Nova Scotia's overtime threshold, for example, drops from 48 to 44 hours a week on 1 April 2027. Check the official page for your province before you rely on a rule.

Employment standards act by province

Each jurisdiction has its own law. These are the names and enforcing offices we confirmed.

Where the work is done	The rule
Federal	Canada Labour Code, Part III (Labour Standards), enforced by the Labour Program.
British Columbia	Employment Standards Act, enforced by the Employment Standards Branch.
Alberta	Employment Standards Code.
Manitoba	The Employment Standards Code.
Ontario	Employment Standards Act, 2000.
Quebec	Act respecting labour standards, enforced by the CNESST.
Nova Scotia	Labour Standards Code, enforced by the Labour Standards Division.
Prince Edward Island	Employment Standards Act.
Newfoundland and Labrador	Labour Standards Act.

For New Brunswick, Saskatchewan, Yukon, the Northwest Territories and Nunavut, see the official links on our employment standards page.

Example: Hiring across a provincial border

Claire runs a 7-person landscaping company based in Ottawa. She hires a crew member who will work only on jobs in Gatineau, Quebec. Because the work is done in Quebec, his minimum wage, holidays and notice rules come from Quebec's Act respecting labour standards, not Ontario's Employment Standards Act, 2000.

Claire sets up his pay at Quebec's minimum wage of $16.60 an hour or more, adds Quebec's public holidays to her calendar, and keeps a note in his file about which law applies.

Employment standards by province

Staffkin's free employment standards by province page sets out minimum wage, overtime, holidays, vacation, termination notice, final pay and ROE rules side by side, with official sources.

See the rules by province

Free tools and guides for this

Questions about employment standards act

Which employment standards act applies to my employees?

Usually the law of the province or territory where the employee does the work. Federally regulated employers follow Part III of the Canada Labour Code instead.

Can an employee agree to less than the employment standards act?

No. The act sets minimums, and an agreement to give less than the minimum is not valid.

Does the employment standards act apply to managers?

Mostly yes, but many provinces exclude managers and some other roles from parts of the rules, such as overtime. Check your province's exclusions.

Official sources

General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.

Checked against official sources on 4 November 2026.