Right to disconnect

Rules that require some employers to have a written policy on staff not engaging in work emails, calls and messages outside working hours.

Also called: disconnecting from work policy, after-hours email policy, disconnect policy

What right to disconnect means

The right to disconnect is the idea that employees should be able to stop engaging in work, such as emails, texts, calls and video meetings, once their working day is over. In Canada it shows up mainly as a requirement for certain employers to have a written policy on disconnecting from work.

These rules usually do not ban after-hours contact outright. Instead, they make the employer decide and write down what is expected: when people can be contacted, when they must respond, and what happens in an emergency. The policy has to be shared with employees.

Even where no law requires a policy, the issue matters for small businesses. Phones make it easy for owners to text staff at all hours. If employees feel they must reply, that time can start to count as hours of work, and it wears people down.

How it works

First, find out whether a policy is required where you operate. The rule can depend on how many employees you have on a set date each year, and it may apply only in certain provinces or to federally regulated employers.

If you need a policy, or decide to have one anyway, keep it practical. Cover the hours when employees are not expected to read or reply to messages; how urgent issues are handled (for example, a phone call for emergencies only, never a group chat); expectations for managers and anyone on call; different rules for different roles where needed; and how employees should raise concerns. Date it, give a copy to each employee, and give it to new hires within the set time.

Remember that a policy does not change pay rules. If you require someone to answer messages or take calls after hours, that time may count as hours of work, and overtime rules still apply.

Common mistakes: writing a policy and then sending late-night task messages anyway; group chats where staff feel they must reply; no exception process for real emergencies; and forgetting to update the policy when the business grows past the size where it becomes required.

Right to disconnect by province

Only some jurisdictions require a written disconnecting-from-work policy, and the rule usually depends on the number of employees.

Where the work is done	The rule
Federal	Amendments to the Canada Labour Code passed in June 2024 will require federally regulated employers to issue a policy on work-related communication outside scheduled hours, reviewed every 3 years. They come into force on a date the federal government has not yet set, and employers will then have one year to comply.
Ontario	An employer with 25 or more employees in Ontario on 1 January of a year must have a written policy on disconnecting from work in place before 1 March of that year. Every employee counts as one, including part-time and casual staff, across all Ontario locations. The policy must show the date it was prepared and the date of any changes, new employees must get a copy within 30 days of starting, and you keep copies for 3 years after a policy stops being in effect. The rule does not give employees a legal right to disconnect.

Where the work is done

The rule

Federal

Amendments to the Canada Labour Code passed in June 2024 will require federally regulated employers to issue a policy on work-related communication outside scheduled hours, reviewed every 3 years. They come into force on a date the federal government has not yet set, and employers will then have one year to comply.

Ontario

An employer with 25 or more employees in Ontario on 1 January of a year must have a written policy on disconnecting from work in place before 1 March of that year. Every employee counts as one, including part-time and casual staff, across all Ontario locations. The policy must show the date it was prepared and the date of any changes, new employees must get a copy within 30 days of starting, and you keep copies for 3 years after a policy stops being in effect. The rule does not give employees a legal right to disconnect.

We have not confirmed whether any other province or territory requires a policy; check your provincial employment standards office.

Example: A group chat at a marketing agency

Chloe runs a marketing agency with 12 staff. Clients often send requests late in the evening, and Chloe was forwarding them to the team group chat right away. Several staff told her they felt they had to reply before bed.

Chloe writes a short disconnecting from work policy. Messages sent after 6 pm do not need a reply until 9 am the next workday. Only the account lead on call that week handles urgent client issues, by phone, and that time is recorded and paid. Chloe schedules her evening messages to send in the morning and shares the policy with every employee.

Onboarding checklists in Staffkin

Add your disconnecting from work policy to a Staffkin onboarding checklist so new hires get a copy and you have a record they received it.

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Free tools and guides for this

Questions about right to disconnect

Is there a right to disconnect in Canada?

Some jurisdictions require certain employers to have a written policy on disconnecting from work. It is mostly a policy requirement, not a ban on after-hours contact.

Does a disconnect policy mean I can never contact staff after hours?

No. It means you set and share clear expectations, including how emergencies are handled.

Is answering emails after hours paid work?

It can be. If you require an employee to respond or work outside their shift, that time may count as hours of work under your province's rules.

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 5 November 2026.