Is there such a thing as on-call pay laws?

In Canada, many industries rely on workers who are available outside regular hours to respond to emergencies, a spike in demand, or critical operations. These on-call setups are common in sectors like healthcare, emergency services, and IT, where quick response can make all the difference.

Many HR professionals are surprised to learn that Canada doesn’t have on-call pay laws. In this article, we'll go over how each province and territory handles on-call and callback pay – and what that means for employers and employees.

On-call pay laws: what they are – and aren’t – in Canada

In theory, on-call or standby pay laws outline how much employees get paid for being available outside their work hours. While on standby, they should be ready to report to work at short notice.

Employers in Canada do not have to compensate employees for being on call if they do not perform any work. There are exceptions depending on:

• the nature of work
• provisions in collective agreements
• terms in employee contracts

Call-in pay is different from on-call pay:

• Call-in pay ensures that employees who report for work outside their normal schedules get some form of pay, regardless of how much work they did
• On-call pay is given for having to be on standby to return to work at short notice

Here’s a first-hand account of a US-based IT professional on what it’s like to be on call:

Labour laws regarding on-call pay

Employment standards legislation across Canada requires employers to compensate employees for work performed. By this definition, employees do not get paid while on call.

Some laws clearly state that being on call does not mean getting paid. Other laws say nothing about on-call pay at all. Some have details on what compensation is available to employees who are called back in to work.

Let’s go over these laws:

Federal

According to the Hours of Work section of the Canada Labour Code, an employee is working when:

• they are on a trial period or training
• they are travelling as required by the employer
• they are at the workplace, waiting for a work assignment
• they are on a break, but can be called back to work at short notice

It also says that “while 'stand-by' or 'on-call' employees are common to many industries, the time spent waiting for a call is not considered work.”

The Canada Labour Standards Regulations define reporting pay as the amount an employee is paid when called in to work. This is no less than three hours of the employee’s regular rate. They get paid whether they do any work or not.

Alberta

The employment standards for Alberta state that being on call or on standby is not considered work.

Employees who are called in to work get a three-hour minimum pay for each period worked.

British Columbia

The Employment Standards Act for BC says an employee is considered at work while on call at a location set by the employer. This doesn’t apply if the location is the employee’s home, as shown by the case of Kenneth A. MacAulay (Re), 2020 BCEST 31.

New Brunswick

There are no on-call pay laws for New Brunswick, but its employment standards act includes a section on minimum pay when reporting for work.

NB law says that any employee who has been asked to report for work must be paid whichever is greater of the two:

• three hours minimum wage or minimum overtime rate
• hours worked at regular wage rate

There are conditions for receiving reporting pay – see New Brunswick’s guide on reporting for work.

Newfoundland and Labrador

The closest that NL has to on-call pay laws is paragraph 10 of its Labour Standards Regulations.

If an employee is scheduled to work or is called in and ends up working less than three hours, the employer must do one of two things:

• let the employee work for at least three hours in a row
• pay the employee for the time they didn’t work, up to three hours, at either minimum wage or overtime rate – whichever applies

This rule ensures that employees are fairly compensated for showing up, even if they're sent home early.

Northwest Territories

Section 6 of NWT’s Employment Standards Regulations discusses recall pay. An employee is entitled to recall pay when they report for work upon the request or orders of their employer. The employer must pay the employee’s regular rate of pay for four hours minimum.

Employees get recall pay as long as they report for work, whether they do any actual work or not.

Nova Scotia

Employees get minimum wage for time spent at the workplace upon the request of the employer, waiting for work. This means that they must be at work to be entitled to on-call pay.

Nunavut

The province’s Labour Standards Act does not mention on-call pay laws, but there is a section on recall pay.

Let's say an employer asks an employee to come back in to work, and it was not scheduled ahead of time. The employee gets, at a minimum, four hours’ pay at their regular rate. The employee gets paid whether they do any actual work or not.

Manitoba

Employees in Manitoba only get paid for hours worked; being on call isn’t considered working. But when employees are called in to work, they do get paid. The pay amount is based on these factors:

• If they know ahead of time how long they’ll be working: employer pays for set number of hours
• If they don’t know how long they’ll be working: employer should pay at least three hours of wages

Emergencies are unpredictable but planning ahead where possible helps ensure fair pay and efficient use of employee time.

Ontario

Under its guide to the Employment Standards Act, Ontario employees who are on call and at the workplace are considered to be working.

Here’s a short video for more on Ontario’s Employment Standards Act:

Prince Edward Island

PEI’s Employment Standards Act states that employees get at least three hours’ regular rate of pay every time they are required to report for work.  

As you can see, the language is broad and not as clear cut as other provincial statutes. The section on reporting pay (paragraph 17) is probably the closest to on-call pay laws.

Québec

If an employee comes in to work because their employer asked them to, or it’s part of their regular duties, they must get reporting pay. This is set at a minimum of three hours’ pay at their normal hourly wage.

This rule on reporting pay applies whether they end up doing any work or not. They also get to keep any tips they earn during that time.

If employees also happen to qualify for overtime and it pays more than the three-hour minimum, they’ll receive the higher overtime pay instead.

Saskatchewan

Reporting for duty pay is the minimum payment that employees receive every time they report for work. This amounts to at least three hours’ pay at the employee’s hourly rate. They receive this pay even if they end up working less than three hours.

Saskatchewan’s reporting for duty pay applies “every time [employees] physically report for work away from home at their employer’s workplace, other than for overtime.”

If employees are asked to come into the workplace, they get paid – regardless of how much (or how little) they work.

Yukon

Like most provinces and territories, there are no on-call pay laws for Yukon. What it does have is a set of guidelines on reporting pay.

If the employer calls an employee into the workplace, the employee should get at least two hours’ pay at the regular or overtime rate. They get paid whether they work the full two hours or not.

These are the minimum standards set by law at the federal and provincial or territorial levels. Better terms can be offered to employees through:

• collective agreements
• company policies or handbooks
• employment contracts

For further guidance on provincial and territorial labour standards, contact one of the best employment lawyers in Canada.

Which employees qualify for on-call compensation?

Strictly speaking, there are no on-call pay laws to follow. The law states that employees get paid for work done. But it is standard practice in some industries, especially those in critical services, to offer on-call pay for their employees.

It’s common for employees in these sectors to receive on-call pay:

• IT
• healthcare
• utilities and public works
• trade and maintenance

On-call pay may take the form of a flat rate, a percentage of wages, or other benefits.

Here’s a case study showing the difference between on-call pay and callback rates. In Saskatchewan, arbitrators ruled that paramedics should get higher pay only when physically called back to work – not for after-hours messages while on call.

Best practices for managing on-call schedules

Managing employees on standby calls for a specific approach. HR managers, working with team leads, should have these best practices in place:

1. Define what on-call work and pay involve
2. Ensure fair and transparent schedules
3. Use scheduling software
4. Offer on-call pay – even if not legally required
5. Review and update policies regularly

Let’s go over these points in more detail:

1. Define what on-call work and pay involve

Be clear about what’s required of employees who are on call. For example:

• outline days/times they are on call
• indicate response times
• brief them on escalation processes

Clarify when employees are entitled to call-out, recall, or reporting pay, depending on what terms are used in your province or territory.

Use clear, simple language when drafting policies. This helps manage expectations and avoid confusion. Make sure your employees understand what is expected of them.

Here’s an example of an unfortunate misunderstanding: two University of Calgary employees expected on-call pay for being listed on an emergency contact roster. An arbitrator ruled they weren’t entitled to compensation because they were never formally placed on standby.

2. Ensure fair and transparent schedules

Remind managers and team leads to be fair when planning rosters. Distribute on-call duties evenly across the team. Share schedules ahead of time to allow employees to adjust as needed.

Allow for voluntary sign-ups when possible. This gives employees some leeway in choosing schedules that work for them without affecting operational needs.

3. Use scheduling software

Tap into workforce management technology to make planning on-call rosters quick and efficient. Go for tools that allow for swap requests and availability tracking. This helps balance staffing requirements and well-being needs across the team.

4. Offer on-call pay – even if not legally required

Offering an on-call premium can help boost morale and retention. Find out what the rest of the industry is doing; make sure you can offer competitive rates to attract top talent.

For example, standby pay at the Memorial Hospital of Newfoundland is $20.40 for each eight-hour shift. This is based on the collective agreement between the hospital and the Canadian Union of Public Employees.

To view other collective agreements across industries, read and bookmark our section on labour relations.

5. Review and update policies regularly

Encourage managers and team leads to review and assess their rostering processes, then share feedback if policies need updating. These need to change and adapt based on industry and customer demands.

It's always a good idea to gather feedback from employees, too. Find out what works and what doesn’t. If you don’t offer on-call pay – is it time to do that? And if that’s in place, is it time to adjust the pay?

Setting the rules on on-call pay

As we’ve seen, there are no on-call pay laws per se in Canada. Labour standards laws across provinces and territories have different definitions of on-call pay; some don’t define it at all.

It helps to remember that these laws are minimum standards. Employers can always raise the bar when setting compensation for employees who are required to be on standby. Make sure that scheduling is fair, and that employees have a say in your company’s on-call policies.

Read up on case studies on employment law and call-out/reporting policies. Subscribe to Canadian HR Reporter today to access our employment law cases catalog.