Canada does not have one universal right to ignore work calls, emails or messages after hours. Your rights depend on where you work, your employment contract, workplace policies and the employment standards that apply to you.

Ontario requires certain employers to have a written policy about disconnecting from work. That requirement does not automatically give every employee the right to stop answering messages at a set time.

If your employer regularly expects you to work outside your normal hours, you can also have rights involving overtime pay, rest periods, accommodation and major changes to your job.

⚠️ Asked to Work After Hours? Don’t simply start ignoring calls or emails because you believe you have a “right to disconnect.” Check your contract, workplace policy and applicable employment rules first.

On This Page:

What Is the Right to Disconnect?

The right to disconnect means being able to stop engaging in work-related communication outside working hours.

That can include:

  • Not answering work emails, calls or text messages
  • Not checking workplace messaging apps
  • Not performing other work outside scheduled hours

The idea is simple: employees should know when they are expected to work and when they can switch off.

However, the phrase does not mean every Canadian employee has a legal right to ignore their employer after a particular time.

💡 A Policy Is Not an Automatic Cutoff: A “right-to-disconnect policy” does not necessarily mean you can ignore work messages after 5 p.m. Read what the policy actually says.

Can Your Employer Contact You After Work Hours?

Yes. There is no general Canada-wide ban on employers calling, emailing or messaging employees after work. Whether you must respond is a separate question.

Your employer’s expectations can depend on:

  • Your employment contract
  • Your normal hours, duties and responsibilities
  • Whether you are on call
  • Your workplace’s after-hours or disconnecting policy
  • Applicable employment standards and accommodation requirements

Do You Have to Answer Emails After Hours?

Not always. Some jobs require after-hours availability. Others have defined hours with no expectation that employees remain connected after their shift.

Check your contract and workplace policy. If expectations are unclear, ask your employer to explain in writing when a response is required.

Can You Be Disciplined for Not Answering?

Ignoring a legitimate after-hours work requirement without a valid reason can lead to discipline. But missing one late-night email does not automatically justify punishment or dismissal.

Your normal hours, established expectations, workplace policy and the circumstances all matter.

If after-hours availability is a new and significant demand, raise your concerns in writing rather than silently accepting the change or simply refusing to cooperate.

Do You Have to Be Paid for Work You Do After Hours?

After-hours tasks can count as working time and create pay or overtime rights. Working through a phone or laptop does not make the time disappear.

Examples include:

  • Answering customer emails from home
  • Preparing reports at night
  • Joining meetings outside scheduled hours
  • Handling workplace problems on weekends

Your entitlement depends on the employment standards that cover your job, your total hours and any applicable exemptions.

Does Being Salaried Mean You Must Work Unlimited Hours?

No. A salary does not automatically remove overtime rights or allow unlimited unpaid work.

Some salaried employees qualify for overtime. Others are exempt because of their actual duties. Being called a “manager” does not settle the issue.

💡 Keep a Record: Track when you worked after hours, what you did and how long it took. These records can help support an unpaid-wages or overtime claim.

Right to Disconnect Laws Across Canada

Right-to-disconnect requirements are not the same across Canada. Provincial rules and federal employment standards apply to different workplaces.

Ontario’s Right-to-Disconnect Policy

Covered employers with 25 or more employees in Ontario on January 1 must have a written disconnecting-from-work policy in place before March 1 of that year.

The policy must cover their Ontario employees, although different jobs can have different rules.

Ontario’s law does not itself create a general right to stop answering work messages after hours. Employers set their policy’s expectations, but those expectations cannot override applicable employment standards.

A policy can provide additional protections. Read it to understand when you are expected to respond and when you can disconnect.

See our Right to Disconnect Ontario guide for the policy requirements and employee rights.

Alberta and British Columbia

Alberta and British Columbia do not currently have an Ontario-style requirement for employers to maintain a written disconnecting policy. Existing rules on working time, overtime, rest and accommodation still apply.

For provincial details, see:

Do Federally Regulated Employees Have a Right to Disconnect?

Federal right-to-disconnect policy requirements have been passed, but they remain listed as not in force in Justice Canada’s published legislation. Passing the legislation did not make the new rules immediately effective.

The changes to the Canada Labour Code address federally regulated private-sector employers and federal Crown corporations covered by its employment standards.

These requirements are not the same as the employment rules for federal public servants. Working for a federally regulated business does not make you a federal government employee.

What Will the Federal Policy Rules Require?

Once the new requirements apply, covered employers will have to develop policies in consultation with employees or, where represented, their unions.

The policies must address:

  • The rules for work communication outside scheduled hours
  • Expected responses and opportunities to disconnect
  • Exceptions and the reasons for them
  • When the policy takes effect

The new provisions also prohibit retaliation against covered employees for asking about the policy, requesting compliance, making a complaint or exercising rights under it.

Some employees can be excluded, and qualifying collective agreements can satisfy the policy requirements instead.

When Will the Federal Rules Take Effect?

The government’s 2026–2028 regulatory plan does not give a confirmed implementation date. It says employers will have one year after the legislative and regulatory changes take effect to comply and develop their policies.

⚠️ No Automatic After-Hours Ban: The federal changes require policies, not a universal ban on after-hours messages. Existing pay, working-time and rest protections remain relevant while the new provisions await implementation.

Media Coverage of the 2024 Federal Proposal

Samfiru Tumarkin LLP discussed the federal proposal in these interviews published on April 17, 2024:

These interviews discuss the proposal as it stood in April 2024. They are historical coverage, not confirmation that the new federal rules are in force.

What If After-Hours Work Is Becoming Excessive?

If your employer significantly increases your workload or after-hours availability, raise the problem before resigning or refusing the work.

Important warning signs include:

  • A daytime role now requires work every evening or weekend
  • You regularly perform extra work without proper pay
  • Your employer introduces a new on-call requirement
  • The demands interfere with a disability-related or family-status accommodation
  • You face discipline for failing to meet new expectations

Can Excessive After-Hours Work Be Constructive Dismissal?

A major change to your hours or availability without your agreement can amount to constructive dismissal. This means the law can treat the change as a termination.

A few occasional emails are different from suddenly being required to remain available every evening and weekend. Your contract, previous working arrangement and the extent of the change matter.

⚠️ Don’t Resign Before Getting Advice: A serious change can create constructive dismissal and severance rights, but leaving too quickly can put those rights at risk.

What If After-Hours Work Conflicts With a Disability or Family Obligation?

Your employer’s expectations do not override its human rights obligations.

If a disability or another protected need prevents you from meeting a scheduling requirement, request accommodation. Not every personal preference qualifies, but your employer must address protected needs.

See our guide to the duty to accommodate.

What Should You Do About After-Hours Work?

Clarify the expectations, document the work and address major changes promptly.

  1. Read your contract. Check the terms about hours, availability and overtime.
  2. Check workplace policies. Read the actual disconnecting or after-hours policy.
  3. Track your time. Record calls, emails, tasks and the time spent working.
  4. Ask for written clarification. Find out when a response is required outside normal hours.
  5. Raise significant changes in writing. Explain your concerns rather than silently accepting new demands.
  6. Get advice before resigning. Check your pay, accommodation, constructive dismissal and severance rights.

Right to Disconnect: Frequently Asked Questions

Does Canada Have a Right-to-Disconnect Law?

There is no universal Canadian right to ignore work communications after hours. Ontario requires qualifying employers to maintain written policies. Federal policy requirements have been passed but remain listed as not in force. See the federal section above for their implementation status.

Can Your Boss Text You After Hours?

Yes. Receiving a message does not automatically mean you must answer immediately. Your job requirements, contract, workplace policy and applicable employment standards determine what is expected.

Can You Ignore Work Emails on Vacation?

Check expectations before your vacation. If your employer requires you to work during vacation, that can raise separate issues about vacation entitlements, working time and pay. A disconnecting policy does not replace those protections.

Can You Be Fired for Refusing After-Hours Work?

Refusing a legitimate work requirement can lead to discipline or termination. But an employer’s demand does not automatically make the requirement lawful or justify dismissal without compensation.

If you’re fired, have your severance entitlement reviewed before signing a release. Depending on your circumstances, full severance can reach 24 months’ pay.

⚠️ Unionized? Contact your union about hours, overtime, scheduling and after-hours work disputes. Samfiru Tumarkin LLP’s employment law team can’t assist with unionized workplace disputes.

Get Help With an After-Hours Work Problem

Being reachable by phone does not give your employer unlimited control over your personal time.

Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia address excessive after-hours work, unpaid compensation, accommodation disputes and improper discipline or termination.

If new demands have fundamentally changed your job or led to dismissal, our employment lawyers can help you pursue the severance and compensation you’re owed.

Expected to Be Available Around the Clock?

Our employment lawyers can protect your rights and secure the full severance pay and compensation you are owed.

Book Your Consultation

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now