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My Employer Hasn't Paid Me: What To Do in Canada

Updated

If your employer hasn’t paid you, you have legal protections and a clear path to recovering your wages. Not being paid is a violation of employment standards law in every province and territory in Canada.

The short answer

File a wage complaint with your provincial employment standards office. It is free, the government investigates on your behalf, and penalties for employers can be significant. Do not wait — limitation periods apply.

Step 1: Document what you are owed

Before filing a complaint or taking any other action, gather:

  • Your pay stubs or any written record of hours worked
  • Your employment contract or offer letter confirming your pay rate
  • Bank records showing which deposits were received and which were missed
  • Any emails or texts from your employer about the missing pay

Step 2: Contact your employer in writing

Send a short written message (email or text) stating which pay period was missed, the amount owed, and requesting payment by a specific date. Keep a copy. This creates a record and sometimes resolves the issue without escalation.

Step 3: File an employment standards complaint

If your employer does not respond or refuses to pay, file a formal complaint with your provincial employment standards office.

Province Office Website
Ontario Ministry of Labour ontario.ca/labour
British Columbia Employment Standards Branch gov.bc.ca/employment-standards
Alberta Employment Standards alberta.ca/employment-standards
Quebec CNESST cnesst.gouv.qc.ca
Manitoba Employment Standards gov.mb.ca/labour/standards
Saskatchewan Employment Standards saskatchewan.ca/employment-standards
Nova Scotia Labour Standards novascotia.ca/labour-standards
New Brunswick Employment Standards worksafenb.ca

Filing is free. You do not need a lawyer. An officer will contact your employer and can order wages to be repaid with interest.

Step 4: Small claims court (if needed)

If the employment standards process is slow or your claim is complex, you can also file in small claims court. This is a parallel option, not a last resort.

Province Small Claims Limit
Ontario $35,000
British Columbia $35,000
Alberta $50,000
Quebec $15,000

Court filing fees are typically $100–$200 and you will represent yourself. Many small wage claims settle before a hearing.

What your employer cannot legally do

  • Withhold wages as punishment for quitting without notice
  • Deduct wages for mistakes, till shortages, or damaged equipment without written agreement
  • Delay final pay when employment ends (final pay rules vary by province but are typically due within one to two pay periods)
  • Refuse to pay wages because they claim you “owe” them something

If your employer has shut down or gone bankrupt

If your employer is insolvent, you may still recover wages through the federal Wage Earner Protection Program (WEPP). This covers up to $9,055 in unpaid wages, vacation pay, and termination pay from employers in bankruptcy or receivership.

Apply through Service Canada at canada.ca/wage-earner-protection.

Key takeaway

Unpaid wages are not a grey area — they are a legal violation. File your complaint promptly, keep records, and use the free government complaint process. You do not need to accept non-payment.