Ontario’s Employment Standards Act, 2000, SO 2000, c. 41, governs most employees’ basic, statutory rights and entitlements for employment.

Part VII.1 (section 21.2) contains the so-called “three-hour rule”.

Pursuant to the three-hour rule, subject to a few exceptions, if you regularly work more than three hours in your work day, but on any given day you are required to attend work, but not given the opportunity to work at least three hours, despite that you are available to do so, you are entitled to be paid your wages for three hours of work, even though you were not permitted to work that minimum time.

Usually you will be entitled to your regular wages for this top-up under the rule. 

However, the rule may not be triggered if your employer cannot offer you work on that day for this minimum period due to circumstances beyond your employer’s reasonable control, such as lightning, power failure, fire, storms and other types of circumstances legitimately preventing your employer from employing you that day for this minimum period of time. 

Similarly, you may not be protected by the three-hour rule if you ordinarily work a regular shift of three hours or less, or if you are employed as a student in certain positions, like a children’s camp, a program focused on children or in a charity-based position. 

So, if you show up for work, but are told you can only work one or two hours, when you ordinarily work more in your usual work day, you might consider invoking the three-hour rule for a top-up.  

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