Rights and safety at work

TSO: mandatory overtime, what the law, the agreement and the Ordre say

The right of refusal in the Act respecting labour standards, article 19 of the FIQ agreement and the code of ethics: the texts on TSO, cited by number.

October 10, 2026 · Lire en français

Rights and safety at work

Mandatory overtime (TSO) for nurses is governed by three texts: the Act respecting labour standards, the collective agreement and the code of ethics. This article is neither legal advice nor union advice. The word "nurse" covers male nurses too.

The Act respecting labour standards, section 59.0.1

Section 59.0.1 of the Act respecting labour standards (chapter N-1.1), up to date as of August 12, 2026, gives the employee the right to refuse to work:

more than two hours beyond regular daily hours or more than 14 hours per 24-hour period, whichever is shorter
more than 12 hours per 24-hour period, if daily hours are variable or non-continuous
more than 50 hours per week

The second paragraph sets this right aside "where there is danger to the life, health or safety of workers or the population", in case of risk of destruction or serious deterioration of property, in any other case of superior force, "or if the refusal is inconsistent with the employee's professional code of ethics".

Section 122 prohibits the employer from dismissing, suspending or transferring an employee, or taking reprisals, because the employee exercised a right under the Act.

Section 2 states that the Act binds the State. Section 93 makes its standards a matter of public order: a provision of an agreement that departs from them is null.

The FIQ 2024-2028 collective agreement, article 19

The agreement between the CPNSSS (the bargaining committee for the health and social services network) and the FIQ, in force from December 15, 2024 to March 31, 2028, deals with overtime in article 19. See the FIQ collective agreement.

Paragraph 19.01: the employer offers overtime in rotation, first to full-time employees, so as to share it fairly
Paragraph 19.03: overtime is paid at time and a half of the regular salary, and at double time on a statutory holiday
Paragraph 19.14: "L'Employeur prend les moyens pour éviter de faire appel au temps supplémentaire obligatoire. Le temps supplémentaire obligatoire n'est exigé que dans les situations d'urgence et exceptionnelles qui se présentent." (The employer takes the means to avoid calling on mandatory overtime. Mandatory overtime is required only in urgent and exceptional situations that arise.)

Letter of agreement no. 28 adds a 10% premium for each hour worked as overtime from June 15 to September 15 and from December 15 to January 31. It ends on March 31, 2028.

The Code of ethics of nurses

Three sections of the Code of ethics of nurses (chapter I-8, r. 9), up to date as of June 1, 2026:

Section 16: the nurse "must refrain from practising when in a state likely to compromise the quality of care and services"
Section 43: "Unless a nurse has serious grounds, he may not abandon a client to whom he is providing care and treatment."
Section 44, paragraph 4: the nurse must "take reasonable means to ensure continuity of care and treatment"

The position of the OIIQ and the OIIAQ

The Ordre des infirmières et infirmiers du Québec (OIIQ), Quebec's order of nurses, published the ethics column Les heures supplémentaires : obligations déontologiques on September 23, 2017. It repeated it on January 16, 2019. The column sets section 44, paragraph 4, against section 16.

According to this text, the nurse is the only person who can judge whether she is fit to practise. If she judges she is not, she has the duty to withdraw and refuse the overtime. Before she stops practising, she must notify her supervisor and allow a reasonable delay for a solution to be found. The refusal is "therefore not necessarily abandonment" as long as she meets these duties.

On the institution's side, the column places the use of overtime under management and labour relations. The employer must not use the code of ethics to manage a lack of resources or to apply pressure.

The Ordre des infirmières et infirmiers auxiliaires du Québec (OIIAQ), Quebec's order of nursing assistants, published an undated text by its president. In it, TSO "must be an exceptional measure and not a recurring one". Employers cannot invoke the code of ethics to force a licensed practical nurse (nursing assistant in Quebec) into it.

The official data

The methodology notes of the dashboard Performance du réseau de la santé et des services sociaux describe a rate of mandatory overtime hours, compiled manually by the institutions. The summary page of the Santé Québec dashboard, consulted on October 10, 2026, does not display it.

The remedies named in the texts

Paragraph 10.02 of the FIQ agreement gives 30 days from knowledge of the fact to file a grievance, without exceeding six months.

Section 102 of the Act respecting labour standards provides for a written complaint to the CNESST (Quebec's labour standards and workplace safety board). A person covered by a collective agreement must show that she has exhausted its remedies. A complaint about a practice prohibited by section 122 is filed within 45 days, under section 123.

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Frequently asked questions

Is TSO mandatory?

The texts do not answer with a yes or a no. Paragraph 19.14 of the FIQ agreement allows TSO to be required, only "in urgent and exceptional situations". Section 59.0.1 of the Act respecting labour standards gives a right of refusal, then sets it aside in case of danger to the population. According to the OIIQ column, a nurse who judges herself unfit has the duty to refuse.

How many hours can I be forced to work?

Article 19 of the FIQ agreement sets no maximum. The thresholds in section 59.0.1 of the Act respecting labour standards are two hours beyond regular hours, 14 hours per 24-hour period and 50 hours per week. They fall away in the exceptions listed in that section.

Is TSO paid at time and a half?

Yes. Paragraph 19.03 of the FIQ agreement pays all overtime at time and a half of the regular salary, with no distinction between voluntary and mandatory. Double time applies on a statutory holiday. See the nurse's salary.