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Statutory Notice of Termination Across Canada by Province

By Recording Law Editorial Team9 min read
Statutory Notice of Termination Across Canada by Province

Frequently Asked Questions

How much notice is required to terminate an employee in Canada

It depends on the province or territory and on the employee's length of service. Most provinces start at about 1 to 2 weeks of notice after a short qualifying period, usually around 3 months, and increase in steps up to a maximum of 8 weeks for long tenured employees. Federally regulated employers follow a similar but separate scale under the Canada Labour Code.

Is statutory notice the same thing as severance pay

No. Statutory notice of termination is the minimum warning period, or pay instead of that warning, required before ending employment. Severance pay is a separate, additional entitlement in some provinces, such as Ontario, generally reserved for longer service employees at larger employers, and it does not replace notice.

Can an employer just pay me instead of giving working notice

Yes. Every jurisdiction compared in this article allows an employer to provide working notice, pay instead of notice, or a combination of both, as long as the total meets the statutory minimum for the employee's length of service.

Am I only entitled to the statutory minimum notice period

Usually not. Most non-union employees dismissed without cause are also entitled to common law reasonable notice, which is often much longer than the statutory minimum, unless a valid written contract limits their notice. See our page on reasonable notice for how that is assessed.

Do these notice periods apply if I was fired for cause

No. Employees dismissed for just cause, meaning serious misconduct that goes to the heart of the employment relationship, are generally not entitled to statutory notice or pay in lieu. The bar for just cause is high and depends heavily on the specific facts.

Which notice rules apply to federally regulated employees

Employees of federally regulated employers, such as banks, airlines, and interprovincial trucking or telecommunications companies, follow the Canada Labour Code rather than their province's employment standards law. See our page on federally regulated employees for more detail.

Sources and References

  1. Ontario Ministry of Labour, Immigration, Training and Skills Development, Your Guide to the Employment Standards Act: Termination of Employment(ontario.ca).gov
  2. Government of British Columbia, Employment Standards Act Interpretation Guidelines, Part 8 Section 63 (compensation for length of service)(gov.bc.ca).gov
  3. Government of Alberta, Employment Standards: Termination and Layoff(alberta.ca).gov
  4. CNESST, Act respecting Labour Standards, Section 82, Notice of Termination of Employment(cnesst.gouv.qc.ca).gov
  5. Government of Saskatchewan, Employment Standards: Individual Layoff or Termination(saskatchewan.ca).gov
  6. Government of Nova Scotia, Labour Standards: Ending Employment(novascotia.ca).gov
  7. Government of Manitoba, Employment Standards: Termination of Employment (fact sheet)(gov.mb.ca).gov
  8. Government of New Brunswick, Employment Standards: Rights if Terminated, Laid Off, or Dismissed(gnb.ca).gov
  9. Justice Laws Website (Government of Canada), Canada Labour Code, Section 230, Notice of Termination(laws-lois.justice.gc.ca).gov
  10. CanLII, Labour Standards Act, RSNL 1990, c L-2 (Newfoundland and Labrador)(canlii.org)
  11. Government of Prince Edward Island, Employment Standards Act(princeedwardisland.ca).gov
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