The following guide shows how many weeks of minimum statutory notice an employer must provide an employee when it terminates them in each province in Canada. Please note this guide applies to regular, "without cause" terminations, not group terminations.
Also, this guide is for minimum statutory notice only, which is the floor that all employers must provide their terminated employees. It is not the ceiling unless a valid termination clause in the employee's employment contract says it is. In other words, the only way that an employee is entitled to minimum statutory notice only is if the employee signed an employment contract that says they get minimum statutory notice of termination only, not the common law or some other formula. Unless a termination clause in an employment contract says the employee gets minimum statutory notice, then it is implied into the employment relationships that the employee shall get common law notice. This guide does not show how many weeks of common law notice employers should give their employees; it shows how much minimum statutory notice employers should give them.
goHeather automates Canadian employment contracts that include termination clauses that, as an option, can limit employees to minimum statutory notice only. Try making a goHeather Canadian employment contract right now for free.
Lastly, furthermore, keep in mind that notice of termination is generally by default "working notice", but employers are free to (and should in most cases) pay to the employee termination pay in a lump sum equal to the amount the employee would have been entitled to receive as "working" notice so long as the employer continues to make whatever benefit plan contributions would be required to be made in order to maintain the benefits to which the employee would have been entitled had he or she continued to be employed during the period of notice.
Note: goHeather does not sell employment contracts in PEI or the Territories, and we do not track those jurisdictions, so they will not be included in this statutory notice per province guide below.
Ontario Minimum Notice of Termination Requirements
In Ontario, it is a simple formula for notice of termination. An employee who has been continuously employed for three months is entitled to one (1) week of notice of termination for every year of completed service, up to a maximum of 8 weeks. For example, if the employee worked for six years, they would be entitled to six weeks' notice.
Also, unlike every other province in Canada, in Ontario, an employee who has been employed by the employer for five years or more, and the employer has a payroll of $2.5 million or more, is entitled to statutory severance on top of statutory notice in the amount of one (1) week of severance for every year of completed service, up to a maximum of (26) twenty-six weeks. For example, if the employee worked for six years at a large employer, they would be entitled to six weeks of statutory notice (as discussed above) and six weeks of statutory severance.
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Alberta Minimum Notice of Termination Requirements
In Alberta, an employee who has been continuously employed for ninety days is entitled to:
1 week of notice of termination if the employee has been employed by the employer for less than 2 years,
2 weeks of notice if the employee has been employed by the employer for 2 years or more but less than 4 years,
4 weeks of notice if the employee has been employed by the employer for 4 years or more but less than 6 years,
5 weeks of notice if the employee has been employed by the employer for 6 years or more but less than 8 years,
6 weeks of notice if the employee has been employed by the employer for 8 years or more but less than 10 years, or
8 weeks of notice if the employee has been employed by the employer for 10 years or more. This is the maximum notice an employer has to give a long-standing employee in Alberta.
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Manitoba Minimum Notice of Termination Requirements
In Manitoba, an employee is entitled to notice of termination in the amount of:
1 week if they have been continuously employed for 30 days but less than 12 months:
2 weeks of notice if the employee has been employed by the employer for 12 months or more but not less than 3 years,
4 weeks of notice if the employee has been employed by the employer for at least three years but less than five years,
6 weeks of notice if the employee has been employed by the employer for at least five years and but less than 10 years,
8 weeks of notice if the employee has been employed by the employer for at least 10 years. This is the maximum notice an employer has to give a long-standing employee in Manitoba.
British Columbia Minimum Notice of Termination Requirements
In British Columbia, an employee is entitled to notice of termination in the amount of:
1 week if they have been continuously employed for three months but less than twelve months,
2 weeks of notice if the employee has been employed by the employer for twelve months or more but not less than 3 years,
3 weeks of notice if the employee has been employed by the employer for 3 years,
4 weeks of notice if the employee has been employed by the employer for 4 years,
5 weeks of notice if the employee has been employed by the employer for 5 years,
6 weeks of notice if the employee has been employed by the employer for 6 years,
7 weeks of notice if the employee has been employed by the employer for 7 years,
8 weeks of notice if the employee has been employed by the employer for 8 years or more. This is the maximum notice an employer has to give a long-standing employee in British Columbia.
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Saskatchewan Minimum Notice of Termination Requirements
In Saskatchewan, an employee is entitled to notice of termination in the amount of:
1 week if they have been continuously employed for 13 weeks but less than one year,
2 weeks of notice if the employee has been employed by the employer for one year but not less than 3 years,
4 weeks of notice if the employee has been employed by the employer for at least three years but less than five years,
6 weeks of notice if the employee has been employed by the employer for at least five years and but less than 10 years,
8 weeks of notice if the employee has been employed by the employer for at least 10 years. This is the maximum notice an employer has to give a long-standing employee in Saskatchewan.
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Nova Scotia Minimum Notice of Termination Requirements
In Nova Scotia, an employee is entitled to notice of termination in the amount of:
1 week if they have been continuously employed for three months weeks but less than one year,
2 weeks of notice if the employee has been employed by the employer for one year but not less than 3 years,
4 weeks of notice if the employee has been employed by the employer for at least three years but less than five years,
6 weeks of notice if the employee has been employed by the employer for at least five years and but less than 10 years,
8 weeks of notice if the employee has been employed by the employer for at least 10 years. This is the maximum notice an employer has to give a long-standing employee in Nova Scotia.
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New Brunswick Minimum Notice of Termination Requirements
In New Brunswick, an employee is entitled to notice of termination in the amount of:
2 weeks of notice if the employee has been employed by the employer for a continuous period of employment of six months or more but less than five years,
4 weeks of notice if the employee has been employed by the employer for a continuous period of employment of five years or more.
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Newfoundland and Labrador Minimum Notice of Termination Requirements
In Newfoundland and Labrador, an employee is entitled to notice of termination in the amount of:
1 week of notice if the employee has been continuously employed by the employer for a period of 3 months or more but less than 2 years,
2 weeks notice if the employee has been continuously employed by the employer for a period of 2 years or more but less than 5 years,
3 weeks of notice if the employee has been continuously employed by the employer for a period of 5 years or more but less than 10 years,
4 weeks of notice if the employee has been continuously employed by the employer for a period of 10 years or more but less than 15 years,
6 weeks of notice if the employee has been continuously employed by the employer for a period of 15 years or more.
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Federal Note: Like Ontario, federally regulated employers (e.g. airlines) in all provinces must provide employees statutory severance pay, but federally regulated employers are rare and thus won't be discussed in this article. To read about federal statutory severance, click here, but keep in mind this only applies to federally regulated employers, which are rare.
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