Notice and Termination Pay in Canada by Province

A notice period is the time between being told your job will end and your last day: Manitoba describes notice of termination as “the period of time an employee or an employer is required to give the other before ending employment”. When an employer ends a job without cause, the employment standards law that covers it requires notice or pay instead of notice (several laws also allow a mix of the two), and the minimum depends on how long you’ve worked there. The Canada Labour Code and the Ontario, Alberta, B.C., Saskatchewan and Quebec laws say the notice is given in writing. The laws name the pay differently: termination pay in Ontario and Alberta, wages in lieu of notice under the Canada Labour Code, compensation for length of service in B.C., an indemnity in Quebec and pay instead of notice in Saskatchewan. Which law covers your job is explained in the workplace rights guide. These are minimums: Ontario’s guide says a contract term that gives more applies instead, and the courts can award more (if it looks short). For the first weeks after a job ends, in order, see laid off or fired.

How much notice does your employer have to give you?

Find your jurisdiction and your length of service: the weeks are working notice or, if you aren’t asked to work them, pay for the same number of weeks.

Minimum notice of termination, or pay instead of notice, by length of service
Jurisdiction	Service before notice is owed	Minimum notice or pay, by length of service	Maximum
Alberta	more than 90 days	More than 90 days to less than 2 years: 1 week 2 to less than 4 years: 2 weeks 4 to less than 6 years: 4 weeks 6 to less than 8 years: 5 weeks 8 to less than 10 years: 6 weeks 10 years or more: 8 weeks	8 weeks
British Columbia	more than 3 months	More than 3 months: 1 week More than 1 year: 2 weeks 3 weeks after 3 years, plus 1 week for each additional year, to a maximum of 8 weeks	8 weeks
Manitoba	30 days	30 days to less than 1 year: 1 week 1 to less than 3 years: 2 weeks 3 to less than 5 years: 4 weeks 5 to less than 10 years: 6 weeks 10 years or more: 8 weeks	8 weeks
New Brunswick	6 months	6 months to less than 5 years: 2 weeks 5 years or more: 4 weeks	4 weeks
Newfoundland and Labrador	3 months	3 months to less than 2 years: 1 week 2 to less than 5 years: 2 weeks 5 to less than 10 years: 3 weeks 10 to less than 15 years: 4 weeks 15 years or more: 6 weeks	6 weeks
Nova Scotia	3 months	3 months to less than 2 years: 1 week 2 to less than 5 years: 2 weeks 5 to less than 10 years: 4 weeks 10 years or more: 8 weeks	8 weeks
Northwest Territories	90 days The FAQ ties the notice and termination pay entitlement to employees who work 25 hours a week or more; the Act's section 37 says only 90 days or more	90 days to less than 3 years: 2 weeks 3 to less than 4 years: 3 weeks 4 to less than 5 years: 4 weeks 5 to less than 6 years: 5 weeks 6 to less than 7 years: 6 weeks 7 to less than 8 years: 7 weeks 8 years or more: 8 weeks	8 weeks
Nunavut	90 days	90 days to less than 3 years: 2 weeks From 3 years, 3 weeks, then 1 more week for each additional year of employment, to a maximum of 8 weeks	8 weeks
Ontario	3 months	3 months to less than 1 year: 1 week 1 to less than 3 years: 2 weeks 3 to less than 4 years: 3 weeks 4 to less than 5 years: 4 weeks 5 to less than 6 years: 5 weeks 6 to less than 7 years: 6 weeks 7 to less than 8 years: 7 weeks 8 years or more: 8 weeks	8 weeks
Prince Edward Island	90 days	90 days to less than 1 year: 1 week 1 to less than 5 years: 2 weeks 5 to less than 10 years: 4 weeks 10 to less than 15 years: 6 weeks 15 years or more: 8 weeks	8 weeks
Quebec	3 months of uninterrupted service	3 months to 1 year: 1 week 1 to 5 years: 2 weeks 5 to 10 years: 4 weeks 10 years or more: 8 weeks	8 weeks
Saskatchewan	more than 13 consecutive weeks	More than 13 weeks to 1 year: 1 week More than 1 year to 3 years: 2 weeks More than 3 years to 5 years: 4 weeks More than 5 years to 10 years: 6 weeks More than 10 years: 8 weeks	8 weeks
Yukon	6 consecutive months	6 months to less than 1 year: 1 week 1 to less than 3 years: 2 weeks 3 to less than 4 years: 3 weeks 4 to less than 5 years: 4 weeks 5 to less than 6 years: 5 weeks 6 to less than 7 years: 6 weeks 7 to less than 8 years: 7 weeks 8 years or more: 8 weeks	8 weeks
Federal (Canada Labour Code)	3 consecutive months	3 months to less than 3 years: 2 weeks From 3 completed years, 1 week per completed year, to a maximum of 8 weeks	8 weeks

The second column is the service you need before notice is owed; probation explains how that relates to a probation period. The laws word their tiers differently, some starting at “more than” a length of service and others at “at least” it, and the table keeps each source’s words, so at the exact edge of a tier your row’s own wording is the one to read. Ontario counts the time you were “continuously employed”, and Quebec counts “uninterrupted service”. To turn your weeks into dollars, the termination and severance pay calculator reads the same table.

Termination pay, severance pay and common-law notice: what’s the difference?

Termination pay, or pay in lieu of notice, is the employment standards minimum in the table above, paid when the employer doesn’t give the notice or lets you go before it runs out.

Statutory severance pay is a separate payment that Ontario’s law and the Canada Labour Code add on top of notice. Ontario’s guide says “Severance pay is not the same as termination pay, which is given in place of the required notice of termination of employment”, and that the termination rules are “entirely separate” from severance pay. In Ontario an employee whose job is severed gets statutory severance pay only with 5 or more years with the employer and an employer that either has a global payroll of at least $2.5 million or severed 50 or more employees in a 6-month period because all or part of the business permanently closed. A federally regulated employee gets statutory severance pay under the Canada Labour Code when the employer ends their employment after they have completed 12 consecutive months of continuous employment, unless the employer dismisses them for just cause. Alberta’s page says severance pay “is determined under common law and not required under the Employment Standards Code”. The amounts and full conditions are on statutory severance pay.

Common-law reasonable notice is what a court can award beyond the minimums. Ontario’s guide says “Some employees may have rights under the common law that are greater than the rights to notice of termination (or termination pay) and severance pay”, and Saskatchewan’s page says “This amount of reasonable or ‘common law’ notice is not enforced under employment standards”. How courts set it is on common-law reasonable notice.

Working notice or pay in lieu: which does your employer choose, and what can’t change?

Ontario, Alberta, B.C. and the Canada Labour Code let the employer give working notice, pay instead, or a combination. Ontario allows a mix “as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive”, and Alberta describes notice “which the employee works out” combined with termination pay.

While you work the notice, several laws limit what the employer can change, starting once notice is given: Alberta’s employer “cannot reduce earnings or any other terms or conditions of employment”, and in B.C. the job can’t be changed, for example by lowering hours or pay, unless you agree in writing.

Each law’s wording on pay instead of notice, how a week’s pay is worked out, and what the employer can’t change while you work the notice:

What pay instead of notice is, how a week's pay is worked out, and what can't change during working notice
Jurisdiction	What the pay instead of notice is	How a week's pay is worked out	During working notice
Alberta	Termination pay of at least the wages the employee would have earned working regular hours through the notice period; the employer may combine working notice and pay	When pay varies, the average over the last 13 weeks worked before the termination date, counting regular hours only (no overtime, general holiday pay or vacation pay)	The employer cannot reduce earnings or other terms, and cannot require use of banked overtime, vacation or general holidays during the notice period (with limited exceptions)
British Columbia	Compensation for length of service equal to the notice weeks, paid to let the employee go at once; notice and pay can be combined	A week's pay is total wages over the last 8 weeks divided by 8, counting salary, commission, statutory holiday pay and paid vacation but not overtime	Once written notice is given the employer cannot change the job (for example, lower hours or pay) without the employee's written agreement; the employee must be able to work and earn income through the notice period
Manitoba	A wage not less than what the employee would have earned in regular hours over the notice period (or the part of it not given), owed even if the employee finds other work	Not stated	Not stated
New Brunswick	An employer may terminate or lay off without notice by paying an amount equal to the pay the employee would have earned during the notice period	Not stated	Not stated
Newfoundland and Labrador	Wages equal to the normal wages covering the notice period, including overtime wages that might have been earned based on the overtime practised in the month before termination	Not stated	Not stated
Nova Scotia	As much pay as the employee would receive working through the notice period, paid as one lump sum (at the time of termination on the province's web page; within five working days after the end of the pay period in which the termination occurred in its Labour Standards Code Guide)	Not stated	The employer may not change the pay rate or any other condition such as benefits, and may not require remaining vacation to be used unless the employee agrees
Northwest Territories	Termination pay in place of notice; notice and pay can be combined to make up the weeks owed	Not stated	The employer cannot cut hours or pay rates during the notice period
Nunavut	Termination pay equal to the wages and benefits the employee would have received working usual hours for each week of the notice period; termination pay is deemed to be wages	Not stated	The employer cannot reduce wages or change terms, and must pay wages and benefits of at least what the employee would have earned working usual hours, whether or not work is required
Ontario	A lump sum equal to regular wages for a regular work week for each week of notice owed; vacation pay is earned on it and benefit-plan contributions must continue for those weeks	With no regular work week, the average of regular wages in the weeks worked during the 12 weeks before the notice date; overtime, vacation pay, public holiday pay and similar items are not regular wages	The employer cannot cut the wage rate or change other terms, must keep making the contributions that maintain benefit plans, and must pay at least regular wages for a regular work week each week
Prince Edward Island	An amount equal to the employee's regular wages, excluding overtime, for a period equal to the notice period	Not stated	During the notice period the employer pays the greater of wages for hours worked at the regular rate and regular wages (no overtime) for a period equal to the notice period
Quebec	An indemnity equal to the regular wages (no overtime) the worker would have earned from the date notice should have been given to the end of employment	Not stated	The worker's benefits must be maintained during the notice period, and annual vacation may not be counted in the notice period
Saskatchewan	Payment of the employee's normal weekly wages for each week of the required notice period	If wages vary, a normal week's wage is the average wage for the last 13 weeks worked, not including overtime	The employee's pay rate and normal hours of work cannot be reduced during the notice period; if the schedule allows less than normal wages, the employer makes up the difference
Yukon	Termination pay equal to the regular wages for normal hours of work for the notice period the employee was owed	Not stated	After notice is given the employer cannot, without the employee's consent, change the rate of wages or any other term or condition of employment
Federal (Canada Labour Code)	Regular wages in place of notice; a combination of notice and wages in lieu of notice is permitted	Not stated	Not stated

Do you keep your benefits during the notice period?

In Ontario, the employer has to keep making the contributions that maintain your benefit plans through the statutory notice period, whether you work the notice or are paid termination pay instead. Quebec’s rule is that “The worker’s benefits must be maintained during the notice period.” In Nova Scotia, once notice is given the employer may not change your pay or “any other condition of employment, such as benefits”. Nunavut’s Act has the employer pay wages and benefits of at least what you’d have had working your usual hours, “whether or not work is required or performed”. For the other laws, the pay table above shows their words on pay and terms of employment. When cover ends after the notice period, and how conversion works, is on benefits after leaving a job.

What does termination pay include, and when is it paid?

Termination pay is your regular wages for the weeks of notice you didn’t get: Ontario’s guide calls it “a lump sum payment equal to the regular wages for a regular work week that an employee would otherwise have been entitled to during the written notice period”, and adds that “An employee earns vacation pay on their termination pay.” When your pay varies, Ontario, B.C., Alberta and Saskatchewan work out a week’s pay as an average over a set number of past weeks (12, 8, 13 and 13) and leave out overtime, so termination pay isn’t simply your base salary. The calculator works out the dollars.

Where the final pay data gives termination pay its own timing:

Ontario: No later than 7 days after the job ends or the next regular pay date, whichever is later.
Nova Scotia: Pay in lieu of notice is due as one lump sum: the province's web page says at the time of termination, its Labour Standards Code Guide within five working days after the end of the pay period in which the termination occurred.
Quebec: The indemnity for missing notice is paid at the time of termination under the Act respecting labour standards (section 83); CNESST's page says at the time of termination or at the next pay.
Yukon: Termination pay can be paid in instalments on regular paydays, as long as all of it is paid within the notice period the employee was entitled to.

For the other laws, see the final pay table, and if the money doesn’t arrive, my employer hasn’t paid me.

For tax, the CRA says “Wages in lieu of termination is considered employment income”, while a payment made only as damages for losing the job is generally a retiring allowance. Withholding and transfers to an RRSP are on tax on severance. For EI, pay in lieu of notice counts as separation earnings, and under a temporary measure for a claim or allocation starting between March 30, 2025 and October 9, 2027 those earnings aren’t deducted from benefits; the details are on money paid when you leave.

Can you be fired without notice or pay?

Each law lists cases where no notice or pay instead is owed, and the lists differ. Outside those cases, an employer can still end a job at once by paying instead of notice, and Ontario’s guide says the ESA “does not require an employer to give an employee a reason why their employment is being terminated.”

When no notice or pay instead of notice is owed, in each law's words
Jurisdiction	Cause	Fixed term or task	Refused alternative work
Alberta	Dismissed for just cause	Employed for a definite term or task of 12 months or less, or on a seasonal basis with the job ending when the season ends	Refuse reasonable alternate work when temporarily laid off
Alberta, other cases: Employed 90 days or less, in construction or brush clearing, not given work because of a strike or lockout, casual employees who may choose whether to work, and contracts made impossible by causes beyond the employer's control
British Columbia	Quits, retires or is fired for just cause; the employer must prove just cause	Hired for a definite term or specific work of 12 months or less; if the work runs 3 or more months past the planned end, notice or pay is owed	Refuses reasonable alternative work
British Columbia, other cases: On-call temporary assignments the employee can accept or reject, unforeseeable events, construction-site employees of a construction employer, and teachers employed by a board of school trustees
Manitoba	Employment terminated for just cause	Fixed term that ends at the end of the term, or a specific task of up to 12 months that ends when the task is done	Not stated
Manitoba, other cases: Construction employees, work-when-asked arrangements, contracts made impossible by a fortuitous or unforeseeable circumstance, strikes and lockouts as regulations set out, an employee who gave written notice of a quit or retirement date and leaves on it, and a business sale where the employee is rehired on equal or better terms
New Brunswick	Cause for dismissal exists; a dismissal for cause must be in writing and set out the reasons	A definite assignment of up to twelve months, or a fixed term that ends (unless the employee is kept on three months past it)	Refused reasonable alternate employment offered as an alternative to being terminated or laid off
New Brunswick, other cases: Retirement under a bona fide retirement plan, construction work, and normal seasonal reduction, closure or suspension of an operation; the rules apply only to employees not covered by a collective agreement
Newfoundland and Labrador	Wilfully refused a lawful instruction, misconduct, neglect of duty, or another breach of a material condition that the Director or Labour Relations Board considers warrants summary dismissal	A firm non-renewable term or specific task that does not exceed 12 months and is not ended early	Rejects an offer of reasonable alternative employment of a similar nature requiring similar skill, effort and ability and allowing comparable pay
Newfoundland and Labrador, other cases: Reached the retirement age under the undertaking's established practice, or the employer must terminate because of destruction or major breakdown of plant, or climatic or economic conditions beyond its foreseeable control
Nova Scotia	Wilful misconduct, disobedience or neglect of duty that the employer has not condoned; an employee with 10 or more years of service cannot be fired without just cause or good reason	A set term or task no longer than 12 months that ends when the term or task ends	The employer offers the employee other reasonable employment
Nova Scotia, other cases: A sudden and unexpected lack of work the employer could not avoid, reaching retirement age based on a bona fide occupational requirement, and groups the rules do not cover such as construction on-site workers, real estate and car sales people, and employees under a collective agreement
Northwest Territories	Terminated for just cause; the employer need not use progressive discipline first	Employed for a specific term or task and completes it	The employee refused an offer of reasonable alternative work from the employer
Northwest Territories, other cases: Construction industry employees may be dismissed without notice or pay in lieu, and seasonal employees are not entitled to termination pay
Nunavut	Employment terminated for just cause	Not stated	Employment terminated because the employee refused an offer of reasonable alternative work
Nunavut, other cases: Employment in an activity, business, trade, occupation or profession that regulations exempt
Ontario	Wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer	Hired for a set period or task, unless the job ends early, the term or task runs more than 12 months past the start, or the job continues 3 months or more after it ends	Refused an offer of reasonable alternative employment with the employer
Ontario, other cases: Construction employees, certain ship builders and repairers, terminations during or because of a strike or lockout, and contracts made impossible by an unforeseen event such as a fire or flood
Prince Edward Island	Terminated for cause	Employed to perform a definite task for a period not exceeding one year	Has been offered other reasonable employment by the employer
Prince Edward Island, other cases: Terminated or laid off for an unforeseeable reason beyond the employer's control, or because of labour disputes, weather conditions or government action that directly affect operations
Quebec	Found guilty of grave misconduct justifying immediate dismissal	Fixed-term contract, or the task the worker was hired for has been completed	Not stated
Quebec, other cases: Terminated or laid off because of force majeure, such as a fire
Saskatchewan	The employer has just cause to dismiss the employee	Contract of employment with a definite end date	Not stated
Saskatchewan, other cases: Employee has less than 13 weeks of continuous employment, refuses to work out a notice period, or voluntarily resigns
Yukon	An employee discharged for just cause	A project or assignment of up to 12 months that is completed, or a contract term that has ended (unless the employee is kept on more than one month past it)	An employee who has been offered and has refused reasonable alternative employment
Yukon, other cases: The construction industry, a seasonal or intermittent undertaking operating less than six months a year, an employer who has failed to abide by the employment contract, a contract impossible to perform because of an unforeseeable event, and employees represented by a trade union for collective bargaining
Federal (Canada Labour Code)	Dismissed for just cause	Signed a contract with a specific end date and the work ends on that date	Not stated
Federal (Canada Labour Code), other cases: Employee terminates their own employment

“Not stated” means the source read for the table doesn’t say; it isn’t a statement that no rule exists.

B.C., Saskatchewan and Alberta describe cause narrowly, each in its own words. B.C.’s page says the employer has to prove just cause, and that “Unsatisfactory performance (for example, an employee is unable to perform job duties) or minor misconduct (such as lateness or not coming to work) are not considered just cause”, though an employer can let you go for those reasons with notice or pay. Saskatchewan’s says “Personality conflicts, general dissatisfaction with performance, petty issues, or one incident of inappropriate behaviour or misconduct, are usually not serious enough for just cause to terminate without notice.” Alberta’s says that when an employee complains, “the burden of proof is on the employer to show that just cause exists.” What courts treat as cause is on just cause dismissal.

What is a probation period, and can you be let go during one without notice?

In Manitoba’s description, “a probationary period is a time where an employee’s skills and abilities are tested and evaluated by their employer.” What the employment standards laws set is a minimum length of service before notice is owed, the second column of the notice table; Ontario’s guide, for example, gives notice to an employee “continuously employed for at least three months”. Three laws speak to the first weeks of a job directly:

Manitoba: The notice rules do not apply if employment is shorter than a collective agreement's probationary period (when that period is a year or less), or otherwise shorter than 30 days. Manitoba’s explanation adds that “The first 29 days of employment may be considered a probationary period for the purposes of termination notice”, and that an employer may set a probationary period for its own purposes, such as when group benefits start, as long as it doesn’t affect the notice period or any other provision of the Code.
Nova Scotia: No notice is owed to an employee who has worked for the employer less than three months.
Newfoundland and Labrador: Section 53 lets an employer end a contract of service that has lasted less than 30 days without notice, while the notice scale in section 55 starts at 3 months of continuous employment.

So in Manitoba a probation clause longer than the minimum doesn’t shorten the notice the Code requires, and an agreement for less “is not valid”. For the other laws, the service in their row of the table is the minimum before notice is owed. For notice beyond these minimums, see common-law reasonable notice.

What if many jobs end at once?

When many jobs end within a short period, the laws have separate group rules, with their own thresholds and notice: Ontario calls it a mass termination, and the Canada Labour Code and B.C. a group termination. Under the Code, the group notice comes on top of each employee’s own notice. The table shows each law’s threshold, who receives the notice and how long it is.

Group (mass) termination: when the rules apply and the notice owed
Jurisdiction	When the group rules apply	Notice owed
Alberta	50 or more employees terminated at a single location within a 4-week period	Written notice to the minister of at least 4 weeks (as soon as reasonable if that is not possible); affected employees need individual termination notices, not a group notice
British Columbia	50 or more employees terminated at a single location within any 2-month period	At least 8 weeks for 50 to 100 employees, 12 weeks for 101 to 300, 16 weeks for 301 or more; owed in addition to individual notice or pay
Manitoba	50 or more employees entitled to notice, terminated within a four-week period	Written notice to the minister of 10 weeks if no more than 100 employees are affected, 14 weeks for more than 100 and fewer than 300, 18 weeks for 300 or more; individual notice must still meet the individual periods
New Brunswick	More than ten employees who are at least 25 per cent of the employer's employees, terminated or laid off in a four-week period	At least six weeks' notice to the Minister, the affected employees and any bargaining agent; a longer notice period in a collective agreement applies
Newfoundland and Labrador	50 or more employees terminated within a 4 week period	8 weeks for 50 to 199 employees, 12 weeks for 200 to 499, 16 weeks for 500 or more, in writing to each employee, with the minister told in writing; contracts of service of under 1 month are not counted
Nova Scotia	10 or more employees fired or laid off within any period of 4 weeks or less	8 weeks for a group of 10 to 99 employees, 12 weeks for 100 to 299, 16 weeks for 300 or more
Northwest Territories	25 or more employees terminated at one time or within a period not exceeding four weeks	Notice to the Employment Standards Officer and any union of four to 16 weeks depending on how many employees are affected Act section 41: 4 weeks for fewer than 50 employees, 8 weeks for 50 to 99, 12 weeks for 100 to 299, 16 weeks for 300 or more
Nunavut	25 or more employees terminated at one time or within a period not exceeding four weeks	Written notice to the Labour Standards Officer of 4 weeks for under 50 employees, 8 weeks for 50 to 99, 12 weeks for 100 to 299, 16 weeks for 300 or more, in addition to each employee's own notice
Ontario	50 or more employees terminated at one establishment within a four-week period	8 weeks for 50 to 199 employees, 12 weeks for 200 to 499, 16 weeks for 500 or more; the notice is not effective until the employer's Form 1 reaches the Director Exception: Does not apply when the terminations are no more than 10 per cent of employees with 3 or more months at the establishment and none results from a permanent discontinuance of all or part of the business there
Prince Edward Island	10 or more employees representing at least 25 per cent of the employees at a workplace, terminated or laid off within a two-month period	Written notice at least six weeks before the first termination to each affected employee, any certified or recognized union and the Minister
Quebec	10 or more workers in the same establishment over 2 consecutive months, either terminated or laid off for 6 months or more	8 weeks for 10 to 99 workers, 12 weeks for 100 to 299, 16 weeks for 300 or more, posted in the workplace; individual notice of termination is also required
Saskatchewan	25 or more employees in a workplace (or workplaces in a community with a common employer) within any four-week period	4 weeks for 25 to 49 employees, 8 weeks for 50 to 99, 12 weeks for 100 or more, given in writing to the Minister, each employee and any union; individual notice is also required
Yukon	25 or more employees terminated at once or within a period not exceeding four weeks	Notice to the director at least 4 weeks ahead for 25 to 49 employees, 8 weeks for 50 to 99, 12 weeks for 100 to 299, 16 weeks for 300 or more, on top of each employee's own notice
Federal (Canada Labour Code)	50 or more employees at a single industrial establishment, on the same date or within any 4-week period (seasonal and irregular-arrangement employees are not counted)	Written notice to the Labour Program's Head of Compliance and Enforcement at least 16 weeks before the terminations (a waiver can be requested); individual notice rules still apply

What if you were laid off, or you’re the one leaving?

For the Canada Labour Code, the Labour Program’s page says “A lay-off becomes a termination of employment when the conditions of temporary lay-off no longer apply”, and the termination rules then apply. How long a temporary layoff can last is on cut hours and temporary layoffs, which also covers a job changed without your agreement.

If you’re the one quitting, some laws ask you for notice and others don’t: Alberta’s page says employees who quit “are required to give written notice”, while B.C.’s says employers usually like some notice “but this is not required”. Quitting your job covers notice from that side.

What if the notice or pay you got looks short?

Less than the minimum in your row can be claimed through an employment standards complaint, which has a time limit. Manitoba’s page says “Any agreement between an employee and employer that is less than the minimum is not valid”, and Ontario’s guide says “No employee can agree to waive or give up their rights under the ESA” and “Any such agreement is null and void.” If termination pay wasn’t paid at all, my employer hasn’t paid me explains how to claim it.

More than the minimum can come from a contract or the courts, and Prince Edward Island’s Act says “Nothing in this Part affects any other amounts payable to an employee in respect of a termination.” The two routes fit together differently: Ontario’s guide says employees “cannot sue an employer for wrongful dismissal” and also “file a claim for termination pay or severance pay with the ministry for the same termination or severance of employment”, while the federal page says “filing a complaint under the Canada Labour Code does not prohibit you from filing civil action against your employer for wrongful dismissal”. The choices are set out in your options after a wrongful dismissal, and federally regulated workers who qualify have an unjust dismissal complaint. If an offer comes with a release to sign, see what’s in a severance package and a package or a release. Your contract, termination letter and pay stubs show your start date, your wages and what was paid out.

Sources

The figures and rules on this page come from these sources, last checked against them between October 15, 2026 and November 13, 2026. How we check facts.

CNESST (3): Termination, layoff, dismissal and resignation Notice of termination of employment and indemnity Collective dismissal
ece.gov.nt.ca: Frequently Asked Questions | Education, Culture and Employment
gnwt.ca: Employment%20Standards%20Act
Government of Alberta: Employment standards – Termination and lay-off | Alberta.ca
Government of British Columbia (3): Liability Resulting from Length of Service - Act Part 8, Section 63 Quitting or getting fired Esa part 8 section 64
Government of Canada (2): Temporary Employment Insurance measures to respond to major changes in economic conditions Termination, layoff or dismissal
Government of Manitoba: C.C.S.M. c. E110
Government of New Brunswick (2): Rights terminated <<SR_PageTitle>>
Government of Nova Scotia (2): | novascotia.ca Guide to the Nova Scotia
Government of Ontario (4): Payment of wages | Your guide to the Employment Standards Act Termination of employment | Your guide to the Employment Standards Act Part XV Severance pay | Your guide to the Employment Standards Act
Government of Saskatchewan (2): Individual Layoff or Termination | Layoffs and Termination Group layoff or termination
House of Assembly of Newfoundland and Labrador: RSNL1990 CHAPTER L-2 - LABOUR STANDARDS ACT
Internet Archive: Employment Standards Act
Justice Laws (Canada): Canada Labour Code
Legislative Assembly of Prince Edward Island: Employment Standards Act
LégisQuébec: Légis Québec
nunavutlegislation.ca: CONSOLIDATION OF