Topic

Termination

Plain-language answers on termination, written from primary sources.

Ending an employment relationship in Canada involves three separate layers that get mixed together in conversation as “severance”: statutory notice or pay in lieu (the floor set by employment standards law), statutory severance where it exists as its own entitlement, and common-law reasonable notice (set by courts, often much larger, unless a valid contract clause limits it). Which statute sets the floor depends on jurisdiction, and the differences are material.

The statutory floor, by jurisdiction

AlbertaOntarioFederal
Governing lawEmployment Standards CodeEmployment Standards Act, 2000Canada Labour Code
Notice scale1 to 8 weeks by length of serviceScales with length of serviceOwn scale and unjust-dismissal regime
No-notice threshold90 days or less of employmentUnder the ESA’s minimum service periodOwn rules
Group terminationsAdvance written notice to the Minister for larger groupsEnhanced notice rulesOwn group-termination rules

The scales differ enough that reading the wrong province’s table produces a wrong answer; use the jurisdiction-specific articles below for the exact ladder.

Start with these answers

Mistakes on both sides of a termination

  1. Employers paying only the statutory minimum without checking the contract. If the termination clause is invalid, common-law notice applies, and it is usually larger.
  2. Employees signing a release on the spot. The first offer typically reflects the statutory floor, not the common-law entitlement.
  3. Missing the group-termination overlay. Larger layoffs trigger separate government notice requirements on top of individual entitlements.

Official starting points

Guide last updated August 8, 2026.

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