Notice period
in Canada.

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Canada

What is the minimum notice period when resigning in Canada?

‘Reasonable notice’ is required. The notice period is usually stipulated in the individual employment agreement. Although it is not recognised as the minimum notice period, generally employees who intend to resign should give at least 1 or 2 weeks notice period.

The requirement to provide notice of resignation usually increases based on the length of employment and the seniority of the role. For example an employee who has worked with the same company for more than 8 years and is employed in a senior management role might be required to provide 8 weeks’ notice.

Video: Notice of termination

What are the consequences of an insufficient notice period in Canada?

Employees who resign without giving reasonable notice risk triggering legal proceedings, where the previous employer decides to seek damages.

Employers must also provide a reasonable notice period otherwise they risk wrongful dismissal.

Is it possible to reduce the notice period in Canada under exceptional circumstances?

Yes, ‘reasonable notice’ is not defined under Canadian common law so, from a legal perspective, it is possible to reduce the notice period under exceptional circumstances.

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FAQs

How much notice must employees give before resigning in Canada?

Employees must give ‘reasonable notice’ – this can be as little as 1 weeks’ notice but generally, when voluntarily leaving, 2 weeks’ notice is expected.

How much notice must employers give before terminating employment in Canada?

Generally, 2 weeks notice is required. Except where the termination is due to dismissal for just cause, employers must provide written notice at least two weeks in advance of the specified date when the employment agreement is to be terminated.

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