Employment law in Canada: deadlines, severance and your next step
Before signing a release, resigning or filing a complaint, identify which law and process cover your work. Use the deadline table and severance-review checklist to prepare the records and questions that matter for advice.
Key points
- Start with the work location, employer’s business, union coverage and the issue. Federal, provincial/territorial, grievance and human-rights routes are different; the route table helps you identify the first check.
- There is no single Canadian employment-claim deadline. Examples include 90 days for an eligible federal unjust-dismissal complaint and 45 days for Quebec’s qualifying dismissal complaint. The eligibility rules matter as much as the number.
- An employer’s offer-signing deadline and a statutory filing deadline are different. Ask promptly about time to review the offer, but do not assume negotiations, an internal complaint or a lawyer booking stop a legal clock.
- A severance proposal needs review of statutory minimums, the contract, compensation and any release. You may have additional rights; neither a larger payment nor a national months-per-year formula is guaranteed.
- Apply for EI promptly when work stops. Current temporary measures change how specified separation earnings and waiting periods are treated; report payments accurately and let Service Canada determine eligibility.
- Bring the employment-document checklist to advice. Legal Hotline advertises a C$295 matching and arrangement fee for an initial one-hour Canadian lawyer consultation; later work is separately agreed.
In federally regulated Canadian employment covered by Part III, as checked on 23 October 2026, Canada Labour Code section 240 generally requires an unjust-dismissal complaint within 90 days of dismissal; the route requires at least 12 consecutive months of employment, excludes managers and employees covered by a collective agreement, and is subject to statutory exclusions and limited extension grounds.
Checked on 23 October 2026: current federal, Ontario, BC and Quebec employment provisions, government claim and EI guidance, official legal-help information and the Canadian consultation terms. Sources and limits of this check.
Which employment-law route applies to your problem?
Identify where the work is performed, the employer’s legal name and undertaking, your employment status and any collective agreement. A business operating across Canada is not automatically federally regulated for every employment purpose. The official jurisdiction directory lists federal industries and links provincial/territorial standards.
Banks, airlines, telecommunications and specified interprovincial transport are examples of federal undertakings. Federal public servants are not simply all covered by the Canada Labour Code’s Part III employment standards. Coverage and exemptions require the actual workplace facts.
Common-law employment principles are relevant outside Quebec; Quebec has a civil-law framework. A contract, employee/contractor label or general online calculator does not by itself settle every entitlement.
Scroll the tables sideways to compare all columns.
| Your situation | First route to check | Important distinction |
|---|---|---|
| Covered by a collective agreement | Contact the union promptly about grievance steps and deadlines. | Do not assume you can choose the ordinary non-union complaint or court route. |
| Unpaid minimum wages, overtime, vacation or termination entitlements | The applicable federal or provincial/territorial employment-standards authority. | Coverage, exemptions, time limits and interaction with a court claim differ. |
| Dismissal, a proposed release or a major contract change | Review the contract, minimum standards and the available dismissal remedy. | An administrative complaint, court claim and statutory reinstatement route are not interchangeable. |
| Discrimination, harassment, safety or reprisal | Identify the relevant human-rights, safety, labour or grievance process. | Not every workplace conflict is a protected-ground discrimination claim. |
| Work has ended and you need income support | Check and promptly apply for Employment Insurance with Service Canada. | EI eligibility is separate from whether an employment claim succeeds. |
This guide gives labelled examples, not every rule across thirteen provinces and territories. An enquiry or request for advice does not itself file a complaint.
Employment-claim deadlines: check the route and starting event
Keep the dismissal notice, offer expiry, last working day, unpaid-pay dates, incident dates and any tribunal/court papers together. They may start different clocks. Get the applicable deadline checked promptly, especially if a date has already passed; late relief is limited and not automatic.
Scroll the tables sideways to compare all columns.
| Route | Ordinary time rule | Qualification and next step |
|---|---|---|
| Federal Part III unjust dismissal | 90 days from dismissal: section 240. | At least 12 consecutive months; no collective-agreement coverage; not a manager. Specified lack-of-work/discontinued-function layoffs and alternative statutory redress can exclude the route. File first with the Labour Program. |
| Quebec dismissal without good and sufficient cause | 45 days from dismissal: section 124. | Covered employee with two years’ uninterrupted service in the same enterprise; alternative-remedy and other eligibility rules apply. Contact CNESST. |
| Federal Part III monetary standards complaint | Six months from the last day the amount was required to be paid: section 251.01. | Identify each amount/due date and the correct Labour Program complaint. Limited extension grounds apply. Non-monetary complaints have a different starting event. |
| Ontario Employment Standards Act complaint | Generally within two years of the alleged contravention: section 96. | Use the correct Ministry process. Union coverage and proceedings about the same wages or termination can restrict this route. |
| BC employment standards after employment ends | Within six months after the last day of employment: section 74. | A termination after temporary layoff has a statutory deemed last-day rule. Particular hiring complaints and limited extensions have separate rules. |
| Ontario civil employment claim | Basic limitation: two years from discovery under sections 4–5 of the Limitations Act, subject to the Act. | Not a national rule or necessarily two years after the last working day. Get discovery, earlier notice and any exceptions assessed. |
| Ontario human-rights application | One year after the incident, or last incident in a series: section 34. | HRTO must be the correct tribunal. Late applications require good-faith delay and no substantial prejudice; civil proceedings can affect the route. |
| Federal human-rights complaint | Ordinarily within one year of the last act/omission: section 41. | CHRC has discretion to allow a longer period. Federal jurisdiction and other-process issues must be checked. |
Start with the official federal complaint guide, CNESST dismissal guide, Ontario claim guide, BC complaint guide or CHRC guide. An employer granting more time to consider an offer does not itself extend a statutory filing period.
What should a severance review actually check?
Separate statutory minimum entitlements from any additional contractual or other legal rights. Ontario’s termination guide recognises that some employees have greater rights; it does not promise that everyone receives more than the minimum. Quebec, federal and union settings require their own analysis.
Ask what the proposed payment covers: wages already earned, notice/pay in lieu, any statutory severance, vacation, benefits and incentive compensation. The contract and relevant bonus, commission or equity-plan terms matter. There is no reliable national one-month-per-year formula or universal 24-month ceiling established by this guide.
A release can affect further claims. Ask for time to understand it and seek advice before accepting where possible, while checking both the offer expiry and legal filing limits. An extension or improved offer is not guaranteed. Do not assume every release is effective or that statutory minimums can simply be waived.
Scroll the tables sideways to compare all columns.
| Item | Rule to check | Limits |
|---|---|---|
| Ordinary individual termination notice/pay | Generally one week for three months to under one year; two weeks for one year to under three; three-to-eight weeks in the later statutory service brackets. | Sections 54, 55 and 57: exemptions apply, and mass terminations differ. These are minimum standards, not a prediction of all rights. |
| Statutory severance eligibility | Generally at least five years’ employment plus either employer global payroll of at least C$2.5 million or the qualifying permanent-closure/50-employee/six-month condition. | Section 64 and official guidance; exemptions apply. Statutory severance is different from the everyday label “severance package”. |
| Statutory severance calculation | Regular weekly wages multiplied by completed years plus completed extra months divided by 12, up to 26 weeks. | Section 65 has service, calculation and permitted deduction rules. Confirm the actual entitlement rather than adding figures mechanically. |
Read the Ontario Act and official severance guide. Choosing an Ontario ESA complaint can restrict a civil claim about the same wages or termination; sections 97–99 include election, withdrawal and union rules. Get the route checked before filing competing proceedings.
Cause, constructive dismissal and workplace mistreatment
An employer’s allegation of cause needs assessment; it is neither automatically proved nor merely a negotiating tactic. Applicable statutory exceptions and contractual rights can differ. Preserve the allegation, warnings, policies, response and other relevant records without altering them.
A substantial unilateral change to an essential employment term or serious employer conduct may raise constructive-dismissal issues. Not every change or disagreement qualifies. The federal constructive-dismissal guide explains why the contract, consent, conduct and response matter. Seek advice before resigning or accepting a change; this guide cannot determine whether you have been dismissed.
Discrimination and protected-ground harassment, general workplace harassment/safety, injury benefits and prohibited reprisals can require different processes. Record the events and relevant protected right or ground. Do not assume an internal investigation pauses an external filing deadline.
Reinstatement is possible in some statutory routes, not only federal employment. Federal unjust-dismissal remedies and Quebec’s qualifying sections 124 and 128 can include it, subject to jurisdiction and the facts. Quebec’s section 128 has a narrower indemnity-only rule for specified domestic/care workers. No outcome is automatic.
Unpaid wages and EI: keep the applications separate
List each unpaid amount, pay period, due date and calculation, with time sheets, pay statements and the contract. Minimum wage, overtime and exemptions vary by jurisdiction and type of work; a national wage figure is not a safe substitute.
Ontario’s general minimum wage is C$17.95 per hour from 1 October 2026 to 30 September 2027. Special rates and exemptions apply. Use the relevant authority’s current rate for your work rather than treating this Ontario example as a Canadian rate.
Service Canada says apply for EI right away; waiting more than four weeks after the last day of work may lose benefits. Supporting documents can follow. Do not treat four weeks as a safe waiting period or wait for a severance dispute to finish.
The temporary EI measures published 6 October 2026 waive the waiting period for new claims starting 30 March 2025 through 9 October 2027, with a noted Supplemental Unemployment Benefit-plan exception. They also say separation earnings are not deducted where the claim or allocation starts in that period. Report payments accurately: other earnings and eligibility remain separate questions.
What is free, and what does the lawyer consultation cover?
Official information, complaint filing, eligible legal assistance and private representation are different services. Ask what work is included and what further work will cost.
Scroll the tables sideways to compare all columns.
| Service | Cost or basis | What to check |
|---|---|---|
| BC employment-standards complaint | No filing fee under current BC guidance. | Coverage, time limit and available remedy; no promise of a particular outcome or completion time. |
| Federal CHRC complaint | No filing fee and no requirement to hire a lawyer. | Federal discrimination jurisdiction; any privately retained lawyer has separate costs. |
| Legal Hotline initial lawyer consultation | Advertised C$295 matching and arrangement fee. | Initial one-hour phone/video consultation with an independent Canadian lawyer, subject to suitability, acceptance and availability. No extra lawyer charge for the first hour. |
| Negotiation, drafting, filing or representation after the consultation | Separate scope and fees agreed with the professional. | Confirm applicable charges before committing. The initial booking does not itself file anything or secure ongoing representation. |
A consultation can help identify the right route and questions about your documents. It does not guarantee that every document can be reviewed within an hour or that you will recover a larger payment.
Employment and severance consultation checklist
Bring what you already have and identify urgent dates first. Do not delay seeking help or a required filing while collecting a perfect bundle. Keep originals and preserve material lawfully held.
Scroll the tables sideways to compare all columns.
| Question | Useful records |
|---|---|
| Which law and process cover me? | Employer’s legal name/business, work location(s), employment status, job role, start/end dates, union contact and collective agreement. |
| What was agreed, and what changed? | Signed contract, amendments, termination clauses, policies, change notices, pay/role history and relevant messages. |
| What are the deadlines and proposed terms? | Dismissal/layoff letter, severance proposal, release, offer expiry, notice-receipt date, last working day, prior complaints and court/tribunal papers. |
| What money or benefits need assessment? | Pay/time records, overtime/vacation calculations, bonus/commission/equity plans, benefits, payments already made, ROE and EI documents. |
| What happened, and what should I ask? | Short chronology, relevant warnings/complaints/accommodation requests, responses and witness details; job-search/earnings records if employment ended. Ask about minimums, additional rights, route restrictions, release scope, deadlines and later fees. |
Get advice before deciding on an offer or employment claim
Use the checklist to prioritise your deadline, contract, proposed release and the outcome you want to understand. Ask which route is available, what evidence matters and what further work would be needed. The lawyer needs your actual circumstances to assess options.
Legal Hotline advertises a C$295 matching and arrangement fee for an initial one-hour phone or video consultation with an independent Canadian lawyer. The lawyer charges no additional fee for that first hour. Suitability, acceptance and availability apply; further work and fees are agreed separately.
The free 1-855-529-1555 line uses an AI assistant for general legal information. Advice on your own case is separately arranged with a lawyer. Legal Hotline is not a law firm. Drafting, filing, negotiation, representation and ongoing work are not included unless expressly agreed. Calling or booking does not preserve or extend a filing deadline.
Official help and free legal information
Use the authority or service that covers your workplace and issue. Information about minimum standards is different from advice on a disputed dismissal package; service criteria and capacity apply.
Federal Labour Program and local standards directory
The directory identifies federal coverage and links provincial/territorial standards. The Labour Program enquiry number is 1-800-641-4049. It provides information about federal workplace rules; this is not private representation.
Ontario Employment Standards Information Centre
1-800-531-5551 or 416-326-7160, Monday–Friday 8:30 am–5 pm Ontario local time. Ask about ESA minimums and the complaint route; this does not determine a common-law severance package.
Ontario Human Rights Legal Support Centre
Ontario human-rights assistance, subject to service criteria and capacity: 1-866-625-5179 or 416-597-4900. Telephone hours are Monday/Tuesday/Wednesday/Friday 9 am–5 pm and Thursday 2–5 pm, Ontario local time; listed public holidays are excluded.
CNESST dismissal complaint information
Check eligibility and the 45-day period for Quebec’s qualifying dismissal complaint. Union and alternative-remedy rules matter. The guide explains the process; it does not guarantee reinstatement or compensation.
Common questions about employment law in Canada
How long do I have to bring an employment claim in Canada?
There is no single deadline. Examples include 90 days for an eligible federal Part III unjust-dismissal complaint, 45 days for Quebec’s qualifying dismissal complaint, generally two years from an Ontario ESA contravention, and six months after employment ends for the specified BC standards complaint. Civil and human-rights routes have different rules. Check jurisdiction, eligibility, the starting event and any existing proceedings promptly.
Should I sign the severance package my employer offered?
Understand the proposed payment, contract, release and available rights before deciding. Ask promptly for time to obtain advice where needed, but do not assume an extension or better offer will be granted. The offer-signing deadline is separate from statutory filing limits. A release may affect further claims; minimum standards, enforceability and potential additional entitlements need individual assessment.
Can a pay cut or change of duties be constructive dismissal?
A substantial unilateral change to an essential term or serious employer conduct may raise that issue, but not every change qualifies. The contract, consent, conduct and your response matter. Get advice before resigning or accepting a change where possible; this general guide does not establish that you have been dismissed or are owed a particular payment.
Do federally regulated employees have different dismissal rights?
They may. The Canada Labour Code Part III unjust-dismissal route generally requires 12 consecutive months, excludes managers and collective-agreement-covered employees, and is subject to statutory exclusions including specified layoffs and alternative redress. The ordinary complaint period is 90 days. Reinstatement or compensation may be available, but neither is guaranteed. Federal public-service coverage differs, and reinstatement remedies also exist in some provincial routes.
Should I wait for severance or my ROE before applying for EI?
Service Canada says apply right away when work stops; supporting documents can follow, and waiting more than four weeks may lose benefits. Current temporary measures change treatment of specified separation earnings and waiting periods for the stated claim/allocation dates. Report payments accurately and check eligibility with Service Canada rather than assuming severance prevents an application or guarantees payment.
What does the C$295 employment-law consultation include?
The advertised C$295 is Legal Hotline’s matching and arrangement fee for an initial one-hour phone or video consultation with an independent Canadian lawyer, subject to suitability, acceptance and availability. There is no extra lawyer charge for that first hour. Further work and fees are separately agreed; the initial booking does not guarantee a severance result or include filing, negotiation or representation unless expressly agreed. The free phone line provides AI general information.
Sources and update record
Checked on 23 October 2026. Federal consolidations displayed current to 30 September 2026, BC to 13 October and Quebec to 12 August; Ontario current operative text and government guidance were checked. The examples do not cover every jurisdiction, exemption or procedural step. Government summaries and commercial terms serve different purposes. Individual deadlines, rights, available remedies and consultation scope require the actual documents.
- Canada Labour Code — coverage, unjust dismissal and complaint periods
- Federal workplace jurisdiction and provincial/territorial directory
- Federal Labour Program: filing a complaint
- CIRB: unjust dismissal
- Ontario Employment Standards Act 2000
- Ontario: termination of employment
- Ontario: statutory severance
- Ontario: filing an employment-standards claim
- Ontario: current minimum-wage rates
- Ontario Limitations Act 2002 — sections 4–5
- Ontario Human Rights Code — section 34
- BC Employment Standards Act — section 74
- BC: employment-standards complaints
- Quebec Act respecting labour standards — sections 124 and 128
- CNESST: dismissal without good and sufficient cause
- Canadian Human Rights Act — section 41
- Canadian Human Rights Commission: making a complaint
- Federal constructive-dismissal interpretation guide
- Service Canada: applying for EI
- Service Canada: temporary EI measures, 6 October 2026
- Justice Canada: common-law and civil-law systems
- Federal Labour Program contact information
- Ontario Human Rights Legal Support Centre: contact
- Legal Hotline Canada: lawyer arrangement model
- Legal Hotline Canada: customer terms
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.