Changes to minimum notice of termination

At a glance

• Amendments to the provisions governing minimum notice of termination, under the Canada Labour Code, are due to take effect on 1 February 2024.

Section 230 of the Labour Code is to be revised under the new amendments, so that employees who have completed at least three years of continuous service will be given a longer notice period when terminated without cause. This may be up to a maximum of eight weeks’ notice or pay in lieu of notice which is based on the length of the employee’s continuous employment:

• Three months continuous service – two week notice period;
• Three years continuous service – three week notice period;
• Four years continuous service – four week notice period;
• Five years continuous service – five week notice period;
• Six years continuous service – six week notice period;
• Seven years continuous service – seven week notice period; and
• Eight or more years continuous service – eight week notice period.

On termination, employees must also be given a written statement setting out the employee’s vacation benefits, wages, severance pay and other benefits arising from their employment.

If pay in lieu of notice is given, the statement of benefits must be delivered to the employee no later than the date of their termination. When an employee receives the notice, the statement should be delivered within two weeks of the termination.