🇬🇧🇺🇸 CA · Employment Law · Updated 2026-06-27
What is a probation period in Canada?
Probation periods in Canada are typically 3 months under provincial employment standards acts — during this time, employers can dismiss without notice. After probation, full termination notice rights apply. Probation must be written into the contract to be effective.
Most provincial employment standards acts in Canada allow for a probationary period during which an employee can be dismissed without notice or pay in lieu. In Ontario, BC, and most other provinces, the statutory probation period is 3 months. In Alberta it is 90 days. During this period, the employer can dismiss the employee without providing notice, provided the dismissal is not for discriminatory reasons.
Probation does not negate an employee's rights against discriminatory dismissal — a probationary employee dismissed because of a protected ground (race, sex, disability, etc.) can still file a human rights complaint. Additionally, if probation is not clearly specified in the written employment contract, courts may not give effect to it.
After the probationary period, the employer must provide the statutory minimum notice (or pay in lieu) and, after 5 years in larger organisations, statutory severance pay. The probationary employee accumulates continuous service from day one — time in probation counts toward both the notice entitlement calculation and common law reasonable notice.
Severance pay estimator
Calculate →