Canadian Employment Law Glossary
53 terms with examples and jurisdiction-specific notes.
Accessibility
Legal requirements for employers to identify, remove, and prevent barriers for people with disabilities in employment and service delivery. Several provinces have enacted accessibility legislation with specific compliance standards.
Example
Under Ontario's AODA, organizations with 20 or more employees generally file accessibility compliance reports. Organizations with 50 or more employees have additional documented requirements, including a multi-year accessibility plan and a written process for individual accommodation plans. Other duties can apply at different thresholds.
Province-specific notes
Ontario (AODA), Manitoba (AMA), British Columbia (Accessible BC Act), Nova Scotia (Accessibility Act), Newfoundland and Labrador (Accessibility Act, 2021), Saskatchewan (Accessible Saskatchewan Act, 2023), and federal jurisdiction (Accessible Canada Act) all have accessibility-specific legislation.
Legislation: AODA (ON); Accessible Canada Act (federal)
Related terms: Duty to Accommodate · Protected Grounds
Adoption Leave
Job-protected leave connected with adoption where the applicable law provides it. Some jurisdictions use parental leave rather than a separate adoption-leave category. Leave from work is separate from benefit eligibility.
Example
A Saskatchewan primary caregiver checks the separate adoption-leave entitlement and the parental leave that may follow it.
Province-specific notes
Saskatchewan provides up to 19 weeks of adoption leave for the primary caregiver; up to 59 weeks of parental leave may follow. Notice, eligibility and timing conditions apply.
Official sources
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Related terms: Parental Leave · Employment Insurance
At-Will Employment
A United States employment concept under which either party may generally end employment without advance notice, subject to legal exceptions. It is not the governing Canadian termination model. In Canada, an employer can usually end non-union employment without alleging cause, but must meet applicable statutory, contractual and, where applicable, common-law or civil-law notice and pay obligations unless a valid no-notice exception applies.
Example
A Canadian employer may end a position without alleging misconduct, but must first determine the employee's minimum statutory entitlements and any additional contractual, common-law or civil-law obligations. A valid just-cause finding can change those obligations.
Related terms: Just Cause · Termination Without Cause · Reasonable Notice
Bereavement Leave
Job-protected leave granted to an employee following the death of a family member. The duration and whether the leave is paid or unpaid varies by province and by the employee's relationship to the deceased.
Example
In federal jurisdiction, employees are entitled to up to 10 days of bereavement leave (3 paid after 3 months of continuous employment, and 7 unpaid) for the death of an immediate family member — and up to 8 weeks for the death of a child. In Ontario, employees are entitled to up to 2 unpaid days.
Province-specific notes
Entitlements range widely. Federal: up to 10 days (3 paid after 3 months of service) for immediate family, or up to 8 weeks for the death of a child. Ontario: up to 2 unpaid days (available after 2 consecutive weeks of employment). British Columbia: up to 3 unpaid days per occurrence. Alberta: up to 3 unpaid days.
Legislation: Provincial Employment Standards Acts; Canada Labour Code, s. 210
Related terms: Compassionate Care Leave · Family Responsibility Leave
Canada Labour Code
Federal legislation covering industrial relations (Part I), occupational health and safety (Part II), labour standards (Part III), and administrative monetary penalties (Part IV). Each part has its own scope. Coverage by one part does not automatically mean coverage by every part; for example, federal public-service health and safety coverage does not make Part III the general public-service employment-standards law.
Example
An employee at a national bank is governed by the Canada Labour Code, not provincial employment standards. Their minimum wage, termination notice, and leave entitlements follow federal rules.
Legislation: Canada Labour Code, R.S.C. 1985, c. L-2
Official sources
Related terms: Employment Standards · Federally Regulated
Collective Agreement
A written contract negotiated between an employer and a certified trade union that sets out the terms and conditions of employment for unionized workers. Once in effect, the collective agreement governs the employment relationship and typically overrides individual employment contracts.
Example
A collective agreement in a municipal government specifies wage rates, shift schedules, grievance procedures, and seniority-based layoff rules. Individual employees cannot negotiate separate terms that conflict with the collective agreement.
Related terms: Unionization · Labour Relations
Compassionate Care Leave
Job-protected leave for employees who need to provide care or support to a gravely ill family member who is at significant risk of death. Available in most Canadian jurisdictions for up to 27–28 weeks depending on the province.
Example
An employee's parent is diagnosed with a terminal illness. The employee takes compassionate care leave to provide care. They may also be eligible for EI compassionate care benefits during this time.
Legislation: Provincial Employment Standards Acts; Canada Labour Code, s. 206.3
Related terms: Bereavement Leave · Critical Illness Leave · Family Responsibility Leave
Constructive Dismissal
Occurs when an employer makes a significant, unilateral change to a fundamental term or condition of an employee's employment without the employee's consent. The change must be substantial enough that the employee can treat the employment contract as having been breached and consider themselves dismissed.
Example
An employer reduces an employee's salary by 20% without agreement, or demotes an employee from VP to a junior role. The employee may resign and claim constructive dismissal.
Province-specific notes
Constructive dismissal principles apply across Canada, but the legal framework is not identical everywhere. Common-law principles generally apply outside Quebec; Quebec uses the Civil Code of Québec and employment legislation. Federally regulated employees may also have remedies under the Canada Labour Code.
Legislation: Common law; Civil Code of Québec; Canada Labour Code
Related terms: Wrongful Dismissal · Termination Without Cause
Domestic Violence Leave
Job-protected leave available to employees who are victims of domestic or interpersonal violence, or whose child is a victim. This leave allows employees to seek medical attention, legal assistance, counselling, or to relocate. Several provinces now include paid days within this leave entitlement.
Example
An employee experiencing domestic violence takes leave to attend court hearings, find new housing, and receive counselling. Depending on the province, some or all of those days may be paid.
Province-specific notes
Available in most provinces with varying entitlements. Federal: 10 days (5 paid) under the Canada Labour Code. Ontario: up to 10 individual days plus up to 15 weeks (first 5 days paid after 13 consecutive weeks of employment). Manitoba: up to 10 days (5 paid) plus up to 17 weeks. Saskatchewan: up to 10 days (5 paid). New Brunswick: up to 10 days (5 paid) plus up to 16 weeks.
Legislation: Provincial Employment Standards Acts; Canada Labour Code, s. 206.7
Related terms: Family Responsibility Leave · Sick Leave
Duty to Accommodate
An employer's obligation to address workplace barriers related to grounds protected by the applicable human rights law, up to undue hardship. Appropriate accommodation depends on individual needs and may involve changes to duties, schedules, equipment or rules. The employee's preferred solution is not automatically the only suitable solution.
Example
An employee with a back injury requests a standing desk and modified duties. The employer must accommodate this request unless it causes undue hardship — for example, if the accommodation would cost an amount that threatens the financial viability of the business.
Province-specific notes
The permitted undue-hardship factors depend on the law. Ontario considers cost, outside funding and health and safety requirements; ordinary inconvenience or customer preferences are not independent grounds for refusing accommodation.
Legislation: Provincial Human Rights Acts; Canadian Human Rights Act
Official sources
Related terms: Undue Hardship · Protected Grounds · Human Rights
Electronic Monitoring
The use of technology by employers to monitor employees' electronic activities, including email, internet usage, GPS tracking, and keystroke logging. Some jurisdictions require employers to have a written electronic monitoring policy and to notify employees of monitoring practices.
Example
An Ontario employer with 25+ employees must have a written electronic monitoring policy that describes how and under what circumstances electronic monitoring may be conducted, and must provide a copy to all employees.
Province-specific notes
Ontario employers with at least 25 Ontario employees on January 1 must have the required written policy in place before March 1 that year. The policy obligation does not itself authorize monitoring or create a general right not to be monitored. Applicable privacy and other legal duties still matter, including outside Ontario.
Legislation: Working for Workers Act, 2022 (ON)
Official sources
Related terms: PIPEDA · Privacy · Workplace Policy
Employment Contract
A legally binding agreement between an employer and employee that sets out the terms and conditions of employment, including compensation, duties, notice periods, and restrictive covenants. It can be written, oral, or implied. Contractual terms cannot provide less than the minimums set by employment standards legislation.
Example
A proposed contract specifies duties, pay and termination terms. If a termination clause conflicts with statutory minimums, paying only the statutory minimum may not cure the invalid clause; its enforceability and any additional notice obligations need assessment.
Related terms: Employment Standards · Termination Without Cause · Non-Competition
Employment Insurance (EI)
A federal program that provides temporary financial assistance to workers who have lost their job through no fault of their own, as well as benefits for maternity, parental, sickness, compassionate care, and family caregiver leave. Funded through premiums paid by both employers and employees.
Example
A laid-off employee applies to Service Canada, which determines eligibility, the benefit rate and the payable weeks. Temporary measures can change the usual waiting period and duration; the standard maximum must not be treated as a universal limit for every claim.
Legislation: Employment Insurance Act, S.C. 1996, c. 23
Official sources
Related terms: Pregnancy Leave · Parental Leave · Severance Pay
Employment Standards
The body of legislation in each Canadian province, territory, and federal jurisdiction that sets minimum standards for terms and conditions of employment. These include minimum wage, hours of work, overtime, vacation, statutory holidays, leaves of absence, termination notice, and severance pay.
Example
An employer covered by Ontario's Employment Standards Act must meet its applicable minimums. Federal jurisdiction and statutory exemptions must be checked before deciding which standards apply; a contract cannot simply waive applicable minimum rights.
Province-specific notes
Each jurisdiction has its own legislation: Ontario has the ESA, BC has the Employment Standards Act, Alberta has the Employment Standards Code, and federally regulated workplaces follow the Canada Labour Code, Part III.
Related terms: Minimum Wage · Overtime Pay · Vacation Pay
Family Responsibility Leave
Short-term, job-protected leave to attend to family-related responsibilities such as caring for a sick child or dealing with a family emergency. Most provinces provide a set number of unpaid days per year.
Example
An employee's child has a high fever and cannot attend daycare. The employee takes a family responsibility leave day to stay home and care for the child.
Province-specific notes
Available in most provinces. Ontario: up to 3 unpaid days/year (after 2 consecutive weeks of employment). BC: up to 5 unpaid days/year. Federal: up to 5 days per year (3 paid after 3 months of continuous employment, 2 unpaid).
Related terms: Sick Leave · Compassionate Care Leave
Federally Regulated
Workplaces governed by federal rather than provincial or territorial rules for a particular subject. Examples include banks, telecommunications and interprovincial transportation. Coverage differs between parts of the Canada Labour Code: the federal public service is covered by Part II occupational health and safety, but is not generally covered by Part III employment standards. An employer's activities—not simply its location or name—determine jurisdiction.
Example
A truck driver transporting goods between Ontario and Quebec is federally regulated and follows the Canada Labour Code rather than either province's employment standards.
Official sources
Related terms: Canada Labour Code · Employment Standards
Harassment
Engaging in a course of vexatious comment or conduct against a worker that is known or ought reasonably to be known to be unwelcome. Workplace harassment includes bullying, intimidation, and repeated offensive behaviour. It is distinct from sexual harassment, which involves conduct of a sexual nature.
Example
A supervisor repeatedly belittles an employee in front of coworkers, makes derogatory comments about their work, and deliberately excludes them from team meetings. This pattern constitutes workplace harassment.
Legislation: Ontario OHSA, s. 1(1); Canada Labour Code, Part II
Related terms: Sexual Harassment · Workplace Violence · Occupational Health and Safety
Holiday Pay
Pay arising from an eligible statutory or public holiday. Eligibility, the earnings included in the formula, the reference period and payment for working on the holiday vary by jurisdiction.
Example
Under Ontario's usual formula, $3,000 of regular wages plus $120 of applicable vacation pay for the four relevant work weeks gives $156 of public holiday pay: $3,120 divided by 20.
Province-specific notes
The Ontario example is not a Canada-wide formula and is not the complete calculation when someone works on the holiday. Check exceptions and any substitute-day arrangement.
Official sources
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Related terms: Statutory Holiday · Overtime Pay
Hours of Work
Rules governing working time, including ordinary hours, maximum hours, breaks and rest periods. An overtime threshold is not necessarily a maximum-hours limit. Coverage, exemptions, agreements and special schedules must be checked under the applicable law.
Example
In Ontario, overtime generally begins after 44 hours in a work week, while the weekly hours-of-work limit is generally 48. An electronic or written employee agreement is required to exceed that limit; the former Director-approval requirement was removed in 2019.
Province-specific notes
For example, Ontario's ordinary 44-hour weekly overtime threshold is distinct from its generally applicable 48-hour weekly working limit. Do not treat paying overtime as permission to ignore hours-of-work or rest requirements.
Official sources
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Related terms: Overtime Pay · Employment Standards
Joint Health and Safety Committee (JHSC)
A committee composed of both worker and management representatives that identifies workplace hazards, makes recommendations for improvements, and helps resolve health and safety concerns. Required in most jurisdictions when the workplace exceeds a threshold number of workers (often 20).
Example
At an Ontario workplace with 50 regularly employed workers, a required JHSC has at least four members, at least half of whom are workers without managerial functions. Committee meetings occur at least every three months. The designated worker member's inspection schedule is a separate requirement, generally monthly.
Province-specific notes
Ontario generally requires a JHSC at 20 regularly employed workers, with special rules for construction, designated substances and orders. B.C. generally requires a committee at a workplace with 20 or more workers employed for longer than a month. Federal workplaces under the employer's control generally require a committee at 20 employees, subject to Code exceptions, and meetings at least nine times per year. Never assume the same meeting frequency or threshold everywhere.
Legislation: Ontario OHSA, s. 9; Canada Labour Code, s. 135
Official sources
- Ontario: health and safety committees and representatives
- WorkSafeBC: joint health and safety committees
- Federal: workplace health and safety committees
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Related terms: Occupational Health and Safety · Health and Safety Representative
Just Cause
A legal standard that may allow an employer to end employment without common-law or contractual notice. It is fact-specific and generally requires misconduct or another employment breach serious enough, viewed in context, to make continued employment untenable. The separate statutory test for withholding minimum notice or pay may be worded differently in a particular jurisdiction.
Example
Suspected theft requires a fair investigation and a contextual assessment; the allegation alone does not establish cause. Even where common-law cause exists, the employer must separately check the applicable statutory notice and severance exceptions.
Province-specific notes
Cause is fact-specific and the employer bears the burden of proof. Progressive discipline is often relevant for repeated, correctable misconduct, but is not a universal prerequisite. Employers must also check the precise no-notice exception in the applicable employment-standards law; for example, Ontario's statutory exception uses a distinct wilful-misconduct standard.
Official sources
Related terms: Constructive Dismissal · Progressive Discipline · Termination Without Cause
Medical Information for Accommodation
Information reasonably needed to understand disability-related work restrictions and accommodation needs. An employer should not routinely demand an entire medical file or diagnosis as the starting point.
Example
An employer asks about lifting restrictions and the expected duration of those restrictions to assess modified duties.
Province-specific notes
Ontario guidance generally focuses on functional needs. More information may be justified where it clearly relates to the accommodation or the needs are complex or unclear; this is not an absolute ban on any diagnosis information. Request only what is necessary in the circumstances.
Official sources
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Related terms: Duty to Accommodate · Personal Information
Minimum Wage
The lowest hourly rate that an employer is legally permitted to pay an employee. Minimum wage rates are set by provincial and territorial governments, and the federal government sets a separate minimum for federally regulated industries. Rates are updated periodically — check official government sources for current rates.
Example
For an hourly employee covered by Canada Labour Code minimum-wage rules, compare the federal rate with the generally applicable rate in the province where the employee is usually employed. If that provincial rate is higher, the higher rate applies. Check special categories separately.
Province-specific notes
Each province or territory sets its own rate. Some jurisdictions prescribe different rates or compensation rules for specific categories, such as students, homeworkers, resident caretakers, live-in camp leaders, or employees who regularly receive tips. The federal minimum wage applies to federally regulated industries such as banking, telecommunications, and interprovincial transportation. Rates change periodically — always verify the current rate with the responsible government employment-standards authority.
Legislation: Provincial Employment Standards Acts; Canada Labour Code, s. 178
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Related terms: Employment Standards · Overtime Pay
Non-Competition Clause
A contractual restriction on competing with an employer after employment ends. Ontario's ESA generally prohibits entering into these agreements on or after October 25, 2021, with exceptions for defined executives and qualifying sale-of-business arrangements. Whether an agreement outside the prohibition is enforceable is a separate question.
Example
An Ontario employer considering a new restriction for a sales employee must check the prohibition rather than assume a short duration makes the restriction lawful.
Province-specific notes
The Ontario prohibition is not retroactive to agreements entered into before October 25, 2021. Neither an exception nor an older agreement guarantees enforceability. Non-solicitation and confidentiality clauses are different, although the actual wording matters. Other jurisdictions have different legal frameworks.
Legislation: Working for Workers Act, 2021 (ON); Common law
Official sources
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Related terms: Employment Contract · Non-Solicitation Clause
Non-Solicitation Clause
A contract term restricting active solicitation of specified customers, employees or other business relationships. It is different from a ban on working for a competitor; the actual wording and applicable law determine its effect.
Example
A proposed clause addresses contacting former clients to move their business, rather than prohibiting all work in the same industry.
Province-specific notes
Ontario distinguishes non-solicitation from its statutory non-compete prohibition. That distinction is not a guarantee that any particular clause is enforceable.
Official sources
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Related terms: Non-Competition Clause · Employment Contract
Occupational Health and Safety (OHS)
The body of law and practice concerned with the safety, health, and welfare of workers. Every Canadian jurisdiction has OHS legislation that establishes the rights and duties of employers, workers, and supervisors to maintain safe workplaces.
Example
An employer must conduct regular workplace inspections, provide safety training, and report serious injuries to the appropriate OHS authority (e.g., Ontario's Ministry of Labour or WorkSafeBC).
Province-specific notes
Each province has its own OHS act. Ontario has OHSA, BC has the Workers Compensation Act, Alberta has the OHS Act, and federal workplaces follow the Canada Labour Code, Part II.
Legislation: Provincial OHS Acts; Canada Labour Code, Part II
Related terms: Joint Health and Safety Committee · Right to Refuse · WHMIS
Overtime Pay
Additional compensation owed to employees who work beyond the standard hours of work established by employment standards legislation. The standard overtime rate in most Canadian jurisdictions is 1.5 times the employee's regular rate of pay.
Example
In Ontario, overtime applies after 44 hours in a work week. If an employee earns $20/hour and works 50 hours, they receive $20/hour for the first 44 hours and $30/hour (1.5×) for the remaining 6 hours.
Province-specific notes
The overtime threshold varies: Ontario is 44 hours/week, British Columbia is 8 hours/day or 40 hours/week, Alberta is 8 hours/day or 44 hours/week. Federal is 8 hours/day or 40 hours/week.
Legislation: Provincial Employment Standards Acts; Canada Labour Code, Part III
Related terms: Minimum Wage · Hours of Work · Employment Standards
Parental Leave
Unpaid, job-protected time away from work to care for a newborn or newly adopted child. Duration, service requirements, notice, timing and interaction with pregnancy or adoption leave depend on the applicable jurisdiction. It is separate from EI parental benefits.
Example
In Ontario, a parent who took pregnancy leave may take up to 61 weeks of parental leave. A parent who did not take pregnancy leave may take up to 63 weeks. Employment Insurance is a separate federal benefit: eligible parents can share up to 40 standard weeks (one parent cannot receive more than 35) or up to 69 extended weeks (one parent cannot receive more than 61).
Province-specific notes
Ontario generally provides up to 61 weeks after pregnancy leave or 63 weeks otherwise; BC provides up to 61 or 62 weeks respectively. Saskatchewan provides up to 59 weeks after maternity or adoption leave, or 71 weeks otherwise. Nova Scotia provides up to 61 weeks after pregnancy leave or 77 weeks without it. Federal parental leave is up to 63 weeks for one employee, with a combined 71-week limit when two employees covered by the Code share parental leave for the same child. Combined maternity/parental limits, eligibility and timing rules must also be checked. Job-protected leave and EI benefits are different entitlements.
Legislation: Provincial Employment Standards Acts; Canada Labour Code, s. 206.1
Official sources
Related terms: Pregnancy Leave · Employment Insurance · Adoption Leave
Pay Equity
The principle that employees performing work of equal value should receive equal pay, regardless of gender. Some jurisdictions have specific pay equity legislation requiring proactive pay equity plans, while others address it through general human rights prohibitions against sex-based wage discrimination.
Example
A hospital pays female administrative staff less than male maintenance staff for work of equal value (measured by skill, effort, responsibility, and working conditions). Under pay equity law, the employer must adjust the women's wages upward.
Province-specific notes
Ontario and federal jurisdiction have proactive pay equity legislation. Quebec has the Pay Equity Act. Most other provinces rely on human rights prohibitions.
Legislation: Pay Equity Act (ON); Pay Equity Act (federal)
Related terms: Pay Transparency · Protected Grounds · Employment Standards
Pay Transparency
Laws requiring employers to disclose salary ranges in job postings and/or prohibiting employers from asking candidates about their salary history. Aimed at reducing pay gaps, particularly gender and racial pay gaps.
Example
Under British Columbia's Pay Transparency Act, employers must include expected salary or wage information in publicly advertised job postings and cannot ask job applicants about their pay history.
Province-specific notes
Ontario's public job-posting requirements took effect January 1, 2026 and generally apply to employers with 25 or more employees in Ontario on the posting date, subject to the statutory scope and exceptions. BC job-posting and reporting duties have their own rules. Pay transparency is not the same as pay equity or employment-equity reporting.
Legislation: Pay Transparency Act (BC); Employment Equity Act (federal); Working for Workers Four Act, 2024 (ON)
Official sources
Related terms: Pay Equity · Protected Grounds
Personal Information
Information about an identifiable individual. Employee records can contain personal information even where they do not include the person's name, if the person can still be identified.
Example
An identifiable worker's medical restrictions, payroll details and performance notes require appropriate handling and access controls.
Province-specific notes
Which privacy law applies depends on the organization, activity and jurisdiction. PIPEDA does not automatically govern every provincially regulated employer's employee records.
Official sources
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Related terms: PIPEDA · Electronic Monitoring
Personal Leave (Federal)
A Canada Labour Code leave of up to five days per calendar year for specified personal responsibilities, including certain family health or care responsibilities, responsibilities related to a child's education, urgent matters and citizenship ceremonies. It is not the same as medical leave.
Example
An eligible employee uses a day for a qualifying urgent family matter and records it separately from vacation.
Province-specific notes
For employees covered by federal labour standards, the first three days are paid after three consecutive months of continuous employment. Provincial and territorial leave names and conditions differ.
Official sources
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Related terms: Family Responsibility Leave · Canada Labour Code · Sick Leave
PIPEDA
Personal Information Protection and Electronic Documents Act — Canada's federal private-sector privacy law. It applies to personal information handled in commercial activities and to employee personal information of federally regulated businesses. It also applies to personal information crossing provincial or national borders in commercial activity. Its application to ordinary employee records of a provincially regulated employer is not automatic.
Example
A federally regulated employer handling a background check must identify a lawful purpose, limit collection, use and retention, safeguard the information, and satisfy PIPEDA's consent rules and exceptions. A provincially regulated employer must first identify which provincial or sector-specific privacy rules apply.
Province-specific notes
Alberta, British Columbia and Quebec have private-sector privacy laws declared substantially similar to PIPEDA for many intra-provincial activities. PIPEDA can still apply to interprovincial or international commercial information flows and to federally regulated businesses. Sector-specific and public-sector laws may also apply.
Legislation: PIPEDA, S.C. 2000, c. 5
Related terms: Privacy · Personal Information
Pregnancy Leave (Maternity Leave)
Unpaid, job-protected leave available to a pregnant employee in connection with the birth of a child. The duration varies by province but is typically 15–19 weeks. Eligible employees may receive Employment Insurance (EI) maternity benefits during this period. This leave is separate from and in addition to parental leave.
Example
An Ontario employee is entitled to up to 17 weeks of pregnancy leave. The leave can start no earlier than 17 weeks before the expected due date and no later than the date of birth. During this time, the employee may apply for EI maternity benefits (up to 55% of insurable earnings, to a maximum).
Province-specific notes
Duration varies: Ontario provides 17 weeks, British Columbia 17 weeks, Alberta 16 weeks, Saskatchewan 19 weeks, and federal jurisdiction 17 weeks under the Canada Labour Code. Nova Scotia provides 16 weeks. Pregnancy leave is available only to the person who is pregnant — parental leave is a separate entitlement available to both parents.
Legislation: Provincial Employment Standards Acts; Canada Labour Code, s. 206
Related terms: Parental Leave · Employment Insurance
Probationary Period
An initial period of employment during which an employer evaluates a new employee's suitability for the role. During probation, the employer may have reduced termination obligations. However, the concept of probation has limited statutory recognition — most provinces still require minimum notice even during probation if the employee has served beyond 3 months.
Example
An employer hires an employee with a 6-month probationary period. If the employee is terminated at 4 months, the employer must still provide statutory minimum notice (typically 1 week) because the employee has passed the 3-month threshold in most provinces.
Province-specific notes
Ontario does not require notice for employees with less than 3 months of service. British Columbia: no notice required in the first 3 months. Federal: no minimum notice requirement during the first 3 months of continuous employment.
Related terms: Termination Without Cause · Employment Standards
Progressive Discipline
A system of increasingly serious penalties for repeated workplace infractions. Typically progresses from verbal warnings to written warnings, suspension, and ultimately termination. While not always legally required, it is considered best practice and strengthens an employer's position if they need to establish just cause.
Example
For repeated lateness, a manager first checks the facts and any accommodation needs, explains expectations and documents proportionate follow-up. A sequence of warnings does not automatically establish cause, and a suspension needs its own legal basis.
Related terms: Just Cause · Termination Without Cause
Protected Grounds
Characteristics specified in human rights legislation on which discrimination is prohibited. Common protected grounds across Canada include race, colour, ancestry, place of origin, religion, age, sex, sexual orientation, gender identity, disability, marital status, and family status. The specific list varies by jurisdiction.
Example
An employer who refuses to hire a qualified candidate because of their age (they are 60) has discriminated on the protected ground of age and is in violation of human rights legislation.
Province-specific notes
The protected grounds and the areas in which each ground applies vary by jurisdiction. For example, Ontario treats receipt of public assistance as a protected ground in housing, not employment, while other jurisdictions include grounds such as source of income, social condition, political belief or Indigenous identity. Check the current statute for both the ground and the activity involved.
Legislation: Provincial Human Rights Codes; Canadian Human Rights Act, s. 3
Related terms: Duty to Accommodate · Human Rights · Discrimination
Reasonable Notice
The period of notice that an employer must give an employee before terminating their employment without cause. The statutory minimum is set by employment standards legislation, but courts may award greater notice based on the Bardal factors: age, length of service, character of employment, and availability of similar employment.
Example
Two employees with the same service length can have different common-law notice entitlements. Age, role and the availability of comparable work can matter; years of service alone do not produce a reliable answer.
Legislation: Common law; Employment Standards Acts (provincial)
Related terms: Termination Without Cause · Bardal Factors · Severance Pay
Record of Employment (ROE)
A form that employers must issue to employees whenever an interruption of earnings occurs (e.g., layoff, termination, leave of absence). The ROE provides Service Canada with the information needed to process EI claims.
Example
When an employee goes on parental leave, the employer records Code P — Parental. Electronic ROE deadlines depend on the payroll cycle: for weekly, biweekly or semi-monthly payrolls, the deadline is generally five calendar days after the end of the pay period in which the interruption occurs; different timing applies to monthly and 13-pay-period cycles.
Legislation: Employment Insurance Act; Employment Insurance Regulations
Related terms: Employment Insurance · Termination Without Cause
Right to Refuse
A statutory process for refusing unsafe or dangerous work when the applicable legal test is met. The worker must follow the reporting and investigation process. Coverage, exceptions and limits differ by jurisdiction and role; some refusals are restricted where they would endanger another person. Protection against reprisal applies when the right is lawfully exercised.
Example
A construction worker notices the scaffolding has not been inspected and appears unstable. They refuse to climb it and report the hazard to their supervisor. The employer must investigate before requiring work to proceed.
Legislation: Provincial OHS Acts; Canada Labour Code, s. 128
Official sources
Related terms: Occupational Health and Safety · Joint Health and Safety Committee
Safety Data Sheet
A document describing a hazardous product's risks and safe handling, storage, emergency and protective measures. A safety data sheet complements the product label and workplace training; it does not replace them.
Example
Before using a solvent, a supervisor checks its safety data sheet for ventilation, protective equipment and spill-response information.
Province-specific notes
Federal supplier requirements and provincial, territorial or federal workplace duties must both be considered. Do not assume an old three-year expiry rule is the current federal supplier rule.
Official sources
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Related terms: WHMIS · Occupational Health and Safety
Severance Pay
A payment made to a terminated employee beyond the statutory notice period. In Ontario, severance pay is specifically mandated for employees with 5+ years of service at employers with a global payroll of $2.5 million or more (or where 50+ employees are severed within 6 months due to a permanent closure). Federal jurisdiction also provides severance. Most other provinces do not have a separate statutory severance entitlement.
Example
For an eligible Ontario employee with seven completed years and six completed months of employment, the service multiplier is 7.5 weeks, subject to the statutory calculation rules. This is separate from termination notice or pay.
Province-specific notes
Ontario includes completed years plus completed months divided by 12, to a maximum of 26 weeks. Notice periods can affect the service calculation. Federal statutory severance follows a different formula. The informal phrase 'severance package' can include other termination entitlements; it is not the same as Ontario statutory severance.
Legislation: Ontario ESA, Part XV; Canada Labour Code, s. 235
Official sources
Related terms: Termination Without Cause · Reasonable Notice
Sick Leave
Job-protected time off for employees who are unable to work due to personal illness, injury, or medical emergency. The number of days, whether they are paid or unpaid, and eligibility requirements vary by province.
Example
In British Columbia, employees are entitled to 5 paid sick days and 3 unpaid sick days per year. In Ontario, employees get 3 unpaid sick days per year.
Province-specific notes
Paid sick leave varies: BC provides 5 paid sick days per year (after 90 consecutive days of employment). Federal provides up to 10 paid medical leave days per year (accruing after 30 days of employment). Ontario provides 3 unpaid sick days per year. Alberta and several other provinces also provide only unpaid sick leave.
Legislation: Provincial Employment Standards Acts; Canada Labour Code, s. 239
Related terms: Family Responsibility Leave · Employment Standards
Statutory Holiday
A day designated by the applicable employment-standards legislation for special holiday entitlements. Eligibility, holiday-pay formulas and the result when an employee works vary by jurisdiction; the result may be premium pay, a substitute day, holiday pay, or a prescribed combination.
Example
For an eligible Ontario employee who works on a public holiday, the employer and employee may agree to regular wages for the hours worked plus a substitute holiday with public-holiday pay, or to public-holiday pay plus premium pay for the hours worked.
Province-specific notes
The holiday list and eligibility rules differ by jurisdiction and worker coverage. Manitoba's February general holiday is Louis Riel Day, not Family Day. A government-office closure or an optional employer holiday is not automatically a statutory employment-standards holiday.
Official sources
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Related terms: Holiday Pay · Employment Standards
Termination Without Cause
Ending employment without relying on employee misconduct as the reason. Notice or pay obligations may arise under legislation, an enforceable contract and applicable common law or civil law. Paying notice does not make a discriminatory dismissal, reprisal or dismissal contrary to other statutory protections lawful.
Example
A company restructures and eliminates a position. The employer provides the affected employee with 8 weeks of notice (or pay in lieu) as required by Ontario's Employment Standards Act for an employee with 8+ years of service.
Province-specific notes
Notice periods vary by province. Ontario requires up to 8 weeks (at 8+ years of service). British Columbia requires up to 8 weeks. Alberta requires up to 8 weeks (at 10+ years of service). Federal jurisdiction follows a different notice scale under the Canada Labour Code.
Related terms: Just Cause · Reasonable Notice · Severance Pay
Undue Hardship
The legal limit of the duty to accommodate. An employer needs evidence that accommodation would meet the applicable hardship test; inconvenience alone is not enough.
Example
Before refusing an equipment adjustment on cost grounds, an employer checks the actual cost and available funding rather than assuming it is unaffordable.
Province-specific notes
Ontario limits the assessment to cost, outside funding and health and safety. Do not assume the same list governs every jurisdiction.
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Related terms: Duty to Accommodate · Protected Grounds
Unionization
The process by which workers organize collectively and are certified by a labour relations board to be represented by a trade union for the purpose of collective bargaining. Once certified, the employer must bargain in good faith with the union.
Example
Employees at a warehouse sign union cards. When a majority support is demonstrated, the labour board certifies the union, and the employer must negotiate a collective agreement covering wages, hours, and working conditions.
Legislation: Provincial Labour Relations Acts; Canada Labour Code, Part I
Related terms: Collective Agreement · Labour Relations
Vacation Pay
Pay earned for vacation under the applicable employment-standards rules. The wage base, formula, service threshold and payment timing depend on jurisdiction and coverage. Vacation pay and vacation time are separate entitlements; their service thresholds do not always change together.
Example
A new employee in Ontario earning $50,000/year is entitled to at least 4% vacation pay ($2,000) corresponding to 2 weeks of vacation. After 5 years, this increases to 6% ($3,000) for 3 weeks.
Province-specific notes
Do not apply a single Canada-wide percentage. Saskatchewan uses 3/52 of the applicable wages initially and 4/52 after ten completed years. Nova Scotia increases vacation pay from 4% to 6% after seven completed years, while three weeks of vacation time begins after eight completed years. Confirm the wage base, exclusions and coverage with the relevant official source.
Legislation: Provincial Employment Standards Acts
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Related terms: Vacation Time · Employment Standards
Vacation Time
Time away from work for annual vacation. Vacation time and vacation pay are separate entitlements: paying a percentage on each paycheque does not, by itself, remove the obligation to provide time off.
Example
A payroll record shows vacation pay, while the leave calendar separately records the employee's vacation days.
Province-specific notes
Ontario generally provides two weeks after a completed vacation entitlement year for employees with less than five years of employment, and three weeks at five years or more. Other jurisdictions and greater contractual rights differ.
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Related terms: Vacation Pay · Employment Standards
WHMIS
Workplace Hazardous Materials Information System: Canada's system for communicating workplace hazardous-product risks through classification, labels, safety data sheets and worker education and training. Use the current amended Hazardous Products Regulations, not an old 'WHMIS 2015' label as evidence that a document is current. Product exclusions and workplace duties depend on the applicable rules.
Example
A cleaning company using industrial solvents must ensure all containers are labelled with WHMIS-compliant labels, maintain Safety Data Sheets for each product, and train workers on safe handling procedures.
Legislation: Hazardous Products Act; Hazardous Products Regulations; applicable workplace WHMIS rules
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Related terms: Occupational Health and Safety · Safety Data Sheet
Worker Classification
Determining whether a person is an employee or self-employed for the relevant legal purpose. A contract label is not decisive. The working relationship, control, tools, financial risk and opportunity for profit can matter.
Example
A business reviews a long-term contractor's actual work arrangements rather than relying only on invoices or the word 'contractor' in the agreement.
Province-specific notes
The CRA guide addresses CPP and EI classification and distinguishes Quebec's civil-law approach. Employment-standards and other legal tests must also be assessed; a tax conclusion is not a universal answer to every workplace-law question.
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Related terms: Employment Contract · Employment Standards
Workplace Violence
The exercise of physical force by a person against a worker in the workplace that causes or could cause physical injury, or an attempt or threat of such force. Most jurisdictions require employers to have workplace violence prevention policies and programs.
Example
A customer physically assaults a retail employee. The employer must report the incident, investigate, and review their workplace violence prevention program. If the risk of violence is ongoing, the employer must take additional precautions.
Legislation: Ontario OHSA, s. 1(1); Canada Labour Code, Part II
Related terms: Harassment · Occupational Health and Safety
Wrongful Dismissal
A claim by a terminated employee that their employer failed to provide adequate notice or pay in lieu of notice upon termination without cause. Wrongful dismissal is a breach of contract claim, distinct from a human rights complaint or unjust dismissal under the Canada Labour Code.
Example
An employee disputes whether a termination payment satisfies an enforceable contract and applicable notice obligations. The result requires the employment facts and legal framework, not an automatic months-per-year formula.
Related terms: Constructive Dismissal · Reasonable Notice · Just Cause