PART III — Standard Hours, Wages, Vacations and Holidays

DIVISION X — Individual Terminations of Employment

229.1Application history

This Division does not apply to an employee whose termination of employment is by way of dismissal for just cause.

2018, c. 27, s. 483

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230Employer’s duty history

(1)

An employer who terminates the employment of an employee must give the employee

(a)

notice in writing of the employer’s intention to terminate their employment on a date specified in the notice, at least the applicable number of weeks set out in subsection (1.1) before that date;

(b)

wages in lieu of notice, at their regular rate of wages for their regular hours of work, for at least the applicable number of weeks set out in subsection (1.1); or

(c)

any combination of notice and amounts of wages in lieu of notice so that the total of the number of weeks of notice in writing and the number of weeks for which wages are paid in lieu of notice is equivalent to at least the applicable number of weeks set out in subsection (1.1).

Clarification

(1.01)

The employer’s obligation to give and the employee’s right to receive notice or wages in lieu of notice under subsection (1) apply whether or not the employee has a right to avail themselves of any procedure for redress under this Part, including under subsection 240(1), with respect to the termination of their employment.

Notice period

(1.1)

The applicable number of weeks for the purposes of subsections (1) and (2) is

(a)

two weeks, if the employee has completed at least three consecutive months of continuous employment with the employer;

(b)

three weeks, if the employee has completed at least three consecutive years of continuous employment with the employer;

(c)

four weeks, if the employee has completed at least four consecutive years of continuous employment with the employer;

(d)

five weeks, if the employee has completed at least five consecutive years of continuous employment with the employer;

(e)

six weeks, if the employee has completed at least six consecutive years of continuous employment with the employer;

(f)

seven weeks, if the employee has completed at least seven consecutive years of continuous employment with the employer; and

(g)

eight weeks, if the employee has completed at least eight consecutive years of continuous employment with the employer.

Notice to trade union

(2)

If an employer is bound by a collective agreement that contains a provision authorizing an employee whose position becomes redundant to displace another employee on the basis of seniority, and the position of an employee who is so authorized becomes redundant, the employer must give at least the applicable number of weeks’ notice set out in subsection (1.1) in writing to the trade union that is a party to the collective agreement and to the employee that the employee’s position has become redundant.

Rights of displaced employee

(2.1)

For greater certainty, any employee who is displaced and whose employment is terminated is entitled to and shall be given notice or wages in lieu of notice under subsection (1).

Statement of benefits

(2.2)

An employer must give any employee whose employment is terminated a statement in writing that sets out their vacation benefits, wages, severance pay and any other benefits and pay arising from their employment with the employer as at the date of the statement. The statement must be given to the employee

(a)

in the case of an employee who receives notice under paragraph (1)(a), as soon as possible, but not later than two weeks before the date of the termination of their employment;

(b)

in the case of an employee who receives wages in lieu of notice under paragraph (1)(b), not later than the date of the termination of their employment; and

(c)

in the case of an employee who receives a combination of notice and wages in lieu of notice under paragraph (1)(c), as soon as possible, but not later than two weeks before the date of the termination of their employment unless the period of notice is shorter, in which case, the day on which notice is given to the employee of the date of the termination of their employment.

Where employer deemed to terminate employment

(3)

Except where otherwise prescribed by regulation, an employer shall, for the purposes of this Division, be deemed to have terminated the employment of an employee when the employer lays off that employee.

R.S., 1985, c. L-2, s. 230; 2018, c. 27, s. 485; 2024, c. 17, s. 249

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231Conditions of employment history

Where notice is given by an employer pursuant to subsection 230(1), the employer

(a)

shall not thereafter reduce the rate of wages or alter any other term or condition of employment of the employee to whom the notice was given except with the written consent of the employee; and

(b)

shall, between the time when the notice is given and the date specified therein, pay to the employee his regular rate of wages for his regular hours of work.

R.S., c. 17(2nd Supp.), s. 16

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232Expiration of notice history

Where an employee to whom notice is given by his employer pursuant to subsection 230(1) continues to be employed by the employer for more than two weeks after the date specified in the notice, his employment shall not, except with the written consent of the employee, be terminated except by way of dismissal for just cause unless the employer again complies with subsection 230(1) in respect of the employee.

R.S., c. 17(2nd Supp.), s. 16

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233Regulations history

The Governor in Council may make regulations

(a)

prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of his employment by his employer; and

(b)

[Repealed, R.S., 1985, c. 9 (1st Supp.), s. 11]

(c)

defining for the purposes of this Division the absences from employment that shall be deemed not to have interrupted continuity of employment and the expression “regular hours of work”.

R.S., 1985, c. L-2, s. 233; R.S., 1985, c. 9 (1st Supp.), s. 11

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234Application of section 189 history

Section 189 applies for the purposes of this Division.

R.S., c. 17(2nd Supp.), s. 16

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