Home
Resources
Employer advice
- Probationary Periods in Canada: Employer Guide and FAQs
Probationary Periods in Canada: Employer Guide and FAQs
- Employer advice
Ed Matei, General Counsel
(Last updated )
Ed Matei, General Counsel
(Last updated )
Jump to section:
- Summary
- What is a probationary period in a job?
- Provincial Variations in Statutory Notice Exemption
- How long should a probationary employment period be?
- Can I fire someone who is in their probationary employment period?
- Can I extend a probationary employment period?
- How many times can I extend a probationary employment period?
- Can I withhold certain entitlements until employees have completed their probationary employment period?
- Can I reject a flexible working request after a probationary period?
- Do you need support with employee management?
Summary
Probationary periods in Canada allow employers to assess new employees' suitability, but there is no automatic or implied probationary period under law. It must be explicitly stated in a written employment contract signed before starting the employment relationship.
Most provinces exempt statutory notice/pay in lieu for terminations within the first 3 months (e.g., Ontario, Alberta and British Columbia), while others vary (
noreferrer noopener
_blank
29 days in Manitoba
, one day less than 13 consecutive weeks in Saskatchewan). Even during probation, terminations must be in good faith with a fair assessment; otherwise, common law reasonable notice may apply.
What is a probationary period in a job?
Probationary employment periods help employers gauge a new employee’s suitability for a job by evaluating performance over a fixed period. They also provide a structure to terminate someone who is unfit, provided the process is non-discriminatory, fair, and in good faith.
Provincial Variations in Statutory Notice Exemption
noreferrer noopener
_blank
Ontario
,
noreferrer noopener
_blank
British Columbia
, Newfoundland and Labrador, Nova Scotia,
noreferrer noopener
_blank
Federal
: Less than 3 months (no statutory notice/pay required if terminated within this period).
noreferrer noopener
_blank
Alberta
: 90 days or less.
Manitoba: Under 30 days.
noreferrer noopener
_blank
Saskatchewan
: Less than 13 weeks
New Brunswick,
noreferrer noopener
_blank
Prince Edward Island
,
noreferrer noopener
_blank
Yukon
: Less than 6 months
How long should a probationary employment period be?
Contractual probation periods are typically set at 3 months (or 90 days) to align with provincial employment standards. While you can contractually set a longer or shorter period, the 3-month mark is the critical legal threshold for termination notice entitlements.
Under applicable Employment Standards legislation, for example in jurisdictions like Ontario and B.C., employers may terminate an employee without statutory notice or pay in lieu during the first 3-months of service. To exercise this right, your employment contract must be written and enforceable, it should clearly define the duration and terms of probation. In addition to this, it must
explicitly limit
the employee’s termination rights to the statutory minimum of your specific jurisdiction.
Without a clear and valid written clause
, an employee may be entitled to much longer “common law” notice even if terminated within their first week of employment.
Once an employee has completed 3-consecutive months of service, statutory notice requirements automatically apply. Even if your contract establishes a longer 6-month “probation,” you are legally required to provide the minimum statutory notice (or pay in lieu) if you terminate the relationship after the 90-day mark.
Can I fire someone who is in their probationary employment period?
Yes. But, as with all terminations, you have to follow a fair procedure and act in good faith, providing feedback and a reasonable opportunity to improve. You might be able to speed up the normal disciplinary process and hold a probation review meeting instead of an investigation and disciplinary hearing.
Check your contracts for a probation provision or a short service clause to see if you can do this. Poorly handled terminations risk a wrongful termination claim.
Can I extend a probationary employment period?
Yes, but make sure there are reasonable grounds for this. For example, if the employee was off for a large part of their workplace probation period, or if you need more time to assess their skills and performance because they haven't met the required standards yet. It is best practice if a decision to extend a probationary period is a result of a properly documented performance improvement process; you may prevent employee defensiveness or surprise reactions if your decision has been the result of a previous process of trying to bring the employee’s performance to optimal standards. Employers must provide the appropriate minimum notice to an employee if they terminate an employee who is on an extended probation period. The right to extend must be in the original written employment contract.
How many times can I extend a probationary employment period?
There is no maximum number of times that a probation period can be extended. But this should be reasonable and there should be justifiable reasons for doing so. Once an employee reaches 3 months of continuous service, they will be entitled to employment standard termination notice, regardless of whether they are still in their probation period or not.
Can I withhold certain entitlements until employees have completed their probationary employment period?
Yes, you can withhold contractual entitlements like enhanced sick pay, company benefits, or bonuses until employees have passed their probation period, as long as they are given all statutory entitlements.
Can I reject a flexible working request after a probationary period?
Employers are not legally required to offer or accept flexible working requests from employees unless the employee has human rights-related accommodation needs, or the employee is under a return-to-work plan after a workplace injury/illness. (Note: Federally regulated employees have a formal right to request flexible arrangements under the Canada Labour Code.)
For this reason, employers should consider the request and assess the circumstances before rejecting it to ensure legal compliance. If the employer is unable to approve the flexible work request, they should speak with the employee to see if there are any other reasonable adjustments that can be made to the employee’s working conditions to correct the problem.
Do you need support with employee management?
Need help drafting enforceable probation clauses or managing terminations? Contact our
noreferrer noopener
_blank
HR experts
for tailored advice on Canadian employment standards. Call
noreferrer noopener
_blank
Peninsula
at
(1) 833-247-3652
for support today.
Related articles
- December 1st 2025Ontario Working for Workers Seven Act: Everything Employers Need to KnowEmployer adviceCharlie Herrera VacaflorSenior Legal Consultant
- November 28th 2025Supporting Employee Mental Health at Work: A Guide for Canadian EmployersEmployee wellbeingMichelle Ann ZoletaHealth & Safety Team Manager
- November 28th 2025Is Your Workplace Ready for an Ontario Ministry of Labour Inspection? Ministry of LabourMichelle Ann ZoletaHealth & Safety Team Manager
Back to resource hub