Probationary periods are very common in Canada and most employers use them to protect themselves against bad hiring decisions. Despite their best efforts, employers can find that their new hires don’t live up to their expectations. Employees may feel the same after working with an employer for a short time.

Therefore, probation periods in Canada can help both sides make a final assessment before they fully commit to a long-term relationship. It’s a bit like moving in together before getting married, another common practice in Canada.

Here, we’re going to look at the regulations that define probation periods, see how they’re commonly used, and look at the benefits they can have for employers and their workers.

Definition of a Probation Period in Canada

In Canada, a probation period or “probationary period” means an initial period of time starting at the beginning of a new worker’s employment. This period is a time used by employers to observe and assess new hires in their positions to see if the skills and qualifications they claim are real and will lead them to success in their new jobs. Employees also take this time to adjust to their positions, learn their roles, and assess whether or not they think they’ll do well in them. They also evaluate whether the company culture and working conditions promised by the employer are accurate.

A probation period is also considered to be a time when employees can resign without notice, and employers can dismiss them without notice. However, the rules in Canada depend on the province or territory where the worker is situated.

Lengths of Probationary Periods in Canada

Probation periods in Canada vary in length and have no minimum requirement. Employers are free to use these tools or not and can agree with employees in their contracts on the lengths of their probation. However, the different provinces and territories in Canada have different maximum lengths allowed for probation, as follows:

Province/TerritoryProbation Period
Alberta90 days
British Columbia3 months
Manitoba3 months
New Brunswick6 months
Newfoundland and Labrador3 months
Nova Scotia3 months
Ontario3 months
Prince Edward Island6 months
Quebec3 months
Saskatchewan13 weeks
Northwest Territories90 days
Nunavut90 days
Yukon6 months

While these are the maximums allowed, the average probationary period in Canada is three months.

For federal workers, however, different rules apply. Their probation periods can be longer, according to this schedule:

Worker TypeProbation Period
Most workers12 months
Workers recruited for mandatory trainingUp to 12 months
Workers in apprentice or professional training programsUp to 12 months
Workers hired for scientific research24 months
Workers in University Teaching Group positions36 months

Legal Considerations of Probation Periods in Canada

Many employers are under the impression that there are no regulations they must follow or restrictions to adhere to during probation periods for their Canadian workers. However, the Canada Labour Code (CLC) still applies to all employment in the country and requires employers to act in good faith when enacting these test periods. 

Pay and Working Conditions

Canadian employees are protected by minimum wage laws in each province and territory of the country and must be paid at least this amount during probation. Employers cannot pay workers less than their contractually promised wages during this time.

They also cannot require workers to exceed normally mandated working hours. Canadians work between 37.5 and 40 hours per week, and even with overtime, they may not work more than 12 hours in a day, whether on probation or not.

Termination and Notice

During probationary periods, Canadian workers can be terminated without notice or pay in lieu of notice. However, their employers are required to act in good faith. This includes giving them a fair chance to prove their abilities by assigning them relevant projects. Employers are also required to evaluate employees during this time on their work performance, attendance, teamwork, and other relevant factors. Employees must also be told at the outset how their performance will be evaluated. If all of these conditions are met, however, they can legally be terminated without notice.

Employees can also resign without notice during or at the end of their probation periods. If probation periods are not used, employers and employees must give two weeks’ notice if the employee has worked for at least three months. Some provinces require shorter notice periods for shorter work durations. Federal workers on probation must be given notice that varies from two weeks to one month. 

Vacation / Holidays

Canadians are entitled to 12 federal public holidays per year regardless of whether they are on probation or not. Some provinces provide more holidays, which are also given to all employees.

According to the CLC, all Canadian employees are entitled to at least two weeks of paid vacation each year. However, this entitlement comes only after they have completed one full year of work for their employers. Therefore, probationary workers are not eligible for annual leave in Canada.

Benefits of Probation Periods in Canada

While probationary periods are generally thought of as protecting employers, they can be beneficial for employees as well. Some of the advantages of using them include:

  • For Employees

Chance to try new positions before committing to them long-term

Receive extra attention and training from the employer during these periods

Ability to resign without giving notice

  • For Employers

Ability to dismiss workers without notice if their performance is unsatisfactory

Encourage workers to quickly adapt to new teams and company culture

Frequently Asked Questions

For most workers, no. Employers can choose whether they’d like to use probation periods to help assess new hires. However, most federal employees are required to undergo probationary periods.

During normal working periods, no. They must be able to justify and prove their reasons for terminating workers. During probation, employers still need to be able to prove they haven’t dismissed workers for personal or discriminatory reasons but only because of unsatisfactory work.

It varies by province from 90 days to six months, though three months is most common.