Termination pay vs severance pay (2026): what the two words actually mean

Termination pay is the money that replaces the written notice your employer did not give you. Severance pay, in the statutory sense, is a separate amount paid on top of that for the years you put in, and only two of Canada's fourteen employment standards statutes have one: Ontario's ESA and the Canada Labour Code. In the other twelve jurisdictions there is a single entitlement, and everything people locally call "severance" is termination pay under another name. The severance package your employer offers is a third thing again: an offer, not a statutory amount. This page is part of the severance pay hub.

Updated · Figures verified against the statutes of each jurisdiction · see all figures and their sources

Five things people mean by "severance"

Almost every argument about severance is really two people using one word for different things. Here are the five, in the order they arise when a job ends.

  1. Notice of termination. Written notice that your job will end on a date, given in advance. You keep working and keep being paid through it. Every jurisdiction requires it once you have the qualifying service.
  2. Termination pay, also called pay in lieu of notice. The employer skips some or all of the notice and pays the wages for that period instead. This is what the great majority of Canadians actually receive, and it is what most people are describing when they say "my severance".
  3. Statutory severance pay. A separate entitlement based on your years of service, paid on top of the notice or the pay in lieu. Ontario (ESA s. 64) and the federal jurisdiction (CLC s. 235) have it; nowhere else does.
  4. The severance package. Whatever your employer puts in front of you, usually a lump sum or salary continuance in exchange for a signed release. It has no statutory definition. It can be worth more than the floor or less.
  5. Common law reasonable notice. What a court outside Quebec may award when a dismissed employee sues, on facts a schedule cannot see. This site does not calculate it and publishes no amounts for it.

Items one to three are what the calculator on each jurisdiction page works out. Item four is what you compare the result against. Item five is what an employment lawyer is for.

Which jurisdictions have a separate severance pay

Statutory severance pay across Canada in 2026
JurisdictionStatutory severanceMain condition
Ontario1 week per year of service, up to 26 weeksYou are owed severance pay if the employer severed the employment relationship, you had been employed there five years or more, and either the employer's payroll is $2.5 million or more, or the severance was caused by a permanent discontinuance of all or part of the business at an establishment and you are one of 50 or more employees whose employment was severed within six months as a result.
British ColumbiaNoneWhat is called severance here is termination pay.
AlbertaNoneWhat is called severance here is termination pay.
QuebecNoneWhat is called severance here is termination pay.
ManitobaNoneWhat is called severance here is termination pay.
SaskatchewanNoneWhat is called severance here is termination pay.
Nova ScotiaNoneWhat is called severance here is termination pay.
New BrunswickNoneWhat is called severance here is termination pay.
Newfoundland and LabradorNoneWhat is called severance here is termination pay.
Prince Edward IslandNoneWhat is called severance here is termination pay.
YukonNoneWhat is called severance here is termination pay.
Northwest TerritoriesNoneWhat is called severance here is termination pay.
NunavutNoneWhat is called severance here is termination pay.
Federally regulated workplaces2 days per year of service, up to NoneYou are owed severance pay if your employer ends your employment and you have completed twelve consecutive months of continuous employment. The only exception in the section is a dismissal for just cause. A lay-off counts as a termination for this purpose unless the regulation says otherwise.

Ontario: two entitlements, two tests

Ontario is the jurisdiction where getting this right changes the number. Termination pay under ESA s. 61 is the wages you would have earned during the notice period the schedule gives you, paid as a lump sum, with benefit contributions kept up through that period. Severance pay under sections 64 and 65 is an entirely separate calculation with its own two-part test: 5 years of employment, and an employer with a payroll of $2,500,000.00 or more or a permanent shutdown that severed 50 employees or more.

Statutory severance pay in Ontario: conditions and formula
ItemRuleSection
Separate statutory severance payYesESA s. 64
Who qualifiesYou are owed severance pay if the employer severed the employment relationship, you had been employed there five years or more, and either the employer's payroll is $2.5 million or more, or the severance was caused by a permanent discontinuance of all or part of the business at an establishment and you are one of 50 or more employees whose employment was severed within six months as a result.ESA s. 64
Minimum service5 yearsESA s. 64
Employer payroll threshold$2,500,000.00ESA s. 64
Mass termination threshold50 employeesESA s. 64
How it is worked outTake your regular wages for a regular work week and multiply them by your completed years of employment plus any leftover completed months divided by 12. Partial years do count, unlike notice. The result is capped at 26 weeks of regular wages.ESA s. 65
Per year of service1 weekESA s. 65
Minimum payableNoneESA s. 65
Maximum payable26 weeksESA s. 65

Two differences are worth memorizing. Notice is banded and ignores your leftover months; severance counts them as twelfths of a year. Notice tops out at 8 weeks; severance runs to 26 weeks. For a long-service employee of a large Ontario employer, the severance line is the bigger one, and an offer that quietly covers only the notice is short.

Federally regulated jobs: the same structure, different arithmetic

If your employer is a bank, an airline, a railway, an interprovincial trucking company, a telecom or broadcaster, a port, or most Crown corporations, the Canada Labour Code applies wherever in Canada you work. It has the same two layers, notice under CLC s. 230 and severance under CLC s. 235, but the severance side is measured in days rather than weeks and has no employer-size test at all.

Statutory severance pay in Federally regulated workplaces: conditions and formula
ItemRuleSection
Separate statutory severance payYesCLC s. 235
Who qualifiesYou are owed severance pay if your employer ends your employment and you have completed twelve consecutive months of continuous employment. The only exception in the section is a dismissal for just cause. A lay-off counts as a termination for this purpose unless the regulation says otherwise.CLC s. 235
Minimum service12 monthsCLC s. 235
How it is worked outSeverance pay is the greater of two amounts: two days' wages at your regular rate for your regular hours for each completed year of continuous employment, and five days' wages at that same rate. Only whole completed years count, so the five-day floor is what you get from twelve months right up until you complete three years; from three completed years on, the two-days-a-year figure is the larger one.CLC s. 235
Per year of service2 daysCLC s. 235
Minimum payable5 daysCLC s. 235
Maximum payableNoneCLC s. 235

So a federally regulated employee with modest service gets severance where an Ontario employee with the same service gets none, and a very long-service federal employee keeps accruing where the Ontario calculation has stopped at its ceiling.

What the other twelve statutes actually call it

Everywhere else the Act provides one thing, and each legislature named it differently. The vocabulary is worth knowing because it tells you what to search for in your own statute.

None of that is a smaller entitlement because of the name. It simply means that in those twelve jurisdictions there is no second, service-based amount to ask for, and a calculation that shows a severance line of zero there is correct rather than broken.

A worked example: where the two lines separate

Alex earns $1,250 for a regular work week and completes six years before the job ends with no working notice. The employer's Ontario payroll is comfortably over the threshold.

At this length of service the two happen to be the same size, which makes the point cleanly: an employer who pays the notice line, calls it severance and stops has paid about half the statutory floor. Move Alex to Alberta with the same pay and the same six years, and the floor is $6,250.00 of termination pay with no severance line at all, because Alberta's Code has only the one entitlement. The wage and the dates are invented; every week comes from the section named in the tables.

How the calculator labels each line

The tool on every jurisdiction page uses the statutory vocabulary rather than the workplace vocabulary, so you can match its lines to your own statement.

Under those lines it repeats one sentence that matters more than any of them: these are the statutory minimums, and a lawyer may recover more under the common law or your contract. Every tool on the site is listed in calculators.

What Employment Insurance does with each of them

Employment Insurance does not care which name your employer used. Severance pay, termination pay, pay in lieu, a retiring allowance and the vacation pay paid out on your last cheque are all "separation money", and under the permanent rule they are allocated to the weeks after your last day, delaying the start of benefits without reducing the number of weeks you get. Right now a temporary measure switches that treatment off, and it has an end date on it.

The full picture, including what happens when the measure lapses, is in severance pay and EI.

Frequently asked questions

My offer letter just says "severance". Which of the five is it?

Usually the package: an offer covering the statutory minimum and, often, something above it in exchange for a release. Ask for the breakdown in writing. In Ontario and federally regulated jobs the statement should show the termination pay and the statutory severance as separate lines, because they come from different sections; if it shows one number, work the floor out yourself before you sign anything.

Is severance pay owed on top of the notice I already worked?

In Ontario and federally regulated jobs, yes. Serving out your notice satisfies the notice obligation and has no effect on the severance calculation, which is based on your years of service. In the other twelve jurisdictions working the full notice period is the whole entitlement, and no further amount falls due.

What if my employer says I was fired for cause?

Each statute sets its own standard, and it is a higher bar than a bad performance review. Where the standard is met, notice and termination pay are lost; in Ontario the same regulation separately removes severance pay, and federally just cause is the only exception written into the severance section. What survives an allegation of cause, including your accrued vacation pay, is set out in fired for cause: what you are still owed.

Does the province I live in decide, or the province I work in?

The work, not the address, and then only if the employer is not federally regulated. Employment standards follow where the work is done, with each Act writing its own reach; Ontario's, for instance, extends to work done partly outside the province as a continuation of work done in it. If the employer is in a federally regulated industry, the Canada Labour Code applies instead, everywhere in the country.

Twelve jurisdictions with no severance pay sounds wrong. Is that really the law?

It is. Every figure on this site is read from the official version of the Act and carries the section it comes from; you can check each one in official figures. What varies between those twelve is not whether severance exists but how generous the notice ladder is, and those ladders differ a great deal. Yours is on your jurisdiction's page under severance and termination pay.

Sources

These are the statutes and regulations every figure on this page comes from, with the sections cited. Each one was read in its official consolidation.

You can see every figure on the site, with its validity and its verification status, in official figures.