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.
- 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.
- 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".
- 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.
- 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.
- 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
| Jurisdiction | Statutory severance | Main condition |
|---|---|---|
| Ontario | 1 week per year of service, up to 26 weeks | You 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 Columbia | None | What is called severance here is termination pay. |
| Alberta | None | What is called severance here is termination pay. |
| Quebec | None | What is called severance here is termination pay. |
| Manitoba | None | What is called severance here is termination pay. |
| Saskatchewan | None | What is called severance here is termination pay. |
| Nova Scotia | None | What is called severance here is termination pay. |
| New Brunswick | None | What is called severance here is termination pay. |
| Newfoundland and Labrador | None | What is called severance here is termination pay. |
| Prince Edward Island | None | What is called severance here is termination pay. |
| Yukon | None | What is called severance here is termination pay. |
| Northwest Territories | None | What is called severance here is termination pay. |
| Nunavut | None | What is called severance here is termination pay. |
| Federally regulated workplaces | 2 days per year of service, up to None | You 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.
| Item | Rule | Section |
|---|---|---|
| Separate statutory severance pay | Yes | ESA s. 64 |
| Who qualifies | You 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 service | 5 years | ESA s. 64 |
| Employer payroll threshold | $2,500,000.00 | ESA s. 64 |
| Mass termination threshold | 50 employees | ESA s. 64 |
| How it is worked out | Take 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 service | 1 week | ESA s. 65 |
| Minimum payable | None | ESA s. 65 |
| Maximum payable | 26 weeks | ESA 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.
| Item | Rule | Section |
|---|---|---|
| Separate statutory severance pay | Yes | CLC s. 235 |
| Who qualifies | You 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 service | 12 months | CLC s. 235 |
| How it is worked out | Severance 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 service | 2 days | CLC s. 235 |
| Minimum payable | 5 days | CLC s. 235 |
| Maximum payable | None | CLC 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.
- British Columbia calls it compensation for length of service, and it is the default rather than the exception: the employer owes it on the day the job ends unless it gave the notice instead (BC ESA s. 63).
- Quebec calls it a compensatory indemnity, equal to your regular wage, overtime excluded, for the notice weeks that were not given (LSA s. 83).
- Manitoba calls it wages in lieu of notice, and it is owed even if you have already found another job (ESC s. 77).
- Saskatchewan calls it pay instead of notice, and it is the greater of what you earned in the period and your normal wages for it (SEA s. 2-61).
- Alberta, Nova Scotia, New Brunswick, Newfoundland and Labrador, Prince Edward Island, Yukon, the Northwest Territories and Nunavut all use termination pay or pay in lieu of notice, with their own wording for how the weekly amount is worked out.
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.
- Termination pay covers the notice that was not given: 6 weeks at $7,500.00.
- Statutory severance pay covers the years: $7,500.00.
- Both are owed, so the two together come to $15,000.00, before the accrued vacation pay is added.
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.
- Notice owed, in weeks, from your Act's schedule, with any written working notice you actually received subtracted.
- Pay in lieu of notice, in dollars, for the weeks of notice you did not get.
- Statutory severance, in dollars, with the qualifying test spelled out. In twelve jurisdictions this line is zero and says so.
- Vacation pay owed, in dollars, on the wages that have not yet had vacation pay paid on them.
- Total statutory minimum, and the deadline by which your final pay must arrive.
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.
- Alberta Employment Standards CodeAlberta King's Printer · s. 56 · consulted on 2026-09-06
- BC Employment Standards ActKing's Printer for British Columbia (BC Laws) · s. 63 · consulted on 2026-09-06
- Canada Labour CodeDepartment of Justice Canada (Justice Laws Website) · s. 235 · consulted on 2026-09-06
- EI RegulationsDepartment of Justice Canada (Justice Laws Website) · ss. 77.995, 77.996, 77.997, 77.999 · consulted on 2026-09-06
- Manitoba Employment Standards CodeKing's Printer of Manitoba (Manitoba Laws) · consulted on 2026-09-06
- New Brunswick Employment Standards ActGovernment of New Brunswick (New Brunswick Acts and Regulations) · consulted on 2026-09-06
- NL Labour Standards ActKing's Printer, Newfoundland and Labrador (House of Assembly) · consulted on 2026-09-06
- Nova Scotia Labour Standards CodeNova Scotia Office of the Legislative Counsel · consulted on 2026-09-06
- Nunavut Labour Standards ActTerritorial Printer, Legislation Division, Department of Justice, Government of Nunavut · consulted on 2026-09-06
- NWT Employment Standards ActLegislation Division, Department of Justice, Government of the Northwest Territories · consulted on 2026-09-06
- Ontario ESA, 2000Legislative Assembly of Ontario (e-Laws) · ss. 57, 64, 65 · consulted on 2026-09-06
- PEI Employment Standards ActKing's Printer, Prince Edward Island (Legislative Assembly of Prince Edward Island) · consulted on 2026-09-06
- Quebec Labour Standards ActQuébec Official Publisher (LégisQuébec) · s. 83 · consulted on 2026-09-06
- Saskatchewan Employment ActOffice of the King's Printer of Saskatchewan · consulted on 2026-09-06
- Yukon Employment Standards ActYukon Legislative Counsel Office (consolidated statutes of Yukon) · consulted on 2026-09-06
You can see every figure on the site, with its validity and its verification status, in official figures.