A probation period in Canada is a trial period at the start of a job that allows an employer to assess whether a new employee is suitable for the position.
There is no single automatic probation period that applies to every employee across Canada. Whether you are on probation depends on your employment contract and the employment law that applies where you work.
Most importantly, probation does not mean you have no rights. If you are fired during probation, don’t accept “you’re owed nothing” without checking the contract and your legal entitlements.
On This Page:
- 1. What a Probation Period Means
- 2. How Long Probation Lasts
- 3. Fired During Probation
- 4. Severance During Probation
- 5. Your Rights While on Probation
- 6. Probation Rules Across Canada
What Is a Probation Period?
A probation period gives an employer a set amount of time to assess a new employee’s suitability for continued employment.
During probation, the employer can look at factors such as:
- Your ability to perform the job
- Your reliability and attendance
- How you work with colleagues and managers
- Whether you meet reasonable workplace expectations
- Your overall suitability for the position
Probation is usually created through an employment contract. Starting a new job does not automatically mean that every right you would normally have disappears for the first three months.
Does every job have a probation period?
No. There is no Canada-wide rule that automatically puts every new employee on probation.
Check the agreement you signed when you accepted the job. If your employer wants to rely on a probation clause to limit your termination rights, the wording of that clause matters.
If you’re unsure what the agreement does, our guide to employment contract review explains the clauses employees should look at before and after signing.
How Long Is a Probation Period in Canada?
Three months or 90 days is common, but there is no single probation length that applies across Canada.
A contract can sometimes set a longer period, such as six months. But extending probation does not automatically remove minimum termination rights that begin after a certain length of employment.
For example, minimum termination rights begin after:
- Ontario: Three months of continuous employment
- Alberta: More than 90 days of employment
- British Columbia: More than three consecutive months of employment
These are minimum employment standards thresholds. They are not the same thing as saying the law automatically creates a probation period.
Can probation last six months?
Yes, a contract can sometimes provide for a probation period longer than three months.
But the employer can’t use a longer probation period to take away minimum termination rights that the law has already given you.
If your contract says you are on probation for six months, don’t assume your employer can fire you at month five with no notice or compensation.
Can your employer extend your probation?
Your employer cannot simply use an extension to erase termination rights you have already earned.
Whether the probation period itself can be extended depends on your agreement and what you accept. If your employer asks you to sign an extension or new contract, review it before agreeing.
Can You Be Fired During Probation?
Yes. An employer can terminate a probationary employee if it decides the employee is not suitable for continued employment, subject to the contract and the law that applies.
Probation gives an employer more flexibility to assess a new employee. It does not give the employer permission to ignore employment standards, human rights law or the terms of the employment contract.
Being told you “failed probation” also does not necessarily mean you were fired for misconduct or just cause. An employer can decide that a probationary employee is simply not the right fit.
Does your employer have to warn you before firing you?
There is no Canada-wide rule requiring a specific number of warnings before a probationary employee can be terminated.
The important questions are whether a valid probation arrangement applies, whether the employer complied with it and whether the termination violated another legal right.
Can you be fired during probation for any reason?
No. Probation does not allow an employer to fire you for an illegal reason.
Your employer can’t use probation to justify discrimination based on disability, pregnancy, race, religion, sex, age or another characteristic protected by the human rights law that applies to you.
It also can’t ignore a legitimate duty to accommodate simply because you are a new employee.
Are You Owed Severance If You Are Fired During Probation?
You can be. Being fired during probation does not automatically mean you are owed no severance.
Your entitlement can depend on:
- Whether your contract contains a valid probation clause
- What the probation clause actually says
- How long you worked for the employer
- Whether minimum employment standards apply
- Whether the employer properly relied on the probation clause
What if there is no valid probation clause?
If your employer can’t rely on a valid probation clause, ordinary termination rules can apply even if you worked there for only a short time.
Short-service employees can still have common-law severance rights. Length of service is only one factor used to calculate reasonable notice.
If you are terminated, don’t sign a release before having your full severance package reviewed—you may be owed as much as 24 months’ pay.
What if probation has already ended?
Your employer can’t rely on an expired probation period to deny your normal termination rights.
If your probation ended and you continued working, a later termination must be assessed under the termination rules that then apply to you.
If you are fired without receiving proper compensation, you can have a wrongful dismissal claim.
What Rights Do You Have During Probation?
Probationary employees still have workplace rights.
Being on probation does not normally allow an employer to ignore:
- Minimum wage rules
- Overtime requirements that apply to your position
- Vacation pay
- Human rights protections
- Workplace health and safety rights
- Applicable protected leave rights
- Minimum termination rights once you meet the required service threshold
Do disability and accommodation rights apply during probation?
Yes. Disability and human rights protections apply during probation.
If a disability affects your attendance or ability to perform part of the job, your employer must deal with its accommodation obligations rather than simply treating the disability itself as proof that you are unsuitable.
If you are fired shortly after disclosing a disability, pregnancy or another protected need, the circumstances deserve careful review.
Probation Period Rules Across Canada
Probation and termination rules differ across Canada. For province-specific guidance, see:
Employees in federally regulated industries are governed by federal minimum employment standards. After three months of continuous employment, minimum termination notice or pay requirements apply under the Canada Labour Code.
What Should You Do If You Are Fired During Probation?
Check the contract before accepting that a probationary termination leaves you with no compensation.
- Find your employment contract. Look for the probation clause and how long it lasts.
- Check how long you worked. Minimum termination rights can begin even if the employer still calls you probationary.
- Don’t sign a release. Find out whether the probation clause actually limits your severance first.
- Consider why you were fired. Disability, pregnancy, accommodation requests or other protected issues can change the legal analysis.
- Have the contract reviewed. A clause is not automatically enforceable simply because you signed it.
Probation Period Canada FAQs
Is a three-month probation period mandatory in Canada?
No. There is no single Canada-wide law that automatically creates a three-month probation period for every new employee.
Can you get EI if you are fired during probation?
Being terminated during probation does not automatically prevent you from receiving EI. Eligibility depends on factors including your insurable hours and the reason your employment ended.
Can you quit during probation?
Yes. But your resignation obligations can depend on the law where you work and your employment contract. Review the agreement before assuming probation means you can always leave without notice.
Does probation restart after a promotion?
Not automatically. An employer can’t simply treat an established employee as a brand-new employee and erase termination rights already earned because the employee accepts a promotion or new position.
Get Help After a Probationary Termination
Being new to a job does not mean you have no rights when it ends.
Samfiru Tumarkin LLP helps non-unionized employees review probation clauses, challenge improper probationary terminations and secure the full severance pay and compensation they are legally entitled to receive.
If you have been fired during probation, our employment lawyers can determine whether the probation clause is valid, whether your employer was entitled to rely on it and how much compensation you are owed.
For contract-specific assistance, speak with our employment contract lawyers in Toronto or employment contract lawyers in Calgary.