Probationary period
A probationary period is the first stretch of a new job, used to assess fit. In Canada, it mainly matters for when termination notice becomes owed.
Also called: probation, probation period, trial period
What probationary period means
A probationary period is the first part of a new hire's employment, when you and the employee find out whether the job is a good fit. Employers often set one in the offer letter and plan a review before it ends.
In most of Canada, employment standards laws do not set a standard probation period. What they set is the point at which you must give written notice, or pay in lieu, before ending someone's employment without cause. Before that point, no statutory notice is owed. After it, notice generally is, whatever your contract calls the period. That is the part of probation that has legal consequences.
How it works
Know your province's point. If your contract sets a probation period, keep it no longer than that point. A longer period does not by itself remove the notice the law requires once the employee passes it.
Probation does not change other rights. It does not change human rights protections, wage and overtime rules, or leave entitlements. Ending someone's employment during probation for a discriminatory reason is still discrimination.
Probation and common-law notice are a separate question. How a probation clause affects what you owe at common law depends on its exact wording, and courts read these clauses strictly. Get advice before relying on one.
Use the period well. Set clear expectations on day one, check in at 30, 60 and 90 days, write down what is going well and what is not, and make a decision before the probation end date, not after. If you need more time, an extension should be agreed in writing before the period ends, and it still cannot avoid statutory notice once your province's point has passed.
Probationary period by province
These are the points at which statutory termination notice starts to be owed, the practical end of probation under employment standards law.
| Where the work is done | The rule |
|---|---|
| Federal | 3 months |
| British Columbia | 3 months |
| Alberta | 90 days |
| Saskatchewan | 13 weeks |
| Manitoba | 30 days |
| Ontario | 3 months |
| Quebec | 3 months |
| New Brunswick | 6 months |
| Nova Scotia | 3 months |
| Prince Edward Island | 90 days |
| Newfoundland and Labrador | 3 months |
| Yukon | 6 months |
| Northwest Territories | 90 days |
| Nunavut | 90 days |
Figures checked against official sources on 7 October 2026.
Example: A 90-day review at a Moncton bakery
Maya runs a 9-person bakery in Moncton. She hires a new baker with a 3-month probation in the offer letter. New Brunswick's notice point is 6 months, so the probation is within it.
At the 60-day check-in, the baker is reliable but slow on decorating. Maya writes down two goals and books a review for day 85. By then the baker has improved, and Maya confirms in writing that probation is complete.
Hollis tracks the dates
Hollis tracks probation end dates, so a review is on your list before your province's notice point passes, and it can draft a probation extension letter for your approval.
Try Hollis liveFree tools and guides for this
- Employment standards: probation and notice by province
- Probation review checklist template
- 30 60 90 day check in template
Questions about probationary period
Is a probationary period required by law in Canada?
No. Most employment standards laws do not set one. They set the point when termination notice becomes owed, such as 3 months in Ontario or 90 days in Alberta.
Can I fire someone on probation without notice?
Before your province's notice point, statutory notice is not owed. After it, the statutory minimum generally applies, even if the contract still calls it probation. Discriminatory reasons are never allowed.
Can I extend a probationary period?
You can agree an extension in writing, but it cannot remove statutory notice once the employee passes your province's notice point.
Related terms
Official sources
- Government of Canada: Termination, layoff or dismissal
- Ontario: Your guide to the Employment Standards Act, Termination of employment
- British Columbia: Liability resulting from length of service, ESA s. 63
- Alberta: Termination and layoff
- Manitoba: Termination of employment
- Nova Scotia: Guide to the Labour Standards Code
- Newfoundland and Labrador: Your Rights at Work
- Yukon: Employment standards general fact sheet
- Northwest Territories: Employment standards FAQ
- Nunavut: Labour and employment standards
General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.
Checked against official sources on 4 November 2026.