Understanding Probation Periods in Canadian Jobs

It’s not a bad sign; it’s a standard feature of many Canadian employment contracts. The purpose is simply to give both sides time to confirm the match before your employment becomes permanent.

What is a probation period, really?

A “probation period” typically refers to the first several months of a job. However, the details of your probation will vary depending on your employer and your province of employment. Some labour requirements vary from province to province and certain employers will have stricter probation rules.

With this in mind, it’s important to check the requirements for your position before you accept the role. And if you encounter any issues, check the rules and standards for your province (more on that later).

What employers can do during probation

During the probation period, employers are legally allowed to evaluate your performance, assess cultural fit, and decide whether to continue your employment.

In most provinces, employers can end employment more easily during the first few months, typically without notice or severance, depending on how long you’ve worked and which province or territory you’re in. That said, your employer must still act fairly, pay you properly, and follow basic labour standards.

It’s also common for employers to schedule a performance review before your probation ends to decide whether to confirm your position.

What employers cannot do: Your rights during probation

Being on probation doesn’t mean you lose your basic rights. From day one on the job in Canada, all employees are protected by employment standards, human rights, and workplace safety laws, no matter what your contract says.

Employers cannot:

• Pay you below the legal minimum wage, deny overtime (where applicable), or refuse required breaks and rest periods.
• Dismiss or mistreat you for discriminatory reasons such as age, race, religion, disability, gender, or place of origin. These are protected grounds under Canadian human rights laws.
• Retaliate against you for exercising your rights. For example, reporting harassment, requesting parental leave, or raising safety concerns.

These protections apply everywhere in Canada. What does vary by province and territory is the amount of notice or pay an employer must give if they terminate your job during the early months of employment:

• Ontario: No notice or severance required if you’ve worked less than 3 months. After 3 months, notice or pay in lieu is required under the Employment Standards Act.
• British Columbia: No notice or pay required for the first 3 months; after that, at least 1 week of notice or pay applies. Details here.
• Alberta: No notice required if you’ve worked 90 days or less. After that, notice or pay scales with service length. More information here.
• Quebec: Notice begins after 3 months of uninterrupted service (usually 1 week from 3 months to 1 year). Details here.
• Federally regulated employers: Under the Canada Labour Code, at least 2 weeks’ notice (or pay) after 3 months of continuous service.

If you’re unsure which rules apply, check your province or territory’s employment standards office or the Government of Canada labour standards page for federally regulated workplaces.

Key Takeaway: Some provinces allow employers to end employment with little notice during the first few months, but none allow discrimination or harassment. Even probationary employees must be treated fairly and in good faith.

If you’re fired during probation

If you’re dismissed during your probation period, it can feel discouraging, but it doesn’t mean failure. Because probation periods often allow for simpler termination, notice requirements depend on your province or territory. In most jurisdictions, employers may not owe notice or pay during the first three months (or 90 days). After that threshold, minimum notice or pay rules apply under employment standards laws.

Here’s what to do if you’re let go:

• Review your contract: Check for a probation clause and any terms about notice.
• Ask for feedback: If possible, request constructive input to help guide your next step.
• Know your rights: If you suspect discrimination or bad-faith treatment, you can contact your provincial labour board or human rights commission.
• Stay positive: Use the experience to refine your job-search strategy and highlight what you learned.

What changes after probation ends

Once your probation period ends, you’re typically considered a permanent employee. This often means you gain access to:

• Health or dental benefits, vacation accrual, or employer pension contributions.
• Longer notice or severance protections under provincial law.
• Opportunities for promotion, transfer, or professional development.

Again, the exact conditions of your employment vary depending on your employer and your province of employment. Be sure to confirm your new employment status in writing and request an updated HR letter or benefits enrolment confirmation.

Worker rights in Canada, probation or not

Regardless of whether you’re within the probationary period or not, Canadian workers are entitled to:

• A safe and healthy workplace.
• Minimum wage and proper pay for all hours worked.
• Protection from discrimination and harassment.
• Fair scheduling, breaks, and rest periods.

If something feels wrong, speak to your HR department or contact your local labour standards office for advice.

Red flags to watch out for

Be cautious of employers who:

• Ask you to pay for a job or training before you start.
• Offer positions without a written contract.
• Extend your probation repeatedly to avoid providing benefits.
• Pressure you to work unpaid “trial shifts.”

For more on protecting yourself, see our recent article on scams targeting Canadian job seekers.

Conclusion: Know your rights, protect your future

Probation periods are normal in Canadian workplaces. They give both sides a chance to confirm fit, but they don’t erase your rights. Stay informed, document your work, and ask questions if something feels unclear.

Confidence comes from knowledge and knowing your rights helps you thrive in Canada’s workplace. Good luck with your new role!