Statutory termination and severance pay.
Total statutory entitlement
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Termination notice pay
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Severance pay
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Your breakdown
Updates live as you type| Entitlement | Weeks | Amount |
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Statutory minimums are a floor, not the deal
The most important thing to understand about Canadian severance is that the number this tool produces is a legal minimum, and for many dismissed employees it is a small fraction of what they are actually owed. Employment standards legislation, modelled here on the Ontario rules, sets two separate entitlements. Termination notice pay accrues at one week per year of service to a maximum of eight weeks. Statutory severance pay is a distinct amount, one week per year up to twenty-six weeks, available only to longer-service employees of larger employers. Both are calculated on your regular weekly wages.
What the statute does not capture is common law. A non-unionized employee dismissed without cause can sue for reasonable notice, which courts often set far higher, frequently in the range of three to four weeks per year of service depending on age, seniority, and how hard the role is to replace. That is why the calculator labels its output a statutory minimum and why you should treat a lowball offer as an opening position, not a final one.
A ten-year employee at $1,400 a week
Consider someone with ten years of service earning $1,400 a week, eligible for statutory severance because they have over five years in and work for a large employer. Notice pay caps at eight weeks even though they have ten years, while severance pay runs the full ten weeks. Here is the breakdown.
So eighteen weeks of pay, $25,200, is the statutory floor. A common-law claim for the same person could plausibly argue for thirty or more weeks. The eight-week notice cap is the detail people miss: years eleven and beyond add to severance pay but never to notice.
How severance is taxed and the RRSP rollover
Severance is taxable income in the year you receive it, and a large lump sum can spike you into a higher marginal bracket for that year. There are ways to soften the blow. If part of your service predates 1996, a portion may qualify as a retiring allowance eligible for direct transfer to an RRSP outside your normal contribution room. For service after that date, you can still reduce the tax bite by contributing the cash to your RRSP if you have room available. Spreading the payment across two tax years, where the employer agrees, can also keep you out of the top bracket. These moves are worth a conversation with an accountant before you sign a release.
Province and jurisdiction change the answer
This calculator follows the Ontario pattern, but employment standards are provincial, and the formulas differ. Some provinces have no separate statutory severance category at all and provide only notice. Federally regulated employees, such as those in banking, telecom, and interprovincial transport, fall under the Canada Labour Code, which has its own scheme. If you work in one of those sectors or outside Ontario, treat the result as a useful ballpark and confirm against your own jurisdiction’s rules.
Does signing a release waive my common-law rights?
Usually yes, which is the single most expensive mistake people make. Employers often present a severance offer with a release attached, and signing it typically extinguishes any claim to the larger common-law entitlement. You are entitled to take the statutory minimum no matter what, so there is rarely a reason to sign quickly. Have an employment lawyer review the offer first; many will assess it for a flat fee, and the upside frequently dwarfs the cost.
Can I collect EI while receiving severance?
Severance generally delays your Employment Insurance benefits rather than reducing them. Service Canada treats a lump sum as earnings allocated over a number of weeks, and your EI claim starts only after that allocation runs out. You should still apply for EI promptly when you lose your job, because the application date sets your claim window even if payments begin later.