Employment Contracts

Other Jurisdictions re Stat Notice & Fixed Term Contract

B.C.’s statute has a similar provision which eliminates the need for statutory notice for a fixed term contract which is 12 months or less in duration. It also has the same term requiring this notice if the fixed term expires and the relationship continues longer than a further three months. It does not have the early termination requirement.

Alberta’s statute, 1 has the same impact for fixed term contracts 12 months or less in duration, as is the law in B.C.

Manitoba’s minimum standards law provides no need for statutory notice for a fixed term contract of any duration and also for a contract for a fixed objective and for a period 12 months or less. 2

Saskatchewan is much the same, stating that no statutory notice is required for a fixed term contract 12 months or less. 3

New Brunswick’s statute imposes no statutory notice for any fixed term contract, or for a specific assignment which is to be completed within 12 months, whether or not this time period is set out in the contract. 4 This same term is repeated in the Yukon statute. 5

The law of P.E.I. is similar as it negates the need for statutory notice for a fixed term contract 12 months or shorter. 8

Quebec negates the need for statutory notice for any fixed term contract of employment. 9

NWT has the same law denying an employee statutory notice for a fixed term contract of 12 months or less duration. 10 Nunavut does the same.

Newfoundland is the only jurisdiction which has a provision comparable to that of Ontario. It negates the requirement for statutory notice for a fixed term contract but only where the contract is completed for the set fixed term. The inference is that termination within this period will give rise to the statutory requirement.

Canada’s Labour Code does not speak to this issue.