4. Types of leave

There is no information about the types of leave for this country.
Learn more about types of leave >

Paid time off

Alberta

Employees receive paid sick time depending on their length of service. Employees must use their paid leave within the year of which it was received.

If you have worked for less than a year, you are not entitled to any benefits unless your job contract states otherwise. 

2 weeks paid leave after 1-5 years of work

3 weeks paid leave after 5 years of work

Both workers who are in quarantine due to COVID-19 are liable for 14 days of unpaid leave as of March 5, 2020.

British Columbia

Employees get paid leave in their first year of work and will use it the next year. If an employee wishes to take holiday days before completing one year of work, they must file a written order. So long as the employee is informed, the employer may subtract the holiday from future eligibility.

From 1 to 5 years of service, the employee is entitled to a period of 2 weeks of paid leave, increasing to 3 weeks after 5 years.

For the first five years of work, vacation pay is at least 4% of salaries earned the previous year, and from the fifth year forward, it is at least 6% of wages. In general, holiday pay can be accrued to employees at least 7 days before they are scheduled to take paid leave, or this amount will be paid out annually if settled upon in writing.

Ontario:

Employees who have served for fewer than five years are entitled to two weeks of paid leave, and those who have worked for more than five years are entitled to three weeks.

Quebec:

Unless otherwise settled upon, the annual leave year runs from May 1 to April 30 and varies based on how long the person has been working. The employee is also granted additional compensation:

Employed for less than a year: 1 day for every month worked and a 4% indemnity

2 weeks + 4% indemnity for 1-3 workers who have worked for 1 to 3 years

For workers with more than 3 years of work experience: 3 weeks + 6% indemnity

Public holidays

Alberta:

Canada (Alberta) recognizes nine public holidays.

British Columbia:

British Columbia recognizes ten public holidays.

Ontario:

Ontario recognizes nine public holidays.

Quebec:

Quebec has eight national holidays. If a holiday occurs on a weekend, it is celebrated on the Friday preceding the weekend or on the Monday after the weekend.

Sick days

Alberta:

Employees are entitled to up to 16 weeks of sick or injured leave. Employees must have worked for at least 90 days to provide a medical report to be qualified.

The government has declared that those returning to Canada from non-essential travel (such as vacations) would no longer be available for the $500 weekly sickness benefit under the Canada Recovery Sickness Benefit (CRSB), which was designed to help offset the cost of quarantine upon arrival.

British Columbia:

Employees in British Columbia are not entitled to paid sick leave. The boss, on the other hand, will be able to do this as a bonus.

The government has declared that those returning to Canada from non-essential travel (such as vacations) would no longer be available for the $500 weekly sickness benefit under the Canada Recovery Sickness Benefit (CRSB), which was designed to help offset the cost of quarantine upon arrival.

Ontario:

When an employee has worked for more than two weeks, they are entitled to three missed sick days every year.

The government has declared that those returning to Canada from non-essential travel (such as vacations) would no longer be available for the $500 weekly sickness benefit under the Canada Recovery Sickness Benefit (CRSB), which was designed to help offset the cost of quarantine upon arrival.

Quebec:

When an employee has been working for at least three months, they are entitled to two days of paid leave every year. Employees must contact their employers if they are sick for an extended amount of time. The employer has the right to seek evidence if the cause for absence is repeated.

The government has declared that those returning to Canada from non-essential travel (such as vacations) would no longer be available for the $500 weekly sickness benefit under the Canada Recovery Sickness Benefit (CRSB), which was designed to help offset the cost of quarantine upon arrival.

Maternity leave

Alberta:

Employees who have worked for at least 90 days in a row are entitled to 16 weeks of sick leave. Leave will start up to 13 weeks before the expected due date. If the company allows for an early return and the employee receives a medical report confirming that it is legal, 6 weeks must be taken after the birth.

If an employer notices that the pregnancy is messing with the employee's ability to function, the employer has the right to ask the employee to begin maternity leave sooner.

British Columbia:

A individual is entitled to free maternity leave for 17 weeks. The leave must begin prior to the child's birth and can begin as early as 13 weeks prior to the anticipated due date. The woman must take at least 6 weeks off after giving birth.

If they want to return to work sooner, they must first get consent from a psychiatrist.

If the woman is unable to return to work after the necessary six weeks, her leave will be extended for another six weeks.

Ontario:

The worker is entitled to up to 17 weeks of free maternity leave after she has worked for at least 13 weeks. Maternity leave will begin as early as 17 weeks prior to the due date.

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Quebec:

A individual is entitled to free maternity leave for a total of 20 weeks. The mother will choose if she divides her maternity leave between before and after the pregnancy, but it cannot be taken before 16 weeks before the due date. The week the infant is born is not included in the parental leave if it begins on the day of the birth.

The employer has the right to obtain a medical report confirming that the employee is prepared for work from the 6th week before the due date, and if the employee does not give one within 8 days, the employer may order the employee to begin maternity leave.

Paternity leave

Alberta:

Employees are entitled to up to 16 weeks of sick or injured leave. Employees must have worked for at least 90 days to provide a medical report to be qualified.

The government has declared that those returning to Canada from non-essential travel (such as vacations) would no longer be available for the $500 weekly sickness benefit under the Canada Recovery Sickness Benefit (CRSB), which was designed to help offset the cost of quarantine upon arrival.

British Columbia:

Employees in British Columbia are not entitled to paid sick leave. The boss, on the other hand, will be able to do this as a bonus.

The government has declared that those returning to Canada from non-essential travel (such as vacations) would no longer be available for the $500 weekly sickness benefit under the Canada Recovery Sickness Benefit (CRSB), which was designed to help offset the cost of quarantine upon arrival.

Ontario:

When an employee has worked for more than two weeks, they are entitled to three missed sick days every year.

The government has declared that those returning to Canada from non-essential travel (such as vacations) would no longer be available for the $500 weekly sickness benefit under the Canada Recovery Sickness Benefit (CRSB), which was designed to help offset the cost of quarantine upon arrival.

Quebec:

When an employee has been working for at least three months, they are entitled to two days of paid leave every year. Employees must contact their employers if they are sick for an extended amount of time. The employer has the right to seek evidence if the cause for absence is repeated.

The government has declared that those returning to Canada from non-essential travel (such as vacations) would no longer be available for the $500 weekly sickness benefit under the Canada Recovery Sickness Benefit (CRSB), which was designed to help offset the cost of quarantine upon arrival.

Parental leave

Alberta:

Birth and foster parents are entitled to a total of 62 weeks of unpaid leave. Parental leave will begin at any time after the child's birth or adoption, but it must be completed within 78 weeks of the child's birth.

Ontario:

The mother will prolong her maternity leave with parental leave for up to 61 weeks of accrued parental leave at the completion of her maternity leave. The father is therefore entitled to parental leave.

Quebec:

For a newborn or newly adopted child, each parent is entitled to up to 78 weeks of parental leave.

Parental leave should be combined with maternity or parental leave to create a total of 70 weeks of leave.

Other leave

Alberta:

Bereavement Leave: For the death of an immediate or extended family member, employees with at least 90 days of continuous leave are entitled to three days of bereavement leave each year. Unless otherwise specified in the work contract or collective bargaining agreement, this leave is unpaid.

Long term and Injury Leave: Employees who have worked for at least 90 days will take up to 16 weeks of unpaid leave.

British Columbia:

Bereavement Leave: Employees are entitled to three days of compulsory leave in the event of the death of a close relative. This leave may be taken in any order; the employee is not required to take it in that order.

Work-Related Injury Leave: In British Columbia, any significant accidents and deaths must be reported to WorkSafeBC as soon as possible after they occur.

In addition, within three days of an injury, the supervisor must disclose any of the following:

During a work-related accident, the employer passes out.

The employee is taken to a medical facility for treatment (i.e. hospital, clinic).

The employee is treated for his or her injuries.

Owing to the incident, the employee is unable to return to work.

A surgical implant was broken as a result of the accident (i.e. an artificial limb, glasses, dentures, hearing aid, etc.)

If the employee demands that the boss file a survey.

For the first 10 weeks of leave, WorkSafeBC will specify a pay amount at which the employee will be entitled. The fund will either cancel the compensation or grant the employee permanent disability after this time limit has passed.

Quebec:

Personal Emergency Leave: 10 days for personal sickness, accident, or medical emergency, or for a family member's illness, injury, or medical emergency.

Family Medical Leave: In a 26-week cycle, you will take up to 8 weeks of unpaid leave.

Work-Related Injury Leave: The contractor must pay 100 percent of the daily wage on the day of the accident and 90 percent for the first 14 days of work-related injury leave. The Commission des normes, de l'équité, de la santé and de la sécurité du travail (CNESST) assumes payment to the employee on the 15th day at a cost of 90% of the net profits.

If the employee becomes medically or mentally injured, they could be eligible for extra payments based on their age and the seriousness of the injuries.

5. Employment termination

There is no information about employment information for this country.

Termination process

In Canada, fixed-term work contracts are legal. However, courts and other adjudicators will find that a fixed-term employment contract is or became an indefinite term contract if the parties renew the same fixed-term contract several times or if the employee continues to work after the contract's stipulated expiration date. Employers in Canada are obligated to offer reasonable notice of termination or payment in lieu of notice to workers. Each jurisdiction's employment standards legislation specifies the minimum notice periods that businesses must offer employees depending on their term of service. Employees, however, are also entitled to a term of "reasonable" notice under common law and Quebec civil law, which typically surpasses the statutory minimum.

Notice period

Prior to ending employment, employers are obligated to offer employees with two weeks written notice. Employers may choose to compensate employees in lieu of notice with two weeks' pay. The notice period is waived if the employee has not worked for three consecutive months, resigns, is terminated for work-related misconduct, or is terminating a contract employment.

Probation period

It is common for probationary periods to be put in place within Canadian employment contracts. The typical probationary period is 3 months. The maximum probationary period allowed depends on the province and generally range from 3 to 6 months. It should be noted that if an employer terminates an employee within the probationary period, the employee may be entitled to notice pay.

Severance pay

Severance pay is available to employees who have worked for their employer for at least one year. Employees with a minimum of 12 months of continuous service receive one week's salary for each year of service, up to a maximum of 26 weeks. However, the overall amount of severance pay is contingent upon a number of circumstances, including the employment agreement, any applicable collective bargaining agreements, and provincial regulations.

6. Working hours

There is no information about the working hours for this country.

General working schedule

In Canada, the standard workweek is 40 hours, or eight hours per day, for five days. Each week, federally regulated employees are entitled to 24 hours of rest, which is typically on a Sunday. If a holiday falls on a weekday, the work week is shortened by eight hours. A week's maximum work hours for an employee is 48. This limit may be exceeded in some circumstances.

Overtime

While work hours and overtime regulations vary considerably across Canada, the majority of jurisdictions have established an overtime rate equal to 150 percent of an employee's regular rate of pay. The entitlement begins at 44 hours in Ontario and 40 hours in Quebec. Employers cannot refuse to pay overtime rates or compel employees to work excessive hours; they also cannot fire or deport employees who refuse or complain about overtime work.

7. Minimum wage

There is no information about the working hours for this country.

The current minimum wages across the provinces in Canada are as follows:

Alberta has a minimum hourly wage of USD 15.

British Columbia has a minimum hourly wage of USD 15.20.

Manitoba has a minimum hourly wage of USD 11.90.

New Brunswick has a minimum hourly wage of USD 11.75.

Newfoundland and Labrador has a minimum hourly wage of USD 12.50.

Northwest Territories has a minimum hourly wage of USD 13.46.

Nova Scotia has a minimum hourly wage of USD 12.95.

Nunavut has a minimum hourly wage of USD 16.00.

Ontario has a minimum hourly wage of USD 14.25.

Prince Edward Island has a minimum hourly wage of USD 13.00.

Quebec has a minimum hourly wage of USD 13.50.

Saskatchewan has a minimum hourly wage of USD 11.45.

Yukon has a minimum hourly wage of USD 13.85.

8. Employee benefits

There is no information about the working hours for this country.

The majority of healthcare benefits are provided by the social security system to workers and residents. Every citizen has a Medicare card, which entitles them to free healthcare in their province, as well as child care benefits. Some jurisdictions charge a separate fee for this system, while others fund it through taxation or contributions.

The Canadian health-care system was founded on the premise that all Canadians would get all "medically necessary and hospital physician services." Each of Canada's ten provinces and three territories funds and administers a statewide health insurance program. There is no cost-sharing for the federally mandated health-care services. While Canadians are guaranteed access to hospital and physician services, it is up to each province to decide whether or not to pay ‚Äúsupplementary‚ÄĚ benefits such as dental care and prescription coverage.

To cover these treatments, around two-thirds of Canadians purchase private supplemental insurance policies (or have an employer-sponsored plan). In Canada, doctors are often reimbursed by the government at a negotiated fee-for-service rate. Many candidates today anticipate that the employer will provide extra benefits such as private health insurance, dental and vision plans, income security (disability), and life insurance.

Employers frequently provide additional health and dental insurance, as well as group savings schemes.

9. Taxes

There is no information about the working hours for this country.

Corporate tax

Large companies in Canada are subject to the higher corporate tax rate that ranges from 26.5 percent to 31 percent. The smaller enterprises are subject to a corporate tax rate of between 9 percent and 13 percent.

Corporations and companies pay corporate tax on their profits and capital. These constitute a very little percentage of overall tax income. Corporate income is taxed at the corporate level before being dispersed to individual shareholders as dividends. Individuals who earn dividends are given a tax credit to offset the tax paid at the corporate level. This credit, however, does not fully remove double taxation of this income, resulting in a greater level of taxes on dividend income than on other kinds of income. When income is obtained in the form of a capital gain, only half of the gain is taxed; the other half is not.

Individual income tax

Individuals in Canada are imposed an income tax rate that ranges from 19 percent to 54 percent. The actual percentage varies depending on the income tax bracket the individual belongs to.

Individual income taxes have been levied by both the federal and provincial governments, and they are the most important sources of revenue for both levels of government, accounting for more than 45 percent of tax revenue. Except in Quebec, the federal government collects the majority of income taxes, with the provinces collecting a somewhat smaller proportion. Income taxes in Canada are progressive, with high-income people paying a greater proportion than low-income ones.

When income is obtained in the form of a capital gain, only half of the gain is taxed; the other half is not.

Settlements and legal damages are usually not taxed, even when they occur as a consequence of a breach of contract in an employment connection (other than unpaid wages).

The Canada Revenue Agency's website displays federal and provincial income tax rates.

Personal income tax may be delayed in a Registered Retirement Savings Plan (RRSP), which may incorporate mutual funds and other financial instruments and is designed to assist people in saving for retirement. Tax-Free Savings Accounts enable individuals to hold financial instruments without being taxed on their earnings.

VAT, GST and sales tax

The standard rate for the value-added tax (VAT) or goods and sales tax (GST) in Cameroon ranges from 5 percent in Alberta to 15 percent in New Brunswick.

10. VISA and work permits

There is no information about the working hours for this country.

The Canadian government runs the Temporary Foreign Worker Program, which allows foreign people to apply to work in Canada for a specific length of time. The program covers all employment responsibilities and knowledge levels and may be utilized when a competent Canadian citizen or permanent resident is not available or appropriate for the role.

There are federal (Government of Canada) and provincial immigration schemes (Government of Alberta). The provincial program in Alberta is known as the Alberta Immigrant Nominee Program (AINP). The Alberta government nominates people for permanent residency, but the federal government determines who gets to stay. Because the AINP is an economic initiative, Alberta nominates candidates to assist satisfy the province's labor and entrepreneurship requirements. Alberta may need different sorts of employees and businesses as the province's economy evolves.

There are also federal (Government of Canada) and provincial (British Columbia, Ontario, and Quebec) immigration schemes in effect.

11. Employer Of Record service terms

There is no information about the working hours for this country.

Employment contracts

Termination, probation, working hours, pay and leaves, bonuses, and other benefits should all be addressed in employment contracts.

Prospective workers might be subjected to background checks by their employers. These tests, however, must be confined to information such as:

Criminal background

Education

Employment history

Reference check

Minimum assignment length

There is no set length for assignments. This is usually indicated in the employment contract for fixed-term employments.

Payment currency

Canadian Dollar (CAD)

13.Opening a subsidiary in Canada

There is no information about the working hours for this country.

How to set up a subsidiary

You have three alternatives for establishing a presence in Canada: as a corporation, a partnership, or an extra-provincial company. Here are the distinctions between the three.

Corporations: Incorporation is done at either the federal or provincial level. Your company is treated as a distinct legal entity from its shareholders, and shareholders are not personally accountable for any debts, actions, or other responsibilities.

Partnerships: The two forms of partnerships include general or limited. In rare cases, your company may subsequently be formed as a limited liability partnership.

Extra-Provincial Corporation: Incorporation is only available at the provincial level, and each province has its unique set of rules. Your firm will not be required to employ a certain proportion of Canadians, thus it may be entirely foreign-owned and directed.

Subsidiary laws

Canada subsidiary rules differ depending on the province in which you operate. If you want your subsidiary to function under certain circumstances, you should look for a place with a climate that is favorable to your company. For example, in Ontario, Alberta, Manitoba, Saskatchewan, Newfoundland and Labrador, at least 25% of the subsidiary's directors must be Canadian residents.

Consider where you want to do business in Canada. If you are formed under the federal rules of the nation, you must register in each province where you want to do business.

When establishing your subsidiary, it's also a good idea to think about things like current trade agreements and the nationality of your headquarters. Although English is the official language of Canada, distinct provinces may have their own dialects, such as French.

13. Why choose Rivermate as your Employer of Record / PEO in Canada

Establishing an entity in

Canada

to hire a team takes time, money, and effort. The labor law in

Canada

has strong worker employment protection, requiring great attention to details and a thorough awareness of local best practices. Rivermate makes expanding into

Canada

simple and effortless. We can assist you with hiring your preferred talent, managing HR and payroll, and ensuring compliance with local legislation without the hassle of establishing a foreign branch office or subsidiary. Our PEO and Global Employer of Record solutions in

Canada

give you peace of mind so you can focus on running your business.

Please contact us if you'd like to learn more about how Rivermate can help you hire employees in

Canada

via our Employer of Record / PEO solution.

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