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Severance Pay and Taxes in Canada: What You'll Actually Keep

By Jordan Ellis · Published · Reviewed

Quick Answer

Severance pay in Canada is fully taxable income in the year received, with tax withheld at lump-sum rates (outside Quebec, 10% up to $5,000, 20% to $15,000 and 30% above, covering federal and provincial tax), and it is generally not subject to CPP or EI deductions. Because the whole package lands in one year, it often pushes you into a higher bracket; having part of it paid directly into your RRSP, within your contribution room, is the main legal shelter. Employment standards minimums are modest (in Ontario, up to 8 weeks of termination pay plus severance pay for some long-service employees), while common-law reasonable notice, where your contract doesn't validly limit it, can be much higher. That gap is why the first offer is often negotiable.

Losing a job comes with two cheques people confuse: what the law guarantees and what the law actually entitles you to. The gap between them is where the money is — and the tax treatment decides what you keep. Run the package through the income tax calculator before signing anything.

The tax treatment

  • Fully taxable as income in the year received — a $40,000 package stacked on eight months of salary can shove you up a bracket or two
  • Withholding: lump-sum rates of 10/20/30% outside Quebec, covering federal and provincial tax. That’s often under-withheld for higher earners, which sets up a bill at tax time
  • Generally no CPP or EI on severance, worth up to about 7.6% compared with regular pay if you haven’t already hit the yearly maximums
  • The shelter: unused RRSP room. Having $30,000 of a package paid straight into your RRSP saves roughly $9,000–$13,000 in tax for many middle- and higher-income earners, and no tax is withheld on that part. Check your room on your notice of assessment and arrange it with payroll before the payment is processed

The entitlement, in layers

  1. Employment standards minimum (Ontario example): about 1 week of termination notice or pay per year of service, up to 8 weeks, plus severance pay of 1 week per year (up to 26 weeks) for employees with 5+ years at employers with a payroll of $2.5 million or more. This is the minimum, not necessarily your full entitlement.
  2. Common-law reasonable notice: unless your contract has an enforceable termination clause limiting you to the minimums, courts weigh age, length of service, role and re-employment prospects. There’s no fixed formula, but long-service, older or senior employees can receive many months of notice. A 52-year-old manager with 10 years of service offered only the Ontario minimums may be entitled to considerably more.
  3. The negotiation: an employment lawyer can review the offer and your contract and push back if it falls short. Some work on contingency, so their fee comes out of any improvement.

The order of operations after the meeting

  1. Sign nothing on the spot. Ask for the offer in writing and the deadline — then use every day of it.
  2. Apply for EI immediately — the rules, including severance allocation, start the clock only when you file.
  3. Get a legal opinion. A short consultation can tell you whether your contract limits you to the minimums and roughly what you might be entitled to.
  4. Map the tax year. Package + salary-to-date + any new job’s income = one taxable pile. The RRSP move and, where your employer agrees, timing the payment in January instead of December can shift thousands between tax years.
  5. Protect the runway. Park the net in a high-interest savings account, rebuild the emergency fund to 6 months, and only then think about investing the surplus.

Severance is salary compressed into one taxable moment. Slow down, shelter what you can, and understand your real entitlement before you sign. This guide is general information, not legal or tax advice.

Official sources

Rules and dollar limits change. Confirm current amounts with the official pages below before you act · Last reviewed .

Frequently Asked Questions

How is severance pay taxed in Canada?

As ordinary employment income at your marginal rate, in the year you receive it. Withholding at source uses lump-sum rates: outside Quebec, 10% on amounts up to $5,000, 20% from $5,000 to $15,000 and 30% above, which cover both federal and provincial tax (Quebec residents have lower federal rates plus separate Quebec withholding). Depending on your bracket, that can be too little or too much, and your tax return settles the difference. Severance paid as a retiring allowance is generally not subject to CPP or EI deductions.

Can I put severance into an RRSP to avoid tax?

Yes, within your available contribution room, and it's usually the best shelter for a package. If your employer pays it directly into your RRSP, no tax is withheld on that portion. A $30,000 contribution saves roughly $9,000 to $13,000 of tax for many middle- and higher-income earners, depending on province and bracket. There's also a special extra transfer for service years before 1996, which now applies to relatively few people.

How much severance am I entitled to in Canada?

There are two layers. First, employment standards minimums. In Ontario, that's termination notice or pay of about one week per year of service up to 8 weeks, plus severance pay of one week per year (up to 26 weeks) if you have 5 or more years of service and the employer has a payroll of $2.5 million or more. Federally regulated employees get notice plus severance of the greater of 2 days' wages per year of service or 5 days' wages. Second, common-law reasonable notice, which courts set case by case based on age, length of service, role and how hard it will be to find similar work. It is often much higher than the minimums, unless your employment contract has an enforceable termination clause limiting you to them. Get advice before signing.

Does severance affect EI?

Usually, yes. Service Canada generally allocates severance and other separation payments to the weeks after your job ends, which can delay when EI benefits start. Apply for EI right away anyway; Service Canada works out the allocation, and applying late can cost you benefits.

Is the first severance offer negotiable?

Often. Some employers open near the employment standards minimum, and many employees don't know what common-law notice could be worth in their situation. An employment lawyer can assess whether your contract limits your entitlement and what a reasonable counteroffer looks like; many offer initial consultations, and some work on contingency. Factors such as older age, long service, senior or specialized roles, and being recruited away from a secure job can increase notice.

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