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Provincial Laws›Northwest Territories Employment Standards Act

Northwest Territories Employment Standards Act: Your Rights at Work

How the Northwest Territories' employment standards differ from the federal Canada Labour Code

Content last verified against official statutes: August 30, 2026

Am I Provincially Regulated?

Employees of private employers in the Northwest Territories whose business is not federally regulated (interprovincial transportation, telecommunications, banking and similar) are covered by the Employment Standards Act, administered by the Employment Standards Office of the Department of Education, Culture and Employment.

Overtime

Standard hours are 8 in a day and 40 in a week (Act s.7). Hours worked beyond those limits are paid at 1.5 times the regular wage (s.9). Some occupations have different rules under the regulations, and the Employment Standards Officer can approve averaging arrangements.

Key difference from federal: The Canada Labour Code uses the same 8-hour and 40-hour thresholds (s.169, s.174), so overtime works much the same way for federally regulated employees in the territory.

Sick Leave

After 30 days of employment, the Act provides up to 5 days of unpaid sick leave in a 12-month period (s.29). There is no paid sick leave in the Act.

Key difference from federal: Federally regulated employees earn up to 10 paid medical-leave days per year (3 after 30 days, then 1 per month) and up to 27 weeks of unpaid medical leave (CLC s.239).

Termination & Severance

Act s.38 sets the minimum written notice of termination (or pay in lieu). No notice is required in the first 90 days of employment:

Length of serviceMinimum notice (or pay in lieu)
90 days to less than 3 years2 weeks
3 years to less than 4 years3 weeks
4 years to less than 5 years4 weeks
5 years to less than 6 years5 weeks
6 years to less than 7 years6 weeks
7 years to less than 8 years7 weeks
8 years or more8 weeks

Notice rises by 1 week for each year of service after the second year, to a maximum of 8 weeks. Group terminations have separate notice rules. The Act has no severance pay provision; severance beyond the statutory notice is a common-law matter. There is no statutory unjust-dismissal process.

Key difference from federal: The Canada Labour Code provides graduated notice of 2 to 8 weeks (s.230), severance pay of 2 days per completed year with a 5-day minimum (s.235), and an unjust dismissal complaint for non-managerial employees with 12 months of service (s.240).

Reprisal Protection

The Act prohibits an employer from dismissing, suspending, laying off or otherwise penalizing an employee for filing a complaint, giving evidence, taking a leave the Act provides, or asserting a right under the Act. Complaints are made to the Employment Standards Officer; decisions may be appealed to an adjudicator through the Employment Standards Appeals Office.

Key difference from federal: Under CLC s.246.1(4) a federal reprisal complaint is itself evidence of reprisal and the burden of proof shifts to the party denying it.

Harassment

The Safety Act and the Occupational Health and Safety Regulations, administered by the Workers' Safety and Compensation Commission, require employers to address workplace harassment and violence. The Human Rights Act prohibits discrimination and harassment on protected grounds, which include race, colour, ancestry, nationality, ethnic origin, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity or expression, marital status, family status, family affiliation, political belief, political association, social condition and a pardoned conviction. A complaint to the Northwest Territories Human Rights Commission is filed within 2 years of the last incident (Human Rights Act s.29(2)).

Key difference from federal: Federally regulated workplaces follow SOR/2020-130; discrimination complaints go to the Canadian Human Rights Commission within 12 months.

Filing Complaints

IssueWhere complaints are filedTime limit
Unpaid wages, overtime, vacation pay, notice payEmployment Standards Office, Department of Education, Culture and Employment12 months from the date the wages became payable (Act s.61(2))
Reprisal under the ActEmployment Standards Office; adjudicator on appeal12 months (s.61(2))
Harassment or violence (health and safety)Workers' Safety and Compensation CommissionNone set by statute
Discrimination or harassment on a protected groundNorthwest Territories Human Rights Commission2 years from the last incident (Human Rights Act s.29(2))

Key Statutes & Sources

Employment Standards Act, S.N.W.T. 2007, c. 13Standard hours (s.7), overtime (s.9), sick leave (s.29), notice (s.38), complaints (s.61)
Human Rights Act, S.N.W.T. 2002, c. 18Protected grounds (s.5); complaint within 2 years (s.29(2))
Safety Act, R.S.N.W.T. 1988, c. S-1Occupational Health and Safety Regulations on harassment and violence

Official sources checked on August 30, 2026

When Should You Contact a Lawyer?

This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.

The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.

By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.

Cite This Page

MyWorkRights.ca, "Northwest Territories Employment Standards Act: Your Rights at Work," accessed 2026-10-01, https://myworkrights.ca/provincial/northwest-territories