Proceedings.

Guide

What happens to employees when a company goes bankrupt in Canada

When a Canadian employer goes bankrupt or into creditor protection, its workers are owed pay it cannot meet. What ranks first, what the Wage Earner Protection Program pays and how to apply, and what happens to severance, pensions, benefits and jobs when the business is sold, drawn from the court record.

Proceedings. · · 40 min read · 101 court filings cited

In this guide6 parts · 23 sections

When Hudson's Bay filed for creditor protection on March 7, 2025, it had about 9,364 employees1. The court approved the liquidation of its stores two weeks later2; by February 2026, eight employees were left3. None of those let go received termination or severance pay, and the monitor estimated that about 3,755 of them were entitled to more termination and severance pay than the $8,844.22 the federal wage program could pay each4.

When a Canadian employer goes bankrupt, three rules decide what its workers get. Unpaid wages and vacation pay, up to $2,000 a person, rank ahead of the bank on some of the company's assets. The federal Wage Earner Protection Program (WEPP) pays up to $9,275 for a 2026 bankruptcy or receivership, severance included. Whatever is left is an ordinary debt, often paid little or nothing.

General information about what happens to employees when a Canadian employer becomes insolvent, drawn from the court record and the statutes. Not legal or financial advice about your situation.

Part 1What you're owed

Will I be paid for work I've already done?#

Partly, and ahead of most creditors. Up to $2,000 of what you're owed for work and vacation is secured on the company's cash, receivables and inventory.

In a bankruptcy, section 81.3 of the Bankruptcy and Insolvency Act secures a worker's claim for "wages, salaries, commissions or compensation" up to $2,000 on the company's "current assets": cash, cash equivalents, inventory and accounts receivable (s. 2). Real estate and equipment are not covered.

  • The window runs from six months before the "initial bankruptcy event", which can be an earlier notice of intention or CCAA filing, to the bankruptcy.
  • Vacation pay counts; severance doesn't (s. 81.3(9)). Travelling salespeople also get up to $1,000 for expenses.
  • Officers and directors are excluded, as is staff not at arm's length unless the trustee finds their terms were.
  • In a receivership, it covers the six months before the receiver arrived (s. 81.4).

Whatever part of the $2,000 the current assets don't cover is paid later from the rest of the estate, after secured creditors, the trustee's costs and the Superintendent's levy, and before ordinary creditors (s. 136(1)(d)); pay above $2,000 is an ordinary claim. You claim on the trustee's proof of claim form (Form 31, part E).

Canadoil Forge, a Québec maker of steel pipe fittings, laid off its roughly 100 employees5 in August 20256, owing them about $765,000, most of it vacation pay7. The receiver paid the capped priority, "satisfying in full priority claims under section 81.4"8: $179,521 in all9, under a quarter of what was owed (our post on Canadoil Forge).

In a CCAA or a proposal, current work is usually paid as it falls due: Lynx Air's FAQ for employees said wages "will continue to be paid in the normal course"10.

Who gets paid before employees?#

A few claims rank ahead of yours. In a bankruptcy, payroll deductions owed to CRA, and two narrow groups of suppliers, come before the $2,000; the bank comes after it.

In a bankruptcy, the order runs roughly like this, each claim against its own pool of assets:

  1. Payroll deductions never remitted (s. 67(3)); suppliers reclaiming goods delivered in the last 30 days; farmers and fishermen.
  2. Your $2,000, on current assets only.
  3. Unremitted pension contributions, on all assets (s. 81.5).
  4. Secured lenders, though court-ordered charges can rank ahead of them in a CCAA, proposal or receivership.
  5. Preferred claims: the trustee's costs, the Superintendent's levy, any unpaid part of the $2,000.
  6. Ordinary unsecured creditors, paid "rateably" (s. 141): severance, wages above $2,000, lost benefits, trade suppliers.

The receiver of Vic Van Isle Construction, a B.C. builder, let all 44 employees go12 and set out the order it followed:

From the recordVic Van Isle Construction · Second Report of the Receiver, Aug. 15, 2023, para. 21

Payroll source deductions rank in priority to highlighted: all secured creditors. The only other claim that the Receiver is aware of which ranks in priority to Mitsubishi is Service Canada for WEPP claims.

Service Canada stood in for the employees it had paid through WEPP. At VVI Construction, one of the group's companies, the sale did not cover CRA, so employees' claims, which "rank behind payroll source deductions", got nothing13.

The order in one case: Leon and Ram

Leon Mfg., a farm-equipment maker, and Ram Industries, a maker of hydraulic cylinders, both of Yorkton, Saskatchewan, went into receivership in June 2024, and the receiver let every employee go on taking possession14. From the sale proceeds it paid15:

  • CRA, $356,795.37, for the employees' share of unremitted source deductions;
  • Service Canada, $134,583.50, for the wage priority it took over by paying WEPP;
  • Sun Life, $120,565.74, for pension contributions withheld from pay, with the employer's match16;
  • the bank, $2.75 million, and later $171,971.02, plus whatever was left of a holdback17.

In August 2026, before that last payment, the bank was still owed about $16.8 million18. The September order sent it the rest; as the receiver put it, the bank was the "only one secured creditor (BMO) who has priority to the remaining funds on hand"19. Nothing was left in the receivership for ordinary creditors (our post on Leon and Ram).

What happens to my vacation pay?#

It counts as wages. Vacation pay earned in the six-month window shares the $2,000 priority, and WEPP covers vacation pay from the same window up to its cap; the rest is an ordinary claim.

Lynx Air's FAQ for employees told staff asking about older vacation that it "must have been earned during the eligibility period", the "6-month period before the insolvency period"20.

  • Lynx Air owed about $1.5 million of vacation pay21, and its FAQ told staff "No severance payment or payment of accrued vacation will be made"22.
  • Stornoway Diamonds owed about $3.7 million when it idled its Québec diamond mine, and said it would pay "once the Company will have secured sufficient liquidities"23.
  • Accuride Canada's monitor set out to pay in full $126,063 of union vacation pay earned after the filing, because the court-ordered directors' charge secured it24.

Does a company have to pay severance if it goes bankrupt?#

It still owes it, but with no priority. Termination and severance pay rank with trade suppliers, and often nothing is left for them.

The Act leaves them out of the $2,000 (s. 81.3(9)), and Ontario's own $10,000 wage priority does not apply in a federal insolvency distribution (ESA s. 14(2)). What you're owed is still set where you work, and a contract or the common law can give more:

Where you workThe statutory minimum
OntarioNotice or termination pay up to 8 weeks; bankruptcy counts as a termination (ESA guide). Severance pay up to 26 weeks after five years, if the employer's global payroll is at least $2.5 million, or it let 50 or more people go within six months because all or part of the business permanently closed (ESA guide)
Federally regulated (banks, airlines and the like)Notice or pay in lieu of 2 to 8 weeks (Canada Labour Code s. 230); severance of two days' wages per year of service, at least five days, after 12 months (s. 235)
British ColumbiaCompensation for length of service, from one week after three months up to 8 weeks' wages (ESA s. 63)
QuébecNotice of 1 to 8 weeks, or an indemnity equal to regular wages for the notice not given (LNT ss. 82–83)

In a mass layoff the minimums rise. In Ontario, 50 or more people let go at one establishment within four weeks are owed 8 to 16 weeks' notice or pay, depending on how many are let go (ESA guide). Québec (LNT ss. 84.0.4, 84.0.13) and B.C. (ESA s. 64) have similar group rules.

Missing a federal group-termination notice does not create pay in lieu: the court refused to add 16 weeks of it to Lynx Air cabin crew's WEPP claims25.

At Comark, owner of the Bootlegger, cleo and Ricki's chains, about 857 people lost their jobs and were not hired by the buyers26. The monitor reported:

From the recordComark (Bootlegger, cleo, Ricki's) · Fourth Report of the Monitor, May 9, 2025, para. 7.3

While the Terminated Employees were (or, in some cases, will be) paid all base pay earned for services performed and accrued vacation pay owing to them up to their respective termination dates, many of the Terminated Employees have unsecured claims for statutory termination and/or severance pay for which highlighted: there will be no recovery in the CCAA Proceedings.

Where money was left: about 35% expected at Accuride Canada27 (our post on Accuride), about 17.6% at Metroland Media28, and 94.6% of all accepted claims at Mountain Equipment Co-op, after three years29.

How unsecured claims are filed, voted on and paid is in our guide for creditors.

Can I go after the directors?#

Sometimes, for unpaid wages and vacation pay, but not, in an insolvency, for termination or severance pay under the federal, Ontario, Québec or B.C. rules, and the deadlines are short.

RuleDirectors can oweNot covered, or excusedTime limits
Federal companies (CBCA s. 119)Up to six months' wagesPay in lieu of notice (*Barrette v. Crabtree Estate*, Supreme Court of Canada)In a bankruptcy, the claim proved within six months; the director sued while in office or within two years after
Ontario companies (OBCA s. 131; ESA s. 81)Up to six months' wages and 12 months' vacation payTermination and severance payNo fixed period in the OBCA. Under the ESA, liability arises once a wage claim filed with a court-appointed receiver or the trustee in bankruptcy goes unpaid
Québec companies (QBCA s. 154)Up to six months' wagesNotice of termination (CNESST)Within a year after the wages fell due, the company sued (execution unsatisfied) or bankrupt with a claim filed
British Columbia (ESA s. 96)Up to two months' unpaid wagesLength-of-service and termination pay once the company is in receivership or an insolvency proceeding
Alberta companies (ABCA s. 119)Up to six months' wagesA director who reasonably believed the company could pay; work done while a receiver controlled the propertyIn a bankruptcy, the claim proved within six months; the director sued within two years after leaving office

In a CCAA or a proposal, suits against directors are usually paused while the case runs (CCAA s. 11.03; BIA s. 69.31). Once WEPP pays you, the government can pursue the directors itself (WEPPA s. 36), unless a deal releases them, as Metroland's proposal did32.

Part 2The Wage Earner Protection Program

What is WEPP, and who qualifies?#

A federal program that pays laid-off workers part of what an insolvent employer owes them, without waiting for the case to end. Service Canada pays it.

You qualify under section 5 of the Wage Earner Protection Program Act if:

  • your job has ended: you were let go, resigned or retired, or a term ran out;
  • you're owed eligible wages: wages, commissions, vacation, termination or severance pay (s. 2); and
  • your employer is bankrupt or in receivership, or, since November 20, 2021, in a notice of intention, proposal or CCAA with a court declaration (below).

Officers, directors, controlling shareholders (more than 40% of the voting shares, for example), managers who made binding decisions on finances or wages, and anyone not at arm's length with them are excluded, though a relative treated like other staff may qualify (s. 6; Regulations).

How much does WEPP pay?#

Up to $9,275 for a bankruptcy or receivership on or after January 1, 2026. The cap goes by the date of the bankruptcy or receivership, not of your application: for a 2025 bankruptcy it is $8,844.22. ESDC does not say which date counts in a restructuring.

It is seven times the maximum weekly insurable earnings for EI, paid once, and changes every January (WEPPA s. 7; ESDC).

  • Wages count if earned in the six months before the bankruptcy or receivership; where a notice of intention or CCAA filing came first, from six months before that filing up to the bankruptcy, the receivership or, in a restructuring, the court's declaration.
  • Termination and severance pay count if your job ended in that period, or later, up to the trustee's discharge.
  • Severance comes last. Each payment goes to wages, then a salesperson's expenses, vacation, termination pay and severance pay, in that order.
  • Later payments reduce it, if you receive money for those wages after the bankruptcy, receivership or court declaration from anyone but a government program.

Timing can matter. Hudson's Bay asked, with its monitor's support, for its declaration to take effect on June 21, 2025, 18 days after the order and after final pay had gone out, "to simplify the process and generally maximize WEPP eligible amounts"33.

How do I apply for WEPP, and how long does it take?#

Send a proof of claim to the trustee or receiver, then apply to Service Canada within 56 days. Service Canada aims to decide within 35 days of having everything it needs.

  1. Wait for the trustee's letter. The trustee or receiver must work out what each person is owed and tell them and Service Canada, within 45 days of a bankruptcy or receivership unless circumstances justify longer (WEPPA s. 21; Regulations ss. 15–16). Hudson's Bay's monitor mailed about 8,500 packages, with "an individualized claim summary"34.
  2. Return the proof of claim. It is "required to receive a WEPP payment" (ESDC).
  3. Apply to Service Canada, online if you can (ESDC).

A proof of claim filed for you does not replace the application. Synaptive Medical's monitor filed claims for employees, and told them so in capitals:

From the recordSynaptive Medical · Notice of WEPP, Apr. 17, 2025 (no para.)

However, despite that the Monitor has filed a proof of claim on your behalf, as per the WEPP, highlighted: YOU ARE REQUIRED TO submit your application to Service Canada on or before May 2, 2025. If circumstances beyond your control prevent you from submitting your application within the prescribed time frame, a written explanation for the delay must be provided.

The notice came before any court declaration: Synaptive's was not made until July 2026, and its former employees had still not been paid that September (below).

The 35-day standard starts only once Service Canada has all the information (ESDC). Hudson's Bay staff had filed about 5,400 applications by November 30, 2025, and about 5,310 had been processed35. If you're refused, ask for a review within 30 days, then appeal to the Canada Industrial Relations Board within 60 days on a point of law or jurisdiction.

Is WEPP taxable, and does it affect EI?#

Yes to both. It is taxable income, and it counts as earnings for employment insurance.

You get a T4A slip, and in Québec a Relevé 1 as well (ESDC). If you're on EI, report it: ESDC says WEPP is "considered earnings" and "can result in an EI overpayment" (ESDC). It also counts as income for the Guaranteed Income Supplement.

Severance and vacation pay paid when a job ends normally delay EI. Under a temporary measure, for claims or allocations starting between March 30, 2025 and October 9, 2027, "earnings from separation are not deducted from your benefits" (canada.ca, page dated October 6, 2026). No official page says whether that reaches a WEPP payment, so report it and ask.

What if my employer is restructuring rather than bankrupt?#

Then WEPP opens only when a court declares that the company has let go all its staff in Canada but a wind-down crew. Someone has to ask, and the order usually comes months after filing.

The court decides under WEPPA s. 5(5) whether the company is a former employer "all of whose employees in Canada have been terminated other than any retained to wind down its business operations" (Regulations s. 3.2). A CCAA that keeps the business trading with its staff does not open WEPP. Our guide to CCAA, bankruptcy and receivership explains the proceedings.

  • In the first order. Lynx Air's declaration applied "as of the date of the Initial Order"3839.
  • For part of a group. SaltWire's day-12 order covered only a 10-employee affiliate being closed4041; the newspapers' staff waited until day 148, when the papers were sold42.
  • In a notice of intention. Technicolor Canada, the Montréal visual-effects company, got its declaration 44 days after filing43.
  • When the buyer won't carry on. Stornoway asked once it was clear the sale of its mine did not provide for continued mining, calling delay "highly prejudicial to the employees"44; the order came on day 21445.

Not every company asks: BZAM decided not to46. And a court can say no: BRR Logistics' first request was refused47, its second granted48.

What happens after WEPP pays me?#

The federal government takes your place as a creditor for what it paid. If the estate later pays wages, Service Canada is repaid first, and you get only what is left above that.

The government "will take your place as a creditor", including against "former directors" (ESDC; WEPPA ss. 36, 36.1). Receivers in the record treat its claim as carrying the employees' $2,000 priority4950; the rest is unsecured.

Tell Service Canada if you later receive money for those wages. If you, or an agency, take legal action to recover them, or a court rules on it, the notice is due within 30 days of your learning of it (WEPPA s. 36; Regulations s. 20).

Where employees had a share of a distribution, Canada was repaid from it. Metroland's trustee reported that in April 2024 the court had found Service Canada "was entitled to priority subrogation rights on distributions to those employees that had applied for WEPPA"28, and told former staff what that meant:

From the recordMetroland Media · FAQ about your distribution, Nov. 5, 2024 (no para.)

Please note that (i) WEPPA clawbacks reduce distributions on termination and severance claims highlighted: to zero for claims under approximately $47,000 and (ii) the below scenarios do not differentiate between WEPPA eligible and ineligible amounts (e.g., vertical scope shares).

Lynx Air shows the whole cycle:

The monitor reported that there would be no distribution to unsecured creditors, where employees' severance beyond WEPP ranks, because the secured lender was about $58 million short54.

Part 3If the business carries on

What happens to my job if the business is sold?#

Often a buyer keeps many of the staff, and in Ontario your service generally carries over. The rest are let go, with the claims described above.

  • Mountain Equipment Co-op: 1,290 of about 1,500 employees, 86%, moved to the buyer in 202055.
  • Technicolor Canada: 207 employees went to the buyer of its animation division56.
  • Sinobec Group, a Montréal metals distributor: the sale did not provide for the buyer to keep anyone57.

In Ontario, if the buyer of a business employs you, your employment is "deemed not to have been terminated or severed" and your years count, unless you're hired more than 13 weeks later (ESA s. 9).

When someone else pays: Nordstrom Canada

Nordstrom Canada wound down its stores under the CCAA in 202358. Its U.S. parent funded a trust for employees' statutory minimum termination entitlements, with "No funds from any of the Nordstrom Canada Entities"59; about $14.6 million went to employees60. The monitor's verdict:

From the recordNordstrom Canada · Eighth Report of the Monitor, Feb. 21, 2024, para. 5.19(a)

The Employee Trust enabled eligible employees to obtain highlighted: payment in full of their statutory entitlements on a timely basis, rather than waiting to receive a partial, pro rata distribution under the Plan.

The trust excluded anyone who resigned before their termination date61.

What if the company is sold by reverse vesting order?#

Then WEPP is harder to get, and in October 2026 the question is before the courts. A reverse vesting order sells the company's shares and moves debts the buyer doesn't want, sometimes laid-off staff's claims, into a shell company with little or no money.

Just for Laughs, the Montréal comedy-festival group, let about 100 people go in June 2024 with no notice62. Most of its companies were sold this way, and the court declared WEPP available to their staff:

From the recordJust for Laughs · Judgment (WEPPA), Aug. 27, 2024, para. 32

The problem or 'mischief' sought to be cured by WEPPA is the absence of a solvent employer who can pay wages owing to former employees. … In the case of both an asset sale and a reverse vesting order, employees who have lost their jobs have highlighted: no solvent employer from whom they can claim lost wages.

The Attorney General of Canada was refused leave to appeal, the Court of Appeal noting that the declaration "does not speak to eligibility"63. Service Canada then refused those employees because their wages had been "transferred to another company" [translation]64; in May 2025, 48 were still uncompensated65.

Synaptive Medical, a Toronto maker of surgical navigation products, emerged from its CCAA in 2025 keeping about 81 employees; the contracts of 48 it had let go went to a residual company66. WEPP would cover about $375,040.50 of the $903,417.03 they were owed67. Over Canada's opposition, the court declared the residual company a former employer, 475 days after filing68. Canada is seeking leave to appeal; the employees' lawyers wrote in September, "They have not been paid"69 (our post on Synaptive).

Other cases wait: at Iovate, the monitor's request was adjourned indefinitely once the Attorney General said it would oppose7071, and Freshstone's until the Synaptive leave motion is decided72.

What is a key employee retention plan?#

A bonus a company in a restructuring pays a few people it can't do without, if they stay to a set date. Courts approve them, and they are common in large cases.

No statute mentions them. Approving U.S. Steel Canada's in 2014, an Ontario court weighed whether the people mattered to the business, whether they would likely leave, whether the board and monitor supported the plan, and whether it paid out once the restructuring was done73.

  • Hudson's Bay: up to $3.0 million for 121 key employees, about 78% at store level74, then up to $527,500 for five people in 202675.
  • Stornoway Diamonds: about $477,00076, put into trust so the money would be there whatever happened in the sale process or with the mine's environmental obligations77; every payment was made by January 202678.
  • Pride Group, a Mississauga trucking group: refused at first for lack of funding79, then approved at up to $1.8 million, held in trust by the monitor80. About $0.6 million was left because some employees resigned before qualifying81; it went to the wind-down82.

If the company makes a deal with its creditors, are employees paid?#

The priority part, yes. A court cannot approve a proposal or a CCAA plan unless it pays employees, right after approval, at least what the $2,000 priority would have given them, plus all wages for work done between the filing and approval.

It is a floor (BIA s. 60(1.3); CCAA s. 6(5)): severance can be cut with other unsecured claims, and a CCAA that ends in sales with no plan never reaches it. Of the plans and proposals in the record that have a class for employees' claims, 66 of 72 provide for paying that class in full. Most of those classes are the employees' priority claims, and 14 of the 66 plans are not shown approved.

Part 4Pensions, benefits and unions

What happens to my pension?#

Money taken from your pay for a pension plan and never sent to it, and the employer's regular contributions, are secured ahead of the bank. Until 2027, a shortfall in the plan itself is protected only for some employers.

Sections 81.5 and 81.6 secure on all the company's assets the unpaid deductions from employees' pay and the employer's "normal cost" and defined-contribution payments, after the payroll-deduction trusts and the $2,000. The plan must be regulated by federal or provincial pension law (General Rules s. 59.1), and a proposal or CCAA plan must pay these amounts too, unless the parties agree otherwise with the pension regulator's approval (BIA s. 60(1.5)–(1.6); CCAA s. 6(6)–(7)).

Since April 27, 2023, the Pension Protection Act has added a plan's deficit to that security. For an employer that already had a plan on April 26, 2023, it applies only from April 27, 2027.

  • Canadoil Forge: the receiver treated $56,159.99 of RRSP contributions taken from pay and never remitted as an s. 81.6 priority84, and the court authorized paying it after a two-week window for objections85. That was one receiver's view, not a rule for RRSPs.
  • Accuride Canada: its two defined-benefit plans had surpluses of about $4.7 million and $460,000 before fees, which the monitor's framework sends to their members, not creditors86.
  • Hudson's Bay: the registered plan was "more than fully funded"87, but executive top-up pensions to 196 retirees stopped at once88 (our post on the trusts behind them).

U.S. Steel Canada, now Stelco, filed in 2014 with a large hole in its plans:

From the recordU.S. Steel Canada (Stelco) · Endorsement (initial order), Sept. 16, 2014, para. 17

However, on a solvency funding basis, the aggregate liabilities in USSC's main pension plans would be $3.7 billion, while the estimate aggregate value of the assets held in the main pension plans is $2.9 billion. This leaves a highlighted: solvency deficiency of $838.7 million.

All five main plans were later wound up in surplus, which the pension trustees call "much faster than anyone hoped or expected"89; in August 2026 they asked to pay more than $150 million more to about 11,400 pensioners90, twelve years after the filing (our post on U.S. Steel Canada).

What happens to my health and dental benefits?#

They can stop on your last day, and a claim for lost benefits has no priority.

Neither the Bankruptcy and Insolvency Act nor the CCAA gives group health, dental or life insurance any priority; the Pension Protection Act's printed summary suggests otherwise, but none of its enacted sections does so. In Ontario, an employer must keep up benefit contributions through the statutory notice period, whether the notice is worked or paid out (ESA guide).

Hudson's Bay's monitor reported:

From the recordHudson's Bay · Supplement to the Thirteenth Report of the Monitor, Feb. 10, 2026, para. 4.3(b)

all terminated employees' group benefits, including extended health benefits, dental benefits and life insurance, were terminated as of highlighted: their termination date, and no benefits or pay in lieu of benefits was received as part of any notice period;

Benefits for about 2,200 retirees ended on April 30, 202591. After talks between the employees' lawyers, the company and its lenders, a February 2026 order set up hardship programs, mainly for about 157 former employees on long-term disability, from money the lenders had claimed9293. At Metroland, benefits ended "the last day of the month of your last day at work"94.

Will anyone represent the employees in court?#

Often, in a large CCAA. Unionized staff have their union; for non-union employees or retirees, a court can appoint one law firm, paid from the estate, that acts for you unless you opt out.

If you're in a union

In a CCAA, a collective agreement "remains in force", cannot be disclaimed, and the court "shall not alter its terms" (CCAA s. 32(9)(b); s. 33(1), (8)). In a proposal it also "remains in force" and cannot be disclaimed (BIA s. 65.11(10)(c); s. 65.12(6)).

Accuride Canada's Unifor plant closed under a winddown agreement with the union, approved as "the product of extensive negotiations"95. CUPE's request to represent Lynx Air's cabin crew was "dismissed by agreement" when the court let it have their contact details96.

Court-appointed lawyers

Neither insolvency Act mentions them. In U.S. Steel Canada's case the court said that "Current and former employees of a company in proceedings under the CCAA are vulnerable generally on their own"97. The record shows such appointments in at least nine cases, Nordstrom Canada's for about 2,300 employees among them9899. Hudson's Bay's court explained:

From the recordHudson's Bay · Reasons for Decision, May 1, 2025, para. 14

Current and former employees of the Applicants are highlighted: a key stakeholder group in these CCAA Proceedings. They have faced and will continue to face significant uncertainty and challenges.

Its order covered non-union current and former employees and retirees, with a 30-day opt-out, but not their registered pension entitlements100. Mountain Equipment Co-op's court declined, "at this time" and with leave to reapply, because each employee had been sent the company's calculation to accept or dispute101.

Part 5Your next steps

What to do now#

The trustee or monitor is the first call about your claim and WEPP, but it acts for the estate, not for you. An employment lawyer can tell you what your contract and the common law give you, which can exceed the statutory minimum, and whether the directors are liable.

How to find the case#

Search the company's name on Proceedings: each case in the record has a page with the court orders and the officer's reports in date order. The trustee's or monitor's website has them too, and in large cases an FAQ for employees. The Office of the Superintendent of Bankruptcy keeps a paid search of insolvency records and a list of CCAA filings.

Questions people ask#

What is the WEPP maximum for 2026?

$9,275, for a bankruptcy or receivership on or after January 1, 2026. For one in 2025 it is $8,844.22.

Is WEPP taxable?

Yes. You receive a T4A slip, and Québec residents a Relevé 1 as well.

Does WEPP affect EI?

Yes. It counts as earnings for EI, must be reported, and can cause an overpayment.

Is WEPP severance pay?

It covers severance and termination pay, but last: each payment goes first to unpaid wages, then expenses, vacation pay, termination pay and finally severance.

How does WEPP work in Québec?

It is the same federal program. If it leaves wages unpaid, CNESST can also pursue the directors of a bankrupt company, once you file a wage complaint and your proof of claim reaches the trustee in time (6 months for a federally incorporated company, 12 for a Québec one). It cannot claim notice of termination from them.

How long does WEPP take?

Service Canada aims to decide within 35 days of having all the information; the trustee usually has 45 days to send its part.

Is the WEPP proof of claim the same as the application?

No. The proof of claim goes to the trustee or receiver, the application to Service Canada. You need both.

Does a company have to pay severance if it goes bankrupt?

It still owes it, as an ordinary unsecured debt paid from whatever is left after the lenders and priority claims. Often WEPP is all employees see of it.

What happens to my pension if my company goes out of business?

Unremitted contributions are secured ahead of the bank. A plan's deficit is too, but for employers that already had a plan on April 26, 2023, only from April 27, 2027.

Part 6Sources and the record

Sources#

Court filings

Each source links to the filing's entry on its case page.

  1. Hudson's Bay. Reasons for Decision, May 1, 2025, para. 8 ↩
  2. Hudson's Bay. Liquidation Sale Approval Order, Mar. 21, 2025 ↩
  3. Hudson's Bay. Supplement to the Thirteenth Report of the Monitor, Feb. 10, 2026, para. 4.2 ↩
  4. Hudson's Bay. Supplement to the Thirteenth Report of the Monitor, Feb. 10, 2026, para. 4.3(d) ↩
  5. Canadoil Forge. Interim Receiver's Report, Aug. 27, 2025, para. 7 ↩
  6. Canadoil Forge. Second Report, Sept. 4, 2025, para. 12(b) ↩
  7. Canadoil Forge. Fourth Report, Oct. 9, 2025, para. 23 and table ↩
  8. Canadoil Forge. Fifth Report, Feb. 20, 2026, para. 19(f) ↩
  9. Canadoil Forge. Sixth report, July 21, 2026, para. 21(d) and statement of receipts and disbursements ↩
  10. Lynx Air. FAQ for employees, Feb. 22, 2024, Q1 ↩
  11. Synaptive Medical. Notice of WEPP, Apr. 17, 2025 (no para.) ↩
  12. Vic Van Isle Construction. First Report of the Receiver, May 24, 2023, para. 15 ↩
  13. Vic Van Isle Construction. Third Report of the Receiver, Jan. 18, 2024, para. 28 ↩
  14. Leon Mfg. and Ram Industries. Receiver's First Report, Oct. 11, 2024, paras. 1–2, 9 ↩
  15. Leon Mfg. and Ram Industries. Fifth Report of the Receiver, Aug. 31, 2026, paras. 31–34 and Sched. 'D' ↩
  16. Leon Mfg. and Ram Industries. Receiver's Third Report, May 22, 2025, paras. 20, 22 ↩
  17. Leon Mfg. and Ram Industries. Order (Distribution and Discharge of Receiver), Sept. 3, 2026, para. 5 ↩
  18. Leon Mfg. and Ram Industries. Fifth Report of the Receiver, Aug. 31, 2026, paras. 39–40 ↩
  19. Leon Mfg. and Ram Industries. Fifth Report of the Receiver, Aug. 31, 2026, para. 49 ↩
  20. Lynx Air. FAQ for employees, Feb. 22, 2024, Q8 ↩
  21. Lynx Air. Seventh Report of the Monitor, Nov. 29, 2024, para. 18 ↩
  22. Lynx Air. FAQ for employees, Feb. 22, 2024, Q3 ↩
  23. Stornoway Diamonds. First Report of the Proposed Monitor, Oct. 26, 2023, para. 43 ↩
  24. Accuride Canada. Eighth Report, July 24, 2026, para. 39 ↩
  25. Lynx Air. Reasons for Decision (2025 ABKB 182), Mar. 27, 2025, para. 58 ↩
  26. Comark (Bootlegger, cleo, Ricki's). Fourth Report of the Monitor, May 9, 2025, para. 7.3 ↩
  27. Accuride Canada. Eighth Report, July 24, 2026, para. 43 ↩
  28. Metroland Media. FAQ about your distribution, Oct. 29, 2024 (no para.) ↩
  29. Mountain Equipment Co-op. Monitor's Seventeenth Report, Nov. 17, 2023, para. 5.2 ↩
  30. Accuride Canada. Claims Procedure Order, Oct. 3, 2025, para. 45(b) ↩
  31. Accuride Canada. Claims Procedure Order, Oct. 3, 2025, para. 47(b) ↩
  32. Metroland Media. Third Amended Proposal, Dec. 11, 2023, s. 4.2 ↩
  33. Hudson's Bay. Fourth Report of the Monitor, May 29, 2025, ss. 7.4–7.5 ↩
  34. Hudson's Bay. Ninth Report of the Monitor, Sept. 22, 2025, paras. 5.3–5.5 ↩
  35. Hudson's Bay. Eleventh Report of the Monitor, Dec. 8, 2025, para. 5.4 ↩
  36. Hudson's Bay. Tenth Report of the Monitor, Oct. 17, 2025, para. 4.5 ↩
  37. Mountain Equipment Co-op. Distribution Order, Mar. 29, 2022, para. 4(b), (h) ↩
  38. Lynx Air. FAQ for employees, Feb. 22, 2024, Q4 ↩
  39. Lynx Air. Amended and Restated Initial Order, Mar. 1, 2024, para. 12 ↩
  40. SaltWire Network. First Report of the Monitor, Mar. 19, 2024, s. 8.0, para. 3 ↩
  41. SaltWire Network. WEPP Order (Headline), Mar. 25, 2024, para. 1 ↩
  42. SaltWire Network. Order (stay extension, DIP amendment, WEPP declaration), Aug. 8, 2024, para. 7 ↩
  43. Technicolor Canada. Third Report of the Trustee (French), May 8, 2025, para. 27 ↩
  44. Stornoway Diamonds. Application (WEPP and KERP Trust), May 24, 2024, paras. 12, 14 ↩
  45. Stornoway Diamonds. WEPP and KERP Trust Order, May 28, 2024, para. 7 ↩
  46. BZAM. Eleventh Report of the Monitor, July 29, 2025, para. 47 ↩
  47. BRR Logistics. Endorsement, Feb. 27, 2024, para. 9 ↩
  48. BRR Logistics. Order (Stay Extension and WEPPA), Apr. 15, 2024, para. 4 ↩
  49. Leon Mfg. and Ram Industries. Receiver's Third Report, May 22, 2025, para. 18 ↩
  50. Vic Van Isle Construction. Second Report of the Receiver, Aug. 15, 2023, para. 21 ↩
  51. Lynx Air. Seventh Report of the Monitor, Nov. 29, 2024, para. 19(b) ↩
  52. Lynx Air. Seventh Report of the Monitor, Nov. 29, 2024, para. 21 ↩
  53. Lynx Air. Eighth Report of the Monitor, Feb. 3, 2025, para. 21 ↩
  54. Lynx Air. Seventh Report of the Monitor, Nov. 29, 2024, paras. 42–43 ↩
  55. Mountain Equipment Co-op. Monitor's Twelfth Report, Mar. 23, 2022, s. 6.0 (no para.) ↩
  56. Technicolor Canada. Motion re WEPP eligibility (French), Apr. 8, 2025, para. 16 ↩
  57. Sinobec Group. Application (Stay Extension and WEPPA Order), Oct. 3, 2025, para. 37 ↩
  58. Nordstrom Canada. First Report of the Monitor, Mar. 8, 2023, para. 1.1 ↩
  59. Nordstrom Canada. First Report of the Monitor, Mar. 8, 2023, App. A (Pre-Filing Report, Mar. 1, 2023), para. 11.2 ↩
  60. Nordstrom Canada. Eighth Report of the Monitor, Feb. 21, 2024, para. 3.1 ↩
  61. Nordstrom Canada. First Report of the Monitor, Mar. 8, 2023, App. A (Pre-Filing Report, Mar. 1, 2023), para. 11.6 ↩
  62. Just for Laughs. Judgment (WEPPA), Aug. 27, 2024, paras. 7–8 ↩
  63. Just for Laughs. Court of Appeal judgment (leave), Nov. 1, 2024, para. 17 ↩
  64. Just for Laughs. Eighth Report of the Monitor, Jan. 24, 2025, para. 80 ↩
  65. Just for Laughs. Tenth Report of the Monitor, May 19, 2025, s. A (WEPP item b; no para.) ↩
  66. Synaptive Medical. WEPP Reasons, July 7, 2026, para. 1 ↩
  67. Synaptive Medical. WEPP Reasons, July 7, 2026, para. 15(a), (c) ↩
  68. Synaptive Medical. Order (WEPP Relief), July 7, 2026, para. 2 ↩
  69. Synaptive Medical. Responding Factum (leave), Sept. 21, 2026, para. 67 ↩
  70. Iovate Health Sciences. Stay Extension Order, June 25, 2026, para. 3 ↩
  71. Iovate Health Sciences. Sixth Report of the Monitor, Sept. 16, 2026, para. 6 ↩
  72. Freshstone Brands. Factum of the Applicant (ARVO), Sept. 25, 2026, para. 6 ↩
  73. U.S. Steel Canada (Stelco). Endorsement, Oct. 22, 2014, paras. 27–33 ↩
  74. Hudson's Bay. First Report of the Monitor, Mar. 16, 2025, paras. 8.25, 8.29 ↩
  75. Hudson's Bay. Sixteenth Report of the Monitor, June 24, 2026, paras. 6.1–6.2, 6.5 ↩
  76. Stornoway Diamonds. First Report of the Proposed Monitor, Oct. 26, 2023, paras. 56, 72 ↩
  77. Stornoway Diamonds. Third Report of the Monitor, Jan. 22, 2024, para. 85 ↩
  78. Stornoway Diamonds. KERP Trust Termination Notice, Jan. 6, 2026 (no para.) ↩
  79. Pride Group. Endorsement, Sept. 26, 2024, para. 36 ↩
  80. Pride Group. Second Endorsement, Oct. 19, 2024 (reasons for the Oct. 10, 2024 orders), para. 35 ↩
  81. Pride Group. Thirty-Sixth Report of the Monitor, Jan. 27, 2026, para. 47 ↩
  82. Pride Group. Order (KERP Surplus Funds), Feb. 9, 2026, paras. 3, 5 ↩
  83. SaltWire Network. Third Report of the Monitor, June 19, 2024, s. 5.0, para. 4 ↩
  84. Canadoil Forge. Sixth report, July 21, 2026, para. 26 ↩
  85. Canadoil Forge. Interim Distribution Order, July 23, 2026, paras. 8–9 ↩
  86. Accuride Canada. Seventh Report, Mar. 19, 2026, paras. 24, 31–35, 41 and n. 4 ↩
  87. Hudson's Bay. Reasons for Decision, May 1, 2025, para. 11 ↩
  88. Hudson's Bay. Supplement to the Thirteenth Report of the Monitor, Feb. 10, 2026, para. 4.3(g) ↩
  89. U.S. Steel Canada (Stelco). Factum of the Pension Trustees, Aug. 20, 2026, para. 2 ↩
  90. U.S. Steel Canada (Stelco). Factum of the Pension Trustees, Aug. 20, 2026, para. 1 ↩
  91. Hudson's Bay. Supplement to the Thirteenth Report of the Monitor, Feb. 10, 2026, para. 4.3(c) ↩
  92. Hudson's Bay. Supplement to the Thirteenth Report of the Monitor, Feb. 10, 2026, paras. 4.5, 4.8–4.11, 4.18, 4.21–4.22 ↩
  93. Hudson's Bay. Hardship Programs Order, Feb. 11, 2026 ↩
  94. Metroland Media. Terminated Employees FAQ, Sept. 2023, Q. K (no para.) ↩
  95. Accuride Canada. Endorsement (Plant Winddown), Dec. 12, 2024, para. 3 ↩
  96. Lynx Air. Ninth Report of the Monitor, Sept. 15, 2025, paras. 7–8 ↩
  97. U.S. Steel Canada (Stelco). Endorsement, Oct. 22, 2014, paras. 35–42 ↩
  98. Nordstrom Canada. First Report of the Monitor, Mar. 8, 2023, App. A (Pre-Filing Report, Mar. 1, 2023), para. 12.5 ↩
  99. Nordstrom Canada. Thirteenth Report of the Monitor, Dec. 10, 2025, para. 1.8(c)(v) ↩
  100. Hudson's Bay. Employee Representative Counsel Order, May 5, 2025, paras. 3, 8, 11 ↩
  101. Mountain Equipment Co-op. Reasons for Judgment (2020 BCSC 2037), Dec. 21, 2020, paras. 12(c), 53 ↩

Laws and official pages

Official pages were checked on October 10, 2026.

The full record#

Every CCAA or notice-of-intention proceeding in the record begun from January 1, 2024 to June 30, 2026 in which a court declared that the employer met the Wage Earner Protection Program's conditions, so that its laid-off employees could apply: 43 in all. The declaration came a median of 88 days after the filing. The first ten, in order of filing:

CompanyProvinceProceedingFiledWEPP declaration
Humble & FumeONCCAAJanuary 5, 2024February 5, 2024
Tool Shed BrewingABNotice of intentionJanuary 31, 2024April 23, 2024
BRR LogisticsONNotice of intentionFebruary 1, 2024April 15, 2024
Collision KingsABCCAAFebruary 7, 2024February 14, 2024
Factory Direct (RLogistics)ONNotice of intentionFebruary 7, 2024February 15, 2024
Lynx AirABCCAAFebruary 22, 2024March 1, 2024
The Body Shop (Canada)ONNotice of intention, then CCAAMarch 1, 2024December 13, 2024
Just for LaughsQCNotice of intention, then CCAAMarch 5, 2024August 27, 2024
SaltWire (Halifax Herald)NSCCAAMarch 13, 2024March 25, 2024
Wavestar NetworksONProposalMarch 17, 2024April 16, 2024

The full table, all 43 cases with the number of employees, the wages and vacation pay owed, any retention plan and how each case has ended so far, every figure cited to the filing it came from, is for subscribers.

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Analysis is editorial; every factual claim cites the record. The record itself never editorializes.

Facts and summaries are extracted automatically from the court filings linked on each page; the filings remain the authoritative record. Suggested corrections are reviewed against the source filings.