Client Update: Isn’t Canada Day always on July 1? (updated)
Grant Machum and Sheila Mecking
While most people think Canada Day is on July 1st, once every 6 years, July 1st falls on a Sunday. When that happens, according to federal legislation, Canada Day is legally observed on July 2nd.
The Holidays Act is a federal legislation that provides for three specific holidays to be observed nationally; Remembrance Day, Victoria Day, and Canada Day. The Act provides that Canada Day is to be observed on July 1st, except if it falls on a Sunday. In that case, Canada Day is observed as a legal holiday on July 2nd.
Why does this matter?
July 1st, 2018 falls on a Sunday.
Employment standards legislation in each Atlantic Province outlines how employees are to be compensated on public holidays. In Nova Scotia (who has recently amended the regulations under their employment standards legislation), and Newfoundland and Labrador, Canada Day is observed on July 1st, regardless of what day of the week it is.
In New Brunswick and on Prince Edward Island, employment standards legislation does not designate a specific date for Canada Day, which means that when Canada Day falls on a Sunday, it will be observed on July 2nd, in accordance with the Holidays Act.
What observing Canada Day on July 2nd means for employers
- When Canada Day is observed on July 2nd, July 1st is to be treated the same as any other Sunday would be treated.
- Provincial employment standards legislation that outlines time off and compensation for Canada Day applies for July 2nd.
What must employers pay their employees who work on a public holiday?
- Although most retail businesses are required to be closed on public holidays, the legislation exempts some businesses; therefore, some employees are asked to work on public holidays.
- When paying employees who work on a public holiday, check your employment standards legislation which differ from province to province with respect to pay and/or a substitute paid day off.
Archive
We are pleased to present the seventh issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. While ‘back to school’ may look a little different this year, Stewart McKelvey is…
Read More2021: The Year of the Overshare Richard Niedermayer, TEP, Sarah Almon and Madeleine Coats Governments around the world are taking steps to increase transparency at the expense of privacy. In Canada, federal government strategies to…
Read MoreKoren Thomson and Sarah Byrne On November 17, 2020, the Digital Charter Implementation Act, 2020 (“Act”) was introduced as Bill C-11. This is the first major update to the federal private sector privacy regime in…
Read MoreJennifer Thompson The Federal Government has released draft Regulations under the Pay Equity Act (“the Act”), almost 11 months after the Act received Royal Assent. The Act, which is not yet in force, makes significant…
Read MoreKathleen Leighton Employers often wonder what steps they need to take to hire international talent, including what support they must provide to enable a foreign worker to obtain proper work authorization in Canada. This is…
Read MoreKathleen Leighton Express Entry system Express Entry is a system that enables skilled foreign nationals who are looking to settle in Canada indefinitely to apply for permanent residency status. This system prioritizes individuals who are…
Read MoreKatharine Mack The federal government has recently announced a series of changes to be made to benefit programs rolled out in response to the COVID-19 pandemic. The extension or expansion of these benefits and support…
Read MoreChad Sullivan and Kathleen Nash In late June 2020, the Federal Government released the official version of the new Work Place Harassment and Violence Prevention Regulations¹ (“Regulations”) along with Bill C-65, the federal anti-harassment and…
Read MoreSara Espinal Henao Canada wants entrepreneurs. With a strong and stable economy, world leading growth opportunities across industries, and a highly educated workforce, it is a great place to build a dynamic business that can…
Read MoreKillian McParland Earlier today, the Supreme Court of Canada released a new decision with significant implications for employers in Matthews v. Ocean Nutrition Canada Ltd. While the underlying case came out of Nova Scotia, it…
Read More