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
Chad Sullivan and Kathleen Nash In a recent decision from the New Brunswick Court of Appeal, Abrams v RTO Asset Management, 2020 NBCA 57, the court clarified the procedure for seeking summary judgment and addresses…
Read MoreKathleen Leighton In Canada, foreign nationals have various options to obtain either “employer-specific” or “open” work permits – we discuss this distinction in greater detail here. Open work permits can be obtained by individuals in…
Read MoreGiles Ayers and Joe Thorne Introduction Balancing a municipal budget has always been a challenging task in Newfoundland and Labrador, and this is particularly true in a year of extreme weather events and a global…
Read MoreWe are pleased to present the third installment of Beyond the border, a publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers of…
Read MoreHarold M. Smith, QC and G. John Samms Effective Monday, August 24, 2020, an order directing the mandatory wearing of masks, pursuant to the Public Health and Protection Act and the Special Measures Orders made…
Read MoreGerald McMackin, QC and Christopher Marr, TEP New Brunswick joined the rest of Canada in enacting legislation that deals solely with powers of attorney when the Enduring Powers of Attorney Act (“Act”) came into force…
Read MoreMurray Murphy, QC, CPHR and Kate Jurgens Three new bills have been introduced in the most recent sitting of the Prince Edward Island legislature. In the employment setting Bill 38 aims to address the prevalence…
Read MoreJennifer Taylor The Supreme Court of Canada has finally put an end to the “waiver of tort” debate. After years of uncertainty, a majority of the Court confirmed in Atlantic Lottery Corp Inc…
Read MoreStephen Penney and Justin Hewitt As municipalities begin opening up recreational facilities in Alert Level 2 of the COVID-19 public health emergency implemented by the Provincial Government, Municipalities Newfoundland and Labrador has been receiving inquiries…
Read MoreThere is no obligation upon a municipality to reduce a business tax due to limited operations secondary to the COVID-19 pandemic. A municipality does, however, have the discretion to offer business tax relief. If a…
Read More