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
Joe Thorne1 and Giles Ayers2 Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable evidence, and permit litigants to assess their legal exposure…
Read MoreOn July 14, 2016 the Supreme Court of Canada issued a significant decision affecting federally regulated employers across Canada. In Wilson v. Atomic Energy of Canada Limited the Court held that the purpose of the unjust dismissal…
Read MoreOn April 1, 2016 New Brunswick’s Mortgage Brokers Act came into force, requiring businesses acting as mortgage brokerages or as mortgage administrators in New Brunswick to be licensed. A mortgage brokerage is a business that on behalf…
Read MoreIn May 2016, the Federal Court of Canada confirmed that copyright does not protect facts, even where a book’s author is clearly inspired by the content of a film (Maltz v. Witterick, 2016 FC 524 (CanLII)).…
Read MoreBy Jennifer Taylor “…firms of notaries or lawyers…must not be turned into archives for the tax authorities”1 So says the Supreme Court of Canada in one of two highly anticipated decisions on solicitor-client privilege, offering lawyers…
Read MoreJoe Thorne1 and Clara Linegar2 As joint owners of a business, what do you do when the business relationship falls apart? And what if one owner undermines the business in the process? In Smith v Hillier,3 Justice Paquette…
Read MoreThe Supreme Court of Canada has dismissed the appeals in Bruce Brine v. Industrial Alliance Insurance and Financial Services Inc.1 (with costs) and Luciano Branco, et al. v. Zurich Life Insurance Company Limited, et al.(without costs). Both of…
Read MoreOn May 4, 2016, the Nova Scotia Pooled Registered Pension Plans Act (“PRPP Act”) was proclaimed in force, and finalized Pooled Registered Pension Plan Regulations were released. While there were no major changes from the previously released draft regulations, the proposed rules…
Read MoreBy Level Chan and Dante Manna Pooled Registered Pension Plans (“PRPPs”) are closer to becoming a reality for Nova Scotian employers. PRPPs were established by the Federal government in an effort to address the lack of retirement savings…
Read MoreIn a case where there is a contributorily negligent plaintiff and two or more negligent defendants, can the plaintiff recover 100% of her damages from any of the defendants? The answer in Nova Scotia is…
Read More