Federal holiday declared to honour Queen’s death on September 19, 2022, but Atlantic provinces divided on whether to declare the holiday for private sector businesses
G. Grant Machum and Ben Currie
On Tuesday, September 13, 2022, Prime Minister Justin Trudeau declared a federal holiday on Monday, September 19, 2022 to honour the death of Queen Elizabeth II. Minister of Labour Seamus O’Regan later clarified that the holiday will only be for federal government employees, and federally regulated employers will be “welcomed to follow suit.” Provinces in Atlantic Canada are divided on whether to declare the holiday in the private sector.
The following summarizes the position of each province in Atlantic Canada regarding whether the holiday will apply to private sector employers:
Nova Scotia
September 19, 2022 will not be a statutory holiday; therefore, private sector employers will decide whether to remain open and will not be required to provide additional pay for employees who work on September 19.
Most private employers in Nova Scotia so far are not treating September 19 as a holiday.
Newfoundland and Labrador
Similarly, in Newfoundland and Labrador, September 19, 2022 is not a statutory holiday and private sector employers will be permitted to decide whether to open. As a result, additional pay will not be required for employees who are required to work on September 19.
New Brunswick
New Brunswick will similarly make September 19, 2022 optional as a holiday for private sector employers and additional pay will not be required for those employees who work on September 19.
Prince Edward Island
Prince Edward Island will declare a one-time statutory holiday for all provincially regulated workers on September 19, 2022. This applies to private sector employers since Prince Edward Island has declared September 19, 2022 as a statutory holiday for the purpose of the Employment Standards Act (“ESA”). Therefore, additional pay will be required for employees who are required to work on September 19, 2022 pursuant to the ESA.
This update is intended for general information only. If you have questions about the above, please contact the authors.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
RECENT DEVELOPMENTS: DISABILITY INSURANCE POLICIES & LIMITATION PERIODS IN NOVA SCOTIA Two recent Nova Scotia decisions have clarified the issue of limitation periods in disability insurance policies and “rolling” limitation periods. THORNTON V. RBC…
Read MoreSection 156 of the Excise Tax Act (the “ETA“) provides an election that relieves certain related parties from having to collect Harmonized Sales Tax (“HST“) on the goods and services sold between them. The election deems qualifying…
Read MoreIN THIS ISSUE: More Than Wind – Emergence of Tidal Energy in Atlantic Canada by Sadira Jan Aquaculture and Salmon Farming in Atlantic Canada by Greg Harding The Expanding Atlantic Canada Offshore Industry: Growing Offshore without Going Offside by Stephen Penney and Rebecca…
Read MoreThe Supreme Court of Canada’s unanimous decision in the breach of contract case Bhasin v Hrynew, 2014 SCC 71 was released on November 13, 2014. The case is important in the law of contracts because…
Read MoreOn June 20, 2014, the Government of Canada announced a series of reforms to overhaul the Temporary Foreign Worker Program (“TFWP”). These reforms, many of which are effective immediately, function to: Re-organize the TFWP The…
Read MoreThe Editor’s Corner Clarence Bennett Summer is halfway over, but we know you will want to take this edition along with you while you enjoy more summer weather and time out of the office. Employers…
Read MoreOn June 26, 2014, the Supreme Court of Canada released one of the most significant aboriginal law decisions since Marshall – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (also known as the William decision). This decision could have…
Read MoreIn Industrial Alliance Insurance and Financial Services Inc. v. Brine, 2014 NSSC 219, National Life (and later its successor Industrial Alliance) alleged Brine had received undisclosed CPP and Superannuation disability benefits resulting in a substantial overpayment of…
Read MoreAny individual, business or organization that uses email, text messages or social networks to promote their products and services should take note of Canada’s Anti-Spam Legislation and its accompanying regulations. Effective July 1, 2014, the…
Read MoreIN THIS ISSUE: Consistent Use: The Collection of Union Members’ Personal Information by their Union by Alison Strachan and Jonah Clements. Single Incident of Offensive and Threatening Facebook Post is Just Cause by Harold Smith, QC. The New Anti-Spam Law –…
Read More