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
Brendan Peters Domain names are the addresses we type into our internet browsers to be taken to a website, like ‘stewartmckelvey.com’. Even easy-to-remember domain names can be confused with similar ones, making them a vector…
Read MoreAmendments to come for more flexibility to correct contribution errors in defined contribution plans
Level Chan and Rachel Abi Daoud On February 4, 2022 the federal government released a set of draft legislative proposals (“Draft Legislation”) amending the Income Tax Act (“Act“) and Income Tax Regulations (“Regulations“). The draft…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brittany Trafford There are many advantages to employing temporary foreign workers (“TFW”) in Canada to address labour gaps and skills shortages, but employers who undertake…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brendan Sheridan The majority of foreign nationals coming to work in Canada require a work permit to provide their services with limited exceptions. While there…
Read MoreMark Tector and Will Wojcik On February 23rd, 2022, the Government of Nova Scotia announced that it will remove all public health restrictions by March 21, 2022, putting an end to approximately two years of…
Read MoreProvincial mandates, and the advice of public health have required employers to constantly adapt and implement changes to their workplace for the better part of the last two years – it isn’t over yet. Revocation…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brendan Sheridan Employers applying for Labour Market Impact Assessment (“LMIA”) applications generally must complete advertising and recruitment as part of this application. The minimum advertising…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Sara Espinal Henao The Atlantic Immigration Pilot Program has finally become a permanent immigration pathway. Designated employers in Atlantic Canada will be able to continue…
Read MoreAndrew Burke, Colleen Keyes, Gavin Stuttard and David Slipp As clients prepare for the upcoming proxy season, COVID-19 continues to impact our business and personal lives. Consequently, companies may need or decide to hold shareholder…
Read MoreKatharine Mack On January 1, 2021 the Workplace Harassment and Violence Prevention Regulations (“Regulations”) under the Canada Labour Code came into effect. These Regulations significantly expanded obligations of federally regulated employers with respect to preventing…
Read More