Marie-Yosie Saint-Cyr, LL.B. Managing Editor
On June 20, 1868, a proclamation signed by the Governor General Lord Monck called upon all Her Majesty’s loving subjects throughout Canada to join in the celebration of the anniversary of the formation of the union of the British North America provinces in a federation under the name of Canada on July 1.
The employment/labour standards legislation of every Canadian jurisdiction makes Canada Day a public (statutory) holiday. Most employees get a day off with regular pay or public holiday pay (depending on the province or territory of employment). If the employee is required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (depending on the jurisdiction).
Under the federal Holidays Act, Canada Day is observed on July 1. The only exception is if July 1 falls on a Sunday, it is observed the following business day, which is Monday. As it turns out, this year July 1 falls on Wednesday. Right in the middle of a work week. Creating a very weird work schedule. But no worries, after 2015, Canada Day will fall on days that will create a long weekend for the following four years.
For certain employees, Wednesday, July 1st, may not be a day they will receive as the holiday. Depending on the jurisdiction, employment/Labour standards legislation allows an employer to substitute another working day for the employee to take off work if the employer meets certain conditions. A substitute holiday is another working day off work that is designated to replace a statutory holiday. Eligible employees are entitled to be paid statutory holiday pay for a substitute holiday. For specific requirements for your jurisdiction, consult the Library section of HRinfodesk or the legislation/regulations.
We are assuming a lot of people will be taking it off covertly. This will not be a long weekend for employees unless they use some of their vacation days to make it happen. Some workplaces will provide a greater benefit to employee by creating a de facto extra-long weekend, ending July 1 or starting July 1.
As for retail businesses and commercial establishments, in accordance with local Shops’ Closing Acts, Retail Business Holiday Acts, Urban Municipality Acts, Commercial Establishments Business Hours Acts or Days of Rest Acts, provinces such as Ontario, Quebec and the Atlantic provinces must close retail businesses and commercial establishments on July 1, Canada Day (or July 2 if July 1 is a Sunday). These same Acts and municipalities (through bylaws) may further restrict hours of operation or allow certain businesses and those in designated tourist areas to open regardless.
In Newfoundland and Labrador, where July 1 is also Memorial Day, there is a different rule under the Shops’ Closing Act. (Memorial Day commemorates the heavy loss of life in the Newfoundland Regiment on the first day of the Battle of the Somme during World War I). This rule ensures that the Memorial and Canada Day holiday takes place on July 1, even if it falls on a Sunday.
In the province of Quebec, many home leases start on July 1 and last for exactly one year. Hence, many people in Quebec spend Canada Day moving their possessions from one house to another. In this province, Canada Day is also known as Moving Day.
Again, for specific requirements for your jurisdiction, consult the Library section of HRinfodesk or the law.
Happy Canada Day! and enjoy your events in your towns, cities, and by your municipal governments.
Employees can be dismissed for cause, and therefore without notice or severance, when their misconduct or performance is so egregious that the employment relationship has been irreparably harmed. In assessing this issue, employers must adopt a contextual approach, which considers not only the misconduct in question, but the entirety of the employment relationship.
Rudner Law, Employment / HR Law & Mediation
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Marie-Yosie Saint-Cyr, LL.B. Managing Editor
This year, Canada Day (July 1) falls on a Thursday. Unlike some public holidays, which shift dates in order to provide a long weekend, Canada Day is to be celebrated on the day it falls. This year, there has been much discussion of the fact that it creates a situation in which many people have Thursday off, and are then expected to return to work for one day before enjoying their weekend.
Rudner Law, Employment / HR Law & Mediation