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 a Monday, hence, employees get a day off on Monday, July 1, 2013.
For certain employees, Monday, 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. For specific requirements for your jurisdiction, consult the Library section of HRinfodesk or the legislation/regulations.
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.
Again, for specific requirements for your jurisdiction, consult the Library section of HRinfodesk or the law.
Happy Canada Day!
First Reference Human Resources and Compliance Managing Editor
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