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Statutory Holiday Rules

General rules about statutory holidays, including paid time off and eligibility for workers.

Sections

1. Overview of Statutory Holidays in Canada

Statutory holidays (also called public holidays) are days recognized by federal or provincial/territorial governments where employees are entitled to a day off with pay. These holidays are designed to celebrate national or cultural events and provide workers with rest.

Canada has federal statutory holidays that apply nationwide, as well as provincial/territorial statutory holidays that vary depending on the region. Employers and employees must adhere to the rules set by the jurisdiction in which they work.

2. National Regulations

Federal Statutory Holidays

The following are the 9 federal statutory holidays observed across Canada for employees under federal jurisdiction (e.g., banks, airlines, telecommunications, and federal government employees):

  1. New Year’s Day (January 1)
  2. Good Friday (Friday before Easter Sunday)
  3. Victoria Day (Monday before May 25)
  4. Canada Day (July 1, or July 2 if July 1 falls on a Sunday)
  5. Labour Day (First Monday in September)
  6. National Day for Truth and Reconciliation (September 30)
  7. Thanksgiving Day (Second Monday in October)
  8. Remembrance Day (November 11) – Not a statutory holiday in all provinces.
  9. Christmas Day (December 25)

Provincial/Territorial Statutory Holidays

Each province and territory may have additional statutory holidays. For example:

  • Family Day: Observed in February in several provinces (e.g., Alberta, Ontario, British Columbia).
  • Louis Riel Day: Observed in Manitoba.
  • St. Jean Baptiste Day: Observed in Quebec (June 24).
  • Heritage Day: Observed in Nova Scotia.
  • Civic Holiday: Observed in many provinces on the first Monday in August (not a statutory holiday everywhere).

Eligibility for Statutory Holiday Pay

Eligibility rules vary by jurisdiction, but generally, employees must:

  • Have worked a certain number of days or hours in the previous weeks (e.g., 30 days in the last 12 months in some provinces).
  • Work their scheduled shifts before and after the holiday (unless they have a valid reason for absence).

3. General Costs for Employers

Employers are responsible for paying employees for statutory holidays. The costs include:

  1. Holiday Pay: Employees are entitled to their average daily wage for the holiday. This is typically calculated based on earnings in the previous pay period.
  2. Overtime Pay for Working on a Holiday: If an employee works on a statutory holiday, they are entitled to:
    • Their regular holiday pay plus 1.5x or 2x their regular hourly wage for hours worked (depending on the jurisdiction).
    • Alternatively, some provinces allow employers to provide a substitute day off with pay.

Example:

  • If an employee earns $150/day and works 8 hours on a statutory holiday at $20/hour:
    • Holiday Pay: $150
    • Overtime Pay: $20 x 8 x 1.5 = $240
    • Total: $390

Employer Considerations:

  • Employers must budget for these additional costs, especially in industries that require employees to work on holidays (e.g., retail, healthcare, hospitality).
  • Failure to comply with statutory holiday pay rules can result in penalties or legal disputes.

4. Standard Procedures for Employees

Entitlement to a Day Off

  • Most employees are entitled to a day off on a statutory holiday. If the holiday falls on a weekend, the day off is typically moved to the following Monday.

Requesting Time Off

  • Employees do not need to request statutory holidays off, as they are automatically granted. However, if an employee is required to work, they may negotiate a substitute day off.

Tracking Hours and Pay

  • Employees should keep track of their hours worked and ensure their holiday pay is calculated correctly. If there are discrepancies, they can contact their employer or the relevant provincial/territorial labor board.

5. Country-Specific Considerations

Cultural and Regional Variations

  • Canada is a multicultural country, and statutory holidays often reflect its diverse heritage. For example:
    • St. Jean Baptiste Day in Quebec celebrates French-Canadian culture.
    • National Day for Truth and Reconciliation honors Indigenous peoples and raises awareness of the legacy of residential schools.
  • Some holidays, like Remembrance Day, are observed differently across provinces. For instance, it is a statutory holiday in Alberta but not in Ontario.

Holiday Shopping and Business Closures

  • On statutory holidays, many businesses, government offices, and schools are closed. However, essential services (e.g., hospitals, public transportation) and some retail stores may remain open, often with reduced hours.

Religious and Cultural Accommodations

  • While statutory holidays are secular or Christian in origin, employers are encouraged to accommodate employees who observe other religious or cultural holidays (e.g., Eid, Diwali, Hanukkah). This may involve granting unpaid leave or allowing employees to use vacation days.

6. Key Points by Province/Territory

Here is a quick summary of notable differences across provinces and territories:

| Province/Territory | Unique Statutory Holidays | Notes | |---------------------|---------------------------|-------| | Alberta | Family Day (February) | Remembrance Day is a statutory holiday. | | British Columbia| BC Day (August) | Family Day is observed on a different date than other provinces. | | Manitoba | Louis Riel Day (February)| Remembrance Day is not a statutory holiday. | | Ontario | None | Civic Holiday is not a statutory holiday. | | Quebec | St. Jean Baptiste Day | Does not observe Thanksgiving as a statutory holiday. | | Nova Scotia | Heritage Day (February) | Fewer statutory holidays compared to other provinces. | | Northwest Territories | National Indigenous Peoples Day (June 21) | Unique to the territory. |

7. Practical Tips for Visitors and Immigrants

  • Plan Ahead: If you are visiting Canada, check the statutory holidays in the province you are traveling to, as many services may be closed.
  • Understand Your Rights: Immigrants entering the workforce should familiarize themselves with the statutory holiday rules in their province/territory to ensure they receive proper pay and entitlements.
  • Cultural Participation: Participating in public celebrations (e.g., Canada Day fireworks, Thanksgiving dinners) is a great way to experience Canadian culture.

8. Resources for Further Information

By understanding these rules and cultural nuances, both employers and employees can navigate statutory holidays effectively while respecting Canada’s diverse traditions.