Earlier today, the chamber released an Advocacy Snapshot regarding statutory holiday rules, parts of which created generated some confusion. The following information aims to provide clarification regarding regulations on business obligations on this year’s Canada Day.
In cases where a statutory holiday falls on a Sunday, such as Canada Day 2018, mandatory closures are moved to the following Monday. Therefore, mandatory business closures for Canada Day in 2018 will fall on Monday, July 2.
Rules regarding public holiday pay vary depending on whether a public holiday falls on:
a day that is ordinarily a working day for the employee;
a day that is not ordinarily a working day for the employee or that is a day on which the employee is on vacation.
Public Holiday on a Working Day:
If the holiday falls on a day that would ordinarily be a working day for the employee, they are entitled to have the day off with public holiday pay. Alternatively, the employer and employee may agree that the employee will instead work the public holiday, in which case, the employee is entitled to their regular wages for the hours they worked on the day, plus either a substitute day off with public holiday pay or pay-plus-premium-pay for each hour worked on the holiday.
Public Holiday on a Non-Working Day:
If the holiday falls on a day that would not ordinarily be a working day for the employee or a day when the employee is on vacation, they are entitled to a substitute day off with public holiday pay, provided that the employee is not on pregnancy or parental leave, or on a temporary layoff. However, the employer and the employee may agree that the employee will instead be paid public holiday pay for the day (in which case there is no substitute day off).
For more information, see here and here.