Publication
title
The National Holiday: Last Minute Legislative Changes
DATE
June 14, 2007
EXPERTISE
On June 7, 2007, the National Assembly unanimously adopted legislation amending the National Holiday Act and the Act respecting hours and days of admission to commercial establishments. The amendments came into force on June 8 and therefore apply immediately.
From now on, June 24, the day of the National Holiday, will always be a statutory public holiday, even if it falls on a Sunday, as is the case in 2007. The holiday will no longer be moved to June 25, unless Sunday is not a regular working day for the employee. For purposes of the Act respecting hours and days of admission to commercial establishments, the National Holiday and Canada Day will no longer be moved to the following day when the holiday falls on a Sunday.
References to these statutory holidays in collective agreements must also be read in accordance with the amendments.
Pursuant to the new provisions, an employee who ordinarily works on a Sunday is entitled to paid leave on Sunday, June 24. Of course, as in the past, an employee who does not ordinarily work on a Sunday is entitled to paid leave on Monday, June 25. If the employee is on annual leave on June 24, the employer must grant the employee the compensatory holiday on a date agreed upon between them or pay the employee the stipulated indemnity.
Finally, if an employee works in an establishment where, by reason of the nature of its activities, work is not interrupted on June 24, the employer must grant the employee paid leave on the working day preceding or following June 24, or pay the employee the indemnity stipulated by law.
The purpose of this document is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Ogilvy Renault LLP or any member of the firm on the points of law discussed.
© Ogilvy Renault LLP 2007 - All Rights Reserved
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