DIVISION V — General Holidays

191Definitions history

The following definitions apply in this Division.

employed in a continuous operation means, in respect of an employee, employment in

(a)

any industrial establishment in which, in each seven-day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period;

(b)

any operations or services concerned with the running of trains, planes, ships, trucks or other vehicles, whether in scheduled or non-scheduled operations;

(c)

any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or

(d)

any operation or service normally carried on without regard to Sundays or general holidays. (occupé à un travail ininterrompu)

holiday pay means pay calculated in accordance with section 196. (indemnité de congé)

holiday with pay means a holiday for which an employee is entitled to holiday pay. (congé payé)

R.S., 1985, c. L-2, s. 191; 2012, c. 31, s. 220

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192Entitlement to holidays history

Except as otherwise provided by this Division, every employee is entitled to and shall be granted a holiday with pay on each of the general holidays falling within any period of his employment.

R.S., c. L-1, s. 48

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193General holiday falling on day off history

(1)

Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.

Alternative day for holiday falling on non-working Saturday or Sunday

(2)

Except as otherwise provided by this Division, when New Year’s Day, Canada Day, National Day for Truth and Reconciliation, Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday.

R.S., 1985, c. L-2, s. 193; 2021, c. 11, s. 5

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194Exemption under collective agreement history

Section 193 does not apply in respect of any employees who are employed under the terms of a collective agreement that entitles those employees to at least nine holidays with pay, exclusive of any annual vacation, in each year.

R.S., c. L-1, s. 50; 1977-78, c. 27, s. 15

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195Substitution — employees subject to collective agreement history

(1)

An employer may, in respect of one or more employees subject to a collective agreement, substitute any other day for a general holiday if the substitution is agreed to in writing by the employer and the trade union, and the substituted day shall, for that employee or those employees, be deemed to be a general holiday for the purposes of this Part.

Substitution — employees not subject to collective agreement

(2)

Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, substitute any other day for a general holiday and the substituted day shall, for that employee or those employees, be deemed to be a general holiday for the purposes of this Part, if the substitution has been approved

(a)

in the case of a substitution that affects one employee, by that employee in writing; or

(b)

in the case of a substitution that affects more than one employee, by at least 70% of the affected employees.

Posting of notice

(3)

If any other day is to be substituted for a general holiday under subsection (2), the employer shall post a notice of the substitution in readily accessible places where it is likely to be seen by the affected employees, for at least 30 days before the substitution takes effect.

Exception

(4)

Subsection (3) does not apply to a substitution in respect of one employee following a request made under subsection 177.1(1).

R.S., 1985, c. L-2, s. 195; 1993, c. 42, s. 21; 2017, c. 33, s. 203

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195.1Voting, duration history

Sections 172.1 and 172.2 apply, with such modifications as the circumstances require, in respect of the substitution of a general holiday pursuant to this Division.

1993, c. 42, s. 21

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196Holiday pay history

(1)

Subject to subsections (2) and (4), an employer shall, for each general holiday, pay an employee holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that the employee earned with the employer in the four-week period immediately preceding the week in which the general holiday occurs.

Employees on commission

(2)

An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs.

(3)

[Repealed, 2018, c. 27, s. 458]

Continuous operation employee not reporting for work

(4)

An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday

(a)

on which they do not report for work after having been called to work on that day; or

(b)

for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed

(i)

require them to be available, or

(ii)

allow them to make themselves unavailable.

(5)

[Repealed, 2018, c. 27, s. 458]

R.S., 1985, c. L-2, s. 196; 2012, c. 31, s. 221; 2018, c. 27, s. 458

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197Additional pay for holiday work history

(1)

An employee who is required to work on a day on which they are entitled to holiday pay shall be paid, in addition to the holiday pay for that day, wages at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day.

Employment in continuous operation

(2)

An employee employed in a continuous operation who is required to work on a day on which they are entitled to holiday pay shall

(a)

be paid in accordance with subsection (1);

(b)

be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer; or

(c)

be paid holiday pay for the first day on which they do not work after that day, if a collective agreement that is binding on the employer and the employee so provides.

(3)

[Repealed, 2018, c. 27, s. 459]

R.S., 1985, c. L-2, s. 197; 1993, c. 42, s. 22(F); 2001, c. 34, s. 18(F); 2012, c. 31, s. 221; 2018, c. 27, s. 459

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198 history

[Repealed, 2012, c. 31, s. 221]

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199Holiday work for managers, etc. history

Despite section 197, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which they are entitled to holiday pay shall be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer.

R.S., 1985, c. L-2, s. 199; 2012, c. 31, s. 222

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200Holiday pay deemed to be wages history

Holiday pay granted to an employee is for all purposes deemed to be wages.

R.S., 1985, c. L-2, s. 200; 2012, c. 31, s. 222

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201Application of section 189 history

Section 189 applies for the purposes of this Division.

R.S., 1985, c. L-2, s. 201; R.S., 1985, c. 9 (1st Supp.), s. 8; 1993, c. 42, s. 24; 2012, c. 31, s. 222