Paid Holidays

Alberta - Statutory Holidays

Division 5 - General Holidays and General Holiday Pay


General holidays in Alberta

25 The following days are general holidays in Alberta:

(a) New Year’s Day,

(b) Alberta Family Day,

(c) Good Friday,

(d) Victoria Day,

(e) Canada Day,

(f) Labour Day,

(g) Thanksgiving Day,

(h) Remembrance Day,

(i) Christmas Day,

(j) any other day designated, by regulation, as a general holiday by the Lieutenant Governor in Council, and

(k) any other day designated as a general holiday under an agreement between an employer and employees, or otherwise designated as a general holiday by an employer.

1996 cE-10.3 s25


Eligibility for general holiday pay

26(1) An employee is eligible for general holiday pay if the employee has worked for the same employer for 30 work days or more in the 12 months preceding the general holiday.

(2) An employee is not entitled to general holiday pay if the employee

(a) does not work on a general holiday when required or scheduled to do so, or

(b) is absent from employment without the consent of the employer on the employee’s last regular work day preceding, or the employee’s first regular work day following, a general holiday.

1996 cE-10.3 s26


Resolving doubts about general holiday pay entitlements

27(1) If an employee works an irregular schedule and there is doubt about whether a general holiday is on a day that would normally have been a work day for the employee, the doubt is to be resolved in accordance with subsection (2).

(2) If in at least 5 of the 9 weeks preceding the work week in which the general holiday occurs the employee worked on the same day of the week as the day on which the general holiday falls, the general holiday is to be considered a day that would normally have been a work day for the employee.

1996 cE-10.3 s27


General holiday pay - not working on a normal work day

28 If

(a) a general holiday falls on a day that would normally have been a work day for the employee, and

(b) an employee does not work on the general holiday,

the employer must pay the employee general holiday pay of an amount that is at least the average daily wage of the employee.

1996 cE-10.3 s28


General holiday pay - working on a normal work day

29 If a general holiday is on a day that would normally have been a work day for an employee and the employee works on the general holiday, the employer must comply with clause (a) or (b):

(a) pay the employee general holiday pay of

(i) an amount that is at least the average daily wage of the employee, and

(ii) an amount that is at least 1.5 times the employee’s wage rate for each hour of work of the employee on that day,

or

(b) provide the employee with

(i) an amount that is at least the employee’s wage rate times each hour of work on that day, and

(ii) one day’s holiday, not later than the employee’s next annual vacation, on a day that would normally be a work day for the employee, and general holiday pay for that day of an amount that is at least the employee’s average daily wage.

1996 cE-10.3 s29


General holiday pay - working on unscheduled work day

30 If

(a) a general holiday is on a day that is not normally a work day for an employee, and

(b) the employee works on the general holiday,

the employer must pay the employee general holiday pay of an amount that is at least 1.5 times the wage rate of the employee for each hour of work on that day.

1996 cE-10.3 s30


General holiday during annual vacation

31(1) If a general holiday occurs during an employee’s annual vacation, the employer must, if the general holiday is one to which the employee would have been entitled had the employee not been on annual vacation, give the employee a holiday with general holiday pay of a sum that is at least equal to the average daily wage of the employee.

(2) The general holiday must be taken

(a) on what would have been the employee’s first day back to work after the annual vacation, or

(b) by agreement with the employee, on another day after the annual vacation that would normally be a working day for the employee, and provide it before the employee’s next annual vacation.

1996 cE-10.3 s31


Incentive pay - hourly wage for calculating general holiday pay

32(1) If an employee is paid entirely on commission or other incentive‑based remuneration, then, for the purpose of calculating pay for time worked on a general holiday, the employee’s wage rate is deemed to be the minimum wage prescribed by the regulations.

(2) If an employee is paid partly by salary and partly by commission or other incentive‑based remuneration, then, for the purpose of calculating pay for time worked on a general holiday, the employee’s wage rate

(a) is based on the salary component of the wages, if the salary component is greater than the minimum wage, or

(b) is deemed to be the minimum wage, if the salary component of the employee’s wages is equal to or less than the minimum wage.

1996 cE-10.3 s32


Effect of general holiday on overtime calculation

33 When an employee works on a general holiday and is paid general holiday pay of at least 1.5 times the employee’s wage rate for each hour worked, the hours worked are not to be counted for the purpose of calculating any entitlement to overtime pay under Part 2, Division 4, Overtime and Overtime Pay, for the work week in which the general holiday occurs.
 

British Columbia - Statutory Holidays

Part 5 — Statutory Holidays
Entitlement to statutory holiday

44. An employer must comply with section 45 or 46 in respect of an employee who has been employed by the employer for at least 30 calendar days before the statutory holiday and has

(a) worked or earned wages for 15 of the 30 calendar days preceding the statutory holiday, or

(b) worked under an averaging agreement under section 37 at any time within that 30 calendar day period.
Statutory holiday pay

45 (1) An employee who is given a day off on a statutory holiday, or is given a day off instead of the statutory holiday under section 48, must be paid an amount equal to at least an average day's pay determined by the formula
amount paid ÷ days worked
where
amount paid is the amount paid or payable to the employee for work that is done during and wages that are earned within the 30 calendar day period preceding the statutory holiday, including vacation pay that is paid or payable for any days of vacation taken within that period, less any amounts paid or payable for overtime, and
days worked is the number of days the employee worked or earned wages within that 30 calendar day period.

(2) The average day's pay provided under subsection (1) applies whether or not the statutory holiday falls on the employee's regularly scheduled day off.
If employee is required to work on statutory holiday

46. An employee who works on a statutory holiday must be paid for that day

(a) 1 1/2 times the employee's regular wage for the time worked up to 12 hours,

(b) double the employee's regular wage for any time worked over 12 hours, and

(c) an average day's pay, as determined using the formula in section 45 (1).
Repealed

47 [Repealed 2002-42-23.]
Substituting another day for a statutory holiday

48 (1) An employer may for one or more employees at a workplace substitute another day off for a statutory holiday if the employer and the employee or a majority of those employees, as the case may be, agree to the substitution.

(2) Any employees affected by the substitution of another day for a statutory holiday have the same rights under this Act and their employer has the same duties under this Act as if the other day were a statutory holiday.

(3) An employer must retain for 2 years records of agreements made under subsection (1).

Canada (Federal) - Statutory Holidays

Division V
General Holidays

Definition of "employed in a continuous operation"
191. In this Division, the expression “employed in a continuous operation” refers to 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 and 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 public holidays.
R.S., c. L-1, s. 47.

Entitlement to holidays
192. 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.

General holiday falling on day off
193. (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, 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., c. L-1, s. 49; R.S., c. 17(2nd Supp.), s. 13; 1977-78, c. 27, s. 14.

Exemption under collective agreement
194. 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.

Substituted holidays
195. (1) An employer may, in respect of employees subject to a collective agreement, substitute any other holiday for a general holiday if the substitution is agreed to in writing by the employer and the trade union, and the substituted holiday shall, for those employees, be deemed to be a general holiday for the purposes of this Part.

Idem

(2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, substitute any other holiday for a general holiday if the substitution has been approved by at least seventy per cent of the affected employees, and the substituted holiday shall, for those employees, be deemed to be a general holiday for the purposes of this Part.

Posting of notice

(3) Where any other holiday is to be substituted for a general holiday pursuant to 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 thirty days before the substitution takes effect.
R.S., 1985, c. L-2, s. 195; 1993, c. 42, s. 21.

Voting, duration
195.1 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.

Weekly or monthly pay not to be reduced for holiday
196. (1) Where the wages for an employee are calculated on a weekly or monthly basis, the weekly or monthly wages of the employee shall not be reduced for a week or month in which a general holiday occurs by reason only that the employee did not work on the general holiday.

Pay at daily or hourly rate
(2) An employee whose wages are calculated on a daily or hourly basis shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at his regular rate of wages for his normal hours of work.

Pay on other basis
(3) An employee whose wages are calculated on any basis other than a basis mentioned in subsection (1) or (2) shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at his regular rate of wages for his normal working day.
R.S., c. L-1, s. 52.

Additional pay for holiday work
197. Except in the case of an employee employed in a continuous operation, an employee who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be paid, in addition to his regular rate of wages for that day, at a rate at least equal to one and one-half times his regular rate of wages for the time that the employee worked on that day.
R.S., 1985, c. L-2, s. 197; 1993, c. 42, s. 22(F); 2001, c. 34, s. 18(F).

Holiday work in continuous operation employment
198. An employee employed in a continuous operation who is required to work on a day on which the employee is entitled under this Division to a holiday with pay
(a) shall be paid, in addition to his regular rate of wages for that day, at a rate at least equal to one and one-half times his regular rate of wages for the time that the employee worked on that day;
(b) shall be given a holiday and pay in accordance with section 196 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; or
(c) shall, where a collective agreement that is binding on the employer and the employee so provides, be paid in accordance with section 196 for the first day on which the employee does not work after that day.
R.S., 1985, c. L-2, s. 198; 1993, c. 42, s. 23(F); 2001, c. 34, s. 19(F).

Holiday work for managers, etc.
199. Notwithstanding sections 197 and 198, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be given a holiday and pay in accordance with section 196 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.
1977-78, c. 27, s. 17.

Holiday pay
200. Pay granted to an employee for a general holiday on which the employee does not work shall for all purposes be deemed to be wages.
R.S., c. L-1, s. 55.

Exceptions
201. (1) An employee who does not work on a general holiday is not entitled to be paid for the general holiday if, during the thirty days immediately preceding the general holiday, the employee is not entitled to wages
(a) for at least fifteen days; or
(b) where the employee is working under a schedule established or modified pursuant to section 170, for at least the number of days calculated or determined pursuant to any regulations made under section 201.1.

Idem
(2) No employee who is employed in a continuous operation is entitled to be paid for a general holiday
(a) on which the employee did not report for work after having been called to work on that day; or
(b) in respect of which the employee makes himself unavailable to work in accordance with the conditions of employment in the industrial establishment in which the employee is employed.

Exception
(3) Subsection (1) does not apply with respect to an employee, other than an employee who is working under a schedule established or modified pursuant to section 170, whose terms and conditions of employment with respect to hours of work are such that the employee is unable to establish entitlement to wages on at least fifteen days during the thirty calendar days immediately preceding a general holiday.

Calculation of holiday pay
(4) An employee described in subsection (3) is not entitled to a holiday with pay referred to in section 193 in respect of any general holiday on which the employee does not work, but, notwithstanding section 196, the employee is entitled to be paid 1/20th of the wages he has earned during the thirty calendar days immediately preceding that general holiday.
R.S., 1985, c. L-2, s. 201; R.S., 1985, c. 9 (1st Supp.), s. 8; 1993, c. 42, s. 24.

Regulations
201.1 The Governor in Council may make regulations setting out the manner of calculating or determining the number of days for the purpose of paragraph 201(1)(b).
1993, c. 42, s. 25.

Holiday during first 30 days of employment
202. (1) An employee is not entitled to pay for a general holiday that occurs in his first thirty days of employment with an employer if the employee does not work on that day, but if required to work on the general holiday the employee shall be paid at a rate at least equal to one and one-half times his regular rate of wages for the time that the employee worked on that day, unless the employee is employed in a continuous operation in which case the employee is entitled to his regular rate of wages for the time that the employee worked on that day.

Employment
(2) For the purposes of this section, a person shall be deemed to be in the employment of another person when that person is available at the call of that other person, whether or not that person is called on to perform any work therefor.
R.S., 1985, c. L-2, s. 202; 2001, c. 34, s. 20(F).

Manitoba - Statutory Holidays

DIVISION 4

GENERAL HOLIDAYS

Definitions

21(1) The following definitions apply in this Division.

"day off", in relation to a general holiday, means

(a) the day of the holiday, if the holiday falls on a day that would normally be a workday for the employee and the employee does not work that day; or

(b) another day that the employee is given off under subsection 25(2) or 26(2). (« jour de congé »)

"eligible employee" means an employee who is eligible under section 22 for holiday pay. (« employé admissible »)

"general holiday" means any of the following days:

(a) New Year's Day;

(a.1) Louis Riel Day (the third Monday in February);

(b) Good Friday;

(c) Victoria Day;

(d) Canada Day;

(e) Labour Day;

(f) Thanksgiving Day;

(g) Christmas Day;

(h) any other day designated by regulation as a general holiday. (« jour férié »)

"holiday pay" means the wage payable by an employer to an eligible employee for a general holiday or for a day off in relation to a general holiday. (« indemnité de jour férié »)


Day off in addition to annual vacation

21(2) A day off in relation to a general holiday is to be given in addition to an employee's annual vacation.

S.M. 2006, c. 26, s. 14; S.M. 2007, c. 18, s. 1.


Eligibility for holiday pay

22(1) An employee is eligible for holiday pay in relation to a general holiday unless

(a) the employee is absent on his or her first scheduled workday before or after the holiday without the employer's consent; or

(b) the holiday falls on a day that would normally be a workday for the employee, and the employee

(i) is required or scheduled to work on the holiday, and

(ii) is absent on that day without the employer's consent.


Employer's consent to employee's absence

22(2) For the purpose of subsection (1), an employer is deemed to have consented to the absence of an employee if the employee is absent

(a) on a leave to which he or she is entitled or which he or she has been given by the employer; or

(b) because he or she is ill.

S.M. 2006, c. 26, s. 14.


Amount of holiday pay

23(1) An eligible employee's holiday pay in relation to a general holiday must not be less than the employee's wage for regular hours of work on a normal workday in the pay period

(a) in which the employee receives a day off in relation to the holiday; or

(b) in which the holiday occurs, if the employee does not receive a day off.


Employee with varying wages

23(2) Despite subsection (1), an eligible employee's holiday pay in relation to a general holiday is 5% of the employee's total wages, excluding overtime wages, for the four-week period immediately preceding the holiday, if the employee's wage for regular hours of work on a normal workday cannot be determined because

(a) the number of hours worked in a normal workday varies from day to day; or

(b) the employee's wage for regular hours of work varies from pay period to pay period.

S.M. 2006, c. 26, s. 14.


Determining overtime for pay period that includes day off

24 For the purpose of determining an eligible employee's overtime under Division 3 for a pay period in which the employee was given a day off in respect of a general holiday, the employee is deemed to have worked the regular hours of work that he or she would normally have worked on that day off.

S.M. 2006, c. 26, s. 14.


Employee works on general holiday

25(1) Subject to subsection (2), an employee who works on a general holiday is entitled to be paid

(a) for the hours worked, at the overtime wage rate; and

(b) holiday pay for that day.


Exception — employment in certain businesses

25(2) If the employee works in a continuously operating business, seasonal business, place of amusement, gasoline service station, hospital, hotel or restaurant, or in domestic service, the employer may, instead of complying with subsection (1),

(a) pay the employee for the hours worked on the general holiday as if it were not a general holiday; and

(b) give the employee a day off, with holiday pay, on another day that would normally have been a workday for the employee,

(i) within 30 days after the general holiday, with at least two days' notice of the day to be taken off, or

(ii) if the employee agrees, within any longer period but before the employee's next annual vacation.


Definitions

25(3) The following definitions apply in subsection (2).

"continuously operating business" means a business that in a week usually operates day and night without interruption until completion of the regular operation of the business. (« entreprise à production ininterrompue »)

"seasonal business" means a business that in each year suspends operations for one or more periods of at least three weeks each owing to a fluctuation in market demand that is characteristic of the business or related to the ripening of a crop. (« entreprise saisonnière »)

S.M. 2006, c. 26, s. 14.


Holiday pay for day off

26(1) An eligible employee is entitled to holiday pay for a day off in relation to a general holiday.


Day off for general holiday not falling on workday

26(2) If the general holiday falls on a day that would not normally be a workday for the employee,

(a) subject to clause (b), the employer must give the employee a day off, with holiday pay, on a day that would normally be a workday for the employee,

(i) before the employee's next annual vacation, or

(ii) at any later time agreed to by the employee; and

(b) if the general holiday falls on a Saturday or Sunday, the employer must give the employee a day off, with holiday pay, on the employee's first workday after the holiday.

S.M. 2006, c. 26, s. 14.


Employment terminated before day off

27 If an eligible employee's employment is terminated before the day off to be given under subsection 25(2) or 26(2) is taken, the employer must pay the holiday pay, along with any other wages payable on termination, in accordance with section 86 (wages to be paid within certain time).

S.M. 2006, c. 26, s. 14.


Substitution of other day for general holiday

28(1) An employer may substitute another day for a general holiday if the substitution is made

(a) in accordance with a collective agreement; or

(b) with the agreement of the bargaining agent for the employees or, where the employees do not have a bargaining agent, with the written agreement of a majority of the employees;

and the substituted day is within 12 months of the general holiday.


Substituted day is deemed general holiday

28(2) A day substituted for a general holiday under subsection (1) is deemed to be a general holiday for the purpose of this Code.

Onus

28(3) The onus is on the employer to establish that the substitution of a day for a general holiday is done in accordance with subsection (1).

S.M. 2006, c. 26, s. 14.


Former employee's entitlement

29(1) If an employee's employment is terminated, other than by the employee, less than four weeks before a general holiday,

(a) the employee is entitled to holiday pay for that holiday equal to 5% of his or her total wages, excluding overtime wages, for the four-week period immediately preceding the holiday; and

(b) the holiday pay is payable in accordance with section 86 (wages to be paid within certain time).


Portion of wage in lieu of notice

29(2) For the purpose of clause (1)(a), the employee's total wages for the four-week period includes the portion of the wage in lieu of notice payable under clause 61(1)(b), if any, that would have been payable as a wage if the employee had remained employed and worked his or her regular hours of work throughout the applicable notice period.

S.M. 2006, c. 26, s. 14.


Construction employees

30. If an employee is employed in construction,

(a) the employer must pay the employee the overtime wage rate for any hours worked on a general holiday;

(b) before the end of each year or on termination of the employment, whichever occurs first, the employer must pay the employee, as holiday pay for all general holidays in the year, an amount equal to 4% of the employee's wages for the year, other than overtime wages, whether or not the employee works on any of the holidays; and

(c) subsection 21(2) and sections 22 to 29 do not apply to the employee.

New Brunswick - Statutory Holidays

PUBLIC HOLIDAYS
18(1) This section does not apply to an employee who
(a) has been in the employ of his present employer for fewer than ninety days during the previous twelve calendar months immediately preceding a public holiday;
(b) Repealed: 1988, c.59, s.3.
(c) without reasonable cause fails to work his scheduled regular day of work preceding or following a public holiday;
(d) has agreed to work on a public holiday and, without reasonable cause, fails to report for and perform the work;
(e) is employed under an arrangement whereby the employee elects to work when requested to do so.

18(2) Subject to subsections (3), (4) and (5), an employer shall give to an employee a holiday on each public holiday and pay to the employee his regular wages for each public holiday.

18(3) Where a public holiday falls on a working day for an employee, an employer may with the agreement of the employee or his agent substitute another working day for the public holiday, which day shall not be later than the next vacation of the employee, and the day so substituted shall be deemed to be the public holiday.

18(4) Where a public holiday falls on a non-working day for an employee or in his vacation an employer shall
(a) with the agreement of the employee or his agent pay the employee his regular wages for the public holiday; or
(b) designate a working day that is not later than the next vacation of the employee, and the day so designated shall be deemed to be the public holiday.

18(5) Notwithstanding subsection (3), where an employee is employed in a hotel, motel, tourist resort, restaurant, tavern or any continuous operation, and the employee is required because of the nature of the operation to work, and works on a public holiday, the employer shall
(a) pay the employee in accordance with subsection 19(1); or
(b) pay the employee for each hour worked on a public holiday an amount not less than his regular wages and give to the employee a holiday on his first working day immediately following his next vacation or on a working day agreed upon and pay him his regular wages for that day.

18(6) For the purposes of subsection (5) “continuous operation” means that part of an establishment, industry or service in which in each seven day period operations once commenced normally continue day and night without cessation until the completion of the regularly scheduled operations for that period.
1984, c.42, s.11; 1988, c.59, s.3.

19(1) Subject to subsection 18(5), where an employee works on a public holiday the employer shall pay to the employee for time worked not less than one and one-half times his regular rate of wages and, where the employee is entitled to the holiday with pay, his regular wages in addition thereto.

19(1.1) In subsection (1) “regular wages” means the wages the employee would have received had he not worked on the public holiday.

19(2) Where an employee works on a public holiday, the hours that the employee works on the public holiday shall not be taken into consideration in calculating any overtime pay to which the employee is entitled for the work week in which the public holiday occurs.
1984, c.42, s.12; 1988, c.59, s.4.

20. Where the employment of an employee ceases before the day that is substituted, designated or given for the public holiday under subsection 18(3) or paragraphs 18(4)(b) or 18(5)(b), the employer shall pay to his employee, in addition to any other payment to which the employee is entitled upon the ceasing of employment, his regular wages for that day.
1984, c.42, s.13.

21(1) Where the wages of an employee vary from day to day, his pay for a public holiday on which he has not worked shall be at least equivalent to his average daily earnings exclusive of overtime for the days on which he worked during the thirty calendar days immediately preceding the public holiday.

21(2) Notwithstanding subsection (1), a route salesman’s pay for a public holiday on which he has not worked shall not increase his earnings for the week of the holiday above his average weekly wages for the preceding four weeks.
1984, c.42, s.14.

22(1) An employee is not entitled to a vacation with pay or a public holiday with pay under this Act if under a collective agreement or contract of employment the employee receives vacation and holiday benefits which together equal or exceed the combined vacation and public holiday benefits provided under this Act.

22(2) For the purpose of subsection (1) a payment of three per cent of wages is equivalent to the public holiday benefits as prescribed by this Act.

22(3) Notwithstanding subsection (1), an employer shall pay to an employee who works on a public holiday for time worked not less than one and one-half times the employee’s regular rate of wages in accordance with subsection 19(1).
1988, c.59, s.5.

23. Where any class of employers or employees is covered by a collective agreement that became effective after July 16, 1976 and provides for a minimum of seven paid holidays, including New Brunswick Day, that class of employers and employees are exempt from the application of sections 18 to 21.

Newfoundland and Labrador - Statutory Holidays

PUBLIC HOLIDAYS



Meaning of "public holiday"

14. (1) In this Part, "public holiday" means

(a) New Year's Day;

(b) Good Friday;

(b.1) Remembrance Day;

(c) Memorial Day;

(d) Labour Day;

(e) Christmas Day; and

(f) other days that may be proclaimed by the Lieutenant-Governor in Council as a public holiday for the purpose of this Act.

(2) A collective agreement within the meaning of the Labour Relations Act may make provision for holidays that differ from the public holidays described in subsection (1) and the holiday set out in the collective agreement shall be considered to be a public holiday for the purposes of applying this Part in respect of employers and employees bound by the collective agreement.

(3) A provision in the collective agreement is void if it reduces or tends to reduce the number of public holidays in a year that an employee would be entitled to under this Part.

1977 c52 s14; 2001 c33 s5



Public holidays

15. (1) An employer shall not require an employee to work under a contract of service on a public holiday.

(2) An employer shall pay to an employee the wages to which the employee would be entitled for work performed during a public holiday notwithstanding that no work is performed by the employee during that public holiday.

(3) The wages to which an employee is entitled under subsection (2) shall be calculated by multiplying the employee's hourly rate of pay by the average number of hours worked in a day by the employee in the 3 weeks immediately preceding the holiday.

1977 c52 s15; 2001 c33 s6



Additional day instead

16. Where a public holiday falls on a day that an employee is not required to work under the contract of service, the employer shall not require that employee to work during the 1st working day immediately following the public holiday, or during another day on which the employer and the employee shall mutually agree, and subsection 15(2) applies as if the day not worked were a public holiday for that employee.

1977 c52 s16



Consent of employer and employee

17. (1) Notwithstanding anything contained in this Part, an employer and employee may agree that a public holiday will be a working day for that employee, and upon the employee working during that day in accordance with the terms of the contract of service, the employer shall, notwithstanding the terms of that contract, and at the option of the employee,

(a) pay to the employee twice the wages properly earned by the employee for that day under the contract of service as if that day were a normal working day;

(b) permit the employee to enjoy 1 full day's holiday within 30 days after the public holiday with the same pay that the employee would be entitled to under subsection 15(2) if that day were a public holiday; or

(c) permit the employee to add to the annual vacation to which the employee is entitled under Part I 1 extra full day with the same pay that the employee would be entitled to under subsection 15(2) if that day were a public holiday.

(2) Notwithstanding paragraph (1)(a), where an employer requires an employee to work on a public holiday for a number of hours that is less than the number of hours that the employee would work if it were a normal working day, the employer shall pay to the employee his or her normal wages for the number of hours worked, plus the wages the employee would have earned if the day were a normal working day.

1977 c52 s17; 1992 c17 s3



Services in the public interest

18. (1) Notwithstanding section 15, an employer engaged in an undertaking that is responsible

(a) for the operation of a public utility service;

(b) for the provision of a service the continuation of which, in the opinion of the minister, is necessary or essential in the public interest; or

(c) for a service traditionally carried on without regard to Sundays or public holidays, including industrial establishments in which operations once begun normally continue without cessation,

may require an employee to fulfil the terms of the contract of service during a public holiday.

(2) Where an employee is required to work under this section during a public holiday and has so worked, the employer shall, notwithstanding the terms of a contract of service and at the option of the employee,

(a) pay to the employee twice the wages properly earned by the employee for that day under the contract of service as if that day were a normal working day; or

(b) permit the employee to enjoy 1 full day's holiday within 30 days after the public holiday with pay to which the employee would be entitled if that day were a public holiday for that employee.

1977 c52 s18; 1992 c17 s4


Some employees excluded

19. (1) Subsection 15(2) does not apply to an employee

(a) where the public holiday occurs within 30 days following the beginning of the employee's employment with the employer;

(b) [Rep. by 2001 c33 s7]

(c) where the employee fails, without just cause or without the consent of the employer, to comply with the contract of service on the regular work day immediately preceding, and the regular work day immediately succeeding, the public holiday, or either of those work days.

(2) Paragraph (1)(b) does not apply to an employee who, in the 30 day period immediately preceding the public holiday, works the number of hours which may be prescribed by the Lieutenant-Governor in Council.

1977 c52 s19; 1992 c17 s5; 2001 c33 s7


Limiting public holidays

20. A proclamation of a public holiday made by the Lieutenant-Governor in Council under paragraph 14(f) may be made applicable to all undertakings or the class of undertakings that may be specified in the order.

Nova Scotia - Statutory Holidays

HOLIDAYS WITH PAY
Employer to grant general holiday

37 (1) In this Section and Sections 38, 39, 40 and 41, "general holiday" means New Year's Day, Good Friday, Canada Day, Labour Day, Christmas Day and a day specified as a general holiday in a regulation, and includes any day substituted for one of those days pursuant to Section 39.

(2) Except as provided by Section 39 and Section 41, every employer shall grant each of his employees a holiday with pay on each general holiday falling within any period of his employment. R.S., c. 246, s. 37.
Alternative holiday

38 Except as otherwise provided in this Act, when a general holiday falls on a day that is a non-working day for an employee, his employer shall grant him a holiday with pay on either

(a) the working day immediately following the general holiday; or

(b) the day immediately following the vacation of the employee, or grant the employee another day agreed upon by the employee and the employer. R.S., c. 246, s. 38.
Substituted holiday

39 An employer may substitute any other holiday for a general holiday in any of the circumstances following:

(a) where a class of employees of an employer is represented by a trade union and the parties to a collective agreement entered into with respect to the terms or conditions of employment of the employees notify the Director in writing that a specified day has been designated in the collective agreement as a holiday with pay in lieu of a general holiday under this Act, the designated day shall, for those employees mentioned in the collective agreement, be a general holiday for the purposes of this Act; or

(b) where no employees of an employer are represented by a trade union or where a class of employees is not provided for under a collective agreement with regard to general holidays, and the employer applies to the Director to substitute another designated holiday for any general holiday under this Act, the Director may, if he is satisfied that a majority of the employees or, as the case may be, that a majority of the class of employees who are not provided for under a collective agreement in regard to general holidays, concur with the application, approve the substitution of the designated holiday for the specified general holiday, and the designated day shall for those employees be a general holiday for the purposes of this Act. R.S., c. 246, s. 39.
Wages not to be reduced or not paid

40 (1) An employer of an employee whose wages are calculated on a weekly or monthly basis shall not reduce his employee's weekly or monthly wages for a week or month in which a general holiday occurs by reason only that the employee does not work on the general holiday.

(2) An employer of an employee whose wages are calculated on a daily or hourly basis shall pay the employee for a general holiday on which he does not work at least the equivalent of the wages he would have paid at the employee's regular rate of wages for his normal hours of work.

(3) An employer of an employee whose wages are calculated on any basis other than a basis mentioned in subsection (1) or (2) shall pay the employee for a general holiday on which he does not work at least the equivalent of the wages he would have paid at the employee's regular rate of wages for his normal working day.

(4) Notwithstanding anything contained in this Act, where an employee is required to work more than forty-eight hours in a week, that employee shall be paid one and a half times the employee's regular hourly wage for each additional hour worked in that week in excess of forty-eight hours. R.S., c. 246, s. 40; 2003 (2nd Sess.), c. 7, s. 10.
Holiday pay at one and one-half times regular rate

41 (1) In this Section and Section 42, "employed in a continuous operation" refers to 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 trucks and other vehicles whether in scheduled or non-scheduled operations;

(c) any telephone or other communication operations or services; or

(d) any operation or service normally carried on without regard to Sundays or public holidays.

(2) Except in the case of an employee employed in a continuous operation, an employer of an employee who is required to work on a day on which he is entitled under this Act to a holiday with pay shall pay that employee an amount equal to the amount he would otherwise have received for that holiday and at a rate at least equal to one and one-half times his regular rate of wages for the time worked by him on that day.

(3) An employer of an employee employed in a continuous operation who is required to work on a day on which he is entitled under this Act to a holiday with pay

(a) shall pay the employee an amount equal to the amount he would otherwise have received for that holiday and at a rate at least equal to one and one-half times his regular rate of wages for the time worked by him on that day; or

(b) shall grant the employee a holiday and pay in accordance with Section 40 on the working day immediately following the annual vacation of the employee or another day agreed upon by the employee and the employer. R.S., c. 246, s. 41.
Entitlement to holiday pay

42 (1) An employee shall be entitled to be paid for a general holiday if

(a) he has received or is entitled to receive pay for at least fifteen days during the thirty calendar days immediately preceding the general holiday; and

(b) he has worked on his scheduled working day immediately preceding and immediately following the holiday.

(2) Clause (b) of subsection (1) shall not apply if the employer has directed the employee not to report for work on his scheduled working day either immediately prior to or following the holiday.

(3) An employee in a continuous operation is not entitled to be paid for a general holiday on which he did not report for work after having been called upon to work on that day.

(4) Where the employment of an employee ceases before the day agreed upon by the employee and the employer as a holiday for the employee under clause (b) of Section 38 or clause (b) of subsection (3) of Section 41, the employer shall pay the employee, in addition to any other payment to which the employee is entitled, at least the equivalent of the wages he would have paid the employee for that day at his regular rate of wages for his normal working day. R.S., c. 246, s. 42; 1991, c. 14, s. 10.
Complaint respecting general holiday

43 (1) An employee who is not granted a general holiday to which he is entitled by this Act may make a complaint to the Director in accordance with Section 21.

(2) The Director shall treat a complaint under subsection (1) which alleges that an employee has not been paid all pay as a complaint under Section 81.

(3) An employee who has made a complaint under subsection (1) and who is not satisfied with the result may make a complaint to the Tribunal in accordance with Section 23. R.S., c. 246, s. 43.

Ontario - Statutory Holidays

PUBLIC HOLIDAYS

Public holiday pay

24. (1) An employee’s public holiday pay for a given public holiday shall be equal to,

(a) the total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20; or

(b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 2000, c. 41, s. 24 (1); 2002, c. 18, Sched. J, s. 3 (12).

Premium pay

(2) An employer who is required under this Part to pay premium pay to an employee shall pay the employee at least one and one half times his or her regular rate. 2000, c. 41, s. 24 (2).

Two kinds of work

25. (1) Subsection (2) applies with respect to an employee if,

(a) an employee performs work of a particular kind or character in a work week in which a public holiday occurs;

(b) the regulations exempt employees who perform work of that kind or character from the application of this Part; and

(c) the duties of the employee’s position also require him or her to perform work of another kind or character. 2000, c. 41, s. 25 (1).

Same

(2) This Part applies to the employee with respect to that public holiday unless the time spent by the employee performing the work referred to in clause (1) (b) constitutes more than half the time that the employee spent fulfilling the duties of his or her position in that work week. 2000, c. 41, s. 25 (2).

Public holiday ordinarily a working day

26. (1) If a public holiday falls on a day that would ordinarily be a working day for an employee and the employee is not on vacation that day, the employer shall give the employee the day off work and pay him or her public holiday pay for that day. 2000, c. 41, s. 26 (1).

Exception

(2) The employee has no entitlement under subsection (1) if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday. 2000, c. 41, s. 26 (2).

Agreement to work, ordinarily a working day

27. (1) An employee and employer may agree that the employee will work on a public holiday that would ordinarily be a working day for that employee, and if they do, section 26 does not apply to the employee. 2000, c. 41, s. 27 (1).

Employee’s entitlement

(2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1),

(a) the employer shall pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or

(b) if the employee and the employer agree, the employer shall pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day. 2000, c. 41, s. 27 (2).

Restriction

(3) A day that is substituted for a public holiday under clause (2) (a) shall be,

(a) a day that is no more than three months after the public holiday; or

(b) if the employee and the employer agree, a day that is no more than 12 months after the public holiday. 2000, c. 41, s. 27 (3).

Where certain work not performed

(4) The employee’s entitlement under subsection (2) is subject to the following rules:

1. If the employee, without reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employee has no entitlement under subsection (2).

2. If the employee, with reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employer shall give the employee a substitute day off work in accordance with clause (2) (a) or, if an agreement was made under clause (2) (b), public holiday pay for the public holiday. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employee has no entitlement under subsection (2).

3. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to perform all of it, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).

4. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, with reasonable cause, to perform all of it, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work in accordance with clause (2) (a) or, if an agreement was made under clause (2) (b), public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).

5. If the employee performs all of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2). 2000, c. 41, s. 27 (4); 2002, c. 18, Sched. J, s. 3 (13).

Requirement to work on a public holiday: certain operations

28. (1) If an employee is employed in a hospital, a continuous operation, or a hotel, motel, tourist resort, restaurant or tavern, the employer may require the employee to work on a public holiday that is ordinarily a working day for the employee and that is not a day on which the employee is on vacation, and if the employer does so, sections 26 and 27 do not apply to the employee. 2000, c. 41, s. 28 (1).

Employee’s entitlement

(2) Subject to subsections (3) and (4), if an employer requires an employee to work on a public holiday under subsection (1), the employer shall,

(a) pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or

(b) pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day. 2000, c. 41, s. 28 (2).

Restriction

(3) A day that is substituted for a public holiday under clause (2) (a) shall be,

(a) a day that is no more than three months after the public holiday; or

(b) if the employee and the employer agree, a day that is no more than 12 months after the public holiday. 2000, c. 41, s. 28 (3).

Where certain work not performed

(4) The employee’s entitlement under subsection (2) is subject to the following rules:

1. If the employee, without reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employee has no entitlement under subsection (2).

2. If the employee, with reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employer shall give the employee a substitute day off work in accordance with clause (2) (a) or public holiday pay for the public holiday under clause (2) (b), as the employer chooses. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employee has no entitlement under subsection (2).

3. If the employee performs some of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to perform all of it, he or she is entitled to premium pay for each hour worked on the public holiday but has no other entitlement under subsection (2).

4. If the employee performs some of the work that he or she was required to perform on the public holiday but fails, with reasonable cause, to perform all of it, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work in accordance with clause (2) (a) or public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday under clause (2) (b), as the employer chooses. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).

5. If the employee performs all of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2). 2000, c. 41, s. 28 (4); 2002, c. 18, Sched. J, s. 3 (14).

Public holiday not ordinarily a working day

29. (1) If a public holiday falls on a day that would not ordinarily be a working day for an employee or a day on which the employee is on vacation, the employer shall substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday. 2000, c. 41, s. 29 (1).

Restriction

(2) A day that is substituted for a public holiday under subsection (1) shall be,

(a) a day that is no more than three months after the public holiday; or

(b) if the employee and the employer agree, a day that is no more than 12 months after the public holiday. 2000, c. 41, s. 29 (2).

Employee on leave or lay-off

(2.1) If a public holiday falls on a day that would not ordinarily be a working day for an employee and the employee is on a leave of absence under section 46 or 48 or on a layoff on that day, the employee is entitled to public holiday pay for the day but has no other entitlement under this Part with respect to the public holiday. 2002, c. 18, Sched. J, s. 3 (15).

Layoff resulting in termination

(2.2) Subsection (2.1) does not apply to an employee if his or her employment has been terminated under clause 56 (1) (c) and the public holiday falls on or after the day on which the lay-off first exceeded the period of a temporary lay-off. 2002, c. 18, Sched. J, s. 3 (15).

Agreement re: public holiday pay

(3) An employer and an employee may agree that, instead of complying with subsection (1), the employer shall pay the employee public holiday pay for the public holiday, and if they do subsection (1) does not apply to the employee. 2000, c. 41, s. 29 (3).

Exception

(4) The employee has no entitlement under subsection (1), (2.1) or (3) if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday. 2000, c. 41, s. 29 (4); 2002, c. 18, Sched. J, s. 3 (16).

Agreement to work where not ordinarily a working day

30. (1) An employee and employer may agree that the employee will work on a public holiday that falls on a day that would not ordinarily be a working day for that employee or on a day on which the employee is on vacation, and if they do, section 29 does not apply to the employee. 2000, c. 41, s. 30 (1).

Employee’s entitlement

(2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1),

(a) the employer shall pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or

(b) if the employer and employee agree, the employer shall pay the employee public holiday pay for the day plus premium pay for each hour worked. 2000, c. 41, s. 30 (2).

Restriction

(3) A day that is substituted for a public holiday under clause (2) (a) shall be,

(a) a day that is no more than three months after the public holiday; or

(b) if the employee and the employer agree, a day that is no more than 12 months after the public holiday. 2000, c. 41, s. 30 (3).

Where certain work not performed

(4) The employee’s entitlement under subsection (2) is subject to the following rules:

1. If the employee, without reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employee has no entitlement under subsection (2).

2. If the employee, with reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employer shall give the employee a substitute day off work in accordance with clause (2) (a) or, if an agreement was made under clause (2) (b), public holiday pay for the public holiday. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employee has no entitlement under subsection (2).

3. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to perform all of it, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).

4. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, with reasonable cause, to perform all of the work that he or she agreed to perform on the public holiday, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work in accordance with clause (2) (a) or, if an agreement was made under clause (2) (b), public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).

5. If the employee performs all of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2). 2000, c. 41, s. 30 (4); 2002, c. 18, Sched. J, s. 3 (17).

Premium pay hours not overtime hours

31. If an employee receives premium pay for working on a public holiday, the hours worked shall not be taken into consideration in calculating overtime pay to which the employee may be entitled. 2000, c. 41, s. 31.

If employment ends

32. If the employment of an employee ends before a day that has been substituted for a public holiday under this Part, the employer shall pay the employee public holiday pay for that day in accordance with subsection 11 (5). 2000, c. 41, s. 32.

Prince Edward Island - Paid Holidays

PAID HOLIDAYS
6. (1) In this section and sections 7 to 10, "paid holiday" means New        Paid holidays
Year's Day, Islander Day, Good Friday, Canada Day, Labour Day,
Remembrance Day and Christmas Day.
  (2) Except as provided by section 9, every employer shall grant every      Idem
employee a holiday with pay on each paid holiday falling within any
period of employment. 1992,c.18,s.6; 2003,c.35,s.2; 2008,c.48,s.2.
7. (1) Sections 6 to 9 do not apply to an employee                           Employees not
     (a) who has been employed for less than thirty days;                    entitled to paid
                                                                             holidays
     (b) who fails, without just cause, to comply with the contract of
     service either on the regular work day immediately preceding or the
     regular work day succeeding the paid holiday;
     (c) who has agreed to work on the paid holiday and who without
     reasonable cause failed to report for and perform work;
     (d) who is employed under an arrangement whereby the employee
     may elect to work or not when requested to do so; or
     (e) who has not earned pay for at least fifteen of the last thirty
     calendar days preceding the holiday.
  (2) Clause (1)(b) shall not apply if the employer has directed or          Employees not
permitted the employee not to report for work on the working day either      directed to work

immediately prior to or following the holiday. 1992,c.18,s.7.
8. When a paid holiday falls on a day that is a non-working day for an       Paid holiday on
                                                                             non-working day
employee, the employer shall grant the employee a holiday with pay on
either
     (a) the working day immediately following the paid holiday; or
     (b) the day immediately following the employee's vacation,
or grant the employee another day agreed upon by the employee and the
employer before the date of the next annual vacation of the employee.
1992,c.18,s.8.
9. Where an employee is required to work on a paid holiday, the              Pay for working
                                                                             paid holiday
employer shall
    (a) pay that employee at a rate at least equal to one and one-half
    times the employee's regular rate of wages for the time worked on
    that day in addition to a day's pay at the employee's regular rate of
    pay; or




                                    7
8                    Cap. E-6.2                Employment Standards Act



                          (b) pay that employee at the employee's regular rate of wages for the
                          time worked on that day and grant the employee a holiday with pay
                          on another day agreed by the employer and the employee before the
                          date of the next annual vacation of the employee. 1992,c.18,s.9.
No reduction of
wages                10. (1) An employer of an employee whose wages are calculated on a
                     weekly or monthly basis shall not reduce the employee's weekly or
                     monthly wages for a week or month in which a paid holiday occurs by
                     reason only that the employee does not work on the paid holiday.
Certain employees      (2) An employer of an employee whose wages are calculated on a
to receive regular   daily or hourly basis shall pay the employee for a paid holiday on which
rate of pay
                     the employee does not work at least the equivalent of the wages the
                     employer would have paid at the employee's regular rate of wages for
                     the employee's normal hours of work.
Equivalent to          (3) An employer of an employee whose wages are calculated on any
regular rate         basis other than a basis mentioned in subsections (1) or (2) shall pay the
                     employee for a paid holiday on which the employee does not work at
                     least the equivalent of the wages the employer would have paid at the
                     employee's regular rate of wages for the employee's normal working
                     day.
Calculation            (4) For the purpose of this Act, an inspector may calculate the rate of
                     wages due to an employee for the purposes of determining the pay owed
                     to an employee for the paid holiday. 1992,c.18,s.10.

Quebec - Statutory Holidays

STATUTORY GENERAL HOLIDAYS AND NON-WORKING DAYS WITH PAY

Exception.

59.1. This division does not apply to an employee who, under a collective agreement or decree, is entitled to a number of non-working days with pay, in addition to the National Holiday, equal to or greater than the number of days to which employees to whom this division applies are entitled, nor to an employee in the same establishment who is entitled to a number of non-working days with pay, in addition to the National Holiday, equal to or greater than the number stated in the collective agreement or decree.

Calculation of indemnity.

However, notwithstanding any provision contrary to the collective agreement or decree, the indemnity for a non-working day with pay shall be computed, in the case of an employee referred to in section 42.11 or 1019.4 of the Taxation Act (chapter I-3), on the basis of the wages increased by the tips attributed under that section 42.11 or reported under that section 1019.4.

1990, c. 73, s. 18; 2002, c. 80, s. 18.

Statutory general holidays.

60. The following days are statutory general holidays:

(1) 1 January;

(2) Good Friday or Easter Monday, at the option of the employer;

(3) the Monday preceding 25 May;

(4) 1 July, or 2 July where the 1st falls on a Sunday;

(5) the first Monday in September;

(6) the second Monday in October;

(7) 25 December.

1979, c. 45, s. 60; 1980, c. 5, s. 3; 1990, c. 73, s. 18; 1992, c. 26, s. 10; 1995, c. 16, s. 1; 2002, c. 80, s. 19.

61. (Repealed).

1979, c. 45, s. 61; 1990, c. 73, s. 19.

Calculation of indemnity.

62. For each statutory general holiday, the employer must pay the employee an indemnity equal to 1/20 of the wages earned during the four complete weeks of pay preceding the week of the holiday, excluding overtime. However, the indemnity paid to an employee remunerated in whole or in part on a commission basis must be equal to 1/60 of the wages earned during the 12 complete weeks of pay preceding the week of the holiday.

1979, c. 45, s. 62; 1990, c. 73, s. 20; 2002, c. 80, s. 20.

Compensatory holiday.

63. If an employee must work on one of the days indicated in section 60, the employer, in addition to paying to the employee working on that general holiday the wages for the work done, must pay to such employee the indemnity provided for in section 62, or grant him a compensatory holiday of one day. In this case, the holiday must be taken within three weeks before or after that day, unless a collective agreement or a decree provides for a longer period.

1979, c. 45, s. 63; 1981, c. 23, s. 55.

Compensatory holiday.

64. If an employee is on annual leave on one of the holidays contemplated in section 60, the employer shall pay him the indemnity provided for in section 62 or grant him a compensatory holiday of one day on a date agreed upon between the employer and the employee or fixed by a collective agreement or a decree.

1979, c. 45, s. 64.

Condition.

65. To benefit from a statutory general holiday, an employee must not have been absent from work without the employer's authorization or without valid cause on the working day preceding or on the working day following the holiday.

Saskatchewan - Statutory Holidays

ART VI
Public Holidays

Interpretation
38. In this Part "public holiday" means New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Saskatchewan Day, Labour Day, Thanksgiving Day, Remembrance Day or Christmas Day.
1976-77, c.36, s.38; R.S.S. 1978, c.L-1, s.38;
1994, c.39, s.23; 2006, c.41, s4.
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LABOUR STANDARDS c.L-1


Public holiday pay
39(1) The minimum sum of money to be paid for a public holiday or for another day designated for observance of the public holiday by an employer to any employee who does not work on that day:
(a) where the employer pays to the employee the employee's regular wages for the period that includes that day, is equal to those wages;
(b) in any other case, is the amount A calculated in accordance with the following formula:
A=W
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where W is the total of the wages earned by the employee during the four weeks immediately preceding the public holiday, exclusive of overtime.
(2) The minimum sum of money to be paid for a public holiday or for another day designated for observance of the public holiday by an employer to any employee who works on that day is the total of:
(a) the amount to which the employee would be entitled pursuant to subsection (1) if the employee did not work on that day; and
(b) the amount of wages, calculated at a rate that is 1.5 times the employee's regular rate of wages, for the time worked.
(3) For the purposes of this section, where an employee takes an annual holiday during the four weeks immediately preceding a public holiday, "wages" includes the amount of annual holiday pay that is payable with respect to any annual holidays actually taken during that period.
1994, c.39, s.24.


Agreement or order respecting observance of holiday
40. Notwithstanding any other provision contained in this Part:
(a) where a majority of the employees in an appropriate unit of employees of an employer are represented by a trade union for the purpose of bargaining collectively, the employer and the trade union may agree in writing; or
(b) where any of the employees of an employer are not so represented and the director is satisfied that the employer and a majority of those employees desire that an order be made hereunder, the director may order; that any public holiday shall be observed by such employees on a specified working day other than the public holiday and in such case the day so specified shall be deemed to be that holiday for the purposes of this Part.
1976-77, c.36, s.40; R.S.S. 1978, c.L-1, s.40.


Lieutenant Governor in Council may provide for minimum sum of money
41. Notwithstanding section 39, the Lieutenant Governor in Council may by regulation require that the minimum sum of money to be paid for public holidays to any specified class or classes of employees who do not work or who work on any or all of those days shall be computed on such basis as may be prescribed in the regulations.
1976-77, c.36, s.41; R.S.S. 1978, c.L-1, s.41.
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