Canadian HR Reporter Weekly

2 Canadian HR Reporter, a Thomson Reuters business 2018 CANADIAN HR REPORTER WEEKLY Recent changes to Canada's Holidays Act could alter the way employers observe Remembrance Day. On March 1, An Act to Amend the Holidays Act (Remembrance Day) received royal assent in the House of Commons. e bill's purpose is to recognize Remembrance Day — held annually on Nov. 11 — as a national legal holiday, alongside Canada Day and Victoria Day. "It adds consistency of language in the Holidays Act itself," said Colin Fraser of Yarmouth, N.S., Liberal MP for West Nova and sponsor of the private member's bill. "On its face, it's a modest change but it adds that consistency to show that Remembrance Day is treated every bit as importantly." Remembrance Day is currently recognized as a statutory holiday under the Canada Labour Code, and in all provincial and territorial jurisdictions, save for Manitoba, Nova Scotia, Ontario and Quebec. Manitoba and Nova Scotia do legislate time off on Remembrance Day, but with exceptions. While the change does not legislate time off for any employees who doesn't already have it, it does provide an opportunity for the provinces to revisit their respective employment standards legislation, according to Fraser. "I believe that there should be time off for everybody in Canada to attend a cenotaph and share in the collective experience of Nov. 11 to remember those who sacrificed so much for our country," he said. "And it shouldn't matter where you live in Canada to be able to spend that time on Nov. 11 with the community," said Fraser. "I hope the provinces that don't already do so will have a look at this and see if that works for them." Pressure on provinces e legislative change increases the pressure on the four provinces in question to observe Remembrance Day as a statutory holiday, said Rachel de Grâce, director of advo- cacy and legislative content at the Canadian Payroll As- sociation in Toronto. "It's the four provinces that currently don't legislate the observance of Remembrance Day that we've got to keep a close eye on," she said. "is could have a big impact in those four provinces." "However, one thing to keep in mind is Victoria Day is also included in the Holidays Act and there are some provinces that have not chosen to adopt it as a statutory or public holiday." While Canada Day has special requirements mandating that employers offer the following Monday off in lieu when July 1 falls on a weekend, neither Victoria Day nor Remembrance Day were given the same provisions, said de Grâce. "Unlike Canada Day, the inclusion of Remembrance Day in the national Holidays Act doesn't have any kind of special requirements or observing obligations." To be clear, the amendment to the act does not force the provinces to revisit employment standards legislation, according to Fraser. "ere's no obligation at all on the provinces," he said. "ey're the ones who determine time off in their jurisdiction, so it has no impact on anybody's day off." It's up to the provinces to determine whether it should be a statutory holiday or not, said Fraser. "Preferably, for me, I think there should be a national standard on this, but it is up to the provinces to decide time off." Remembrance Day as a statutory holiday? Alteration to Holidays Act could put pressure on Manitoba, Quebec, Ontario and Nova Scotia to revisit employment standards BY MARCEL VANDER WIER Sign up for the Canadian HR Newswire today for free and enjoy great content from the publishers of Canadian HR Reporter. HR News at Your Fingertips THE LATEST NEWS THE BEST COMMENTARY DELIVERED WEEKLY FOR READING ON ANY DEVICE Visit www.hrreporter.com/ canadian-hr-newswire

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