Author:
Canada | Publication | September 14, 2022
Prime Minister Trudeau has announced there will be a national holiday in Canada in recognition of the passing of Queen Elizabeth II. The holiday is to be observed on Monday, September 19, the date of the Queen’s funeral in the UK.
Employer obligations on September 19 will depend on the jurisdiction applicable to the employer’s workforce. Statutory holidays are primarily a provincial or territorial matter, unless the affected workforce is employed in a federally regulated industry (such as aviation, telecommunications, banking, and interprovincial transportation).
Additionally, distinctions are often made between holidays for public sector workers and private sector workers, and unionized employees may have greater holiday rights under their collective agreements than non-unionized employees do under legislation.
Employers of unionized workers should note that proclamation of a national holiday may require observance of September 19 as a holiday for those workers depending on the wording of the relevant collective agreement, and on the scope of the holiday declared in the federal jurisdiction. Employers are advised to consult with legal counsel on their potential obligations under a collective agreement.
Each jurisdiction in Canada (federal, provincial and territorial) is taking a different approach to the September 19 national holiday. The chart below sets out the response each jurisdiction has announced, along with links to official news releases if they are available.
| Jurisdiction | Status of September 19, 2022, Holiday | |
|---|---|---|
| Federal |
The federal government has issued an Order-in-Council “requesting that the people of Canada set aside September 19, 2022, as the day on which they honour the memory of Her late Majesty Queen Elizabeth the Second.” At the moment, this Order-in-Council does not appear to proclaim a statutory holiday in the federal jurisdiction. Federal officials have clarified that public sector workers will be provided a holiday, while private sector employers may elect to observe the holiday but will not be required to do so. |
|
| Alberta | Alberta has announced that September 19 will be a day of mourning on which employers are “encouraged to make accommodations” for employees to mark the occasion of Queen Elizabeth II’s funeral. There is no express requirement that employers provide any such accommodations or otherwise observe a holiday. | |
| British Columbia | British Columbia has announced that September 19 will be a holiday for provincial public sector employees. Schools and most crown corporations will be closed. Observance of the holiday is optional for private sector employers. | |
| Manitoba | Manitoba has announced that September 19 will be a holiday for provincial public sector employees. Non-essential government services and offices will be closed but schools and childcare facilities will remain open. Observance of the holiday is optional for private sector employers. | |
| New Brunswick | New Brunswick has announced that government offices and schools will be closed on September 19. The day will be treated as any other holiday for provincial public service employees. Observance of the holiday is optional for private sector employers. | |
| Newfoundland and Labrador | Newfoundland and Labrador has announced that September 19 will be a holiday for public sector employees. Observance of the holiday is optional for private sector employers. | |
| Northwest Territories | The Northwest Territories has announced that September 19 will not be a holiday for territorially-regulated public sector or private sector employees. | |
| Nova Scotia | Nova Scotia has announced that September 19 will be a holiday for some provincially regulated, public sector workplaces. Provincial government offices, public schools and regulated childcare will be closed. Healthcare services, appointments and procedures will remain operational across the province. Observance of the holiday is optional for private sector employers. | |
| Nunavut | Nunavut has announced that government offices and agencies will close on September 19. Private sector employers are welcomed to follow suit but are not required to do so. | |
| Ontario | Ontario has announced that September 19 will be a day of mourning but will not be observed as a statutory holiday for provincially regulated employees. There is no official news release yet. | |
| Prince Edward Island | Prince Edward Island has announced that September 19 will be a one-time statutory holiday for provincially regulated public sector and private sector employees. The day will be observed like other statutory holidays under PEI’s Employment Standards Act. | |
| Quebec | Quebec's premier has announced that September 19 will be a day of commemoration but will not be observed as a statutory holiday for provincially regulated workplaces. There is no official news release yet. | |
| Saskatchewan | Saskatchewan has announced that September 19 will be a day of tribute and commemoration, but will not be observed as a holiday for provincially regulated employees. | |
| Yukon | Yukon has announced that September 19 will be a holiday for territorial public sector employees. K–12 public schools and other public-facing services in the territory will be closed on September 19. Observance of the holiday is optional for private sector employers and other levels of government. | |
The author wishes to thank Alexandra Toutant, articling student, for her help in preparing this legal update.
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