CASUAL LEGAL: Is Today a Work Day? Federal Statutory Holidays and Municipalities

Is Today a Work Day? Federal Statutory Holidays and Municipalities

By Emma Banfield

Reynolds Mirth Richards Farmer LLP

AMSC Casual Legal Service Provider

On June 3, 2021, Bill C-5 An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) was given royal assent in Parliament. Amongst its provisions is the creation of a new federal general holiday, the National Day for Truth and Reconciliation, to be observed on September 30 of every year. Because the bill was passed in June of this year, the first time the holiday will be observed is September 30, 2021.

With the implementation of the new statutory holiday by the federal government, some municipalities are asking if they need to give their employees the day or if it only applies to federal employees. However, the federal legislation only amends the Canada Labour Code to make September 30 a general holiday. Therefore, it only applies to federally regulated workplaces and the federal government. As of the date of publication, there was no indication that the Government of Alberta intended to adopt it as a provincial holiday.

There is no obligation on municipalities in Alberta to treat September 30, or any other federal holiday, as a holiday. That could change if, or when, Alberta decides to adopt it for the purposes of the provincial Employment Standards Code. At the moment, Alberta only has nine general holidays: New Years Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, and Christmas Day.

To access AMSC’s Casual Legal Helpline, AUMA members can call toll-free to 1-800-661-7673 or email casuallegal [at] amsc.ca (casuallegal[at]amsc[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] auma.ca (riskcontrol[at]auma[dot]ca), or call 310-AUMA (2862) to speak to AUMA’s Risk Management staff. Any Regular or Associate member of the AUMA can access the Casual Legal Service.

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.