Canada Day in Ontario: Stat Holiday Rules, Pay, and FAQs
Canada Day, celebrated on July 1st, is one of Ontario’s nine statutory holidays. This national holiday marks the anniversary of Canada’s confederation and offers employees across the province the opportunity to enjoy a day off work or receive premium pay if they are required to work. Below, we’ll answer common questions about Canada Day in Ontario, including your rights to holiday pay and what happens if the holiday falls on a weekend.
When is Canada Day in Ontario?
Here’s when Canada Day falls in the upcoming years:
Year | Date | Day of the Week |
---|---|---|
2024 | Monday, July 1 | Monday |
2025 | Tuesday, July 1 | Tuesday |
2026 | Wednesday, July 1 | Wednesday |
2027 | Thursday, July 1 | Thursday |
2028 | Saturday, July 1 | Saturday |
2029 | Sunday, July 1 | Sunday |
2030 | Monday, July 1 | Monday |
2031 | Tuesday, July 1 | Tuesday |
2032 | Thursday, July 1 | Thursday |
2033 | Friday, July 1 | Friday |
2034 | Saturday, July 1 | Saturday |
2035 | Sunday, July 1 | Sunday |
Is Canada Day a Stat Holiday in Ontario?
Yes, Canada Day is a statutory holiday in Ontario, which means most employees are entitled to a day off with statutory holiday pay. If you’re required to work on July 1st, you must be compensated with either:
- Premium pay (1.5x your regular hourly rate), or
- A substitute day off with statutory holiday pay.
Employers in Ontario are legally required to comply with the rules outlined in the Employment Standards Act (ESA) for all public holidays, including Canada Day.
Canada Day Pay Rules in Ontario
Employees eligible for statutory holiday pay are entitled to receive their regular daily wage plus premium pay if they work on the holiday. Here’s what you need to know:
Calculating Statutory Holiday Pay
Statutory holiday pay is calculated as follows:
- Add up all the regular wages earned in the four weeks leading up to the holiday.
- Divide that total by the number of days worked during the same period.
This calculation gives you the amount you’re entitled to for Canada Day.
Eligibility Requirements
To qualify for holiday pay, employees must:
- Work their last scheduled shift before and their first scheduled shift after Canada Day (known as the Last and First Rule).
- Be employed in a job covered by the ESA (some industries have special rules).
Employees who fail to meet these criteria without a valid reason may forfeit their holiday pay.
What Happens if Canada Day Falls on a Weekend?
If July 1st falls on a Saturday or Sunday, employers are required to provide an alternate day off with statutory holiday pay. For example:
- If Canada Day falls on Saturday, July 1st, 2028, your employer might designate Monday, July 3rd, as the substitute holiday.
- Employees required to work on both the actual holiday (July 1st) and the substitute day must receive premium pay for hours worked on one of those days.
Common Questions About Canada Day
1. Do All Employees Get Canada Day Off?
Not all employees automatically receive the day off. Some industries, such as healthcare, hospitality, and emergency services, may require employees to work on Canada Day. If you work in one of these industries, your employer must compensate you according to the ESA.
2. Can My Employer Deny Me Holiday Pay?
An employer cannot deny statutory holiday pay if you meet the eligibility requirements. If you believe your employer is withholding holiday pay or violating the ESA, contact an employment lawyer for assistance.
3. What if I’m Terminated Before Canada Day?
If you are fired without cause shortly before, on, or after Canada Day, you may still be entitled to holiday pay for the time worked prior to your termination. Speak to an Ontario employment lawyer at Samfiru Tumarkin LLP immediately to ensure you receive the compensation you deserve.
Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package. A full severance package in Ontario can be as much as 24 months’ pay.
4. Do I Get Paid More If I Work on Canada Day?
Yes, employees required to work on Canada Day are entitled to premium pay (1.5x their regular hourly wage) in addition to their statutory holiday pay. Alternatively, your employer may provide a substitute day off with statutory holiday pay.
What Should You Do If Your Employer Violates Your Rights?
If your employer fails to provide proper holiday pay or denies your rights under the ESA, it’s crucial to act quickly. Samfiru Tumarkin LLP has helped thousands of employees across Ontario secure fair compensation and resolve workplace disputes. Don’t let your rights go unprotected.
Key Takeaways for Employees
- Canada Day is a statutory holiday in Ontario, entitling most employees to a day off with pay.
- If you work on Canada Day, you’re entitled to premium pay or a substitute day off with statutory holiday pay.
- Ensure you meet the ESA’s eligibility criteria to claim holiday pay.
Contact Samfiru Tumarkin LLP
If you have questions about Canada Day pay, termination, or any workplace issue, contact Samfiru Tumarkin LLP today. Our experienced employment lawyers have helped tens of thousands of employees secure proper compensation and resolve workplace disputes.
In addition to severance package negotiations in Ontario, we have experience securing solutions for the following employment matters:
Our lawyers in Ontario, Alberta, and B.C. stand ready to help you solve your workplace issues.
If you are a non-unionized employee who needs help with an employment issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.