Canada Day Statutory Holiday in Ontario: Employee Guide

What is Canada Day?

Canada Day is a Canadian public holiday marking the anniversary of Confederation in 1867. It occurs on July 1 every year. In Ontario, Canada Day is recognized as a statutory holiday, and most provincially and federally regulated employees get the day off work with pay.

It’s a day of national pride, featuring parades, fireworks, concerts, and barbecues. Citizens often display Canadian flags and wear red and white, reflecting the national colours. Public celebrations are held in many communities, and it’s a day for Canadians to celebrate their heritage and national identity.

When is Canada Day?

Canada Day occurs annually on July 1st in Ontario.

Is Canada Day a Paid Day Off in Ontario?

Yes. Canada Day is a paid day off for most people working in Ontario, including salaried, seasonal, full-time, part-time, contract and temporary workers.

Canada Day Dates

Who is entitled to Canada Day?

Most provincially regulated employees in Ontario are eligible to take Canada Day off as a statutory holiday, according to the Employment Standards Act (ESA). Federally regulated employees working in Ontario are also entitled to the holiday under the Canada Labour Code (CLC).

LEARN MORE
• Severance pay for federally regulated workers

Employees in continuous operations like hospitals or essential services might not get Canada Day off in Ontario.

What happens if Canada Day falls on a weekend?

If the Canada Day stat holiday falls on a non-working day in Ontario or during a vacation, employees are entitled to another day off with pay.

• Example: If you normally work weekdays and a holiday falls on Saturday, your employer may give you the following Monday off with pay.

Alternatively, you can agree to receive holiday pay for the actual holiday and not take an additional day off.

Working on Canada Day: Pay Rights

If you work on Canada Day in Ontario, you have the right to extra pay. You can get holiday pay plus 1.5 times your usual pay, or your regular pay plus another holiday day off. It depends on your employer’s rules and policies.

• Alternative Day Off: If you work on Canada Day and choose a day off instead of extra pay, you must take this day off within 3 months of the holiday. However, you can agree in writing with your employer to take the day off within 12 months of Canada Day.

The “Last and First Rule”

In Ontario, you must work your last scheduled shift before and first shift after Canada Day to be eligible for holiday pay, unless you have a valid reason for missing work (like an illness or injury).

Calculating Canada Day Pay in Ontario

To calculate pay for Canada Day in Ontario, divide the total wages earned in the four weeks before the holiday week by 20.

Can my employer refuse to give me Canada Day off?

In Ontario, the ESA mandates that eligible employees, unless exempt due to specific reasons, are entitled to take Canada Day off with pay. If your employer denies you this statutory holiday, it’s important to seek assistance from the Ministry of Labour.

Terminations and Canada Day

If you’ve been fired without cause near Canada Day, it’s crucial to understand your rights through a consultation with an Ontario employment lawyer at Samfiru Tumarkin LLP immediately.

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 can be as much as 24 months’ pay.

Talk To an Employment Lawyer

The knowledgeable employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals across the country.

In addition to severance package negotiations, 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.