Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Regulations in relation to annual vacations

190. The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations

• (a) defining the circumstances and conditions under which the rights of an employee under this Division may be waived or the enjoyment thereof postponed;

• (b) prescribing the notices to be given to employees of the times when vacations may be taken;

• (c) prescribing the time when vacation pay shall be paid;

• (d) defining the absences from employment that shall be deemed not to have interrupted continuity of employment;

• (e) respecting the determination by the employer of a year of employment in relation to any industrial establishment;

• (f) for the calculation and determination of vacation and vacation pay in the case of seasonal or temporary employees or in other suitable cases;

• (g) providing for the granting of vacation or the payment of vacation pay in the event of temporary cessation of employment; and

• (h) providing for the application of this Division where, owing to illness or other unavoidable absence, an employee has been absent from his employment.

Definition of “employed in a continuous operation”

191. In this Division, the expression “employed in a continuous operation” refers to employment in

• (a) any industrial establishment in which, in each seven day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period;

• (b) any operations or services concerned with the running of trains, planes, ships, trucks and other vehicles, whether in scheduled or non-scheduled operations;

• (c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or

• (d) any operation or service normally carried on without regard to Sundays or public holidays.

Marginal note:Entitlement to holidays

192. Except as otherwise provided by this Division, every employee is entitled to and shall be granted a holiday with pay on each of the general holidays falling within any period of his employment.

Marginal note:General holiday falling on day off

• 193. (1) Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.

• Marginal note:Alternative day for holiday falling on non-working Saturday or Sunday

  (2) Except as otherwise provided by this Division, when New Year’s Day, Canada Day, Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday.