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

Act current to 2015-08-04 and last amended on 2015-06-16. Previous Versions

Marginal note:Entitlement to holidays

 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.

  • R.S., c. L-1, s. 48.
Marginal note:General holiday falling on day off
  •  (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.

  • R.S., c. L-1, s. 49;
  • R.S., c. 17(2nd Supp.), s. 13;
  • 1977-78, c. 27, s. 14.
Marginal note:Exemption under collective agreement

 Section 193 does not apply in respect of any employees who are employed under the terms of a collective agreement that entitles those employees to at least nine holidays with pay, exclusive of any annual vacation, in each year.

  • R.S., c. L-1, s. 50;
  • 1977-78, c. 27, s. 15.
Marginal note:Substituted holidays
  •  (1) An employer may, in respect of employees subject to a collective agreement, substitute any other holiday for a general holiday if the substitution is agreed to in writing by the employer and the trade union, and the substituted holiday shall, for those employees, be deemed to be a general holiday for the purposes of this Part.

  • Marginal note:Idem

    (2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, substitute any other holiday for a general holiday if the substitution has been approved by at least seventy per cent of the affected employees, and the substituted holiday shall, for those employees, be deemed to be a general holiday for the purposes of this Part.

  • Marginal note:Posting of notice

    (3) Where any other holiday is to be substituted for a general holiday pursuant to subsection (2), the employer shall post a notice of the substitution in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the substitution takes effect.

  • R.S., 1985, c. L-2, s. 195;
  • 1993, c. 42, s. 21.