PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION IVAnnual Vacations (continued)
Marginal note:Transfer of work, undertaking or business
189 (1) Where any particular federal work, undertaking or business, or part thereof, in or in connection with the operation of which an employee is employed is, by sale, lease, merger or otherwise, transferred from one employer to another employer, the employment of the employee by the two employers before and after the transfer of the work, undertaking or business, or part thereof, shall, for the purposes of this Division, be deemed to be continuous with one employer, notwithstanding the transfer.
(2) For the purposes of subsection (1), a federal work, undertaking or business includes
(a) any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act that is deleted from one of those Schedules and that is established as or becomes a part of a corporation or any federal work, undertaking or business to which this Part applies; or
(b) a portion of the federal public administration included in a portion of the federal public administration so specified in one of those Schedules that is severed from the portion in which it was included and that is established as or becomes a part of such a corporation or federal work, undertaking or business.
- R.S., 1985, c. L-2, s. 189;
- R.S., 1985, c. 9 (1st Supp.), s. 7;
- 1996, c. 18, s. 10;
- 2003, c. 22, s. 112.
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.
- R.S., 1985, c. L-2, s. 190;
- 1993, c. 42, s. 20.
DIVISION VGeneral Holidays
191 The following definitions apply in this Division.
employed in a continuous operation
occupé à un travail ininterrompu
employed in a continuous operation means, in respect of an employee, 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 or 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 general holidays. (occupé à un travail ininterrompu)
indemnité de congé
holiday pay means pay calculated in accordance with section 196. (indemnité de congé)
holiday with pay
holiday with pay means a holiday for which an employee is entitled to holiday pay. (congé payé)
- R.S., 1985, c. L-2, s. 191;
- 2012, c. 31, s. 220.
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.
- R.S., c. L-1, s. 48.
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.
- 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
194 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
195 (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.
(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.
Marginal note:Voting, duration
195.1 Sections 172.1 and 172.2 apply, with such modifications as the circumstances require, in respect of the substitution of a general holiday pursuant to this Division.
- 1993, c. 42, s. 21.
Marginal note:Holiday pay
196 (1) Subject to subsections (2) to (4), an employee shall, for each general holiday, be paid holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that they earned in the four-week period immediately preceding the week in which the general holiday occurs.
Marginal note:Employees on commission
(2) An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs.
Marginal note:First 30 days of employment
(3) An employee is not entitled to holiday pay for a general holiday that occurs in their first 30 days of employment with an employer.
Marginal note:Continuous operation employee not reporting for work
(4) An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday
(a) on which they do not report for work after having been called to work on that day; or
(b) for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed
(5) For the purposes of subsection (3), a person is deemed to be in the employment of another person when they are available at the call of that other person, whether or not they are called on to perform any work.
- R.S., 1985, c. L-2, s. 196;
- 2012, c. 31, s. 221.
- Date modified: