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Want to observe Canada Day on Friday July 2, 2021? Learn how

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In 2021, July 1 falls on a Thursday. Many Manitobans look forward to a July long weekend to celebrate Canada Day. You may be able to substitute Friday, July 2 for the July 1 General Holiday by following a few rules.

What do I need to consider?

  • You must have a written agreement about the holiday substitution. For unionized workplaces, the collective agreement may already include the change. Otherwise, you must have signatures from the majority of affected employees.
  • Changing the day you observe Canada Day will affect wages. For example, if Friday, July 2, 2021 becomes your substituted holiday, employees who take July 2 off are paid for that day according to statutory holiday pay rules. When those employees work on July 1, they are paid regular wages for all hours worked that day.

Which set of employment standards applies to my business?

  • Approximately 90% of Manitoba workplaces fall under provincial regulations. Visit Manitoba Employment Standards
  • The other 10% of workplaces – including the grain industry, air transportation, aircraft operations, highway transportation and communications – fall under the Canada Labour Code. Check the list of federally-regulated workplaces
  • FAQs on holiday substitution under each set of standards are noted below.
FAQs: Manitoba Employment Standards Code

Can employees and employers choose to use a different day as a general holiday?

Employers may substitute another day for a general holiday for the purposes of general holiday pay and wages for hours worked on the day:

  • Under a collective (union) agreement, or
  • With the written agreement of a majority of the employees. This does not need to be approved by Employment Standards but the employer should keep a copy of the agreement.

The substituted day must be within 12 months of the general holiday.

What retail businesses can be open on July 1?

Effective December 12, 2020, the Retail Businesses Holiday Closing Act was repealed and therefore eliminated province-wide restrictions on retailers’ ability to be open on holidays. Retail businesses are no longer required to close after 6:00 p.m. on certain holidays and can set their own hours of operation. 

While provincial restrictions have been removed, municipalities have authority to pass by-laws under The Municipal Act to restrict retail businesses within their jurisdictions from operating on certain days or during specific hours. Check with your municipal government for by-laws that may restrict retail business hours on July 1.

 

Contact the Manitoba Employment Standards Branch at 204-945-3352 or 1-800-821-4307.

FAQs: Canada Labour Code

Substitute a general holiday for another day

It's possible to perform a holiday substitution:

  • If the parties are subject to a collective agreement: 
    • The employer may, in respect of one or more employees replace a holiday provided for in the Code with another holiday, the days substituted for them are therefore having the value of holidays for these employees, provided that there is a written agreement on substitution with the union.
  • If the parties are not subject to a collective agreement: 
    • The employer may, in respect to one or more employees, substitute a holiday provided for in the Code with another holiday, the days substituted for them therefore having the value of holidays for these employees, if the substitution is approved: 
      • in the case of a substitution applicable to a single employee, by the employee and in writing
      • in the case of a substitution applicable to several employees, by at least 70% of the employees concerned. The employer must post the substitution notice for at least 30 days before it takes effect

An employee may also request a holiday substitution as part of a request for flexible work arrangements. The employee must request the employer's written authorization.

Contact the Canada Labour Program at 1-800-641-4049 or [email protected]a.

Still have questions?

CFIB Business Counsellors are available to answer CFIB members’ questions. Contact us at [email protected] or 1-888-234-2232.