There has been considerable confusion amongst employees and employers across Canada about whether or not Prime Minister Trudeau declaring September 19, 2022 a national day of mourning for Queen Elizabeth II’s funeral constitutes a day off for federal government employees or a new farther reaching holiday. As premiers in many provinces subsequently made news releases with varying implications for provincial government employees, more questions arose. The following will give a brief overview of whether the national day of mourning is a statutory holiday and indicate which workers are entitled to a day off on September 19, 2022.

Is the Day Of Mourning for Queen Elizabeth II’s Funeral a Statutory Holiday?

Prime Minister Trudeau and Federal Labour Minister Seamus Regan both referred to the day off work that federal government employees are receiving on September 19, 2022 as a “holiday”, but the “holiday” does not constitute a statutory or public holiday for all federally regulated employees. To create a new statutory holiday for all federally regulated employees the Canada Labour Code must be amended by Parliament, which has not occurred. Prime Minister Trudeau’s announcement of a national day of mourning and “holiday” only entitles federal government employees to a one-time day off work on September 19, 2022. At present, there is no indication it will be an annual day off work for federal government employees.

Similarly, to provide a new statutory holiday to all provincially regulated employees the applicable provincial employment standards legislation would need to be amended. The only provincial government that has decided to declare September 19, 2022 a statutory holiday for all provincially regulated employees is Prince Edward Island. This lone provincial government is taking steps to amend its Employment Standards Act to recognize the day as a one-time statutory holiday.

Private Sector Federally Regulated Employees

The announcement does not entitle private sector (non-government) federally regulated employees to a day off work or “holiday” on September 19, 2022.

For those wondering if they are a federally regulated employee, such employees work in industries and workplaces that are governed by the Canada Labour Code and account for a relatively small portion of Canadian workers. In a Twitter post by Labour Minister Regan, federally regulated private sector employers were “invited” (not required) to follow suit and provide employees the day off work, but his comments and the Prime Minister’s comments in no way require such employers to do so. Private sector federally regulated employees can inquire if their employer is offering employees the day off work, but such employees should assume they will be required to report to work on September 19, 2022.

Provincially Regulated Employees

1. Ontario, Quebec, Saskatchewan, Alberta and the Northwest Territories

   All employees working for provincially regulated employers in Ontario, Quebec, Saskatchewan, Alberta and the Northwest Territories will not receive the day off work on September 19, 2022.

2. Nunavut

   The Nunavut government has not commented on whether or not territorial government employees or private sector employees will have the day off work. Until further notice, all employees in Nunavut should assume they will not be off work on September 19, 2022.

3. British Columbia

   The British Columbia government is recognizing the day of mourning and has advised all public sector employers to provide provincial government employees a day off work on September 19, 2022. K-12 public schools, public post-secondary institutions, and most Crown corporations will be closed. The day is not described as a statutory holiday in the government press release and private sector (non-government) provincially regulated employees are not entitled to the day off work.

4. Manitoba

   The Manitoba government is recognizing the day of mourning and all non-essential government services and offices will be closed for the day. Provincial government employees that work in associated positions will have the day off work. Schools and childcare facilities will remain open. The health-care system will also continue to operate as usual. The day is not described as a statutory holiday in the government press release and private sector (non-government) provincially regulated employees are not entitled to the day off work.

5. New Brunswick

   The New Brunswick government has stated that, the day of mourning will be treated as any other holiday for management and non-union employees in Parts I, II and III of the provincial public service. This includes central government departments and agencies, as well as the anglophone and francophone public school systems. Collective agreement terms and conditions for holidays will apply to unionized employees in Parts I, II and III of the provincial public service. While government offices and public schools will be closed, private sector (non-government) provincially regulated employees are not entitled to the day off work. The day is also not described as a statutory holiday in the government press release.

6. Newfoundland and Labrador

   The Newfoundland and Labrador government is recognizing the day of mourning and provincial government offices, schools and other entities will be closed. Provincial government employees in associated positions will have the day off. The day is not described as a statutory holiday in the government press release and private sector (non-government) provincially regulated employees are not entitled to the day off work.

7. Nova Scotia

   The Nova Scotia government is recognizing the day of mourning. Provincial government offices, public schools and regulated childcare will be closed. Provincial government employees in such positions will have the day off. Healthcare services, appointments and procedures will be provided without interruption. The day is not described as a statutory holiday in the government press release and private sector (non-government) provincially regulated employees are not entitled to the day off work.

8. Yukon

The Yukon government is recognizing the day of mourning. K-12 public schools and other public-facing public sector services in the territory will be closed, excluding courts. Territorial government employees in such positions will have the day off. The day is not described as a statutory holiday in the government press release and private sector (non-government) provincially regulated employees are not entitled to the day off work.

Takeaway

As of this morning, September 15, 2022, only the following employees are entitled to September 19, 2022 off work to mark Queen Elizabeth II’s funeral:

1. Federal government employees;
2. Provincial and territorial government employees in British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia and the Yukon (as specifically indicated above); and
3. All provincially regulated employees in Prince Edward Island.

It is also important for employers to know that due to the day of mourning public schools in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia and the Yukon will be closed. The Nova Scotia government also explicitly stated that regulated childcare facilities will be closed. As a result, employers in these provinces need to be prepared for staffing shortages due to a lack of childcare arrangements.  Further, due to the confusion about who is entitled to be off work on September 19, 2022,  employers in all provinces should proactively plan to deal with staffing issues on Monday.

The foregoing is for informational purposes only, and should in no way be relied upon as legal advice. For legal advice tailored to your circumstances and business, please contact any of SOM LLP’s lawyer’s by email or telephone.