Statutory Holidays + Leasing: What is the law

STATUTORY HOLIDAYS

Not all statutory holidays are created equal – what constitutes a holiday and what impact that holiday will have (on employers, employees, landlords and tenants) depends on the statute that creates or makes reference to such holiday. Below is a sample of various provincial and federal statutes that create or refer to certain statutory holidays, together with an analysis of the impact of these holidays.

(a) The Holidays Act

An appropriate starting point is the federal Holidays Act, R.S., 1985, c. H-5. The Act provides statutory definitions for 3 holidays that are referred to in other federal and provincial statutes: Canada Day, Remembrance Day and Victoria Day. The Act is notable because Section 2(2) of the Act provides that Canada Day is celebrated on July 2 (and not July 1) when July 1 falls on a Sunday. The Act is reproduced below for your reference:

An Act respecting Holidays
Short title
1. This Act may be cited as the Holidays Act.

Canada Day
2. (1) July 1, not being a Sunday, is a legal holiday and shall be kept and observed as such throughout Canada under the name of "Canada Day".

When July 1 is a Sunday
(2) When July 1 is a Sunday, July 2 is a legal holiday and shall be kept and observed as such throughout Canada under the name of "Canada Day".

Remembrance Day
3. November 11, being the day in the year 1918 on which the Great War was triumphantly concluded by an armistice, is a holiday and shall be kept and observed as such throughout Canada under the name of "Remembrance Day".

Victoria Day
4. The first Monday immediately preceding May 25 is a legal holiday and shall be kept and observed as such throughout Canada under the name of "Victoria Day".

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