Lest We Forget

The 11th hour of the 11th day of the 11th month is recognized throughout Canada as a time of remembrance to honour those who have served, and continue to serve our country in times of war and peace, and in memorial of those who have lost their lives in sacrifice and service for Canada.  Originally called Armistice Day, the date is meant to mark the armistice agreement which ended the hostilities of the First World War at 11:00 a.m. on November 11, 1918.

First observed by members of the British Commonwealth in 1919, Armistice Day was formally recognized by the Canadian Parliament in 1921 when legislation was passed calling for ceremonies to be observed on the Monday of the week during which November 11th fell.  The Federal Government officially changed the name to Remembrance Day in 1931 and decreed that it would be observed on November 11th of each year.  And while many Canadians will, themselves, solemnly observe two minutes of silence at 11:00 a.m. and/or participate in ceremonies at cenotaphs, Legion halls, etc. on November 11th, there continues to be some debate and the formality of Remembrance Day and whether it is, or ought to be, a “holiday”.  This question was answered, in part, in 2018.

On March 1, 2018, the Federal government passed Bill C-311, An Act to Amend the Holidays Act (Remembrance Day).  The Act officially and formally recognizes Remembrance Day as a “legal holiday”.

What Does It Say?

Always recognized by all levels of government and in every jurisdiction across Canada, Bill C-311 has declared that Remembrance Day is a “legal holiday” for federally-regulated employers and employees rather than simply a “holiday” under the Canada Holidays Act, giving it the same standing as Victoria Day and Canada Day.  This means that November 11th is now legally required to be marked and recognized by every Canadian jurisdiction under the name “Remembrance Day”.  Federal employees will receive Remembrance Day off and the appropriate amendments to reflect this change in status were made to the Canada Labour Code.

What Should Employers Do?

At this point there is nothing for employers to do.  While Remembrance Day is now a “legal holiday”, this directly impacts federally-regulated employees only.  The Federal government has no power to make Remembrance Day a paid public or statutory holiday in any province or territory.  Employers will continue to be bound by the laws in their individual jurisdictions.

For provincial employers and employees, however, nothing has changed.  Despite the passing of Bill C-311, it remains up to each individual province and territory to determine for themselves whether or not to recognize Remembrance Day (November 11) as a public or statutory holiday.  Remembrance Day is, in fact, a statutory holiday in every province and territory save for Ontario, Quebec, Manitoba and Nova Scotia, though these jurisdictions do mark the day in some fashion, primarily by ceremonies and local events.  Some employers in these provinces do choose to give employees the day off work, though they not required to do so.

At Piccolo Heath LLP we recognize and honour those men and women who have fought and served Canada in all times of war, conflict and peace.  We thank you for your service and we remember those lost having provided the ultimate sacrifice for our country.