Provincial & territorial statutory holiday legislation for National Day for Truth and Reconciliation (Orange Shirt Day)

In 2021, National Day for Truth and Reconciliation was established as a statutory holiday for employees in the federal government and federally-regulated workplaces. Since the passing of Bill C-5 on September 30, 2021, other provincial and territorial jurisdictions have also passed legislation making National Day for Truth and Reconciliation a statutory holiday, including British Columbia, Manitoba,  Prince Edward Island, the Northwest Territories, and the Yukon. It’s also a provincial/territorial stat holiday in Nunavut and New Brunswick, and an optional general holiday at the employer’s discretion in Alberta. In some jurisdictions, businesses and organizations are encouraged to commemorate the day or have the choice to remain open.

With this statutory holiday legislation differing across the country, we’ve broken down the legislation by jurisdiction to better assist Canadian businesses in keeping their payroll compliant.

What is this day of significance?

National Day for Truth and Reconciliation (also known as Orange Shirt Day in Manitoba) takes place each year on September 30, on which day businesses are typically closed. In years when September 30 falls on a weekend, National Day for Truth and Reconciliation is observed on the Monday following September 30.

Federal

The federal government and federally-regulated workplaces recognize National Day for Truth and Reconciliation as a statutory holiday. This applies to employees in the federal government and federally-regulated workplaces.

It’s important for Canadian employers to be aware of the likelihood that National Day for Truth and Reconciliation will impact and change both their payroll processing and pay dates, regardless of the province or territory in which they’re located. This is because Payments Canada, the organization responsible for payment clearing and settlement, is federally regulated and as such does not move money on September 30 (or the day on which National Day for Truth and Reconciliation is observed).

For a list of federally-regulated workplaces in Canada, visit: https://www.canada.ca/en/services/jobs/workplace/federally-regulated-industries.html.

British Columbia (BC)

As of September 2023, National Day for Truth and Reconciliation is a statutory holiday in British Columbia (BC). Eligible employees receive statutory holiday pay whether they work on this day or not. For more information on statutory holidays in BC, visit: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/statutory-holidays.

Alberta
National Day for Truth and Reconciliation is not a general holiday in Alberta, but is instead an optional general holiday – meaning that it’s at the employer’s discretion whether or not to recognize National Day for Truth and Reconciliation as an additional holiday. If they choose to do so, all employment standards and rules related to general holiday pay apply.

For more info on general holidays in Alberta, visit: https://www.alberta.ca/alberta-general-holidays#jumplinks-2.

Saskatchewan

National Day for Truth and Reconciliation is not a public holiday in Saskatchewan. The provincial government website states that “it may be observed in provincial workplaces, such as by an employer’s policy or a collective bargaining agreement that includes the observance of federal statutory holidays.”

For more info on public holidays in the province, visit: https://www.saskatchewan.ca/business/employment-standards/public-statutory-holidays/list-of-saskatchewan-public-holidays.

Manitoba

As of December 2023, Orange Shirt Day (National Day for Truth and Reconciliation) is a general holiday in Manitoba, with the first recognition of this day taking place in September 2024. Typically, most employees will receive general holiday pay whether or not they’re working that day. With most general holidays in the province, employers can substitute another day; however, Orange Shirt Day is the exception: employers must recognize the day and don’t have the option of substituting it with another date.

For more information on general holidays in Manitoba, visit: https://www.gov.mb.ca/labour/standards/doc,gen-holidays-after-april-30-07,factsheet.html.

Ontario

National Day for Truth and Reconciliation is not a public holiday in Ontario. For more info on public holidays in the province, visit: https://www.ontario.ca/document/your-guide-employment-standards-act-0/public-holidays.

Québec

National Day for Truth and Reconciliation is not a paid statutory holiday in Québec. For more info about statutory holidays in the province, visit: https://www.cnesst.gouv.qc.ca/en/working-conditions/leave/statutory-holidays/list-paid-statutory-holidays.

Newfoundland and Labrador (NL)

National Day for Truth and Reconciliation is not a public holiday in NL. There are six public holidays in the province; however, different days can be observed in substitution if they’re outlined in a workplace’s collective agreement. For more information on public holidays in NL, visit: https://www.gov.nl.ca/ecc/files/Publications_Labour_Relations_At_Work_Updates_October-2022.pdf.

New Brunswick (NB)

National Day for Truth and Reconciliation is not a paid public holiday in NB, but is a provincial holiday instead (meaning that provincial government offices typically observe it). For more information about paid public holidays in the province, visit: https://www2.gnb.ca/content/dam/gnb/Departments/petl-epft/PDF/es/FactSheets/PublicHolidaysVacation.pdf.

Nova Scotia

National Day for Truth and Reconciliation is not a paid holiday in Nova Scotia, nor is it designated as one of the province’s designated retail closing days. For commonly-recognized days that aren’t designated as paid holidays under the Labour Standards Code, employers may choose to provide employees with those additional paid holidays. For more information on paid holidays in Nova Scotia, visit: https://novascotia.ca/lae/employmentrights/holidaychart.asp.

Prince Edward Island (PEI)

National Day for Truth and Reconciliation is a paid holiday in Prince Edward Island (PEI). For more information on who qualifies for paid holidays in the province, visit: https://www.princeedwardisland.ca/en/information/workforce-advanced-learning-and-population/paid-holidays.

Yukon

National Day for Truth and Reconciliation is a territorial statutory holiday in the Yukon. Eligible employees receive a day off with holiday pay. For more information on statutory holidays in the Yukon, visit: https://yukon.ca/en/find-yukon-statutory-holiday.

Northwest Territories

National Day for Truth and Reconciliation is a territorial statutory holiday in the Northwest Territories. For more information on statutory holidays in the Northwest Territories, visit: https://my.hr.gov.nt.ca/employees/leave-time/statutory-holidays.

Nunavut

National Day for Truth and Reconciliation is not a general holiday in Nunavut, but is a public service holiday instead (meaning that public service employees and territorially-regulated businesses observe it). Other businesses and organizations in Nunavut may also decide to observe. For more information on the territory’s general holidays, visit: https://www.nu-lsco.ca/faq-s.

It’s important for Canadian businesses to stay up-to-date with the legislation surrounding statutory holidays, such as National Day for Truth and Reconciliation, to ensure their payroll is compliant. Download a free copy of Payworks’ Payroll Guide to help you navigate federal and provincial holidays and other important legislation: https://www.payworks.ca/landing-pages/campaigns/payroll-guide.