Updated info on provincial and 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 Prince Edward Island, the Northwest Territories, the Yukon, Nunavut, New Brunswick, British Columbia, and – most recently – Manitoba.

Which provinces and territories recognize National Day for Truth and Reconciliation as a statutory holiday:

• Federal government and federally-regulated workplaces: National Day for Truth and Reconciliation is a statutory holiday for employees in the federal government and federally-regulated workplaces. Those industries and workplaces will be closed on September 30, or on a day in observance if September 30 falls on a non-working day.
  
  Visit https://www.canada.ca/en/services/jobs/workplace/federally-regulated-industries.html for a list of federally-regulated workplaces.
  
  
• Prince Edward Island (PEI): National Day for Truth and Reconciliation is a provincial statutory holiday in Prince Edward Island (PEI). Provincial government offices and schools will be closed September 30, or on a day in observance if the day falls on a non-working day. Other businesses and organizations in the province may also decide to observe.
  
  For more information on who qualifies for paid holidays, visit: https://www.princeedwardisland.ca/en/information/economic-growth-tourism-and-culture/paid-holidays.
  
  
• Northwest Territories: National Day for Truth and Reconciliation is a territorial statutory holiday in the Northwest Territories. Territorial government offices and schools will be closed on September 30, or on a day in observance if the day falls on a non-working day. Other businesses and organizations may also decide to observe.
  
  For more information on who qualifies for paid holidays, visit: https://www.ece.gov.nt.ca/sites/ece/files/resources/2021_08-_factsheet-_employment_standards_-_english_1_0.pdf. 
  
  
• Nunavut: National Day for Truth and Reconciliation is a territorial statutory holiday in Nunavut. Public service employees and territorially-regulated businesses will be closed September 30, or on a day in observance if the day falls on a non-working day. Other businesses and organizations in Nunavut may also decide to observe.
  
  For more information on who qualifies for paid holidays, visit: https://nu-nlsb.ca/faq/#:~:text=What%20holiday%20pay%20am%20I,Remembrance%20Day%2C%20and%20Christmas%20Day.
  
  
• Yukon: National Day for Truth and Reconciliation is a territorial statutory holiday in the Yukon. Territorial government offices and schools are closed September 30, or on a day in observance if it falls on a non-working day. Other businesses and organizations in the Yukon may also decide to observe.
  
  For more information on who qualifies for paid holidays, visit: https://yukon.ca/en/employee-information-statutory-holidays.
  
  
• New Brunswick: National Day for Truth and Reconciliation is a provincial holiday in New Brunswick. Provincial government offices and schools will be closed on September 30, or on a day in observance if the day falls on a non-working day. The holiday is optional for private businesses in New Brunswick.
  
  For more information on who qualifies for paid holidays, visit: https://www2.gnb.ca/content/gnb/en/departments/finance/human_resources/content/policies_and_guidelines/leave_policies/statutory_public_holidays.html.
  
  
• British Columbia: As of September 2023, National Day for Truth and Reconciliation is a provincial statutory holiday in British Columbia (BC). Provincial government offices and schools will be closed on September 30, or on a day in observance if the day falls on a non-working day. Employees under BC’s Employment Standards Act will be entitled to a paid day off.
  
  For more information on who qualifies for paid holidays, visit: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/statutory-holidays/qualify-for-statutory-holiday-pay.
  
  

• Manitoba: As of December 2023, Orange Shirt Day (National Day for Truth and Reconciliation) is a provincial statutory holiday in Manitoba, with the first recognition of this day taking place in September 2024. Provincial government offices and schools will be closed on September 30, or on a day in observance if the day falls on a non-working day. Typically, employers may substitute another day for all general holidays, except Orange Shirt Day. 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.

Provincial and territorial jurisdictions across Canada are recognizing National Day for Truth and Reconciliation incongruously. Some jurisdictions have passed legislation making National Day for Truth and Reconciliation a provincial or territorial statutory holiday, while in other regions legislation doesn’t regulate that businesses close. In some instances, businesses and organizations are encouraged to commemorate the day or have the choice to remain open.

What Canadian businesses need to know about how the September 30 stat holiday can affect their payroll:

It’s likely that National Day for Truth and Reconciliation will impact and change both your payroll processing and pay dates, regardless of what jurisdiction your business is located in and/or if your province or territory recognizes National Day for Truth and Reconciliation as a statutory holiday. 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.

It’s important for Canadian businesses to stay up-to-date with holidays and important dates, such as National Day for Truth and Reconciliation. Download a free copy of Payworks’ Payroll Calendar to help you navigate federal and provincial holidays, bank closures, and other important dates: https://www.payworks.ca/landing-pages/campaigns/payroll-calendar.