Sale of Alcohol and Entertainment
The Act does not allow the sale of alcohol and the holding of performances, which would include games, matches, sports, contests, exhibitions, entertainment, dances, programs and theatrical and motion picture presentations before 12:00 noon on Remembrance Day.
This applies to all persons in the Province, not just those operating or employed in a business, trade or profession. For example, this applies to amateur performers as well as to non-profit organizations that may organize a fundraiser involving performers.
Period Of Silence
Businesses and services that are allowed to operate on Remembrance Day must suspend operations for 3 minutes starting at 10:59 am on November 11.
The required period of silence does not apply to businesses operating in the following categories: farming, fishing, aquaculture, Christmas tree operations, forestry, and industrial undertakings.
Holiday With Pay Rules
The Remembrance Day holiday rules are different from the general holiday rules under The Labour Standards Code. (opens in a new tab) For example, employees must work on Remembrance Day to qualify for another day off in lieu of Remembrance Day. This is not the case for general holidays under the Code (for instance, if Canada Day falls on a Sunday, many employees will get the following Monday off).
In addition, employers cannot substitute a day other than November 11 for the Remembrance Day holiday. This means, for example, that a business cannot decide to treat June 30 as the Remembrance Day holiday each year, in substitution for November 11, in order to provide employees with an alternative day off. By contrast, employers can substitute different dates for the general holidays under the Code provided they meet certain criteria set out in the Code.
Employees of businesses which are permitted to open earn a day off with pay if:
The day off with pay must be taken:
Employees do not earn “premium pay” (e.g., time and a half) for the time they work on Remembrance Day. However, employers may be required to provide premium pay under a collective agreement or other employment contract.
As noted above, certain types of businesses, trades or professions are exempt from the requirement to provide their employees who work on Remembrance Day with an alternate day off with pay. For these businesses, November 11 is a regular business day and the holiday with pay provisions do not apply.
Penalties
If someone fails to follow any of the Remembrance Day rules, they could be found guilty of a summary conviction offence and liable to pay a penalty of up to $1,000.
If an employer authorizes, directs, or knowingly permits anything to be done that violates the Act, they could be found guilty of a summary conviction offence and liable to pay a much more serious penalty of up to $15,000.
If a business, trade or profession is violating the closing provisions of the Remembrance Day Act,(opens in a new tab) an individual may contact the non-emergency line(opens in a new tab) of the local police department to investigate.
Questions
After reviewing the information referenced above, if you still have questions about whether your business, trade or profession can operate on Remembrance Day, you may consult a navigator at the Office of Regulatory Affairs and Service Effectiveness(opens in a new tab) for assistance.
For questions about the holiday with pay provisions, contact the Labour Standards Division(opens in a new tab).