If you cannot clearly identify whether your business falls within one of the listed exceptions provided throughout this tool, then your business should close on Remembrance Day.
Based on questions that have been received in previous years, the following clarifications have been provided:
Real estate agents - real estate agents (regardless of whether they are a sole proprietor or part of a real estate firm or company), are not permitted to operate because the Act prohibits selling real property or offering it for sale on Remembrance Day.
Employee Training - If your business or operation should otherwise be closed on Remembrance Day, you cannot require staff to attend training sessions.
Supporting staff for a business industry that is permitted to open – If a business is allowed to operate on Remembrance Day, such as those engaged in an “industrial undertaking”, then all staff within the organization are allowed to work. For example, a manufacturing business is allowed to have finance and human resources staff, etc. working (not just the manufacturing staff).
Gyms – Stand alone gyms are not generally considered “recreation” operations under the definition of “hospitality industry” in the Act and should close. The exception to this rule though, is gyms within or attached to a hotel or B&B (or other registered tourist accommodation), which exist primarily to service the guests of the hotel or B&B are permitted to be open as they would fall under the definition of “hospitality industry”.
For maximum clarity here, simply being located within the same building as a hotel or B&B does not allow a gym to open. For a gym to be open, it must be owned and operated by the hotel or B&B with the primary focus of serving the needs of guests.
Spas – Stand alone spas are not generally included in the definition of “hospitality industry” in the Act and should close. The specific exception to this rule though, is spas within or attached to a hotel or B&B (or other registered tourist accommodation), which exist primarily to service the guests of the hotel or B&B are permitted to be open as they would fall under the definition of “hospitality industry”.
For maximum clarity here, simply being located within the same building as a hotel or B&B does not allow a spa to open. For a spa to be open, it must be owned and operated by the hotel or B&B with the primary focus of serving the needs of guests.
Athletic facilities – The Remembrance Day Act(opens in a new tab) does not allow athletic facilities to open, regardless of the business model, be it membership-based or otherwise. The Act prohibits facilities such as tennis centres or golf courses from opening, among others. The only exception is if a sports facility is part of a hospitality business, such as a hotel or resort (i.e. a business enterprise whose primary function is providing food and/or lodgings to guests).
Physicians – Private consult appointments (whether in clinic or in hospital) are not permitted under the Remembrance Day Act(opens in a new tab). The only medical care that is permitted is care for the relief of sickness or suffering, which is generally confined to emergency care (in a private clinic or hospital) or routine follow up/appointments within the hospital, as a part of the normal course of hospital operations (for example, a scheduled post-surgery clinic appointment).
In summary, a clinic should not be open for private consults, but arrangements can be made for a clinic to open and receive emergencies, should they arise. Meanwhile, hospital work should be limited to seeing patients at the hospital as part of the usual operations of the hospital.
Allied Health professionals such as physiotherapists and occupational therapists, chiropractors, massage therapists, and others should close.
Dentists and Orthodontists operating outside of a hospital should close except for emergencies.
Veterinarians should close except for emergency care.
Engineering Companies are not considered part of the “construction industry”, and the office should close; however, if staff from the firm are directly involved in overseeing construction industry work, they are permitted to work.
Landscaping Services will generally not be considered part of the “construction industry” unless they are integral to the construction work that is being done on specific projects. Landscaping firms should generally close.