The National Day for Truth and Reconciliation (NDTR) is a day the Government of Canada asks Canadians to honour the children who did not return home as well as the Survivors of residential schools, and their families and communities. Public commemoration of the tragic and painful history, as well as the ongoing impacts of residential schools, is a vital component of the reconciliation process, and as such, this day was deemed a statutory holiday on September 30th, 2021.
This holiday was proclaimed by the Governor General on June 3rd, 2021, receiving Royal Assent by Chief Justice Richard Wagner. The law is clear that Royal Assent is analogous to a proclamation into law[1] as it is the constitutional conclusion of the legislative process. This statutory holiday was added to the Bills of Exchange Act, along with the statutory holidays listed in Police Collective Agreements. The NDTR was further added under the definition of Holiday pursuant to the Interpretation Act, and the Canada Labour Code.
All members of a Police Service are contractually entitled to all statutory holidays as set out in their agreements. This list was not intended to be exclusive of any newly declared holidays by the Government of Canada, and as such, effective September 30th, 2021, all members are entitled to this additional statutory holiday.
Absent agreement to recognize this statutory holiday, Employers are in breach of their Collective Agreements, as well as the Ontario Human Rights Code. The majority of Police Employers across the Province recognize this day as a Statutory Holiday and provide the requisite compensation to their members for it. Failing to do so is discriminatory and in violation of the Collective Agreement.
There are a number of arbitral decisions that provide clear support for the recognition of this holiday.[2] Any legal holiday authorized by either the federal or provincial government should be added to the Collective Agreement. Ultimately, the parties have listed as paid holidays from federal and provincial statutes, and consistent with the purpose of including these holidays, there is a collective agreement holiday benefit attached to all other days proclaimed as holidays on the completion of either a provincial or federal legislative ratification process.
In addition to the holidays set out specifically, and for added clarification, Association's should consider negotiating the following language in their Collective Agreements: "all other days proclaimed as holidays by the Governor-General of Canada or the Lieutenant-Governor of the Province of Ontario."
[1] AUPE and Alberta Health Services (848846), Re 2022 CarswellAlta 685.
[2] AUPE and Alberta Health Services (848846), Re 2022 CarswellAlta 685; Windsor (City) and CUPE, Local 543 (40-21), Re 2022 CarswellOnt 1649; LIUNA, Local 1059 and London & District Concrete Formwork Contractors' Assn. (Statutory Holiday), Re 2021 CarswellOnt 13607; UFCW, Local 1006A and National Grocers Co. (GR0148), Re 2021 CarswellOnt 14694; Olympic Motors (WC1) Corp. and IAMAW, Local 1857 (National Day for Truth and Reconciliation), Re 2021 CarswellBC 3513; Sodexo Canada Ltd. and LIUNA, Local 1059, Re 2021 CarswellOnt 20692; Mission Hill Vineyards and SEIU, Local 2 (National Truth and Reconciliation Day), Re 2022 CarswellBC 1081; Terrapure Environmental and USW, Local 2009, Re 2021 CarswellBC 4110; Manalta Coal Co. and Alberta Strip Miners Union, Local 1595, Re 1990 CarswellAlta 993.
ick here to edit.
This holiday was proclaimed by the Governor General on June 3rd, 2021, receiving Royal Assent by Chief Justice Richard Wagner. The law is clear that Royal Assent is analogous to a proclamation into law[1] as it is the constitutional conclusion of the legislative process. This statutory holiday was added to the Bills of Exchange Act, along with the statutory holidays listed in Police Collective Agreements. The NDTR was further added under the definition of Holiday pursuant to the Interpretation Act, and the Canada Labour Code.
All members of a Police Service are contractually entitled to all statutory holidays as set out in their agreements. This list was not intended to be exclusive of any newly declared holidays by the Government of Canada, and as such, effective September 30th, 2021, all members are entitled to this additional statutory holiday.
Absent agreement to recognize this statutory holiday, Employers are in breach of their Collective Agreements, as well as the Ontario Human Rights Code. The majority of Police Employers across the Province recognize this day as a Statutory Holiday and provide the requisite compensation to their members for it. Failing to do so is discriminatory and in violation of the Collective Agreement.
There are a number of arbitral decisions that provide clear support for the recognition of this holiday.[2] Any legal holiday authorized by either the federal or provincial government should be added to the Collective Agreement. Ultimately, the parties have listed as paid holidays from federal and provincial statutes, and consistent with the purpose of including these holidays, there is a collective agreement holiday benefit attached to all other days proclaimed as holidays on the completion of either a provincial or federal legislative ratification process.
In addition to the holidays set out specifically, and for added clarification, Association's should consider negotiating the following language in their Collective Agreements: "all other days proclaimed as holidays by the Governor-General of Canada or the Lieutenant-Governor of the Province of Ontario."
[1] AUPE and Alberta Health Services (848846), Re 2022 CarswellAlta 685.
[2] AUPE and Alberta Health Services (848846), Re 2022 CarswellAlta 685; Windsor (City) and CUPE, Local 543 (40-21), Re 2022 CarswellOnt 1649; LIUNA, Local 1059 and London & District Concrete Formwork Contractors' Assn. (Statutory Holiday), Re 2021 CarswellOnt 13607; UFCW, Local 1006A and National Grocers Co. (GR0148), Re 2021 CarswellOnt 14694; Olympic Motors (WC1) Corp. and IAMAW, Local 1857 (National Day for Truth and Reconciliation), Re 2021 CarswellBC 3513; Sodexo Canada Ltd. and LIUNA, Local 1059, Re 2021 CarswellOnt 20692; Mission Hill Vineyards and SEIU, Local 2 (National Truth and Reconciliation Day), Re 2022 CarswellBC 1081; Terrapure Environmental and USW, Local 2009, Re 2021 CarswellBC 4110; Manalta Coal Co. and Alberta Strip Miners Union, Local 1595, Re 1990 CarswellAlta 993.
ick here to edit.
| 2022canlii95985.pdf |
| 2023canlii62805.pdf |
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