Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
What is it?
The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, which were operated between the late 1800s and the late 1990s by the federal government and Christian churches as part of a federal policy to assimilate Indigenous peoples into Canadian society.
In 2015, the TRC issued Truth and Reconciliation Commission of Canada: Calls to Action, which contained 94 calls to action in response to the injustices inflicted on First Nations, Inuit and the Métis Nation, including the forced removal of children from their families to attend residential schools and the abuse the children experienced in them. The establishment of a National Day for Truth and Reconciliation as a statutory holiday is in response to the 80th call to action, which urged the federal government to work with Indigenous peoples to establish such a holiday. As stated in the calls to action report, the holiday’s purpose is to “honour Survivors, their families, and communities, and ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process.”
Where is it observed?
Federal Jurisdiction
On June 3, 2021, the Canadian federal government’s Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), received Royal Assent, and came into force on August 2, 2021. Bill C-5 amended the Canada Labour Code to provide for annual observance by the federal government and federally regulated workplaces of a new general holiday with pay on September 30, the National Day for Truth and Reconciliation. Federally regulated workplaces include but are not limited to workplaces relating to air transportation, banks, radio and television broadcasting, railways that cross provincial and international borders, and telecommunications.
Prince Edward Island
On November 17, 2021, Prince Edward Island’s Bill 22, An Act to Amend the Employment Standards Act (No. 2), came into force. Bill 22 added the National Day for Truth and Reconciliation, observed on September 30, to the list of paid holidays in Prince Edward Island (PEI). PEI’s Employment Standards Act applies to provincially regulated employers in PEI.
Northwest Territories
On June 3, 2022, Bill 47, An Act to Amend the Employment Standards Act, No. 2, came into force. Bill 47 amended the Northwest Territories’ Employment Standards Act (ESA) to add the National Day for Truth and Reconciliation, observed on September 30, as a statutory holiday for all workers in the Northwest Territories (NWT). The NWTs’ ESA applies to territorially regulated employers in the NWT.
Nunavut
On June 13, 2022, Bill 5, An Act to Amend Certain Acts Respecting the National Day for Truth and Reconciliation, came into force. Bill 5 amended Nunavut’s Labour Standards Act (LSA), Legislation Act and Public Service Act, to add the National Day for Truth and Reconciliation, observed on September 30, as a “general holiday” with pay in Nunavut. Nunavut’s LSA applies to territorially regulated employers in Nunavut.
Yukon
On November 24, 2022, Yukon’s Bill 305, National Day for Truth and Reconciliation Act, recognized the National Day for Truth and Reconciliation, observed on September 30, as a “general holiday” under the Employment Standards Act. An employee who is not working on a general holiday must meet criteria specified in the ESA to qualify for the general holiday with pay. Yukon’s ESA applies to territorially regulated employers in Yukon.
British Columbia
On March 9, 2023, British Columbia’s Bill 2, National Day for Truth and Reconciliation Act, came into force. Bill 2 amended the province’s Employment Standards Act to add the National Day for Truth and Reconciliation, observed on September 30, as a statutory holiday. BC’s ESA applies to provincially regulated employers in the province.
Manitoba
More recently, on December 7, 2023, Manitoba’s Bill 4, The Employment Standards Code Amendment and Interpretation Amendment Act (Orange Shirt Day), came into force. Bill 4 amended the Employment Standards Code (ESC) and The Interpretation Act to add Orange Shirt Day (National Day for Truth and Reconciliation), observed on September 30, as a paid “general holiday.” Manitoba’s ESC applies to provincially regulated employers in the province.
We will update this list if and when additional jurisdictions follow suit.
