Research publications

• 1 Introduction
• 2 Methods of Designation
  • 2.1 Parliamentary Designation
    • 2.1.1 Designation by Legislation
    • 2.1.2 Designation by Resolution
  • 2.2 Governmental Designation
  • 2.3 Designation by an Association or Organization
• 3 Religious and Cultural Observances
• 4 Legal Holidays
• 5 Conclusion
• Notes
• Appendix - National Days and Observances in Canada

1 Introduction

Scarcely a week goes by without some special day or observance being marked somewhere in Canada. From legal holidays like Victoria Day and Canada Day, to days recognizing specific individuals or groups, to religious and cultural occasions, the Canadian calendar is replete with celebrations and commemorations.

There is no central authority in Canada responsible for the proclamation of national days. Days declared special by any public body, including municipal, provincial or federal governments, or even international bodies, such as the United Nations, as well as any private association, cultural group or religious institution, can be recognized in Canada.

This paper describes the processes by which a day, week or month may be recognized in Canada. It also describes the difference between observances that are legal holidays, where employees are paid for time off, and those that receive symbolic recognition, with particular attention to designations at the federal level. Federal legal holidays are set out in the Holidays Act,1 and the Canada Labour Code.2 Most efforts to designate a national day or observance, including parliamentary and government initiatives, establish symbolic recognition and not legal holidays.

2 Methods of Designation

Methods of designating special observances include:

• parliamentary initiatives, such as legislation and parliamentary resolutions;
• government initiatives, such as orders in council and proclamations; and
• non-governmental initiatives, such as declarations by an organization or a religious or cultural group.

2.1 Parliamentary Designation

2.1.1 Designation by Legislation

Parliament can pass legislation proclaiming specific days as holidays or officially recognized days. A well-known example is Canada Day, celebrated on 1 July of each year. The legislation dates back to 1879, when An Act to make the first day of July a public holiday by the name of Dominion Day was given Royal Assent.3 Parliament passed an amendment in 1982 specifying that the day would be observed as “Canada Day.” In addition to being recognized as a legal holiday in the Holidays Act, Canada Day is recognized as a legal holiday in the Canada Labour Code, as well as in employment legislation in all provinces and territories.

Not all statutes that establish a national day also create a legal holiday. Indeed, most bills presented by senators and members of Parliament aim only to bestow a symbolic recognition on a particular day, week or month.

Any senator or member of the House of Commons may introduce a bill proclaiming a  national day. If the bill, after being debated and passed by both chambers, receives Royal Assent, it is enacted as a statute of Canada, like any other piece of legislation. In most instances, bills to establish a national observance are introduced, not as government bills, but as Senate public bills in the Senate, and private members’ bills in  the House of Commons, with some differences in the procedures and scheduling between the two houses. Once enacted, these bills have the same legal effect as bills introduced by the government.4

Examples of national days established by Senate public bills include:

• Autism Awareness Day (2 April);5 and
• National Philanthropy Day (15 November).6

Some national observances established by House of Commons private members’ bills include:

• Vimy Ridge Day (9 April).7and
• National Peacekeepers’ Day (9 August);8 and

2.1.2 Designation by Resolution

In some cases, a national day or observance is established as a result of a resolution of the Senate or the House of Commons.

In the House of Commons, many resolutions come about as a result of a private member’s motion, which, once adopted by the members, constitutes a resolution of the  House. Such a resolution expresses the opinion of the House or calls upon the government to do something, but the government is under no legal obligation to take any action as a result of the resolution. Some private members’ motions are worded such that the motion itself expresses recognition of the national day or observance, while other motions call upon the government to bestow the appropriate recognition.

For example, Canadian Forces Day is observed on the first Sunday in June as a result of a motion passed in the House of Commons on 25 April 2002. That motion read as follows:

That, in the opinion of this House, the government should, on an annual basis, proclaim the first Sunday in June “Canadian Forces Day” in recognition of the tremendous contribution by the Canadian Forces, both at home and abroad, in such areas as the defence of Canada, our NATO commitments, humanitarian assistance, disaster relief, search and rescue and peacekeeping. 9

Ever since the first Sunday in June was recognized as Canadian Armed Forces Day, successive governments have issued statements marking the occasion each year.10

Not all resolutions of the House are the result of an item of private members’ business. For example, Black History Month is recognized in February following a resolution put forward by the then parliamentary secretary to the prime minister on 14  December  1995. The resolution, passed unanimously by the House of Commons, read as follows:

That this House take note of the important contribution of black Canadians to the settlement, growth and development of Canada, the diversity of the black community in Canada and its importance to the history of this country, and recognize February as black history month. 11

It was not until  2008 that a similar motion was passed by the Senate of Canada. The  resolution, presented by then senator Donald Oliver, was passed unanimously:

That the Senate take note of the important contribution of black Canadians to the settlement, growth and development of Canada, the diversity of the black community in Canada and its importance to the history of this country, and recognize February as Black History Month. 12

In his comments in support of the motion, Senator Oliver noted that the resolution passed by the House of Commons in  1995 had not, by itself, constituted a formal recognition on the part of the Parliament of Canada, since the Senate, being a component of Parliament, had not yet passed a resolution to establish Black History Month. He stated that his purpose in introducing in the Senate the motion to recognize Black History Month was to formalize the position of the Parliament of Canada.13

2.2 Governmental Designation

In some cases, it is the government, rather than Parliament, that establishes a national day or observance by way of a proclamation or order in council, with or without Parliament’s approval. An order in council is made by the Governor General on the advice of the Privy Council. It is usually formulated by Cabinet or a committee of Cabinet and takes legal effect when signed by the Governor General. An example is the 1996  order  in  council proclaiming 21  June as National Aboriginal Day.14

Other national observances that have been declared by orders in council include:

• National Day of Remembrance for Victims of Terrorism (23 June); and15
• Canadian Multiculturalism Day (27  June).16 and

2.3 Designation by an Association or Organization

Many special days and observances have been declared by not-for-profit associations, organizations and international bodies. There is no official list of all such observances in Canada. Usually, when a special day is proclaimed, the public is invited to mark the occasion and to learn about the work or activities of the sponsoring body. Such occasions may also be observed in commemoration of an event or to encourage public awareness of a specific issue.

For example, 10  December is widely recognized as Human Rights Day, a day first  declared by the United Nations and now marked in many countries around the  world, including Canada.17 Although no law or resolution has been passed by  Parliament to recognize Human Rights Day officially, it is typically marked by comments in the Senate and the House of Commons and by a statement by the foreign affairs minister. Many provincial governments, along with organizations, schools and universities, also recognize Human Rights Day, each in its own way.

Other special days and observances that are widely recognized in Canada include:

• International Women’s Day (8 March);18
• Daffodil Month in April;19 and
• Library month or week in October.20

3 Religious and Cultural Observances

Many special days and observances are religious or cultural occasions, and it is not uncommon for senators or members of the House of Commons to draw attention to them. Even when such occasions are not legal holidays, certain legislative provisions exist to ensure that they are respected.

For example, the Canada Elections Act includes a provision that allows the Chief Electoral Officer to avoid holding a federal election on the same day as a day of cultural or religious significance if, in his or her opinion, that would make the day unsuitable as a polling day. 21

4 Legal Holidays

Most designations of national days, weeks or months do not create any legal effect or obligations and offer symbolic recognition only. Some statutes contain a provision specifying that the day “is not a legal holiday or non-juridical day.”  22 Provisions such as these are included to make it clear that the day is not what is commonly known as a “statutory holiday” –- a day off for employment or other purposes.

One example relates to Workers Mourning Day, 28  April. When a bill related to this day was introduced in  1988 by Member of Parliament Rod Murphy, it did not contain such a clause, and objections were raised that productivity would suffer if the day were designated as a new statutory holiday. That bill did not proceed past first reading, and when Mr. Murphy introduced it again in  1990, it included a clause to clarify that the  day would not be a legal holiday; only then did members from all parties support the bill,23 which was enacted as the Workers Mourning Day Act in  1991.

Nevertheless, even without such a clause, a statute marking a special day does not create a legal holiday unless an explicit provision to that effect is included. Indeed, since 1990, a number of such statutes have been enacted without the clause, and they have not created a legal holiday.

Under the Canada Labour Code, employees of federally regulated industries are entitled to certain days off with pay –- New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day.24 In addition, collective agreements or employment contracts may provide for extra days or for days that are to be substituted for those holidays. Without an amendment to the Canada Labour Code, a statute declaring a national day or observance does not establish a day off with pay for federal employees.

It is important to note, however, that most employees in Canada are not employed in  federally regulated industries, but are subject to provincial employment standards legislation. This means, for example, that while the federal Holidays Act establishes Canada Day, Remembrance Day and Victoria Day as holidays, the provinces are not required to establish the same holidays under provincial legislation. This explains, for example, why some provinces designate Remembrance Day as a legal holiday, while others do not.

Provinces and territories may also pass legislation creating legal holidays to be  observed in their jurisdictions. Indeed, holidays can vary considerably from one  province to the next. For example, some provinces have instituted a paid holiday on  the first Monday in August, and a few have designated a date in February as  Family Day. Quebec maintains Saint-Jean-Baptiste Day as the annual Fête nationale [national holiday]. No federal statutes, proclamations or parliamentary resolutions have any  effect on any of these provincial holidays.

5 Conclusion

Some government departments provide a calendar of events for the year that shows special days, weeks and months.25 In addition, the appendix to this paper includes a table showing national days and observances. Since there are so many special days observed in Canada, and since there is no central authority responsible for them, the table should be seen as a useful guide but not a comprehensive list of every special day observed in Canada.

Notes

†  Papers in the Library of Parliament’s In Brief series are short briefings on current issues. At times, they may serve as overviews, referring readers to more substantive sources published on the same topic. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations in an objective, impartial manner. [ Return to text ]

Appendix - National Days and Observances in Canada

The following table shows the national days and observances established under federal statutes, orders in council and resolutions of the Senate or of the House of Commons, as well as certain days recognized by federal government departments or other bodies. It does not include religious observances or provincial holidays, except those also established by a federal statute, order in council or parliamentary resolution. Because of the large number of special days observed in Canada, and the fact that there is no central authority responsible for them, the table should be seen as a useful guide, not as a comprehensive list of every special day observed in Canada.