British Columbia Passes Legislation Recognizing National Day for Truth and Reconciliation as a Statutory Holiday

On March 9, 2023, Bill 2, the National Day for Truth and Reconciliation Act, received royal assent. Bill 2 recognizes National Day for Truth and Reconciliation (“NDTR”) on September 30 of each year as a statutory holiday.

Bill 2 is significant for employers because it amends and adds NDTR as a statutory holiday under the B.C. Employment Standards Act. As a result, provincially regulated employers in B.C. must now provide eligible employees with a paid day off on September 30 to observe NDTR.

Statutory holiday pay is calculated using the average day’s pay formula, based on an employee’s average earnings in the preceding 30 calendar days. For employees who must work on NDTR, employers must pay them at premium rates for all hours worked on the statutory holiday, in addition to the statutory holiday pay.

For employers with a unionized workplace, the effect of Bill 2 will vary depending on the specific provisions of their collective agreements, as statutory holidays are subject to a “meet or exceed” test under the B.C. Employment Standards Act.

Bill 2 was introduced by the provincial government in response to the Truth and Reconciliation Commission’s Call to Action #80, which urged the federal government to establish a holiday to honour survivors of residential schools and their families and communities. With it, British Columbia joins Canada, Prince Edward Island, the Northwest Territories, Nunavut and the Yukon as jurisdictions that have designated September 30 as a statutory holiday, and the total number of statutory holidays in B.C. is now 11.

While every effort has been made to ensure accuracy in this article, you are urged to seek specific advice on matters of concern and not to rely solely on what is contained herein. The article is for general information purposes only and does not constitute legal advice.