F-1.1 - National Holiday Act

Updated to 1 April 1999

This document has official status.

chapter F-1.1

National Holiday Act

1. The 24th of June, St. John the Baptist Day, is the National Holiday.

1978, c. 5, s. 1.

2. The 24th of June is a statutory public holiday.

Where the date indicated in the first paragraph falls on a Sunday, the 25th of June is a public holiday for the purposes of application of sections 4 to 6.

1978, c. 5, s. 2; 1984, c. 27, s. 64; 1990, c. 73, s. 67.

3. (Repealed).

1978, c. 5, s. 3; 1990, c. 73, s. 68.

4. The employer must pay to the employee an indemnity equal to the average of his daily wages excluding overtime for the days worked during the complete period of pay preceding 24 June.

However, in the case of an employee who is an employee referred to in section 42.11 or 1019.4 of the Taxation Act (chapter I-3), the indemnity is computed on the basis of the wages increased by the tips attributed under that section 42.11 or reported under that section 1019.4.

Notwithstanding the first paragraph, the indemnity paid to an employee remunerated mainly by commission must be equal to the average of his daily wages established from the complete periods of pay in the three months preceding 24 June.

1978, c. 5, s. 4; 1979, c. 45, s. 166; 1983, c. 43, s. 6; 1990, c. 73, s. 69; 1997, c. 85, s. 29.

5. In any establishment or service where, by reason of the nature of its activities, work is not interrupted on 24 June, the employer, in addition to paying to the employee working on 24 June the wages for the work done, must pay to such employee an indemnity provided for in section 4, or grant him a compensatory holiday of one day. In the latter case, the holiday must be taken on the working day preceding or following 24 June.

1978, c. 5, s. 5; 1979, c. 45, s. 166.

6. Every employer must grant a compensatory holiday of a duration equivalent to a regular day of work where 24 June falls on a day that is not a regular working day for the employee.

Where the employee is remunerated on a time basis or on the basis of production or on any other basis, the employer must grant him a compensatory holiday or pay him the indemnity provided for in section 4.

The compensatory holiday must, in all cases, be taken on the working day preceding or following 24 June. However, if, at that time, the employee is an annual leave, the holiday is taken at a date agreed upon by the employer and the employee.

1978, c. 5, s. 6; 1979, c. 45, s. 166; 1984, c. 27, s. 65.

7. The employer is not required to grant the compensatory holiday or the indemnity provided for by this act to an employee who was not entitled to wages, or to an indemnity in lieu thereof, for at least ten days during the period from 1 June to 23 June.

1978, c. 5, s. 7.

8. This act is a public statute.

However, it shall not be construed in such a manner as to prohibit an agreement involving, for the employee,

(a)  an indemnity greater than those provided for in sections 4, 5 and 6, or a compensatory holiday longer that those provided for in sections 5 and 6; or

(b)  a lesser requirement than that provided for in section 7.

1978, c. 5, s. 8.

9. Any person who fails to comply with any provision of this Act is guilty of an offence and is liable to a fine of $325 to $700.

Sections 139 to 147 of the Act respecting labour standards (chapter N-1.1) apply, with the necessary modifications.

1978, c. 5, s. 9; 1979, c. 45, s. 166; 1986, c. 58, s. 37; 1990, c. 4, s. 421; 1992, c. 26, s. 17.

10. (Omitted).

1978, c. 5, s. 10.

11. (Amendment integrated into c. C-25, a. 6).

1978, c. 5, s. 11.

12. (Amendment integrated into c. I-16, s. 61).

1978, c. 5, s. 12.

13. (Amendment integrated into c. E-3, s. 2).

1978, c. 5, s. 13.

14. (Amendment integrated into c. C-27, s. 151.1).

1978, c. 5, s. 14.

15. (Amendment integrated into c. H-2, s. 2).

1978, c. 5, s. 15.

16. Any provision respecting 24 June contained in a collective agreement in force under the Labour Code at 8 June 1978 continues to have effect until the expiry of that collective agreement.

The same rule applies in the case of a decree in force under the Act respecting collective agreement decrees or the Act respecting labour relations in the construction industry at 8 June 1978.

1978, c. 5, s. 16.

17. This Act applies to the Government and to the Government departments and agencies.

1978, c. 5, s. 17.

17.1. For the application of this Act, section 5 and sections 98 to 123 of the Act respecting labour standards (chapter N-1.1) apply, with the necessary modifications.

1979, c. 45, s. 166.

17.2. The Minister of Labour is responsible for the application of this Act.

1979, c. 45, s. 166; 1981, c. 9, s. 34; 1982, c. 53, s. 57; 1992, c. 44, s. 81; 1994, c. 12, s. 42; 1996, c. 29, s. 43.

18. (Omitted).

1978, c. 5, s. 18.

19. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 5 of the statutes of 1978, in force on 1 June 1979, is repealed, except section 10, effective from the coming into force of chapter F-1.1 of the Revised Statutes.

The amendment to section 4 enacted by section 6 of chapter 43 of the statutes of 1983, to the extent that it refers to an allocation of gratuities or to gratuities that are allocated, will come into force on the date fixed by order of the Government (1983, c. 43, s. 17).