Final Changes From 2012 Jobs and Growth Act Coming March 2015

Update on recent changes to the Canada Labour Standards Regulations as published in the Canada Gazette on December 31, 2014. The Jobs and Growth Act, 2012, which amends the Canada Labour Code, was given Royal Assent on December 14, 2012, and since that time sections of this act have slowly been brought into force and are now virtually complete with the exception of the general holiday provisions.

This final set of changes is set to come into force on March 16, 2015. With these amendments to the general holiday provisions, all employees, whether they are paid by an hourly rate, commission, or any other basis, will be entitled to holiday pay that is proportional to the total wages they earn. Most employees will receive one twentieth of the wages that they earned, excluding wages earned from overtime, during the four-week period immediately preceding the week in which the general holiday occurs. However, employees paid on commission will receive one sixtieth of the wages they earned over a 12-week period to reflect the fact that their wages can fluctuate.

In addition, eligibility requirements for holiday pay have also changed. While employees will remain ineligible for holiday pay for a general holiday that occurs in their first 30 days of employment, they will no longer be required to have earned wages for at least 15 of the 30 days immediately before a general holiday. As a result, many part-time workers will be eligible to receive holiday pay.

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