British Columbia joins Canada’s federal government, Prince Edward Island, the Northwest Territories, Nunavut and the Yukon in observing September 30 as a statutory holiday to mark the National Day for Truth and Reconciliation. When the National Day for Truth and Reconciliation Act receives royal assent, itwill amend the British Columbia Employment Standards Act (the ESA) to include the National Day for Truth and Reconciliation in the definition of “statutory holiday,” bringing the number of British Columbia’s statutory holidays to 11.

The new statutory holiday means eligible British Columbian employees will have a paid day off, or payment at premium rates if required to work, in hopes of encouraging more British Columbians to get involved in advancing reconciliation with Indigenous peoples. Beginning September 30, 2023, employers will be required to pay statutory holiday pay to all employees who have been employed for 30 calendar days by September 30, 2023, and either worked or earned wages (for example, paid vacation days) on 15 of the 30 days before September 30, 2023.

Under the ESA, a statutory holiday requires an employer to pay an eligible employee the amount equal to an average day’s pay. An average day’s pay is calculated using the formula of dividing the number of days an employee worked by the total wages paid to the employee in the 30 days prior to September 30, 2023. Total wages includes regular wages, salary, commission, statutory holiday pay, paid vacation and paid sick days, and excludes overtime pay.

For more information, please contact the authors, Sylvia Nicholles and Rachel Au.