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Bill C-5

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Second Session, Forty-third Parliament,

69 Elizabeth II, 2020

HOUSE OF COMMONS OF CANADA

BILL C-5
An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)

FIRST READING, September 29, 2020

MINISTER OF CANADIAN HERITAGE

90955


SUMMARY

This enactment amends certain Acts to add a new holiday, namely, National Day for Truth and Reconciliation, which is observed on September 30.

Available on the House of Commons website at the following address:
www.ourcommons.ca


2nd Session, 43rd Parliament,

69 Elizabeth II, 2020

HOUSE OF COMMONS OF CANADA

BILL C-5

An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Purpose of this Act

Purpose

1The purpose of this Act is to respond to the Truth and Reconciliation Commission of Canada’s call to action number 80 by creating a holiday called the National Day for Truth and Reconciliation, which seeks to honour First Nations, Inuit and Métis Survivors and their families and communities and to ensure that public commemoration of their history and the legacy of residential schools remains a vital component of the reconciliation process.

R.‍S.‍, c. B-4

Bills of Exchange Act

2Subparagraph 42(a)‍(i) of the Bills of Exchange Act is replaced by the following:

  • (i)Sundays, New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Insertion start National Day for Truth and Reconciliation, which is observed on September 30 Insertion end , Remembrance Day and Christmas Day,

R.‍S.‍, c. I-21

Interpretation Act

3The portion of the definition holiday in subsection 35(1) of the Interpretation Act before paragraph (a) is replaced by the following:

holiday means any of the following days, namely, Sunday; New Year’s Day; Good Friday; Easter Monday; Christmas Day; the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning Sovereign; Victoria Day; Canada Day; the first Monday in September, designated Labour Day; Insertion start National Day for Truth and Reconciliation, which is observed on September 30 Insertion end ; Remembrance Day; any day appointed by proclamation to be observed as a day of general prayer or mourning or day of public rejoicing or thanksgiving; and any of the following additional days, namely,

R.‍S.‍, c. L-2

Canada Labour Code

4The definition general holiday in section 166 of the Canada Labour Code is replaced by the following:

general holiday means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Insertion start National Day for Truth and Reconciliation, which is observed on September 30 Insertion end , Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day and includes any day substituted for any such holiday Insertion start under Insertion end section 195; (jours fériés)

5Subsection 193(2) of the Act is replaced by the following:

Alternative day for holiday falling on non-working Saturday or Sunday

(2)Except as otherwise provided by this Division, when New Year’s Day, Canada Day, Insertion start National Day for Truth and Reconciliation Insertion end , Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday.

Coming into Force

Two months after royal assent

6This Act comes into force on the day that, in the second month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that second month has no day with that number, the last day of that second month.

Published under authority of the Speaker of the House of Commons



EXPLANATORY NOTES

Bills of Exchange Act
Clause 2:Relevant portion of section 42:

42In all matters relating to bills of exchange, the following and no other days shall be observed as legal holidays or non-juridical days:

  • (a)in all the provinces,

    • (i)Sundays, New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day,

Interpretation Act
Clause 3:Relevant portion of the definition:

holiday means any of the following days, namely, Sunday; New Year’s Day; Good Friday; Easter Monday; Christmas Day; the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning Sovereign; Victoria Day; Canada Day; the first Monday in September, designated Labour Day; Remembrance Day; any day appointed by proclamation to be observed as a day of general prayer or mourning or day of public rejoicing or thanksgiving; and any of the following additional days, namely,

Canada Labour Code
Clause 4:Existing text of the definition:

general holiday means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day and includes any day substituted for any such holiday pursuant to section 195; (jours fériés)

Clause 5:Existing text of subsection 193(2):

(2)Except as otherwise provided by this Division, when New Year’s Day, Canada Day, Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday.


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