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1st Session, 43rd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 4

THE EMPLOYMENT STANDARDS CODE AMENDMENT AND INTERPRETATION AMENDMENT ACT (ORANGE SHIRT DAY)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

WHEREAS the Truth and Reconciliation Commission of Canada's Call to Action 80 called for a national day of remembrance for residential school survivors, and the federal government has established the National Day for Truth and Reconciliation on September 30;

AND WHEREAS in Manitoba, September 30 is recognized as Orange Shirt Day to commemorate the history and legacy of residential schools;

AND WHEREAS a path toward reconciliation is forged in Manitoba and Canada through the recognition and acknowledgement of the resilience, courage and strength of residential school survivors;

AND WHEREAS commemoration is a vital part of the reconciliation process and recognizing Orange Shirt Day in law provides all Manitobans with the opportunity to acknowledge the legacy of residential and day schools and the harm, including intergenerational trauma, caused to Indigenous people by colonial policies and practices;

AND WHEREAS recognition of the day also provides an opportunity to acknowledge and remember the injustice suffered by Indigenous people as a result of their children being taken from their families and placed to live with non-Indigenous parents;

AND WHEREAS this opportunity for acknowledgement and remembrance ought to be available to every Manitoban no matter where they work and the participation of the children of Manitoba in this opportunity strengthens the province's commitment that every child matters;

THEREFORE HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E110 amended

1(1)   The Employment Standards Code is amended by this section.

1(2)   The definition "general holiday" in subsection 21(1) is amended by adding the following after clause (e):

(e.1) Orange Shirt Day (National Day for Truth and Reconciliation);

1(3)   The following is added after subsection 28(3):

Exception

28(4)   This section does not apply to Orange Shirt Day (National Day for Truth and Reconciliation).

C.C.S.M. c. I80 amended

2   Subsection 23(1) of The Interpretation Act is amended by adding the following after item 6:

6.1

Orange Shirt Day (National Day for Truth and Reconciliation)

Consequential amendment, C.C.S.M. c. P250

3   Subsection 78(2) of The Public Schools Act is replaced with the following:

When holiday falls on weekend

78(2)   If a school holiday, other than Saturday, Sunday or Remembrance Day, falls on a weekend, it must be observed on the following Monday.

Coming into force

4   This Act comes into force on the day it receives royal assent.

Explanatory Note

The Employment Standards Code and The Interpretation Act are amended to observe Orange Shirt Day (National Day for Truth and Reconciliation) as a provincial statutory holiday on September 30.

Employers and employees may not substitute a different date for observing Orange Shirt Day.

In addition, The Public Schools Act is amended to ensure that, in years when Orange Shirt Day falls on a Saturday or Sunday, schools are closed on the following Monday.