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The Remembrance Day Act
This is an unofficial archived version of The Remembrance Day Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. R80

The Remembrance Day Act

WHEREAS Canada's heritage of freedom and human dignity has, under Providence been preserved through the unselfish devotion of those who sacrificed health, limb, and life itself in two World Wars;

AND WHEREAS the eleventh day of November has been set aside by the Parliament of Canada as a day to be kept and observed throughout Canada in each and every year under the name: "Remembrance Day";

AND WHEREAS it is fitting that on Remembrance Day the people of Manitoba should pay grateful tribute to the memory of those who have died, cherish those who have suffered grievous injury, and dedicate themselves anew to the maintenance and furtherance of the great ideals hallowed by those sacrifices;

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

Definitions.

1

In this Act,

"continuously operating plant" means

(a) an industrial plant, or

(b) an establishment, factory, works, or undertaking, in or about any industry, in which, in each seven-day period, operations once commenced normally continue day and night without cessation until the completion of the regularly scheduled operations for that period; ("établissement à production ininterrompue")

"employee" means a person who is in receipt of, or entitled to, compensation for labour or services performed for another in an industry, but does not include an independent contractor; ("employé")

"employer" means a person, firm, corporation, agent, manager, representative, contractor, sub-contractor, or principal, having control or direction of, or responsible directly or indirectly for, the employment of an employee in an industry; ("employeur")

"industry" means any establishment, works, undertaking, business, calling, trade, profession, work, or occupation, excepting the business, work, or occupation of farming; ("industrie")

"performance" includes any game, match, sport, contest, exhibition, entertainment, dance, program, theatrical presentation, or motion picture presentation. ("spectacle")

Prohibition of work on Remembrance Day.

2

Except as herein provided, no person shall, on Remembrance Day,

(a) sell, offer for sale, or purchase, any goods, chattels, or other personal property or real property; or

(b) for gain or reward engage as employer or employee in any industry.

Where section 2 not applicable.

3(1)

Section 2 does not apply to

(a) the operation of hospitals or work for the relief of sickness or suffering;

(b) the sale of drugs, medicines, and surgical appliances, by retail;

(c) the operation of hotels and restaurants;

(d) the work of policemen, firemen, furnace tenders, watchmen, janitors, or domestic servants;

(e) the effecting of emergency repairs;

(f) subject to subsection (3), the operation of a continuously operating plant, except where the established cycle of operations would ordinarily begin or end on Remembrance Day;

(g) conveying of goods or travellers on railways or street railways or in other public conveyances, and work incidental thereto;

(h) the caring for perishable products and live animals;

(i) the sale of bread or milk;

(j) the operation of a dairy, a milk processing plant or a dairy manufacturing plant as defined in The Dairy Act, or to which that Act applies, and the distribution of its products directly to the consumer;

(k) the operation of a bakery for the baking of products for sale on the next succeeding day;

(l) the conducting, in meat packing plants, of those processes that cannot be postponed without serious deterioration of meat quality; and the carrying on of such other operations as are necessary in receiving, paying for, and shipping livestock and meat products;

(m) the doing of any work without the doing of which on Remembrance Day electric current, heat, gas, light, or water, cannot be continuously supplied;

(n) work incidental to the conducting of commemorative or religious services;

(o) the operation of the office of a broker who is registered as such under The Securities Act and who, in the conduct of his business, has occasion on behalf of clients to transact business on Remembrance Day on stock exchanges outside the province;

(p) the publication of newspapers including all work necessary for, or incidental to, the preparation, printing, and distribution thereof; and

(q) the completion, before six o'clock in the forenoon of Remembrance Day, of a regular shift or tour of duty commenced on the previous day; or the beginning, after nine o'clock, on the afternoon of Remembrance Day, of a regular shift or tour of duty continuing into the next following day.

Limited exemption respecting drug stores.

3(2)

Nothing in subsection (1) exempts from the application of section 2 the sale in a druggist's or chemist's shop of goods or merchandise other than drugs, medicines, and surgical appliances.

Operations of continuously operating plant.

3(3)

Where the established cycle of operations in a continuously operating plant would ordinarily begin or end on Remembrance Day, that cycle of operations shall be shortened so as to comply with this Act.

Application in respect of performances.

3(4)

Section 2 does not apply to the carrying on, giving, production, or conducting of a performance where the work of preparing therefor, and the performance, begins after one o'clock in the afternoon of Remembrance Day.

Where employee required to work on Remembrance Day.

3(5)

Where an employee is required to work, or be on duty, on Remembrance Day, he shall be paid, in respect of the time he is required to work or be on duty on that day, or in respect of not less than 1/2 of the normal working hours of a regular working day, whichever is the greater, wages at not less than twice his regular rate of wages or

(a) be paid, in respect of the time he is required to work or be on duty on that day, or in respect of not less than one-half of the normal working hours of a regular working day, whichever is greater, wages at a rate not less than his regular rate of wages; and

(b) be granted, in addition to any annual vacation to which he may be entitled under any Act of the Legislature, one day of leave with pay at his regular rate in lieu of Remembrance Day

(i) within 30 days before of after Remembrance Day, or

(ii) where he or a recognized bargaining agent on his behalf, and his employer agree on a date more than 30 days after Remembrance Day, on that date, but where sub-clause (b)(i) applies, the employer shall give the employee at least two days prior notice of the day to be granted to the workman as leave in lieu of Remembrance Day.

Suspension of work at 11 o'clock.

4

Every employer carrying on or engaged in an industry to which section 2 does not apply shall, subject to section 5, relieve the employees in the industry from duty, and suspend the operations of the industry, for a period of three minutes, at one minute before 11 o'clock on the forenoon on Remembrance Day.

Permit for emergency work.

5

In circumstances beyond human control and for which no other arrangements can be made, the Minister of Labour may grant a permit for the doing of work required in the circumstances to meet an emergency; and the minister may attach such conditions as he deems fair and reasonable in the circumstances.

Offence and penalty.

6(1)

Any person who contravenes, disobeys, or refuses, neglects, omits, or fails to observe and comply with any provision of this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100.

Offence by employer.

6(2)

An employer who authorizes, directs, or knowingly permits, anything to be done in violation of any provision of this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $300.