The Government of Ontario has proposed changes which would allow a retail business to remain open on Family Day and Victoria Day, across the Province.
At present, rules regarding whether a retail business must close or can remain open on a public holiday vary across municipalities, creating a fragmented patchwork for consumers, employees, and retailers. The proposed change will amend the Retail Business Holidays Act[1] to exclude these two non-religious public holidays from the Act’s rules.
The Ontario Employment Standards Act (“ESA”) would continue to apply to Family Day and Victoria Day: an employee who works on either of those days would receive premium pay and public holiday pay in accordance with the ESA, and may refuse to work on a holiday, unless an exception under the ESA applies.
The Province has yet to introduce the proposed legislation but aims to have these changes in place by Victoria Day 2026. We will keep our readers apprised. Stay tuned.
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The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of March 18, 2026 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the article is prepared but may become outdated as laws or policies change. For clarification or for legal or other professional assistance please contact Sherrard Kuzz LLP.
[1] The Retail Business Holidays Act requires most Ontario retail businesses to close on most holidays, including on New Year’s Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, and Christmas Day. A municipality may adopt by-laws allowing certain stores to be open on certain holidays.