Ontario Proposes Allowing Retail Stores to Open on Family Day and Victoria Day

The Ontario government has put forward a proposal that would permit retail stores to open on Family Day and Victoria Day, though retailers would not be required to do so. If the proposal proceeds, eligible retail employees who choose to work on those days would be entitled to time‑and‑a‑half premium pay, in addition to their full public holiday pay under the Employment Standards Act, 2000 (“ESA”). An effective date has not yet been confirmed, but the province has indicated that it is targeting implementation before Victoria Day on May 18, 2026. In the meantime, retailers may wish to review their public holiday staffing practices to ensure they remain ESA-compliant.

Currently, Ontario’s Retail Business Holidays Act (“RBHA”) mandates retail closures on nine holidays, including Family Day and Victoria Day. Under the proposed amendments, those two days would be removed from the RBHA’s mandatory closure regime, while the remaining holiday closure requirements would stay in place. Provincial and municipal authorities would continue to regulate retail closures on other RBHA holidays. The proposed change is limited in scope and does not alter the broader structure of retail holiday regulation in Ontario.

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