Right to Refuse to Work on Sundays and Other Uniform Closing Days

The government has announced that there will be no restrictions on retail openings on Sundays and all holidays except Remembrance Day.

Read the Government news release.

The Labour Standards Code gives employees in some retail businesses the right to refuse to work on uniform closing days. The uniform closing days are:

Sundays
New Years Day
Good Friday
Canada Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day

Which retail businesses are exempt from the right to refuse to work rules?

Retail businesses whose employees do not have a right to refuse to work are:

grocery stores that at no time operate in an area greater than 4,000 square feet. Note: If two or more stores selling groceries are owned by related persons and are in the same building or are adjacent or in close proximity to one another, they are considered to be one store for the purposes of determining whether employees have the right to refuse to work on uniform closing days.
drug stores if they do not have more than 2,000 square feet dedicated to food items; are not larger than 20,000 square feet in total, and are not in a department store
retail businesses selling agricultural products or maple sugar products
Christmas tree sales
retail gas stations (motor vehicle service stations)
restaurants and tourism/hotel services
confectionary stores
stores selling handicrafts and souvenirs to tourists
canteen or fruit stands
flea markets and rummage sales
retail fish stores
laundromats
billiard and pool halls
video rental places
modular (prefabricated) home sales
nursery and plant stores
the sale of books, newspapers, magazines
antique stores
art galleries
used clothing stores
private clubs, veterans and other clubs
public games for gain and reward
public performances, cinemas
car rental and boat rental operations
buses, train and other modes of transportation
ferry operations
telephone and telegraph operations
broadcasting operations
newspaper publication
retail businesses providing goods and services on an emergency basis

Are there other retail employees who do not have a right to refuse to work on Sundays or other uniform closing days under the Labour Standards Code?

Unionized employees are also exempt from the right to refuse to work provisions of the Code.

What protection does the right to refuse give employees?

Employees in retail businesses which are not exempted have the right to refuse to work on uniform closing days, either in general or on particular Sundays or other uniform closing days.

Employees who have the right to refuse are protected against retaliation and can be ordered reinstated with back pay if their employment is terminated or they are demoted because they refuse.

What if an employee who had agreed to work on Sundays changes her mind?

She can change her mind by giving her employer seven days notice of her intention to not work on Sundays or other uniform closing days, or on a particular Sunday or uniform closing day.

Can an employer ask an employee to sign an agreement waiving her right to refuse?

No. The right to refuse to work on uniform closing days cannot be waived.

Are the uniform closing days the same as the paid holidays listed under the Labour Standards Code?

Some of the days are the same, like Christmas Day, but other days are different. For example, Boxing Day and Thanksgiving Day are uniform closing days but not paid holidays.

More information is available on paid holidays under the Labour Standards Code.

What about Remembrance Day?

Remembrance Day is a holiday under the Remembrance Day Act and is somewhat different than the 5 general holidays in the Labour Standards Code.

Employees required to work on Remembrance Day get an alternate day off with pay, unless they work for certain types of businesses that are exempt from the Act. Employees who do not work that day, do not get paid for the day, unless the employer offers pay as an added benefit - check with your employer. Remembrance Day must be observed on the actual date.

For information about whether or not a retail business can open on Remembrance Day, contact the Department of Justice.

Who do I contact about filing a complaint under the right to refuse to work provisions of the Labour Standards Code?

Contact the Labour Standards Division of Nova Scotia Environment and Labour.

Labour Standards Division
5151 Terminal Road, 7th floor
PO Box 697
Halifax, Nova Scotia B3J 2T8

Toll-Free: 1-888-315-0110
Tel: 902-424-4311
Fax: 902-424-5640
labrstd@gov.ns.ca