Government of New Brunswick




What is the weekly day of rest?

The weekly day of rest is Sunday.

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What are the 10 prescribed days of rest?

The prescribed days of rest are New Year's Day, Good Friday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day.

Statutory holidays are identified in the Employment Standards Act and there are seven in total: New Year's Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, Remembrance Day and Christmas Day.

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What is the difference between public or statutory holidays and the prescribed days of rest?

Public or statutory holidays are identified in the Employment Standards Act and there are seven in total: New Year's Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, Remembrance Day and Christmas Day. These also happen to be "prescribed days of rest".

There are three prescribed days of rest that are not considered "statutory holidays" in the Employment Standards Act are Boxing Day, Victoria Day and Thanksgiving Day.

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What is meant by "retail businesses"?

"Retail Business" is described in the Days of Rest Act as meaning "the renting or offering for rent, selling or offering for sale, any good, chattel or services by retail".

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How does the Days of Rest Act impact retail businesses in New Brunswick?

Retail businesses must be closed on the ten prescribed days of rest and if the municipality does not have a Sunday Shopping By-law, the weekly day of rest (Sunday) as well.

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Which retail businesses are exempt from the Days of Rest Act?

There are certain types of retail businesses that are exempted from this rule and they may be open Sunday. View the Exemptions list or consult Section 4(3) of the Days of Rest Act and 3(1) of Regulation 85-149.

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Can a municipality allow retail businesses to be open on the weekly day of rest - Sunday?

Municipalities can put in place a by-law which allows the operation of retail businesses on Sunday, as well as regulate the hours of operation.

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Can a retail business operate on Sunday if there is no "Sunday Shopping" municipal by-law in place?

No. Retail businesses would only be allowed to operate during the provincial Sunday shopping period, which runs from the Sunday immediately preceding New Brunswick Day to the second Sunday after Christmas.

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What is the Provincial Sunday shopping period?

The provincial Sunday shopping period is from the Sunday immediately preceding New Brunswick Day to the second Sunday after Christmas.

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What are the hours of operation during the Provincial Sunday shopping period?

If there is no by-law regulating the hours of operation of retail businesses, the businesses would decide their own operating hours.

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If a prescribed day of rest falls on a Sunday and the municipality has a by-law that allows Sunday shopping, would the retail business be allowed to remain open?

No. If a prescribed day of rest falls on a Sunday, then the retail business would have to remain closed.

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Is an employee entitled to another day off if a prescribed day of rest falls on a Sunday? (e.g. If Canada Day is on a Sunday)

Questions of this nature are addressed by Employment Standards Branch of the Department of Post-Secondary Education, Training and Labour.

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Is an employee entitled to wages when a retail business must be closed on a prescribed day of rest?

Questions of this nature are addressed by Employment Standards Branch of the Department of Post-Secondary Education, Training and Labour.

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Does the provincial Sunday shopping period apply if the municipality has a by-law regarding the weekly day of rest or Sunday shopping?

No. If a municipality has a by-law to permit the operation of retail businesses on the weekly day of rest (Sunday) the provincial Sunday shopping period no longer applies in that municipality. In its by-law, a municipality may choose to allow retail businesses to be open on Sundays on a year round basis or for a shorter period.

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What happens if an employer does not observe a prescribed day of rest by allowing the retail business to remain open?

An employer who violates the Days of Rest Act can be fined a minimum of $140 to a maximum of $1,070.

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