By Vatsa Modi

There’s an old joke that Canada has only two seasons: winter and construction.[1] To contradict this saying, in 1970, Québec introduced the Construction Holiday also known as the “Fête de la Construction” in French, with the Act respecting labour standards and then the Act respecting labour relations, vocational training and workforce management in the construction industry.[2] This initiative aimed to address worker fatigue, enhance productivity, and establish a more balanced work-life dynamic for construction workers. Initially, the dates of the Construction Holiday were scheduled on a rotating basis, but by 1983, Québec had fixed a two-week period from late July to early August,[3] later extending it to include another two weeks in winter, from late December to early January.[4]

While this is not an official statutory holiday for all construction workers, it is a paid holiday for those who are employed in the construction industry, according to the agreement between the labour unions and the Province of Québec. On a monthly basis, the employers of these union construction workers are obligated to make mandatory vacation payment to the Commission de la Construction du Québec (the “CCQ”), which represents thirteen percent (13%) of the wages earned by the union construction workers. This thirteen percent (13%) of the wages are distributed as follows: annual leave (6%), non-working public holidays (5.5%), and sick leave (1.5%). Then, the CCQ pays these amounts twice a year during the Construction Holiday.[5]  Though not all construction workers benefit from this payment scheme, many negotiate the Construction Holiday as a benefit within their employment contract.[6]

In Québec, the Construction Holiday has sparked both praise and criticism. Supporters argue it serves as an economic stimulus, drawing vacationers who boost spending in local businesses, while also promoting worker wellness and reducing noise and air pollution during the holiday period. This unique tradition not only enhances quality of life but also underscores Québec’s commitment to worker rights.

Conversely, critics highlight the potential downsides, such as lost construction time during Canada’s short summers, which can impact project timelines and costs, especially for public safety projects. Additionally, incomplete roadwork can lead to frustrating summer traffic disruptions. Despite these concerns, public sentiment generally leans positive towards the holiday.

However, this raises an intriguing question: Could a similar mandated holiday be welcomed in Ontario? In my view, while the Construction Holiday may seem appealing, it would likely not be perceived as positively in Ontario. Concerns about traffic disruptions, seasonal constraints, and construction timelines mirror those in Québec, but the cultural context is different. In Québec, the holiday aligns with a societal value placed on work-life balance, whereas many Ontarians might view such a break as an unnecessary interruption to productivity.

Furthermore, Ontario’s economic reliance on construction complicates matters. With escalating demands for housing, infrastructure, and non-residential projects,[7] a mandated holiday could exacerbate existing labor shortages and delays, leading to cost overruns and missed deadlines that businesses and residents would find particularly frustrating.

In conclusion, while Québec celebrates the Construction Holiday for its benefits to worker wellness and local economies, Ontario’s unique economic and cultural landscape suggests skepticism towards implementing a similar holiday. Concerns about project delays, increased traffic disruptions, and a disconnect between work expectations and leisure time indicate that such a holiday may not resonate positively with the public in Ontario.

The foregoing is for informational purposes only and should in no way be relied upon as legal advice. If you have any further questions, or would like to schedule an appointment for legal advice tailored to your circumstances and business, please contact me at vmodi@fridmar.com.

 

[1] https://www.jobillico.com/blog/en/the-2024-construction-holidays-everything-you-need-to-know/

[2] R-20, Act respecting labour relations, vocational training and workforce management in the construction industry, 1986, c. 89, s. 1; 2007, c. 3, s. 72.

[3] https://storables.com/diy/building-construction/when-does-the-construction-holiday-start-in-quebec/

[4] https://www.ccq.org/en/avantages-sociaux/dates-conges-vacances

[5] https://www.jobillico.com/blog/en/the-2024-construction-holidays-everything-you-need-to-know/

[6] Ibid.

[7] https://www.constructionforecasts.ca/en/content/construction-demands-ontario-remain-elevated-through-2029#:~:text=Although%20activity%20in%20Ontario’s%20residential,at%20least%20the%20late%202020s.