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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Canadian employment law question... Not sure if any of you

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Canadian employment law question...

Not sure if any of you are versed in Canadian employment law but I have a question about vacation. It appears that in most provinces employees are entitled to 2 weeks vacation after a year and the employer must provide this. My question is must the employer REQUIRE an employee to take the vacation? Is it the employers responsibility to force the employee to take vacation and if so what are the consequences for failing to do so. Thanks!
Thank you for your question.

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What province is this please?

The law varies from province to province on issues like this.
Customer: replied 3 years ago.

We are a consulting firm that has employees in a variety of provinces. They are payrolled in the province where they perform the work for the client (we are incorporated in BC). The main provinces with employees right now are BC, QC, ON, AB (with Quebec being the most important as of now).


Thanks so much for your help!

There is no expert that can answer about all the provinces including Quebec.

I can check the answer for the other three.

Or I can message our Quebec expert to answer you about Quebec.

The law is different in Quebec so in Canada lawyers are permitted to deal with the law of all provinces but Quebec if the lawyer is licenced in any province aside from Quebec, or just in Quebec of the lawyer is licenced there.

I am fine with opting out and then sending a message to our Quebec expert if you like.
Customer: replied 3 years ago.

If you could answer for British Columbia first and foremost that would be great! I would also like to reach out to a Quebec expert, do I ask a new question or would you be able to forward the question along? Thank you again for your help.

You have a subscription so it would make sense for you to post the same question again but in the subject line say this is about Quebec law.

In BC section 57 of the Act does require the employer to require the employee to take the vacation within 12 months of becoming entitled to it.

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you,


That is what I have come across but just wanted to make sure. I just want to clarify, if for example the employee is told they have to take vacation, they never take vacation and as the employer we do not schedule anything for them. Do you what kind of penalty action could be brought on us for not requiring it?


And I will post for Quebec specific information, thank you.

I believe you can be fined.

I don't know for sure. But it's clear you have to insist they take the vacation within 12 months of entitlement so you can say if they don't then the last two weeks of that year are automatically their holidays.

You can call one of the offices here and ask:
Debra and other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

Perfect thank you so much, and is this generally the rule for other provinces (aside from Quebec)? And I assume I can contact their similar offices as well?


Thanks again for your help!

Yes you can for sure contact all their offices.

I don't know if that's the law for all the other provinces.

I would have to check.

I can do that of course.

But if you would like me to do so, so that I can get paid for each answer please post a new question and then you can put my name into the subject line.

And please remember to rate this posts answers as well.

Debra and other Canada Law Specialists are ready to help you

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