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Fifth Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 4

THE RETAIL BUSINESSES HOLIDAY CLOSING AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. R120 amended

1           The Retail Businesses Holiday Closing Act is amended by this Act.

2           The following is added as section 4.3:

Extended Sunday hours on Boxing Day

4.3(1)      Despite sections 2 and 3 but subject to a by-law made under section 4.4, when December 26 falls on a Sunday, a retail business establishment may be open at any time on that day if it was permitted to be open on the preceding Sunday under

(a) a by-law adopted under subsection 4.1(3); or

(b) a regulation made under subsection 4.1(5).

Commercial tenants

4.3(2)      When December 26 falls on a Sunday, a provision of a lease or other agreement that would have the effect of requiring a retail business establishment to be open on that day before 12 noon or after 6:00 p.m. is of no effect in respect of those times.

Application

4.3(3)      Subsection (2) applies to a lease or other agreement made before or after the coming into force of this section.

Local restriction: Boxing Day

4.4         In respect of a Sunday that falls on December 26, the council of a municipality may adopt a by-law

(a) providing that the exemption in subsection 4.3(1) is not in force in the municipality; or

(b) restricting the hours of operation under that exemption.

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enables retailers who are currently permitted to be open on Sundays between noon and 6:00 p.m. to be open anytime on a Sunday that falls on Boxing Day.

However, the Bill enables a municipality to prohibit or restrict the extended Boxing Day hours, and it also protects commercial tenants from being forced to open for extended hours by the terms of their lease or other agreement.

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