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The Remembrance Day Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 54

THE REMEMBRANCE DAY AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to November 19, 1996)

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

C.C.S.M. c. R80 amended

1         The Remembrance Day Act is amended by this Act.

2         The first recital of the preamble is amended by adding ", the Korean War, the Gulf War and international peacekeeping activities" after "two World Wars".

3         Section 1 is amended

(a) by repealing the definition "continuously operating plant";

(b) by adding the following definition in alphabetical order:

"continuous operation" means a business or a part of a business that in a week usually operates day and night without cessation until completion of the regular operation of the business or part of the business; (« exploitation ininterrompue »)

(c) in the definition "employee" by adding "or retail business establishment" after "industry";

(d) in the definition "employer" by adding "or retail business establishment" after "industry";

(e) by repealing the definition "industry" and substituting the following:

"industry" means

(a) any establishment or works other than a retail business establishment, or

(b) any undertaking, business, calling, trade, profession, work or occupation other than a retail business,

but does not include the business, work or occupation of farming or the carrying on, giving, production or conduct of a performance or engaging in work preparing for a performance; (« industrie »)

(f) by adding the following definition in alphabetical order:

"retail business establishment" means the premises or place in which or from which a retail business is carried on; (« établissement de commerce de détail »)

4         The following is added after section 1:

Interpretation of "retail business"

1.1       For greater certainty, "retail business" includes

(a) the selling or offering for sale of services at retail, including

(i) services of a person engaged in a trade or profession, and

(ii) rentals of goods; and

(b) the charging of admission to a performance.

5 Section 2 is repealed and the following is substituted:

Engaging in industry prohibited on Remembrance Day

2         Except as otherwise provided in this Act, no person carrying on or engaged in an industry shall on Remembrance Day

(a) sell or rent or offer for sale or rent any real or personal property; or

(b) for gain or reward act as an employer in the industry.

6(1)      Subsection 3(1) is amended

(a) by repealing clause (b);

(b) by repealing clause (d) and substituting the following:

(d) the work of police officers, firefighters, security officers, power engineers, janitors, domestic servants, child care workers or home care workers;

(c) by repealing clause (f) and substituting the following:

(f) the operation of a continuous operation;

(d) by repealing clause (g) and substituting the following:

(g) the transportation of goods or passengers by railway, motor vehicle, aircraft or other similar means and work incidental thereto;

(g.1) vehicle rental agencies;

(e) in clause (h), by adding ", including the operation of animal hospitals" after "live animals";

(f) by repealing clause (i);

(g) in clause (j), by striking out ", and the distribution of its products directly to the consumer";

(h) by repealing clause (k) and substituting the following:

(k) the operation of a bakery for the baking of products only;

(i) by striking out "and" at the end of clause (p) of the English version;

(j) by repealing clause (q); and

(k) by adding the following after clause (q):

(r) the operation of telecommunications carriers, television and radio stations, cable companies and other similar operations.

6(2)      Subsections 3(2) to (5) are repealed.

7         The following is added after section 3:

Retail business prohibited between 9 a.m. and 1 p.m. on Remembrance Day

3.1(1)    No person who owns or operates a retail business in a retail business establishment shall between 9:00 a.m. and 1:00 p.m. on Remembrance Day admit members of the public to the retail business establishment or sell or offer for sale any goods or services in the retail business establishment.

Exceptions

3.1(2)    Subsection (1) does not apply to a person who owns a retail business establishment if the only goods or services sold or offered for sale in the retail business establishment between 9:00 a.m. and 1:00 p.m. are

(a) goods or services in the form of or in connection with living accommodation or prepared meals and sale or offering for sale of those goods or services is the principal business of the person;

(b) professional health services;

(c) veterinary services;

(d) drugs, medicines, surgical appliances or infant formula;

(e) gasoline, motor oil or related products; or

(f) parts and services for the purpose of emergency repairs to a vehicle.

Exception re C.C.S.M. c. L160

3.1(3)    Subsection (1) does not apply in relation to the admission of members of the public to, or the sale or offering for sale of liquor, or goods of a type ordinarily sold or offered for sale at retail in connection with the sale of liquor, in,

(a) a liquor store or licensed premises as defined in The Liquor Control Act; or

(b) premises in relation to which an occasional permit is issued under that Act.

Performances prohibited between 9:00 a.m. and 1:00 p.m. on Remembrance Day

3.2       No person shall carry on, give, produce or conduct a performance or engage in work preparing for a performance between 9:00 a.m. and 1:00 p.m. on Remembrance Day.

Right to refuse work on Remembrance Day

3.3       An employee in a retail business establishment may refuse to work on Remembrance Day if the employee gives notice to the employer at least 14 days before Remembrance Day; and, in that case, sections 41.1 and 41.2 of The Employment Standards Act and subsection 21(1.1) of The Payment of Wages Act apply with necessary modifications.

When employee required to work on Remembrance Day

3.4(1)    Subject to subsection (2), an employee who is required to and does work on Remembrance Day shall be paid in accordance with subsections 35(4), (11), (12) and (16) of The Employment Standards Act, as the circumstances require.

Payment of employee required to work

3.4(2)    Notwithstanding the provisions of The Employment Standards Act, an employee who is required to and does work on Remembrance Day shall be paid in respect of not less than ½ the normal working hours of a regular working day.

8         Section 6 is repealed and the following is substituted:

Offence and penalty

6         Any person who contravenes a provision of this Act is guilty of an offence and is liable on summary conviction, in the case of first offence, to a fine of not less than $1,000. and not more than $10,000., and, in the case of a subsequent offence occurring within two years of any previous offence, to a fine of not less than $10,000. and not more than $50,000.

Consequential amendments, C.C.S.M. c. L160

9(1)       The Liquor Control Act is amended by this section.

9(2)      Section 1.2 is repealed.

9(3)       The definition "holiday" in section 1 is amended by striking out ", Remembrance Day".

9(4)       Subsection 54(1) is amended by striking out "or" at the end of clause (a), and by adding the following after clause (a):

(a.1) earlier than 1:00 p.m. on Remembrance Day except when it falls on a Sunday; or

9(5)       Subsection 71(6) is amended by striking out "other than Remembrance Day".

9(6)      Clause 72(3)(c) is amended by striking out "other than Remembrance Day".

9(7)      Subsection 72(5) is amended by striking out "other than Remembrance Day,".

9(8)      Clauses 73(4)(c) and 74(4)(b) are amended by striking out "other than Remembrance Day".

9(9)       Subsection 76(10) is amended

(a) in clause (c), by striking out ", on Christmas Day or on Good Friday" and substituting "or a holiday"; and

(b) in clause (d), by adding ", whether or not it falls on a Sunday" after "Remembrance Day".

9(10)     Subsection 76(11) is amended

(a) by striking out "other than Remembrance Day"; and

(b) by adding ", but when Sunday is also Remembrance Day, liquor may only be sold or served starting at 1:00 p.m." at the end.

9(11)      Subsection 76(12) is amended by adding ", but when Sunday is also Remembrance Day, liquor may only be sold or served starting at 1:00 p.m." at the end.

9(12)      Subsection 84(1) is amended by adding the following after clause (c):

(d) from 2:30 a.m. until 1:00 p.m. on Remembrance Day, except when it falls on a Sunday.

Coming into force

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