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S.M. 2010, c. 46
Bill 4, 5th Session, 39th Legislature
The Retail Businesses Holiday Closing Amendment Act
(Assented to December 9, 2010)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Retail Businesses Holiday Closing Act is amended by this Act.
2 The following is added as section 4.3:
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).
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.
4.3(3) Subsection (2) applies to a lease or other agreement made before or after the coming into force of this section.
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.
3 This Act comes into force on the day it receives royal assent.