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The Retail Businesses Holiday Closing Amendment Act

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S.M. 2012, c. 37

Bill 35, 1st Session, 40th Legislature

The Retail Businesses Holiday Closing Amendment Act

(Assented to June 14, 2012)

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(1)        Subclause 4.1(2)(b)(ii) is amended by striking out "before 12 noon or after 6:00 p.m." and substituting "before 9:00 a.m. or after 6:00 p.m.".

2(2)        The following is added after subsection 4.1(4):

Local restriction

4.1(4.1)    A by-law under subsection (3) may restrict the hours of operation under the exemptions referred to in subsection (2).

3           Subsection 4.3(2) is amended by striking out everything after "be open on that day" and substituting "is of no effect."

4           The following is added after section 4.4:

Refusal to work on Sunday

4.5(1)      An employee in a retail business establishment may refuse to work on a Sunday if

(a) the employee gives the owner or operator of the establishment at least 14 days' notice before the Sunday; and

(b) in respect of that Sunday, the establishment is exempt under clause 4.1(2)(b) or subsection 4.3(1) from the application of sections 2 and 3.

No termination or other discriminatory action to be taken for refusing to work on Sunday

4.5(2)      No owner or operator of a retail business establishment, or other person acting on behalf of such an owner or operator, shall

(a) suspend, terminate or restrict or threaten to suspend, terminate or restrict the employment of an employee;

(b) lay off or threaten to lay off an employee; or

(c) otherwise discriminate against an employee;

because the employee refuses to work or attempts to refuse to work on a Sunday, if the employee is permitted to refuse under subsection (1).

Complaint may be filed

4.5(3)      If an owner or operator of a retail business establishment, or other person acting on his or her behalf, contravenes subsection (2), an employee may file a complaint with an officer in a form acceptable to the director.

Complaint deemed to be complaint re payment of wages

4.5(4)      A complaint that results or might result in an order of compensation or reinstatement under this section is deemed to be a complaint relating to the payment of wages made under The Employment Standards Code.

Dismissal of complaint by order

4.5(5)      An officer who investigates a complaint and determines that no contravention of subsection (2) has occurred shall dismiss the complaint by order.

Compensation or reinstatement order

4.5(6)      If an officer investigating a complaint filed under subsection (3) determines that a person has contravened subsection (2), the officer may by order require the owner or operator of the retail business establishment to pay compensation to the director for any loss the employee incurred as a result of the contravention, or reinstate the employee, or do both.

Administrative costs

4.5(7)      An order under subsection (6) must also require the owner or operator of the retail business establishment to pay to the director administrative costs of $100, or 10% of any compensation ordered, whichever is more, to a maximum of $1,000.

Deemed wages, deemed payment of wages order

4.5(8)      For the purposes of The Employment Standards Code,

(a) compensation ordered to be paid under this section is deemed to be wages due and payable to the employee under the Code;

(b) an order to pay compensation under this section is deemed to be an order for the payment of wages made under subsection 96(1) of the Code;

(c) subsection 96(2) (maximum amount recoverable by order) of the Code is deemed not to apply to an order to pay compensation under this section; and

(d) the filing deadline under clause 110(1.1)(a) of the Code is deemed to apply to an order to pay compensation or an order for reinstatement under this section.

Enforcing order under Employment Standards Code

4.5(9)      The provisions of The Employment Standards Code relating to the enforcement of an order for the payment of wages apply, with necessary changes, to an order to pay compensation under this section.

Definitions

4.5(10)     In this section, "director", "employee", "officer" and "wage" have the same meaning as in The Employment Standards Code.

Consequential amendments, C.C.S.M. c. E110

5(1)        The Employment Standards Code is amended by this section.

5(2)        Section 81 and the division heading before it are repealed.

5(3)        Subsection 133(1) is amended by adding "or" at the end of clause (d), striking out "or" at the end of clause (e) and repealing clause (f).

Consequential amendment, C.C.S.M. c. R80

6           Section 3.3 of The Remembrance Day Act is amended by striking out everything after "refuse to work on Remembrance Day" and substituting ", and section 4.5 of The Retail Businesses Holiday Closing Act applies as if Remembrance Day were a Sunday."

Transitional — refusal to work on Sunday

7           The 14-day notice requirement under clause 4.5(1)(a), as enacted by section 4 of this Act, does not apply in respect of the first and second Sunday following the day that this section comes into force. Instead, an employee in a retail business establishment may refuse to work on either or both of those Sundays if

(a) the employee gives as much notice as is reasonable and practicable in the circumstances to the owner or operator of the retail business establishment in respect of each Sunday the employee does not wish to work; and

(b) the requirement of clause 4.5(1)(b) is met.

Coming into force

8           This Act comes into force on a day to be fixed by proclamation.