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2nd Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 2

THE RETAIL BUSINESS HOURS OF OPERATION ACT (VARIOUS ACTS AMENDED OR REPEALED)


  Bilingual version (PDF) 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. E110 amended

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

1(2)        The following is added after section 80 as part of Division 12 of Part 2:

RETAIL EMPLOYEES' RIGHT TO REFUSE TO WORK ON SUNDAY

Retail employees may refuse to work on Sunday

81(1)       Subject to the regulations, an employee in a retail business establishment may refuse to work on a Sunday if the employee gives the employer

(a) at least 14 days' notice before the Sunday; or

(b) as much notice as is reasonable and practicable in the circumstances if the employee is scheduled to work less than 14 days before the Sunday.

No changes to employment

81(2)       An employer must not lay off or terminate the employment of an employee, or change the employee's working conditions or wage rate, because the employee, after giving the required notice, refuses or attempts to refuse to work on a Sunday.

Exception

81(3)       Subsection (2) does not apply if the employer lays off or terminates the employment of an employee, or changes the employee's working conditions or wage rate, for reasons unrelated to the employee refusing or attempting to refuse to work on a Sunday.

Right to file complaint

81(4)       An employee who claims that they have been laid off or terminated or that their working conditions or wage rate has been changed contrary to subsection (2) may file a complaint with an officer under section 92.

Complaint to be filed within six months

81(5)       A complaint must be filed within six months after the date of the alleged contravention.

Meaning of "retail business establishment"

81(6)       In this section, "retail business establishment" has the same meaning as in The Remembrance Day Act.

1(3)        The following is added before clause 92(1)(c):

(b.1) subsection 81(4) (refusal to work on a Sunday);

1(4)        Subsection 96.1(1) is amended by striking out "section 60" and substituting "section 60 or 81".

C.C.S.M. c. L153 amended

2(1)        The Liquor, Gaming and Cannabis Control Act is amended by this section.

2(2)        The centred heading before section 171 and sections 171 to 173.1 are repealed.

C.C.S.M. c. M225 amended

3           Subsection 232(1) of The Municipal Act is amended by adding the following after clause (n.1):

(n.2) the days and hours businesses may operate;

C.C.S.M. c. N100 amended

4           Subsection 29(1) of The Northern Affairs Act is amended by adding the following after clause (n):

(n.1) the days and hours businesses may operate;

S.M. 2002, c. 39 amended

5           Clause 149(1)(d) of The City of Winnipeg Charter is replaced with the following:

(d) respecting the days and hours businesses may operate.

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

6           Section 3.3 of The Remembrance Day Act is replaced with the following:

Right to refuse to work on Remembrance Day

3.3         An employee in a retail business establishment may refuse to work on Remembrance Day, and section 81 of The Employment Standards Code applies as if Remembrance Day were a Sunday.

Transitional — refusal to work on Sunday

7           For the first and second Sunday following the coming into force of this section, a written notice given by an employee for those days under clause 4.5(1)(a) of The Retail Businesses Holiday Closing Act, as that Act read immediately before the coming into force of this section, is considered to be the 14-day notice required under subsection 81(1) of The Employment Standards Code, as enacted by subsection 1(2) of this Act.

Repeal

8           The following are repealed:

(a) The Retail Businesses Holiday Closing Act, S.M. 1987-88, c. 7, and the regulations under that Act;

(b) The Shops Regulation Act, R.S.M. 1987, c. S110.

Coming into force

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

Explanatory Note

Currently, retail business hours and days of operation are subject to provincial legislation. This Bill gives local governments authority over these matters.

Amendments to The Liquor, Gaming and Cannabis Control Act, The Municipal Act, The Northern Affairs Act and The City of Winnipeg Charter are made for this purpose.

The Employment Standards Code is amended to continue the ability of retail workers to refuse to work on Sundays. This right was previously in The Retail Businesses Holiday Closing Act, which is being repealed.

A consequential amendment is made to The Remembrance Day Act. The Shops Regulation Act is also repealed.