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The Retail Businesses Holiday Closing Act

S.M. 1987-88, c. 7

The Retail Businesses Holiday Closing Act

(Assented to July 3, 1987)

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

Definitions.

1

In this Act,

"holiday" means New Year's Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Sunday; ("jour férié")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"municipality" includes a local government district. ("municipalité")

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

Retail business prohibited on holidays.

2

No person who owns or operates a retail business in a retail business establishment shall admit members of the public therein or sell or offer for sale any goods or services therein on a holiday.

Sunday opening.

3(1)

Notwithstanding section 2 but subject to subsection (2), the owner or operator of a retail business establishment may sell or offer for sale goods or services on a Sunday in premises that were closed to the public and in which no goods or services were sold or offered for sale on the immediately preceding Saturday.

Owners of more than one establishment.

3(2)

An owner or operator of a retail business establishment who owns, operates or controls more than one retail business establishment and who wishes to sell or offer for sale goods or services on a Sunday at any such retail business establishment shall operate all such retail business establishments on the Sunday and shall close all such retail business establishments to the public for the entire Saturday preceding the Sunday on which the owner or operator wishes to sell or offer for sale goods or services.

Exceptions.

4(1)

Sections 2 and 3 do not apply

(a) in respect of goods or services sold or offered for sale by retail in the form of or in connection with living accommodation or prepared meals where the sale or offering for sale of those goods or services is the principal business of the seller or offeror;

(b) to the retail sale of liquor under the authority of a licence or permit issued under The Liquor Control Act;

(c) to the operation of a retail business that is governed or regulated by a special Act of the Legislature or any regulations made thereunder;

(d) to a retail business establishment where the number of persons, including the owner, employed for the sale of goods or services on the holiday, does not, subject to the regulations, exceed four;

(e) to a pharmacy where the principal business carried on is the dispensing of drugs upon prescription and the sale of goods of a pharmaceutical or therapeutic nature or for hygienic or cosmetic purposes;

(f) to a retail business establishment where gasoline, motor oil and related goods or services for use in the operation of a motor vehicle are the only goods or services sold or offered for sale;

(g) to a retail business establishment where nursery stock, flowers, garden supplies and accessories are the only goods sold or offered for sale;

(h) to a retail business establishment where fresh fruit and vegetables are the only goods sold or offered for sale;

(i) to the operation of laundromats and other coin-operated services incidental thereto;

(j) to the rental, servicing or repair of motor vehicles or boats;

(k) to the admission of the public to premises for educational, recreational or amusement purposes or in respect of the sale or offering for sale of goods or services incidental thereto; and (1) to the operation of tourism and recreational facilities including summer and winter resorts.

Exception for 24 hour establishments.

4(2)

Sections 2 and 3 do not apply to a retail business establishment that is open for 24 hours every day where the number of persons, including the owner, employed for the sale of goods or services on any holiday does not, subject to the regulations, exceed six persons and no more than two persons are so employed at any one time.

Determination of persons employed.

4(3)

For the purposes of clause (1)(d) or subsection (2), the following shall be deemed to be employed for the sale of goods or services on a holiday:

(a) all persons, including independent contractors, working in the retail business establishment; and

(b) all persons, including independent contractors, who, although not working in the retail business establishment, are performing duties which are directly or indirectly related to the operation of the retail business establishment; at any time goods or services are sold or offered for sale therein whether or not they are paid by the owner of the retail business establishment.

Exemption for emergency.

5

Where the minister is of the opinion that the closing of a retail business establishment in accordance with sections 2 and 3 will work a hardship on the public due to an emergency, the minister may, on application therefor, issue a permit in prescribed form exempting the establishment from the application of sections 2 and 3, subject to such terms and conditions as the minister considers advisable.

Exemption for special events.

6(1)

Where, in the opinion of the Lieutenant Governor in Council it would be desirable to exempt a retail business establishment from the operation of this Act in order that a special event may be held, the Lieutenant Governor in Council may authorize the minister to issue a permit in prescribed form exempting the retail business establishment from the operation of this Act for the period during which the special event is held.

Exemption may be general in effect.

6(2)

Where the Lieutenant Governor in Council is of the opinion that it is desirable that an exemption referred to in subsection (1) in respect of a special event be general in effect, the Lieutenant Governor in Council may do so, by order.

Exemption for vacation resort areas.

6(3)

Where, in the opinion of the Lieutenant Governor in Council it is essential for the maintenance or development of a tourist industry, the Lieutenant Governor in Council may, by regulation, designate a municipality as a vacation resort area and a municipality that is so designated may, by by-law, exempt any class of retail business establishment from the application of section 2 in respect of the sale of such goods or services and subject to such conditions as may be specified in the by-law.

Powers of municipalities.

7

Any provision of any other Act empowering a municipality to regulate the closing or the hours of operation of a retail business does not include the power to permit the carrying on of the retail business on a holiday where to do so is prohibited by this Act, but nothing in this Act shall be construed to affect any power conferred on a municipality to prohibit the carrying on of a retail business on a day when the carrying on of the retail business is not prohibited by this Act.

Offence and penalty.

8

Any person who violates a provision of this Act or the regulations is guilty of an offence and is liable on summary conviction, in the case of a 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.

Regulations.

9

The Lieutenant Governor in Council may make regulations

(a) prescribing forms required to be prescribed for the purposes of this Act; and

(b) establishing the circumstances such as illness or injury in which the maximum number of additional persons who may be employed at a retail business establishment may be greater than the number set out in clause 4(1)(d) and subsection 4(2);

(c) designating municipalities as vacation resort areas; and

(d) necessary to carry out the intent and purpose of this Act.

Repeal.

10

The Retail Businesses Holiday Closing Act being chapter R120 of the Continuing Consolidation of the Statutes of Manitoba and An Act to amend The Retail Businesses Holiday Closing Act being chapter 1 of the Statutes of Manitoba, 1987, are hereby repealed.

Reference in C.C.S.M.

11

This Act may be referred to as chapter R120 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act.

12(1)

Subject to subsection (2), this Act comes into force on the day it receives the royal assent.

Retroactive Effect.

12(2)

If the royal assent is given to this Act after July 1, 1987, this Act shall be deemed to have come into force on July 1, 1987, and is retroactive in effect to that day.