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S.M. 1993, c. 5
The Retail Businesses Sunday Shopping (temporary Amendments) Act
(Assented to July 27, 1993)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE RETAIL BUSINESSES HOLIDAY CLOSING ACT
The Retail Businesses Holiday Closing Act is amended by this Part.
Subsection 4(1) is repealed and the following is substituted:
The following are exempt from sections 2 and 3:
(a) 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) the retail sale of liquor under the authority of a licence or permit issued under The Liquor Control Act;
(c) a retail business that is governed or regulated by a special Act of the Legislature or any regulations made thereunder;
(d) a retail business establishment where the number of persons, including the owner, employed for the sale of goods or services does not ordinarily exceed four persons at any one time;
(e) 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) 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) a retail business establishment where nursery stock, flowers, garden supplies and accessories are the only goods sold or offered for sale;
(h) a retail business establishment where fresh fruit and vegetables are the only goods sold or offered for sale;
(i) the operation of laundromats and other coin-operated services incidental thereto;
(j) the rental, servicing or repair of motor vehicles or boats;
(k) 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
(l) the operation of tourism and recreational facilities including summer and winter resorts.
The following is added after section 4:
This section applies in respect of retail business establishments other than those that are exempt by reason of subsection 4(1).
Exemptions restricted by time and holidays
A retail business establishment where more than four persons, including the owner, are ordinarily employed for the sale of goods or services is exempt from sections 2 and 3 if
(a) that retail business establishment does not admit members of the public therein or sell or offer for sale any goods or services before 12 noon or after 6:00 p.m. on the holiday; and
(b) the holiday is other than Christmas Day or New Year's Day.
A provision of a lease or other agreement that would have the effect of requiring a retail business establishment to remain open on a holiday referred to in clause 4.1(2)(b) is of no effect in respect of that holiday even if the lease or other agreement was made before the coming into force of this section.
Clause 9(b) is amended by striking out "clause 4(1)(d) and".
THE EMPLOYMENT STANDARDS ACT
The Employment Standards Act is amended by this Part.
The following is added after section 41:
RIGHT TO REFUSE WORK IN CERTAIN RETAIL BUSINESS ESTABLISHMENTS ON HOLIDAYS
In this section,
"holiday" means Sunday; (« jour férié »)
"retail business establishment" means a retail business establishment as defined in The Retail Businesses Holiday Closing Act. (« établissement de commerce de détail »)
Right to refuse work on holidays
An employee in a retail business establishment
(a) where the number of persons employed for the sale of goods or services at any one time ordinarily exceeds four persons, including the owner;
(b) in which under The Retail Businesses Holiday Closing Act members of the public are permitted to be admitted or any goods or services are permitted to be sold or offered for sale between 12 noon and 6:00 p.m. on a holiday; and
(c) that is exempt from sections 2 and 3 of The Retail Businesses Holiday Closing Act by reason only of subsection 4.1(2) of that Act;
may refuse to work on a holiday if the employee gives notice to the employer at least 14 days before that holiday.
An employee who wishes to refuse to work on November 29 or December 6, 1992 may refuse to work on those days if the employee gives reasonable notice to the employer.
Prohibition against discharge for refusing work
No employer or person acting on behalf of an employer shall discharge, or threaten to discharge, an employee
(a) because the employee has refused, or attempted to refuse, to work on a holiday, if the employee has complied with section 41.1; or
(b) because the employee seeks to enforce his or her rights under section 41.1.
THE PAYMENT OF WAGES ACT
The Payment of Wages Act is amended by this Part.
Section 21 is amended
(a) by adding the following after subsection 21(1):
Prohibition against discharge for refusing work
No employer or person acting on behalf of an employer shall discharge, or threaten to discharge, an employee because the employee has refused or attempted to refuse to work on a holiday as defined in subsection 41.1(1) of The Employment Standards Act if he or she is permitted to do so under section 41.1 of that Act.
(b) in subsection (2), by adding "or (1.1)" after "subsection (1)".
COMING INTO FORCE
This Act is retroactive and is deemed to have come into force on November 29, l992 and is repealed on April 6, l993.
Subsection 4(1) and clause 9(b) of The Retail Businesses Holiday Closing Act and section 21 of The Payment of Wages Act as they stood on November 28, l992 are declared to be in force on April 7, l993 as fully and effectually as if Parts 1 and 3 of this Act had not been enacted.