as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. S110
The Shops Regulation Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act and in any by-law passed hereunder,
"closed" means not open for the serving of any customer; ("fermé")
"gasoline service station" means any building, portion of a building, booth, stall, gasoline pump, or place, where, or by means of which, gasoline is offered for sale by retail for use in internal combustion engines or dispensed in sale by retail for such use, and the premises occupied or used in connection therewith, or any part of such premises that may be specified in a municipal by-law; ("station-service")
"municipal" relates to any municipality; ("municipal")
(a) a city, town, village, or rural municipality, the council whereof, either upon application made in that behalf or otherwise, passes a by-law under this Act; or
(b) a local government district, the resident administrator whereof, upon application made in that behalf as herein provided, passes a by-law under this Act; ("municipalité")
"pharmacist" and "pharmacy" have the meanings given to those expressions in The Pharmaceutical Act; ("pharmacie" et "pharmacien")
"sale by retail" includes sale by auction; ("vente au détail")
"shop" means any barber shop, or any beauty parlour, or any place where the business of hairdressing is carried on, or any shop, place, or establishment, where clothes are cleaned, repaired, or pressed, for profit, or any building or portion of the building, booth, stall, or place, including a gasoline service station, where goods are exposed or offered for sale by retail, or boots are made or repaired, but not premises
(a) where the only trade or business carried on is that of a tobacconist, fruiterer, confectioner, news-agent, hotel, inn, tavern, victualling house, or refreshment house, or
(b) wherein, under licence, spirituous or fermented liquors are sold by retail for consumption on the premises. ("établissement")
Any municipal council may, by by-law, adopt the definitions and regulations set out in section 3 of, and in connection with, the classes of shops governed by this Act, and by any by-law passed hereunder; and those definitions and regulations, when so adopted, apply, with such modifications as the circumstances require, to all by-laws governing and regulating the closing of shops in the municipality.
The definitions to which reference is made in section 2 are as follows:
"confectioner" means a person, firm, or corporation, who sells by retail only all or any of the following: biscuits, plain or fancy, bon-bons, cakes, candied gums, candies, chewing gum, chocolate bars, chocolates, ice cream, ice cream cones, pastries, popcorn, confectionery, bread, milk, butter, or soft drinks; ("confiseur")
"fruiterer" means a person, firm, or corporation, who sells by retail only all or any of the following: fresh fruits, fresh vegetables, nuts, table figs, table raisins, dates, and fresh oysters; ("marchand de fruits")
"hotel" or "inn" or "tavern" means a place in which the public is provided with rooms and meals; ("hôtel", "auberge" ou "taverne")
"news-agent" means a person, firm, or corporation, who sells by retail only all or any of the following: newspapers, magazines, periodicals, pamphlets, books, writing material, playing cards, picture cards, and souvenirs; ("dépositaire de journaux")
"tobacconist" means a person, firm, or corporation, who sells by retail only all or any of the following: tobacco, cigars, cigarettes, and tobacconists' sundries, including cigarette papers, matches, lighters, cigar and cigarette holders, pipes, pipe cases, pipe cleaners, pouches, humidors, and walking sticks; ("marchand de tabac")
"victualling house" or "refreshment house" means a place conducted by a person, firm, or corporation, who sells by retail only all or any of the following: meals and drinks of all kinds for consumption on the premises only, and includes a delicatessen selling cooked meats, cooked vegetables, and cooked fish, not in sealed containers. ("restaurant" ou "débit de boissons")
The regulations to which reference is made in section 2 are as follows:
(a) the goods or commodities mentioned in subsection (1) may be sold in any class of shop defined in that subsection without the shop being thereby brought within the provisions of this Act relating to hours of closing;
(b) a shop in which trades of two or more such classes are carried on shall be considered and treated as closed, for the purpose of this Act, if the goods or articles that render it liable to be closed, under any by-law passed under this Act, are separated from the rest of the goods or articles in the shop by a sufficient screen or partition.
A screen or partition to which clause (2)(b) refers may be made of wood, glass, composition wall-board, or wire netting the mesh or openings of which are not greater than two inches; and the screen or partition shall be kept, and shall remain, securely locked with a padlock, the padlock to be in full view, during such period of time as the shop or portion thereof is required to be closed, so that no such goods or articles can be removed while the screen or partition remains so locked.
Any municipal council may, by by-law, require that, during the whole or any part or parts of the year, all or any class or classes of shops within the municipality or any portion of the municipality, if a rural municipality, shall be closed, and remain closed on each day or any day of the week at and during any time or hours between six o'clock in the afternoon of any day and five o'clock in the forenoon of the next following day.
The council of any municipality to which this subsection applies, in addition to exercising any other powers conferred by this Act, may by by-law provide
(i) the occupiers of gasoline service stations in the municipality shall observe and obey: and
(ii) those gasoline service stations may remain open for business and shall be closed, as the case may be, in accordance with;
the provisions of a plan, established by and set forth in the by-law as part thereof, whereby one or more gasoline service stations in the municipality, selected in rotation in the manner prescribed in the plan, may remain open for business during the hours stated in the plan, while all other gasoline service stations in the municipality are required to be closed; or
(b) that a certain class or certain classes of gasoline service stations, as defined in the by-law, may remain open for business during the hours prescribed in the by-law while all other gasoline service stations in the municipality are required to be closed.
Subsection (1) applies to
(a) any city, including The City of Winnipeg, and any town or village; and
(b) any rural municipality, the boundaries of which are wholly or partly contiguous to those of a city, town, or village, and that enters into an agreement pursuant to subsection (3).
Any city, including The City of Winnipeg, town or village, may enter into an agreement with any other city, town, village, or rural municipality, the boundaries of which are wholly or partly contiguous to those of the first mentioned city, town or village, or may enter into such an agreement with any one or more of such cities, towns, villages, or rural municipalities, whereby the parties to the agreement agree that the council of each of them will enact a uniform by-law pursuant to clause (1)(a) or (b).
Where a city, town, village, or rural municipality, enters into an agreement under subsection (3), the council thereof may enact a by-law to give effect to the agreement.
A by-law enacted by the council of, or an agreement made by, a rural municipality, under this section, may apply to a part only of the rural municipality.
Notwithstanding section 7, or any provision of this Act or any other Act, the council of a municipality that enacts a by-law under subsection (4) shall not, during the term of the agreement, amend or repeal the by-law except in accordance with the terms of the agreement or by unanimous consent of all parties to the agreement.
The council of any municipality may, by by-law, require that any class or classes, or all classes, of shops within the municipality shall be closed and remain closed in every week, on such day as is stated in the by-law,
(a) between the hours of 12 o'clock noon and 12 o'clock midnight at the end of that day, or during such shorter period between those hours as is stated in the by-law; or
(b) during the whole of that day ;
as the council may deem advisable.
Any municipal council having passed any by-law, in pursuance of this Act, may, by by-law, amend the by-law, changing the hours when the shops shall be closed and remain closed, and substituting other hours in the place and stead of the hours mentioned in the by-law, and may repeal any by-law passed, and may pass any new by-law for closing the shops or any other shops, either with or without any petition therefor being presented to the council.
Where an application is received by, or presented to, a municipal council, praying for the passing of a by-law requiring the closing of any class or classes of shops situated within the municipality, or any portion of the municipality if a rural municipality, if the council is satisfied that the application is signed by not less than 2/3 in number of the occupiers of shops within the municipality, or any portion thereof if a rural municipality, and belonging to the class or each of the classes to which the application relates, the council shall, within one month after the receipt or presentation of the application, pass a by-law giving effect to the application and requiring all shops within the municipality, or any portion thereof if a rural municipality, belonging to the class or classes specified in the application, to be closed during the period of the year and at the times and hours mentioned in that behalf in the application.
Subsection (1) applies to a by-law authorized by subsection 5(1) and to an application therefor, but, in the case of such a by-law of a rural municipality, subsection (1) of this section applies to the by-law only
(a) if the rural municipality
(i) is a municipality to which clause 5(2)(b) refers; and
(ii) has entered into an agreement under subsection 5(3) which, in the opinion of the council, provides for adequate service to the public at all times: and
(b) if the application is signed by not less than 2/3 of the occupiers of the total number of gasoline service stations in all the municipalities or parts of municipalities to which the agreement applies, whether or not it is signed by 2/3 of such occupiers in each of those municipalities or parts of municipalities.
Where an application is received by, or presented to, the resident administrator of a local government district praying for the passing of a by-law requiring the closing of any class or classes of shops situated within
(a) the local government district; or
(b) any part of the local government district described in the application;
if the resident administrator is satisfied that the application is signed by not less than 2/3 in number of the occupiers of shops within
(c) the local government district; or
(d) the part of the local government district described in the application;
as the case may be, and belonging to the class or each of the classes to which the application relates, the resident administrator shall, subject to subsections (4) and (5), within one month after the receipt or presentation of the petition, pass a by-law giving effect to the application and requiring all shops within
(e) the local government district; or
(f) the part of the local government district described in the application;
as the case may be, belonging to the class or classes specified in the application, to be closed during the period of the year and at the times and hours mentioned in that behalf in the application.
Where the resident administrator of a local government district passes a by-law under subsection (3) applying only to a part of the local government district, the part to which it applies
(a) shall be the part described in the application; and
(b) shall be described in the by-law.
On the passing of a by-law under subsection (3),
(a) the local government district shall, for the purposes of this Act, be deemed to be a rural municipality;
(b) the resident administrator shall, for the purposes of this Act, be deemed a municipal council; and
(c) all the provisions of this Act applicable to a rural municipality apply, with such modifications as the circumstances require, to the local government district.
The council, in estimating the number of occupiers of shops belonging to the class to which such an application relates, shall take into consideration such shops only as are within the meaning the definition "shop" in section 1.
A municipal council may, by by-law, make regulations as to the form of any application to be made under the preceding sections, and as to the evidence to be produced respecting the proportion of persons signing such an application, and as to the classification of shops for the purposes of the preceding sections; and it is not compulsory for a council to pass a by-law under the sections unless all such regulations with respect to the application therefor have been duly observed.
Where an application mentioned in sections 8, 9, and 10, is delivered to the clerk of a council, it shall be deemed to have been presented to, and received by, the council within the meaning of those sections.
Every such by-law shall take effect at a date named therein, being not less than one, or more than two, weeks after the passing thereof, and it shall, before that date, be published in such manner as to the council may appear best fitted to ensure the publicity thereof.
Subject to subsection (2), a shop in which trades of two or more classes are carried on shall be closed, for the purpose of all such trades, at the hour at which it is by any such by-law required to be closed for the purpose of that one of those trades that is the principal trade carried on in the shop.
Any municipality may. by by-law duly passed in that behalf, require that any store or shop, therein, in which groceries are exposed or offered for sale, shall close at the same hour as shops wherein the principal or only trade carried on is that of a grocer.
No pharmacist or any of his employees, is liable to any fine, penalty, or punishment, under any such by-law for supplying medicines, drugs, or medical appliances, or selling any goods usually sold or kept for sale by pharmacists, subject to the limitations in this section hereinafter provided; nor is any occupier of, or person employed in or about, a shop in any village liable to any fine, penalty, or punishment, under any such by-law, for supplying medicines, drugs, or medical appliances, after the hour appointed by any such by-law for the closing of shops.
If it appears to any council at any time that the pharmacists are taking advantage of this section to sell, after the prescribed hour for closing, any goods that are, in the opinion of the council, not properly within the class of goods usually sold by pharmacists, the council may pass a by-law specifically stating that any particular line or class of goods shall not be sold in any pharmacy after the prescribed hour for closing; and the by-law may then be enforced and any infraction thereof punished notwithstanding anything in this section.
Nothing in any by-law referred to in the preceding sections renders the occupier of any premises liable to any fine, penalty, or punishment, for supplying any article to any person lodging in those premises, or for supplying any article required for immediate use by reason or because of any emergency arising from sickness, ailment, or death; but nothing herein authorizes any person to keep open shop after the hour appointed by the by-law for the closing of shops.
Where an offence for which the occupier of a shop is liable under any such by-law to any fine, penalty, or punishment, has in fact been committed by an agent or servant of the occupier, the agent or servant is liable to the same fine, penalty, or punishment, as if he were the occupier.
Where the occupier of a shop is charged with an offence against any such by-law, he may, upon information duly laid by him, have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier proves to the satisfaction of the court that he has used due diligence to enforce the execution of the by-law, and that the other person committed the offence in question without his knowledge, consent, or connivance, or wilful neglect or default, the occupier is exempt from any fine, penalty, or punishment; but the other person shall thereupon be summarily convicted of the offence, and is liable to the same fine, penalty, or punishment, therefor as if he were the occupier.
Subject to the preceding sections and to subsections (2) and (3), any by-law passed by a municipal council under this Act shall, for all purposes, be deemed and taken to have been passed under The Municipal Act and as if the preceding sections of this Act had formed part of The Municipal Act; and the preceding sections of this Act and The Municipal Act shall be read and construed together as if forming one Act.
This Act applies, and shall be construed to have always applied, to The City of Winnipeg.
The provisions of The City of Winnipeg Act, as to the penalties that may be imposed for contravention of by-laws and the recovery thereof, and all other provisions of that Act applicable to by-laws, respectively apply, and shall be construed to have always applied, to by-laws passed under this Act by that city.
Nothing in the preceding sections, or in any by-law passed under authority thereof, renders unlawful the continuance in a shop, after the hour appointed for the closing thereof, of any customers who were in the shop immediately before that hour, or the serving of those customers during their continuance therein.
Notwithstanding that the occupiers of any class of shops required to be closed by a by-law, passed or purporting to be passed under section 8, may not have presented an application, as required by that section, for the passing of the by-law, every such by-law is, nevertheless, and to all intents and for all purposes, valid and effectual as respects any other, and the occupiers of any other, class of shops thereby required to be closed in conformity with any application in that behalf made or presented to the council by the requisite number of occupiers of the last mentioned class of shops.
The onus of proving that an application in compliance with section 8 has not been presented to a municipal council by the requisite number of the occupiers of any class of shops required to be closed by a by-law, passed or purporting to be passed under this Act is, in all cases and for all purposes, upon the person asserting that the application has not been so presented.