Retail Business Holidays Act

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Sections25

• 1Definitions

  1 (1) In this Act, “holiday” means, (a) New Year’s Day, (b) Good Friday, (c) Repealed: 2026, c. 2, Sched. 14, s. 1. (d) Canada Day, (e) Labour Day, (f) Thanksgiving Day, (g) Christmas Day, (h) Easter Sunday, and (i) any other public holiday declared by proclamation of the Lieutenant Governor to be a holiday for the purposes of this Act; (“jour férié”) “municipality” means a regional municipality and a local municipality, other than a local municipality within a regional municipality, but does not include the City of Toronto; (“municipalité”) “retail business” means the selling or offering for sale of goods or services by retail; (“commerce de détail”) “retail business establishment” means the premises where a retail business is carried on. (“établissement de commerce de détail”) R.S.O. 1990, c. R.30, s. 1 (1); 1993, c. 14, s. 1; 1993, c. 27, Sched.; 1996, c. 34, s. 1 (1); 2002, c. 17, Sc…

• 1.
• 1.1Non-application, City of Toronto

  1.1 (1) This Act does not apply to the City of Toronto and it does not apply in respect of any by-law of the City or any retail business establishment located in the City. 2006, c. 11, Sched. B, s. 12 (2). Exception (2) Despite subsection (1), Part XVII of the Employment Standards Act, 2000 shall be applied as if this Act applies to the City and to retail business establishments located in the City. 2006, c. 11, Sched. B, s. 12 (2). Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 12 (2) - 01/01/2007

• 2.
• 1.2Non-application, municipalities

  1.2 (1) This Act does not apply to a municipality and does not apply in respect of any by-law of the municipality or any retail business establishment located in the municipality if there is in effect a by-law passed by the municipality providing that this Act does not apply to it. 2006, c. 32, Sched. D, s. 15 (1). Condition for by-law to take effect (2) A by-law under subsection (1) does not take effect until the municipality passes a by-law under section 148 of the Municipal Act, 2001 requiring that one or more classes of retail business establishments be closed on a holiday. 2006, c. 32, Sched. D, s. 15 (1). By-law valid (3) Nothing in section 7 invalidates a by-law passed by a municipality under section 148 of the Municipal Act, 2001 if the municipality has passed a by-law under subsection (1) providing that this Act does not apply. 2006, c. 32, Sched. D, s. 15 (1). Exception (4) Des…

• 3.
• 2Prohibition

  2 (1) No person carrying on a retail business in a retail business establishment shall, (a) sell or offer for sale any goods or services therein by retail; or (b) admit members of the public thereto,

• 4.
• [s4]

  on a holiday. Onus on employees, etc. (2) No person employed by or acting on behalf of a person carrying on a retail business in a retail business establishment shall, (a) sell or offer for sale any goods or services therein by retail; or (b) admit members of the public thereto, on a holiday. R.S.O. 1990, c. R.30, s. 2.

• 3Exemptions: small stores

  3 (1) Section 2 does not apply in respect of the carrying on of a retail business on a holiday where, on that day, (a) the only goods available for sale by retail in the retail business establishment are, (i) foodstuffs, (ii) tobacco or articles required for the use of tobacco, (iii) antiques, or (iv) handicrafts, or any combination of them, or where the principal business is the sale of goods referred to in subclauses (i) to (iv), or any of them, by retail and no other goods are available for sale except as sundries; and (b) the number of persons engaged in the service of the public in the establishment does not at any time exceed three; and (c) the total area used for serving the public or for selling or displaying to the public in the establishment is less than 2,400 square feet. R.S.O. 1990, c. R.30, s. 3 (1). Idem, pharmacies (2) Section 2 does not apply in respect of the carrying o…

• 4Tourism exemption

  4 (1) Despite section 2, the council of a municipality may by by-law permit retail business establishments in the municipality to be open on holidays for the maintenance or development of tourism. 1991, c. 43, s. 1 (1). Common pause day principle (2) The council in passing a by-law under subsection (1) shall take into account the principle that holidays should be maintained as common pause days. 1991, c. 43, s. 1 (1). Tourism criteria (3) A by-law may be passed under subsection (1) only if there is compliance with the tourism criteria set out in the regulations made under this section. 1991, c. 43, s. 1 (1). Application for by-law (4) Subject to the regulations made under this section, the council shall consider a by-law under subsection (1) only on the application of one or more persons carrying on retail business in the municipality or on the application of an association, whether or n…

• 4.1Unorganized territory

  4.1 The Lieutenant Governor in Council may by regulation permit retail business establishments in territory without municipal organization to be open on holidays. 1991, c. 43, s. 1 (1). Section Amendments with date in force (d/m/y) 1991, c. 43, s. 1 (1) - 01/12/1991

• 4.2Contents of by-laws and regulations

  4.2 A by-law under section 4 or a regulation under section 4.1, (a) may apply to one or more retail business establishments or to one or more classes of retail business establishments; (b) may apply to all or any part or parts of the municipality in case of a by-law or to all or any part of a territory without municipal organization in the case of a regulation; (c) may limit the opening of retail business establishments on holidays to specific times or to a certain number of hours; (d) may permit the opening of retail business establishments on some holidays and not on others; (e) may restrict the opening of retail business establishments on holidays to specific periods of the year; (f) may classify retail business establishments. 1991, c. 43, s. 1 (1). Section Amendments with date in force (d/m/y) 1991, c. 43, s. 1 (1) - 01/12/1991

• 5.
• 4.3Appeal to Ontario Land Tribunal

  4.3 (1) Any person who objects to a by-law made by the council of a municipality under section 4 may appeal to the Ontario Land Tribunal by filing a notice of appeal with the Tribunal setting out the objection to the by-law and the reasons in support of the objection. 2017, c. 23, Sched. 5, s. 109 (1); 2021, c. 4, Sched. 6, s. 87 (1). Time for appeal (2) The notice of appeal must be filed with the Tribunal not later than thirty days after the day the by-law is passed by the council. 1991, c. 43, s. 1 (1); 2017, c. 23, Sched. 5, s. 109 (2). Dismissal without hearing (3) The Tribunal may, if it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing, but before doing so shall notify the appellant and afford the appellant an opportunity to make representations as to the merits of the appeal. 2017, …

• 6.
• 4.4Repealed

  4.4 Repealed: 1993, c. 14, s. 2. Section Amendments with date in force (d/m/y) 1993, c. 14, s. 2 - 03/06/1992

• 7.
• 5Sunday exception

  5 (1) Despite any other provision of this or any other Act or the by-laws or regulations under this or any other Act, a retail business may be carried on in a retail business establishment on a Sunday if the retail business establishment is always closed to the public throughout another day of the week by reason of the religion of the owner of the retail business. Definition (2) For the purpose of subsection (1), “religion of the owner” means, (a) in the case of a sole proprietorship, the religion of the sole proprietor, (b) in the case of a partnership, the religion named in a written agreement between the partners which is the religion of one of the partners, (c) in the case of a corporation, the religion named in the by-laws of the corporation. Affiliated corporation (3) The exception set out in subsection (1) does not apply to a corporation that is the affiliate of another corporatio…

• 8.
• 6Commercial tenants

  6 A provision in a lease or other agreement that has the effect of requiring a retail business establishment to remain open on a holiday or on a Sunday or on December 26 is of no effect even if the lease or agreement was made before section 2 of the Boxing Day Shopping Act, 1996 comes into force. 1996, c. 34, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 34, s. 2 - 19/12/1996

• 9.
• 7Invalidity of certain municipal by-laws

  7 (1) Subject to subsection (2), a by-law of a municipality passed under any other Act is invalid to the extent that it requires the closing of a retail business establishment on a holiday. R.S.O. 1990, c. R.30, s. 7 (1). Transitional (2) The following transitional rules apply to the by-laws of municipalities that were in force under this or any other Act at the end of the 30th day of November, 1991 and that relate to the opening or closing of a retail business establishment on holidays: 1. By-laws in force on the 3rd day of June, 1991 continue in force until the 1st day of December, 1992 or until the by-law is repealed, whichever is first. 2. By-laws that come into force on or after the 4th day of June, 1991 are repealed on the 1st day of December, 1991. 1991, c. 43, s. 1 (3). Interpretation (3) The definition of “municipality” in subsection 1 (1) does not apply for the purposes of this…

• 8Penalty

  8 (1) Every person who contravenes section 2 or a regulation under section 4 is guilty of an offence and on conviction is liable to a fine of not more than the greater of, (a) $50,000; or (b) the gross sales in the retail business establishment on the holiday on which the contravention occurred. Idem, municipal laws (2) A by-law under subsection 4 (1) requiring a retail business establishment to be closed on a holiday shall provide that any person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not more than the greater of, (a) $50,000; or (b) the gross sales in the retail business establishment on the holiday on which the contravention occurred. Idem, coercion or counselling (3) Every person who coerces, requires or counsels another person to contravene section 2, a regulation under section 4 or a by-law under subsection 4 (1) is guilty of an …

• 9Court orders

  9 (1) Upon the application of counsel for the Attorney General or of a municipality to the Superior Court of Justice, the court may order that a retail business establishment close on a holiday to ensure compliance with this Act or a by-law or regulation under this Act. R.S.O. 1990, c. R.30, s. 9 (1); 2001, c. 9, Sched. D, s. 14. Idem (1.1) In addition to its powers under subsection (1), the Superior Court of Justice, on the application of any interested person, may order that a retail business establishment close on a holiday to ensure compliance with this Act or a by-law or regulation under this Act. 1991, c. 43, s. 1 (5); 2001, c. 9, Sched. D, s. 14. Idem (2) An order under subsection (1) or (1.1) is in addition to any penalty that may be imposed and may be made whether or not a proceeding is commenced under the Provincial Offences Act for a contravention of section 2 or of a by-law o…