1977 Bill 228 Third Ses:sion, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 228

AN ACT TO REGULATE HOUDA Y CLOSINGS FOR RETAIL BUSINESSES MR. PURDY First Reading . .. . ................... . Second Reading .......................... . Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 228 Mr. Purdy BILL 228 1977

AN ACT TO REGULATE HOUDAY CLOSINGS FOR RETAIL BUSINESSES (Assented to , 1977) HER MAJESTY, by and with the advice and consent of the Legis}iative Assembly of Alberta, enacts as follows: 1. ( 1 ) In this Act, (a) "holiday" means, (

i) New Year's Day, (ii) Good Friday, (iii) Victoria Day, (iv) Dominion Day, (

v) Labour Day, (vi) Thanksgiving Day, (vii) Remembrance Day, (viii) Christmas Day, (ix) Boxing Day, (

x) Sunday, and (xi) any other public hOlliday declared by order of the Lieutenant Governor in Council to 'be a holiday for the purposes of this Act; (b) "retail business" means the selling or offering for sale of goods or services by retail; ( cJ "retail business establishment" means the premises where a retail business is c'arried on.

(2) The Lieutenant Governor in Council may by order declare any day that is a public holiday other than a day named in su'bclauses (

i) to (

x) of dause (

a) of subsection ( 1) to be a holiday for the purposes of this Act. 2. ( 1 ) Every person can-ying on 'a retail business in a retail business establishment shall ensure thaJt no member of the public is admitted thereto and no goods or services are sold or offered for sale therein by retail on 'a holiday.

Explanatory Notes I.

(1) Definitions

(2) Holidays designated for closing. 2.

(1) Onus on persl()n carrying on business to ensure no retaH. sales,

(2) No person employed by or acting on behalf of a per­ son carrying on a retail business in a retail busines1s estab­ lishment shall, (Ia) sell or offer for sale any goods or services therein by retail; or (

b) admit members of the public the'reto, on a holiday. 3.

(1) Section 2 does not apply in respect of the carry­ ing on of a retail business on a holiday where, on that day, (

a) the only goods available f'Or sale by retail in the retail business establishment are, (

i) foodstuffs, (ii) newspapers or peri'Odicals, or tobacco or artic- les required for the use of tobaccO', (iii) antiques, or (iv) handicrafts, or any comhination of them; (

b) the principal business is the sale of goods referred to in clause (

a) or any of them, by retail and no other goods are avai:lable for sale except as sun­ dries; (

c) the n um'ber of persons engaged in the service of the public in the estahlishment does not at any time exceed three; and (

d) the total 'area used for serving the public or for selling or displaying to the public in the establish­ m'ent is less than 2,400 square feet.

(2) Section 2 does not apply in respect of the carrying on of a retail business on a holiday in a pharmacy within the meaning of The Pharmaceutical Association Act, where, on that day, (

a) the dispensing of drugs upon prescription is avail­ able to the public during business hours, (b) (

c) the principal business of the pharm'acy is the sale of goods of a pharmaceutical or therapeutic nature 'Or for hygienic or cosmetic purposes and no other goods are available for sale except as sundries, ami the number of persons engaged in the service of the public in the pharmacy does not at any time exceed four.

(3) Section 2 does not apply in respect 'Of the carrying on of a retail business in a retail business estaiblishment on a holiday where, on that day, the only goods available f'Or sale by retail in the establishment are, 2

(2) Onus on employees, etc. 3.

(1) Exemptions: small stores.

(2) Exemption: pharmacies.

(3) Exemption: special services.

(

a) gasoline, diesel or motor oil or goods or services for consumption in the operation of a motOor vehicle sold in c'onj unction therewith; (

b) nursery stock or flOowers, and in conjunction there­ with, a'ccessory gardening supplies; or (

c) fresh fruit or vegetable's in respect of holidays fall­ ing between the 1st day of April and the 30th day of November of any year. ( 4)

Section 2 does not apply in respect of the c'arrying on of a retail business in a retail business eSltablishment on a Sunday where, (

a) the retail business estahlishment was closed to the public and no goods or services were sold or offer­ ed fOor s'ale therein during a period of twenty-four consecutive hours in the period of thirty-two hours im-mediately preceding the Sunday; (

h) the number of persons engaged in the service of the public in the est'abHshment on the Sunday does not at any time exceed seven; and (

c) the total area used fDr serving the public or for selling or displaying to the public in the establish­ ment on the Sunday is less than 5,000 sqU'are feet.

(5) Section 2 does not apply in respect of the sale or of­ fering for s'ale by ret'ail, (

a) of liquor under the authority of a licence or permit issued under The Liquor Licensing Act; and (

b) of goods or services permitted under The Lord's Day Act (Canada).

(6) Section 2 does not apply in respect of 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.

(7) Section 2 does not apply in respect Oof services sold in connection with the s'ale or offering for s'ale by retail of any goods permitted by this Alcrt tOo be sold, and does not apply in respect of gOOods or services sold or offered for sale by retail in the form of or in connection with, ('

a) prep-ared meals; (

b) living accommodation; (

c) laundromats and other coin-operated services; (

d) rentals Oof vehicles or boats; (

e) servicing and rep-air of vehicles or boats.

(8) Section 2 does not apply to retail business establish­ ments or any class thereof in respect of which a bylaw or regulation has been m'ade under

section 4 while the estab­ lishment is not in contravention of any conditi'ons provided for in the byl'aw or regulation. 3<

(4) Exemption: Saturday closing.

(5) Exemption under licences or other Acts.

(6) Exemption: education, recreation, amusement.

(7) Exemption: necessary services.

(8) Exemption under bylaw or regul'ation. 3

(1) In this section, "municipality" means a muni­ cipality within the meaning of The Municipal Government Act.

(2) Where it is essential for the maintenance or devel­ opment of a tDurist industry, the council of a municipality may by bylaw provide that

section 2 does not apply to any class of retail business establishment in respect of the sale by retail 'Of such goods or services on such holidays, for such peri'Ods of time, in such p1arts of the municipality and under such conditions as are specified in the bylaw.

(3) The Lieutenant Governor in Council may m'ake reg­ ulations pr'Oviding that sectiDn 2, dDes not apply to any class of retaH business in any areas not within a muni­ cipality, in respect of the sale by retail of such goods or services 'On such holidays for such peri Dds of time and un­ der such conditions as are specified in the regulati'Ons.

(4) A bylaw or regulation made under this secti'On may dassify retail business es·tablishments by size, number of persons emplDyed, character of business, location or any Dther criteriDn. 5. It is lawful for any person not prohibited by this Act to sell, or offer fDr sale any goods, chattels or other per­ s'Onal property or to employ any other person in connecti'On therewith on the Lord's Day where to dO' so would, but f'Or this Act, be unlawful under

section 4 Df The Lord's Day Act (Gana,da). 6. Any provision of any other Act empowering la muni­ cipality to regulate the clDsing or the hours Df operation of a retail business does not include the P'Ower 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 munici­ pality to' pr'Ohibit the oarrying 'On of a retail business on a day when the carrying on of the retail business is not pro­ hibited by this Act. 7. Every person who contravenes

section 2 is guilty of an offence and on

summary convictiDn is liable to a fine of not more than $1,000 for a first offence, n'Or $5,000 for a second or subsequent offence. 8. This Act c'Omes into force on the day UP'On whioh it is assented to. 4

(1) Interp!I'etation.

(2) Municipal exceptions.

(3) Exceptions, outside municipalities.

(4) Classification of establishments. 5. Exception from RS.C. 1970, c. L-13. 6. Powers of municipalities. 7. Penalty. 8. Coming into force. 4 Title: 1977 (18th, 3rd) Bill 228,

An Act to Regulate Holiday Closings for Retail Businesses