Respect for Ontario Veterans, Soldiers and War Dead Act, 2010 MacLeod, Lisa — Bill 129 (39th Parliament, 2nd Session)

Bill 129, 39-2

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Bill 129, Respect for Ontario Veterans, Soldiers and War Dead Act, 2010

MacLeod, Lisa

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[39] Bill 129 Original (PDF)

Bill 129 2010

An Act to amend

various Acts with respect to the observance of Remembrance Day

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Education Act

1. The Education Act is amended by adding the

following section:

Remembrance Day service

304.1

(1) Despite

the regulations, every board shall ensure that a Remembrance Day service is

held in each school under the board's jurisdiction on the last school day

before Remembrance Day.

Form of service

(2) The Remembrance Day service held at a school shall be

in the form determined by the principal of the school and shall include the

matters, if any, prescribed by the regulations.

Attendance

(3) Every pupil who attends a school is required to

participate in the Remembrance Day service at the school, except in the

circumstances that are prescribed by the regulations.

Employment Standards Act, 2000

2. The definition of "public holiday" in

subsection 1 (1) of the Employment Standards Act, 2000 is amended by adding the

following paragraph:

6.1 Remembrance Day.

3. Clause 27 (2) (

b) of the Act is amended by

adding "if the public holiday is not Remembrance Day and" at the beginning.

4. Clause 28 (2) (

b) of the Act is amended by

adding "if the public holiday is not Remembrance Day" at the beginning.

5. Clause 30 (2) (

b) of the Act is amended by

adding "if the public holiday is not Remembrance Day and" at the beginning.

Legislation Act, 2006

(1) Paragraph 2.1 of subsection

88 (2) of the Legislation Act, 2006 is repealed.

(2) Section 88 of the Act is amended by

adding the following subsection:

Family Day

(3.1) Despite any regulation made under any Act and

despite any proclamation of the Lieutenant Governor, Family Day, being the

third Monday in February, is not a holiday or a school holiday for the purpose

of any Act or regulation.

Remembrance Day Observance Act, 1997

Section 2 of the Remembrance Day

Observance Act, 1997 is amended by striking out "The purposes of this Act" at

the beginning and substituting "Compliance with

section 1".

Section 4 of the Act is repealed and the

following substituted:

Mandatory compliance, performances

(1) No

person shall give or participate in giving a performance on Remembrance Day

that takes place outside of a private dwelling or the property on which a private

dwelling is located or for which an admission fee is charged.

Definition

(2) In subsection (1),

"performance" includes a game, contest, exhibition, a program of

entertainment or a presentation of music, dance, theatre or a motion picture.

Contract void

(3) A provision of a contract that requires a person to

contravene subsection (1) in order to comply with the contract is void.

Offence

(4) A person who contravenes subsection (1) is guilty of

an offence.

Retail Business Holidays Act

(1) The definition of "holiday"

in subsection 1 (1) of the Retail Business Holidays Act is

amended by adding the following clause:

(b.1) Easter

Sunday,

(2) Clauses (

g) and (

h) of the

definition of "holiday" in subsection 1 (1) of the Act are repealed and the following

substituted:

(

g) Remembrance

Day,

(

h) Christmas

Day, and

10. The Act is amended by adding the

following section:

Non-application, Remembrance Day

1.0.1 Sections 1.1, 1.2, 4 to 4.3, 5

and 7 do not apply in respect of activities on Remembrance Day.

11. (1) Subsection

3 (4) of the Act is amended by adding "other than Remembrance Day" after "holiday".

(2) Subsection

3 (5) of the Act is amended by adding "if the sale or offering for sale takes

place on a holiday other than Remembrance Day" at the end.

(3) Section

3 of the Act is amended by adding the following subsection:

Liquor, Remembrance Day

(5.0.1)

Section 2 does not apply

in respect of the sale or offering for sale by retail of liquor under the

authority of a licence or permit issued under the Liquor Licence Act if the sale or offering for sale

takes place on or after 12 noon on Remembrance Day .

(4) Subsection

3 (6) of the Act is amended by striking out "thereto" at the end and substituting

"to those purposes if the admission takes place on a holiday other than

Remembrance Day".

(5) Section

3 of the Act is amended by adding the following subsection:

Exemptions, Remembrance Day

(8) Section 2 does not

apply in respect of the carrying on of the following activities on Remembrance

Day:

1. The operation of a

private-home day care agency licensed under the Day Nurseries Act .

2. The caring for live animals.

3. The sale or offering for

sale of products of a dairy, milk processing plant or dairy manufacturing plant

to members of the public.

4. Trading in securities by a

dealer registered under the Securities

Act on a stock exchange in a jurisdiction other than Ontario.

5. The completion, before 6 a.m.

on Remembrance Day, of a regular shift or tour of duty commenced on the

previous day.

6. The beginning, after 9 p.m.

on Remembrance Day, of a regular shift or tour of duty continuing into the next

following day.

Commencement and

Short Title

Commencement

12. This Act comes

into force on the day it receives Royal Assent.

Short title

13. The

short title

of this Act is the Respect

for Ontario Veterans, Soldiers and War Dead Act, 2010 .

EXPLANATORY NOTE

The

Bill amends a number of Acts with respect to the observance of Remembrance Day.

The

Bill amends the Education Act

to require that every school hold a Remembrance Day service on the last school

day before Remembrance Day.

The

Bill amends the Employment

Standards Act, 2000 to add Remembrance Day to the list of public

holidays. An employee who works on Remembrance Day is entitled to receive

regular pay for the day plus a compensatory day off, but not premium pay for

working on the day.

The

Bill amends the Legislation

Act, 2006 to remove Family Day as a holiday in light of the expanded

role of a holiday that the Bill confers on Remembrance Day.

The

Bill amends the Remembrance

Day Observance Act, 1997 to prohibit any person from giving or

participate in giving a performance on Remembrance Day that takes place outside

of a private dwelling or the property of a private dwelling or for which an

admission fee is charged.

The

Bill amends the Retail

Business Holidays Act to add Remembrance Day to the list of holidays

on which retail businesses are required to close. Most of the exceptions

provided in the Act do not apply to Remembrance Day. However, there are

exceptions for the following retail businesses: small stores, pharmacies,

businesses selling special services such as gas for motor vehicles, businesses

selling liquor in accordance with the Liquor Licence Act if the sale takes

place on or after 12 noon, day care facilities, businesses that care for live

animals, dairies selling directly to the consumer, stock brokers trading on

exchanges outside the province and businesses with shift work before 6 a.m. or

after 9 p.m.

Date Bill stage Activity Committee

November 4, 2010

First Reading

Carried

Debates and Progress

First Reading

November 4, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 129

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Education Act

Employment Standards Act, 2000

Legislation Act, 2006

Remembrance Day Observance Act, 1997

Retail Business Holidays Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 129, 39-2
Type	bill
Volume / chapter	p39 s2 bill 129 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	469878c93967252ed0e48d009fa074554adff78c

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