Bill 240 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 240 Retail Business Holidays Act (Legislature 20, Session 1)

L20 S1 3767

Alberta — Bills

1983 BILL 240 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 240 RETAIL BUSINESS HOLIDAYS ACT MR. PURDY First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 240 Mr. Purdy BILL 240 1983 RETAIL BUSINESS HOLIDAYS ACT (Assented to , 1983) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1(1) In thlS Act, (a) "hoUday" means (

i) New Year's Day, (ii) Good Friday, (id) Victoria Day, (iv) Canada Day, (

v) Labour Day, (vi) Thanksgiving Day, (vu) Remembrance Day, (viu) Christmas Day, (ix) Sunday, and (

x) any other day designated by the Lieutenant Govemor in Councd to be a hoUday for the purposes of this Act; (b) "retad business" means the seUing or oflfering for sale of goods or services by retad; (c) "retad business estabUshment" means a place where retail business is carried on; (d) "tourist area" means an area designated by regulation as a tourist area for the purposes of this Act; (e) "tourist business estabUshment" means a retail busuiess es tabUshment in a tourist area that is designated by regulation as a tourist business estabUshment for the purposes of this Act.

Retail business prohibited on holidays Sunday option Powers of municipalities 2(1) No person, or person employed by or acting on behalf of any person, shall, on a hoUday, carry on retail business or admit the pubUc to a retad business establishment. (2) Subsection (1) does not apply (

a) to the carrying on of a retail business on a holiday where, on that day, (

i) the principal business is the selling or offering for sale of foodstuffs, and (ii) the total area used for serving the pubUc or for selling or displaying to the public in the estabUshment is less than 4000 square feet; (

b) to the carrying on of a retail business on a holiday in a phar macy Ucensed under the Pharmaceutical Association Act where, on that day, (

i) the dispensing of prescription drugs is available to the pubUc at all times that the business is open to the public, (ii) the principal business of the pharmacy is the selling of goods of a pharmaceutical or therapeutic nature or for hy gienic or cosmetic purposes, and (id) the total area used for serving the public or for selling or displaying to the pubUc in the estabUshment is less than 4000 square feet; (

c) to the carrying on of retail business on a hoUday where, on that day, the principal business is the selUng or offering for sale of 1 or more of the classes of goods or services set out in the Schedvde; (

d) to the carrying on of retad business on a holiday in a tourist business establishment; (

e) to the sale or the offering for sale on a holiday of (

i) goods or services permitted under the Lord's Day Act (Canada), or (ii) Uquor under the authority of a Ucence or permit issued under the Liquor Control Act; (

f) to the carrying on of retail business permitted under die Alberta Lord's Day Act. 3 Notwithstanding

section 2, retail business may be carried on in a retail business estabUshment on a Sunday if the retad business estab Ushment was closed to the pubUc and no goods or services were sold or offered for sale on the Saturday immediately preceding the Sun day. 4(1) A councd of a municipality may, by by-law, declare this Act not to be in force in the municipality.

(2) If there is a confUct between, or inconsistency with, a provision of this Act and the Municipal Government Act or a by-law made under that Act, this Act prevails. Penalty 5 A pcrsou who contravcues

section 2 is guilty of an offence and is Uable (

a) for a first offence to a fine of not more than $2000; (

b) for a second offence to a fine of not less than $2000 and not more than $5000; (

c) for a third and subsequent offence to a fine of not less than $5000 and not more than $10 000. Regulations 6(1) Thc Licutcnant Govemor in Council may by regulation (

a) designate retail business estabUshments or classes of retail business estabUshments as tourist business estabUshments; (

b) designate an area as a tourist area for the purposes of this Act; (

c) add to or delete from the Schedule; (

d) designate other days as holidays for the purposes of this Act.

(2) A regulation made under subsection (l)(

c) ceases to have effect after the last day of the Session of the Legislature next ensuing after it is made. Amends RSA l9gOcM-26 7(1) The Municipal Government Act is amended by this section.

(2) The following is added after

section 241: 241.1

Section 241 does not authorize the making of a by-law in respect of a day that is a holiday as defined in the Retail Business Holidays Act.

(3) Section 242 is amended by striking out "of a holiday as defined in the

Interpretation Act or". In accordance with

section 4(1) of the

Interpretation Act, this Bill comes into force on the date it receives Royal Assent.

SCHEDULE List of classes of goods and services that may be sold or offered for sale by retad business establishments: (

a) nursery stock or flowers and, in conjunction therewith, acces sory gardening suppUes; (

b) serving prepared meals; (

c) providing the public with prepared food and any drink that may lawfidly be sold, for consumption either on or off the prem ises; (

d) providing Uving accommodation; (

e) laimdromats or other corn-operated services; (

f) gasoline and motor od and other goods for consumption in the operation of a motor vehicle, boat or aircraft; (

g) servicing, repairing or rental of motor vehicles, boats or air craft; (

h) rental of goods and equipment for sports, recreation or use about the home and garden; (

i) tobacco, cigars, cigarettes or smokers' simdries; (

j) newspapers, magazines, periodicals, pamphlets, books or sou venirs; (

k) handicrafts;

(1) Uve or cinematic productions, displays, exhibits or faciUties for educational, recreational, cultural, entertainment or amuse ment purposes and the sale or offering for sale of goods and services incidental to those purposes. Title: 1983 (20th, 1st) Bill 240, Retail Business Holidays Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3767
Type	bill
Volume / chapter	L20 S1 3767
Language	en
Format	json
Source	PROVINCIAL
Identifier	5ffbcd28b54b8c44ebd6982f1f8f280474115283

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