Business in Timmins Charged Over Good Friday Opening

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Ontario Justice
Ontario Justice

Ontario Justice
Ontario Justice

TIMMINS – News – A store in Timmins has been charged after opening for business on Good Friday. Timmins Police report, “On Good Friday, April 18 2014, police received complaints about a local retail store, Urban Planet, being open on a holiday contrary to the Retail Business Holidays Act”. 

 Timmins Police attended the store and advised the store manager that should the store remain open, the business would be charged along with all employees currently working. Police re-attended the store and found the store to be open and still serving customers. 

Urban Planet, along with its manager and nine additional employees were charged with selling or offering for sale any goods or services by retail on a holiday, contrary to Section 2(2)(a) of the Retail Business Holidays Act. 

In the Retail Business Holidays Act, ‘holidays’ are listed as New Years Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Easter Sunday, and any other day declared as a holiday by the Lieutenant Governor.

Section of Ontario Legislation:

Holidays designated for closing

(2) The Lieutenant Governor may by proclamation declare any day that is a public holiday other than a day named in clauses (a) to (h) of the definition of “holiday” in subsection (1) to be a holiday for the purposes of this Act. R.S.O. 1990, c. R.30, s. 1 (2); 1996, c. 34, s. 1 (2); 2006, c. 11, Sched. B, s. 12 (1).

Non-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).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 32, Schedule D, subsection 15 (1) by adding the following section:

Non-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) Despite subsection (1), Part XVII of the Employment Standards Act, 2000 shall be applied as if this Act applies to the municipality and to retail business establishments located in the municipality. 2006, c. 32, Sched. D, s. 15 (1).

See: 2006, c. 32, Sched. D, ss. 15 (1), 18 (2).

Prohibition

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,

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.