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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act Respecting Sunday Shopping
 
Legislature :
55
Session :
1
Bill No. :
38
Member :
Hon. Mrs. Fowlie
First Reading :
2004-4-2
Second Reading :
2004-4-6
Committee of the Whole :
2004-6-25
Amended :
Third Reading :
2004-6-29
Royal Assent :
2004-6-30
Download PDF :
  Bill 38         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



Days of Rest Act

1(1)                   Section 1 of the Days of Rest Act, chapter D-4.2 of the Acts of New Brunswick, 1985, is amended by repealing the definition "Board".



1(2)                   Section 4 of the Act is amended



(a)               in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:



4(1)                   Subject to subsections (3) and (4), no person shall, on the weekly day of rest,



(b)               in subsection (2) by repealing the portion preceding paragraph (a) and substituting the following:



4(2)                   Subject to subsections (3) and (4), no person shall, on a prescribed day of rest,



(c)               in subsection (3)



(i)         by adding after paragraph (a) the following:



(a.1)          the operation of a retail business associated with any activity referred to in paragraph (a),



(ii)       in paragraph (u) by striking out "and";



(iii)    in paragraph (v) by striking out the period at the end of the paragraph and substituting a comma followed by "and";



(iv)      by adding after paragraph (v) the following:



(w)               the operation of a business or industry that is, by necessity, engaged in a continuous operation.



(d)               by adding after subsection (3) the following:



4(4)                   Any person may, on the weekly day of rest, whether or not the weekly day of rest is also a prescribed day of rest, engage in an activity that is prohibited under subsection (1) or (2) if the person wishes to engage in that activity on the weekly day of rest because he or she could not engage in that activity on one of the other days of the week due to the dictates of the person's conscience or religion.



1(3)                   Section 6 of the Act is repealed.



1(4)                   Section 7 of the Act is repealed.



1(5)                   Section 7.1 of the Act is amended



(a)               in subsection (1) by striking out "and subsections 7(1) and (2)";



(b)               by repealing subsection (2) and substituting the following:



7.1(2)             An exemption under subsection (1) does not apply to a retail business or a part of a retail business that is subject to a by-law made under paragraph 11(1)(e.1) of the Municipalities Act or a permit issued under section 27.7 of the Municipalities Act.



1(6)                   Section 7.11 of the Act is repealed and the following is substituted:



7.11                  If all or part of a retail business is authorized under this Act, a by-law made under paragraph 11(1)(e.1) of the Municipalities Act or a permit issued under section 27.7 of the Municipalities Act to remain open on a weekly day of rest, whether or not the weekly day of rest is also a prescribed day of rest, any provision in a lease or other agreement that has the effect of requiring all or part of the retail business to remain open on a weekly day of rest is of no effect in so far as it applies to that weekly day of rest, whether the lease or agreement is made before or after the commencement of this section.



1(7)                   Section 7.2 of the Act is repealed.



1(8)                   Section 8 of the Act is repealed and the following is substituted:



8(1)                   A person who violates or fails to comply with subsection 4(1) or 4(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.



8(2)                   A person does not violate or fail to comply with subsection 4(1) if the person is authorized to engage in the prohibited activity by a by-law made under paragraph 11(1)(e.1) of the Municipalities Act or a permit issued under section 27.7 of the Municipalities Act.



1(9)                   Section 11 of the Act is amended



(a)               by repealing paragraph (a);



(b)               by repealing paragraph (b);



(c)               by repealing paragraph (c.1);



(d)               by repealing paragraph (c.4);



(e)               by repealing paragraph (c.5);



(f)                by repealing paragraph (d).



Employment Standards Act

2                           Paragraph 17.1(2)(a) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is repealed and the following is substituted:



(a)               solely under



(i)         a by-law made under paragraph 11(1)(e.1) of the Municipalities Act, or



(ii)       a permit issued under section 27.7 of the Municipalities Act,



Municipalities Act

3(1)                   Section 1 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended



(a)               by adding the following definitions in alphabetical order:



"retail business" means a retail business as defined in the Days of Rest Act;



"weekly day of rest" means the weekly day of rest as defined in the Days of Rest Act.



(b)               in the English version in the definition "ward" by striking out the period at the end of the definition and substituting a semicolon.



3(2)                   Subsection 11(1) of the Act is amended by adding after paragraph (e) the following:



(e.1)          permitting or prohibiting the operation of retail businesses on the weekly day of rest, provided that the weekly day of rest is not also a prescribed day of rest under the Days of Rest Act, and establishing hours during which retail businesses may operate on the weekly day of rest;



3(3)                   The Act is amended by adding after section 27.6 the following:



27.7(1)          Where



(a)               twenty-five or more residents of a local service district or a rural community who are qualified to vote under the Elections Act petition the Minister to authorize the operation of retail businesses on the weekly day of rest in the area, or



(b)               the Minister is of the opinion that the residents of a local service district or rural community ought to consider the authorization of the operation of retail businesses on the weekly day of rest in the area,



the Minister shall within thirty days call a meeting as prescribed by regulation of the residents of the area who are qualified to vote under the Elections Act.



27.7(2)          The Minister may issue a permit authorizing the operation of retail businesses on the weekly day of rest in a local service district or a rural community if, at the meeting held under subsection (1),



(a)               at least



(i)         fifty people, or



(ii)       thirty per cent of the people,



who are eligible under subsection (1) to attend the meeting, whichever is lesser, are in attendance, and



(b)               a majority of those in attendance decides in favour of authorizing the operation of retail businesses on the weekly day of rest in the area.



27.7(3)          The Minister may issue a permit under subsection (2) subject to such conditions as the Minister considers appropriate, if the conditions were considered at the meeting held under subsection (1).



27.7(4)          The Minister may only amend, suspend or revoke a permit issued under subsection (2) if petitioned to do so in accordance with subsection (1), and subsections (1) to (3) apply with the necessary modifications to such a petition.



27.7(5)          If a meeting has been held under subsection (1), the Minister may not be petitioned with respect to a permit under this section in relation to the same area for one year after the meeting.



27.7(6)          A person who violates or fails to comply with a condition imposed under subsection (3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.



3(4)                   Section 97 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



97(1)               In this section, "closed" means not open for the service of a customer.



(b)               in subsection (2) by striking out "retail establishments" and substituting "retail businesses";



(c)               by repealing paragraph (3)(a) and substituting the following:



(a)               classify retail businesses according to the class of goods, wares or merchandise sold, offered for sale or displayed there or according to the trade conducted or service provided there,



(d)               by repealing subsection (4) and substituting the following:



97(4)               A by-law requiring a class of retail businesses to close and remain closed during any period of time may provide that during the period one or more of such retail businesses, as designated in writing by an official named by the council, may remain open on the days and between the hours specified in the written designation.



(e)               in subsection (5)



(i)         in paragraph (a) by striking out "retail establishment" and substituting "retail business";



(ii)       by repealing paragraph (b) and substituting the following:



(b)               more than one trade is carried on or service provided in a retail business, and



(iii)    in paragraph (c) by striking out "such trades" and substituting "such trades or services";



(iv)      by repealing the portion following paragraph (c) and substituting the following:



such retail business may on such terms and conditions as specified in the by-law, be kept open during the closed hours for the sale of such goods, wares or merchandise or for the purposes of such trades or services only.



(f)                in subsection (6) by striking out "retail establishment" and substituting "retail business";



(g)               by adding after subsection (6) the following:



97(7)               A by-law made under this section does not apply to



(a)               a retail business that is engaged in an activity referred to in subsection 4(3) or (4) of the Days of Rest Act, or



(b)               an activity or the operation of a business or industry that is referred to in subsection 3(1) of New Brunswick Regulation 85-149 under the Days of Rest Act.



Transitional Provisions

4(1)                   A permit issued under paragraph 7(1)(a), (b) or (c) or section 7.2 of the Days of Rest Act is cancelled and shall be of no effect.



4(2)                   Subject to subsection (3), a permit issued under paragraph 7(1)(d) of the Days of Rest Act shall be cancelled and have no effect one year after the commencement of this Act.



4(3)                   If a permit issued under paragraph 7(1)(d) of the Days of Rest Act is in effect for an area that is subject to a by-law made under paragraph 11(1)(e.1) of the Municipalities Act or a permit issued under section 27.7 of the Municipalities Act, the permit shall be cancelled and have no effect immediately upon the commencement of the by-law or the issuance of the permit, as the case may be.



4(4)                   A permit issued under paragraph 7(1)(d) of the Days of Rest Act shall be amended such that the period during which the exemption has effect shall not include a prescribed day of rest as defined under that Act.



4(5)                   Subsection (4) shall be deemed to be a condition of a permit issued under paragraph 7(1)(d) of the Days of Rest Act.



4(6)                   A person who violates or fails to comply with a condition imposed upon a permit issued under paragraph 7(1)(d) of the Days of Rest Act commits an offence under the Days of Rest Act punishable under Part II of the Provincial Offences Procedure Act as a category C offence.



Commencement

5                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1 - Days of Rest Act



(1)                      A definition is repealed.



(2)(a)               Consequential amendment.



(b)               Consequential amendment.



(c)(i)          New provision.



(c)(ii)       Consequential amendment.



(c)(iii)      Consequential amendment.



(c)(iv)       New provision.



(d)               New provision.



(3)                      The existing provision is as follows:



6                           The Lieutenant-Governor in Council may designate a board for the purposes of this Act.



(4)                      The exiting provision is as follows:



7(1)                   Upon application the Board may issue a permit exempting from the application of this Act



(a)               the operation of a part of a retail business carried on in relation to the sale of



(i)         food products,



(ii)       newspapers, magazines, periodicals or other publications,



(iii)    tobacco or other articles required for the sale of tobacco,



(iv)      confectionery,



(v)       meals and food products to be consumed on or near the premises,



(vi)      prescription drugs, proprietary or patent medicine, medical and surgical applicances or any other pharmaceutical or hygenic products, or



(vii)    greenhouse or garden supply goods,



where that part of the retail business referred to in subparagraphs (i), (ii), (iii), (iv), (v), (vi) and (vii) is carried on in a separate and partitioned area of the business premises and all other areas are separated and partitioned off from that area by ropes, signs or other means so that no goods, services or chattels within those other areas can be offered for sale or rent to the public,



(b)               the operation of any business or industry where, in the opinion of the Board, the business or industry is, by necessity, engaged in a continuous operation,



(c)                any person who is prohibited under this Act from working or operating a business or industry on the weekly day of rest and who wishes to work or operate a business or industry on that day because he could not work or operate a business or industry on one of the other days of the week due to the dictates of his conscience or religion, or



(d)               the operation of all retail businesses located in a tourist area,



subject to the conditions prescribed by regulation.



7(2)                   A permit issued under paragraph (1)(a) may exempt from the application of this Act not more than three persons including the owner or proprietor of the retail business.



7(2.1)             The Board may, for the purposes of paragraph (1)(d),



(a)               declare any area of the Province to be a tourist area,



(b)               determine the boundaries of a tourist area, and



(c)                declare the period of the year during which the exemption has effect.



7(3)                   When the Board declares an area of the Province to be a tourist area under paragraph (2.1)(a), it shall take into consideration



(a)               the criteria established by regulation respecting tourist areas, and



(b)               the purposes of this Act.



(5)                      Consequential amendments.



(6)                      Consequential amendment.



(7)                      The existing provision is as follows:



7.2(1)             If a festival or other special event is to be held in an area of the Province, the Minister, upon application by a representative of the area, may issue a permit to the representative exempting all retail businesses located in the area from the application of this Act in conjunction with the festival or other special event.



7.2(2)             For the purposes of subsection (1), the Minister



(a)               shall take into consideration the criteria established in accordance with the regulations respecting applications under this section,



(b)               shall determine the boundaries of the area to which the exemption relates,



(c)                shall establish the day or days on which the exemption is to be in effect, and



(d)               may impose conditions to be met in order for the permit to be issued or to remain in effect.



7.2(3)             A permit issued under this section may take the form of a letter.



7.2(4)             The Minister may cancel a permit issued under this section if the Minister has reasonable and probable grounds to believe that there has been a violation of or a failure to comply with a condition imposed under paragraph (2)(d).



(8)                      Consequential amendments.



(9)                      Regulation-making powers are repealed.



Section 2 - Employment Standards Act



Consequential amendment to the Employment Standards Act.



Section 3 - Municipalities Act



(1)(a)               New definitions are added.



(b)               Consequential amendment to the English version.



(2)                      New provision.



(3)                      New provision.



(4)(a)-(f)       Consequential amendments.



(g)               New provision.



Section 4



Transitional provisions.



Section 5



Commencement provision.

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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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