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RSNL1990 CHAPTER S-15

SHOPS' CLOSING ACT

Amended:

1991 c43 s17; 1992 c35; 1997 c21; 1998 c2; 2001 c13; 2001 c42 s41; 2004 c36 s42; 2006 c40 s21

CHAPTER S-15

AN ACT TO PROVIDE FOR THE CLOSING OF SHOPS ON HOLIDAYS

Analysis



Short title

        1. This Act may be cited as the Shops' Closing Act.

1977 c107 s1

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Definitions

        2. In this Act

             (a)  "council" means a council or board of trustees of a municipality;

             (b)  "exempt shop" means a trade or business that is declared by the regulations to be exempt from the application of this Act;

             (c)  "holiday" means a holiday as determined under section 4;

             (d)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (e)  "municipality" means the City of St. John's, the City of Corner Brook, the City of Mount Pearl or a town or community constituted or continued under theMunicipalities Act; and

             (f)  "shop" means the part of a premises or a place in which or from which a wholesale or retail trade or business is carried on.

1977 c107 s2; 1979 c33 Sch C; 1984 c40 Sch B; 1989 c25 Sch B; 1990 c43 s17; 1991 c43 s17; 1992 c35 s1; 2006 c40 s21

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Application of Act

        3. (1) This Act applies to shops in the province other than exempt shops.

             (2)  Where a municipality enacts general regulations for the opening and closing of shops in that municipality on holidays, the minister may, by order, exempt that municipality from the operation of this Act and this Act does not apply within the area of that municipality while those regulations are in force in that municipality.

1977 c107 s4

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Holidays

        4. (1) For the purpose of this Act, the following days are holidays:

             (a)  in all areas of the province,

                      (i)  Easter Sunday,

                     (ii)  Labour Day,

                    (iii)  Thanksgiving Day,

                    (iv)  Remembrance Day (November 11),

                     (v)  Christmas Day,

                    (vi)  Boxing Day,

                   (vii)  New Year's Day,

                  (viii)  Good Friday,

                    (ix)  Victoria Day, and

                     (x)  Memorial Day or Canada Day (July 1);

             (b)  in all areas of the province a day that may be proclaimed by the Lieutenant-Governor in Council to be observed as a public holiday, or as a day of general mourning;

             (c)  in a particular municipality, other than the City of St. John's and the Town of Harbour Grace, 1 day in each year, which the council of that municipality may fix as a public holiday;

             (d)  in the City of St. John's, the day in each year ultimately determined, in the manner prescribed by custom, for the St. John's Annual Regatta; and

             (e)  in the Town of Harbour Grace , the day in each year ultimately determined, in the manner prescribed by custom, for the Harbour Grace Annual Regatta.

             (2)  Victoria Day shall be celebrated in the province on the 1st Monday immediately preceding May 25.

             (3)  Labour Day shall be celebrated in the province on the 1st Monday in September.

             (4)  [Rep. by 2001 c13 s1]

             (5)  Thanksgiving Day shall be celebrated on the Monday in October that is proclaimed by the Lieutenant-Governor in Council for the observation of that day.

             (6)  [Rep. by 2001 c42 s41]

1977 c107 s5; 1984 c9 s1; 1992 c35 s2; 1997 c21 s1; 1998 c2 s1; 2001 c13 s1; 2001 c42 s41

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Closing of shops

        5. (1) A person who owns or operates a shop to which this Act applies shall not admit members of the public to that shop or sell or offer for sale goods or services in that shop, on a holiday.

             (2)  A person employed by or acting on behalf of a person who owns or operates a shop to which this Act applies shall not, on a holiday

             (a)  sell or offer for sale goods or services in that shop; or

             (b)  admit members of the public into that shop.

             (3)  Notwithstanding subsections (1) and (2), where the premises or place in which or from which a trade or business is carried on combines both the operation of a shop to which this Act applies and the operation of another trade or business

             (a)  the goods and services of that other trade or business, but not of the shop to which this Act applies, may be sold or offered for sale on a holiday from that premises or place; and

             (b)  members of the public may be admitted to the place in which that other trade or business is operated.

             (4)  Notwithstanding subsections (1) and (2),

             (a)  a shop to which this Act applies may be open on a holiday for the purpose of supplying food, stores or other necessaries for a ship immediately upon its arrival in port or in order to hasten the ship's departure;

             (b)  an owner, proprietor or occupant of a shop to which this Act applies, or the manager, agent or employees of the shop, may serve a customer from the shop on a holiday where he or she reasonably believes that an article supplied to the customer was required because of illness, death or other emergency that would justify the sale of that article; and

             (c)  a shop to which this Act applies may be open on a holiday for the purpose of supplying necessaries where a permit is given by a Provincial Court judge, social worker employed by the province or a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police for the shop to open on that holiday.

1977 c107 s6

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Special permit to open

        6. (1) Where a Provincial Court judge, social worker employed by the province or a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police considers it desirable in the public interest that a shop to which this Act applies be open on a specific holiday in an area for the purpose of supplying necessaries in that area, he or she may give a permit, valid on that specific holiday only, for that shop to be open for that purpose.

             (2)  [Rep. by 1997 c21 s2]

1977 c107 s7; 1979 c38 s7; 1997 c21 s2

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Powers of entry, interview and inspection

        7. (1) The Director of Labour Standards under theLabour Standards Act or an officer or inspector appointed under that Act, may, at reasonable times upon production of evidence of identity, enter upon the premises of a shop so long as it is reasonably necessary to determine compliance with this Act and

             (a)  inspect and examine the records maintained by the owner or operator of the shop; and

             (b)  without unduly interfering with the business of the shop interview persons working within the shop.

             (2)  Where the Director of Labour Standards under the Labour Standards Act or an officer or inspector appointed under that Act believes on reasonable grounds that a person has contravened this Act or regulations, a person appointed to make the investigation ordered under this section may, with a warrant issued under subsection (3), at a reasonable time enter upon the premises of a shop and may investigate, inquire into and examine the affairs of the person in respect of whom the investigation is being made and into records in relation to that person.

             (3)  A Provincial Court judge who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on the premises of a shop anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act may issue a warrant authorizing the Director of Labour Standards, or an officer or inspector named in the warrant, to enter and search those premises and to make those inquiries and copies of records that are necessary, subject to the conditions that may be specified in the warrant.

             (4)  The owner or person in charge of the premises referred to in this section and a person found in those premises shall give the person named in the warrant reasonable help to enable that person to carry out his or her duties and functions under this section and shall provide him or her with the information that that person may reasonably require.

             (5)  Where an action or proceeding is taken against the Director of Labour Standards or an officer or inspector for anything done under this Act or the regulations, a verdict or judgment shall not be given against that official where the court before which the action or proceeding is taken is satisfied that there was probable cause for the action of the official and that it was not malicious.

1977 c107 s8; 1985 c11 s63; 2004 c36 s42

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Offence and penalties

        8. (1) A person who contravenes section 5 is guilty of an offence and liable on summary conviction to a fine of 1 1/2 times the amount of the receipts for the day that the shop was open in contravention of this Act, or, where it is not possible to establish the amount of the receipts for that day, the fine shall be twice the average day's receipts for that month.

             (2)  Sections 736 and 737 of the Criminal Code do not apply in respect of an offence under this section.

1977 c107 s9; 1979 c35 s34; 1992 c35 s3

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Proof of offence

        9. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his or her knowledge or consent or that he or she exercised all due diligence to prevent its commission.

1977 c107 s10

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Regulations

      10. The Lieutenant-Governor in Council may make regulations

             (a)  prescribing the type of trade or business that constitutes an exempt shop for the purpose of paragraph 2(b);

             (b)  declaring a trade or business to be an exempt shop under this Act;

             (c)  respecting the permits that may be given under section 6; and

             (d)  generally, to give effect to the purpose of this Act.

1977 c107 s11; 1992 c35 s4