Statutes of Newfoundland 1992 Chapter 35

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Statutes of Newfoundland 1992

CHAPTER 35 CHAPTER 35

AN ACT TO AMEND THE SHOPS' CLOSING ACT
(Assented to December 23, 1992)

Analysis

1. S.2 Amdt.
Definitions

2. S.4 R&S
Holidays

3. S.8 Amdt.
Offence and penalties

4. S.10 Amdt.
Regulations

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSN 1990 cS-15 as amended

1. Paragraph 2(b) of the Shops' Closing Act is repealed and the following substituted:

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

2. (1) Section 4 of the Act is repealed and the following substituted:

Holidays

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

(a) in all areas of the province,

(i) Sundays,

(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) When July 1 is a Sunday, Memorial Day or Canada Day shall be celebrated in the province on July 2.

(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) Discovery Day, 1997 shall be a public holiday and shall be celebrated on the day that is proclaimed by the Lieutenant-Governor in Council for the observation of that day.

(2) This section shall come into force on December 31, 1992.
3. (1) Subsection 8(1) of the Act is repealed and the following substituted:

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) This section shall come into force on December 31, 1992.
4. Paragraph 10(a) of the Act is repealed and the following substituted:

(a) prescribing the type of trade or business that constitutes an exempt shop for the purpose of paragraph 2(b);
©Earl G. Tucker, Queen's Printer