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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER S-15

AN ACT TO PROVIDE FOR THE CLOSING OF SHOPS ON HOLIDAYS

Analysis

1. Short title

2. Definitions

3. Application of Act

4. Holidays

5. Closing of shops

6. Special permit to open

7. Powers of entry, interview and inspection

8. Offence and penalties

9. Proof of offence

10. Regulations


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 drug store, motor vehicle service station, retail confectionery store, retail fruit store, restaurant, food take-out or snack bar, home-heating fuel distributor, news stand, retail gift shop, souvenir shop, neighbourhood convenience store and those other trades or businesses that the Lieutenant-Governor in Council declares to be an exempt shop under this Act;

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

(d) "minister" means the Minister of Employment and Labour Relations;

(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 the Municipalities 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

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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) Sundays,

(ii) New Year's Day,

(iii) Good Friday,

(iv) the Queen's Birthday,

(v) Armistice or Remembrance Day (11 November),

(vi) Christmas Day, and

(vii) Boxing Day;

(b) in all areas of the province, a Monday proclaimed by the Lieutenant-Governor in Council for the observance of

(i) St. Patrick's Day (17 March),

(ii) St. George's Day (23 April),

(iii) Discovery Day (24 June),

(iv) Memorial Day (1 July),

(v) Orangemen's Day (12 July),

(vi) Labour Day, and

(vii) Thanksgiving Day;

(c) 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;

(d) 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;

(e) 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

(f) 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) Notwithstanding paragraph (1)(b), the Lieutenant-Governor in Council may proclaim a day other than Monday for the observance of a holiday designated in that paragraph.

(3) Until the Parliament of Canada replaces Victoria Day by a day to be known as the "Queen's Birthday", the Queen's Birthday shall be celebrated in this province on the 1st Monday immediately preceding May 25 and afterward it shall be celebrated on the day prescribed by the Parliament of Canada for the celebration of the Queen's Birthday throughout Canada.

1977 c107 s5; 1984 c9 s1

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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) Where a permit under subsection (1) is given for a Sunday, the date of the Sunday for which the permit is given shall be set out on the permit.

1977 c107 s7; 1979 c38 s7

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Powers of entry, interview and inspection

7. (1) The Director of Labour Standards under the Labour 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 or justice of the peace 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

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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

(a) for a 1st offence, to a fine of not less than $25 or more than $500;

(b) for a 2nd offence, to a fine of not less than $100 or more than $1,000; or

(c) for a 3rd or subsequent offence, to a fine of not less than $500 or more than $2,000 or to imprisonment for 6 months or to both a fine and imprisonment.

(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

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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 a drug store, motor vehicle service station, retail confectionery store, retail fruit store, restaurant, food take-out, snack bar, home-heating fuel distributor, news stand, retail gift shop, souvenir shop and neighbourhood convenience store, for the purposes 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

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