Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Path: utzoo!lsuc!dave
From: dave@lsuc.UUCP
Newsgroups: ont.general,can.general
Subject: Re: Sunday openings
Message-ID: <1418@lsuc.UUCP>
Date: Thu, 4-Dec-86 08:16:46 EST
Article-I.D.: lsuc.1418
Posted: Thu Dec  4 08:16:46 1986
Date-Received: Thu, 4-Dec-86 09:26:48 EST
References: <2023@dciem.UUCP>
Reply-To: dave@lsuc.UUCP (David Sherman)
Distribution: can
Organization: Law Society of Upper Canada, Toronto
Lines: 44
Summary: The legislation DOES specify "Sunday"
Xref: lsuc ont.general:146 can.general:298

In article <2023@dciem.UUCP> tim@dciem.UUCP (Tim Pointing) writes:
>Lots of people seem to be mis-informed about the "Sunday Closing" law. The
>law does not require stores to close on Sunday. I believe that the law states
>that stores which are covered by the law must have been closed for a 24 hour
>period in the last 7 days in order to remain open legally.

Sorry, Tim, that is not the case. If it were the case, I would
have much less objection.

The Retail Business Holidays Act, R.S.O. 1980 c. 453,
s. 1(1)(a):  In this Act, "holiday" means
	     ... (ix) Sunday ...

s.2(1): Every person carrying on a retail business in a 
	retail business establishment shall ensure that
	no member of the public is admitted thereto and
	no goods or services are sold or offered for sale
	therein by retail on a holiday.


There is an exception (s.3(4)) for Sundays where the store was closed
"during a period of 24 consecutive hours in the period of 32
hours immediately preceding the Sunday", AND the number of persons
serving the public doesn't exceed 7, AND the total area used for
serving the public on Sunday is less than 5,000 square feet.

This exception effectively allows Jewish stores which are closed
from Friday sundown until after the Sabbath to be open on Sunday,
but only if they're small.

(The size limitation has effectively been struck down for establishments
closed on Saturday for religious reasons; the Ontario Court of
Appeal overturned the conviction of Nortown Meats, a Jewish (although
not kosher) butcher/food store in Toronto, on the basis of the
Charter of Rights. However, the convictions of stores which stay open
on Sunday but are not closed on Saturday for religious reasons,
such as Paul Magder Furs, were upheld by the same court.
All of this is now on appeal to the Supreme Court of Canada.)

David Sherman
The Law Society of Upper Canada
Toronto
-- 
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