WHEREAS, section 2 of the Ontario Retail Business Holidays Act (the “Act”) provides that no person carrying on a retail business in a retail business establishment shall sell or offer for sale any goods or services therein by retail on a holiday;


AND WHEREAS, section 4 of the Act provides that despite section 2, the council of a regional municipality may by by-law permit retail business establishments in the municipality to be open on holidays for the maintenance or development of tourism provided that certain tourism criteria prescribed by Ontario Regulation 711/91 are complied with;


AND WHEREAS, an application has been made by Morguard Corporation on behalf of persons carrying on retail business in the municipality for an exemption to the Act for the maintenance or development of tourism;


AND WHEREAS, the Council of The Regional Municipality of Peel has taken into account the principle that holidays should be maintained as common pause days;


AND WHEREAS, the Council of The Regional Municipality of Peel has applied the tourism criteria to this application and has deemed that there is compliance with the tourism criteria for the retail businesses located in the area sought for exemption;


AND WHEREAS, Council of The Regional Municipality of Peel held a public meeting following at least thirty days of published notice in respect of this proposed by-law and at that public meeting all persons who attended were permitted an opportunity to make representations in respect of the proposed by-law;


AND WHEREAS, the Council of The Regional Municipality of Peel has by resolution adopted on this 8th day of September, 2011, resolved to allow the application and to grant an exemption to the Act;


NOW THEREFORE the Council of the Regional Corporation enacts as follows:

1. Definitions:

a. “holiday” means that as defined in the Act;
b. “municipality” means The Regional Municipality of Peel;
c. “retail business” means that as defined in the Act;
d. “retail business establishment” means that as defined in the Act.

2. Any retail business in a retail business establishment located within the geographic boundaries delineated in Schedules “A” and “B” shall be permitted to sell and/or offer for sale any goods or services therein by retail on a holiday between the hours of 11:00 a.m. and 6:00 p.m. on the following holidays only:

a. New Year’s Day;
b. Victoria Day;
c. Canada Day;
d. Labour Day; and
e. Thanksgiving Day.

3. Schedules "A" and “B” attached hereto form part of this By-law.

4. This by-law shall come into force and take effect, subject to any appeal under section 4.3 of the Act, on the thirty-first day following its passing.

READ THREE TIMES AND PASSED IN OPEN COUNCIL this 8^th day of September, 2011.

Schedules"A" and "B" to By-law 97-2011 (pdf)

Ontario Municipal Board Hearing - See Report