THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 24-2013
 

A by-law to permit Garden Foods - Bolton Ltd. to be open on holidays for the maintenance or development of tourism, under the Retail Business Holidays Act.


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, Garden Foods – Bolton Ltd. has applied to The Regional Municipality of Peel for a partial, site specific exemption to the Act for the maintenance or development of tourism for its retail grocery business establishment located at 501 Queen Street South, Bolton and more particularly described in Schedule “A”;

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 determined that the Garden Foods – Bolton Ltd. application complies with the tourism criteria;

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 28th day of February, 2013 resolved to approve the application of Garden Foods – Bolton Ltd. and to grant a partial 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. The retail business establishment operated by Garden Foods – Bolton Ltd. situated at 501 Queen Street South, Bolton, shall be exempt from the provisions of the Act to the limited extent that it shall be permitted to sell and/or offer for sale any goods or services associated with a retail grocery store, between the hours of 8:00 am and 6:00 pm on the following holidays only:

    a. Good Friday;
    b. Victoria Day;
    c. Canada Day;
    d. Labour Day; and
    e. Thanksgiving Day.

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

  4. That 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 28th day of February, 2013.

K. Lockyer
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair


Schedules "A" and "B" to By-law 24-2013 (pdf)