1st Session, 60th General Assembly
55 Elizabeth II, 2006
First Reading: October 30, 2006
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Retail Business Holiday Closing Act.
2 In this Act,
(a) "performance" includes any game, match, sport, contest, exhibition, entertainment, dance, program, theatrical presentation or motion picture presentation;
(b) "retail business" means the selling or offering for sale of goods or services by retail;
(c) "statutory holiday" means
(ii) Christmas Day,
(iii) Good Friday,
(iv) Labour Day,
(v) New Year's Day.
3 (1) Subject to subsections (2) and (3), no person shall, on a statutory holiday,
(a) sell, offer for sale or purchase any goods or services by retail; or
(b) admit the public into any premises where a retail business is carried on.
(2) Subsection (1) does not apply to
(a) the operation of a drug store, except the operation of a drug store
(ii) in a retail business that includes a retail sales area that is
(B) open to the public, and
(C) dedicated to food items, or
(c) the sale of maple sugar products;
(d) the sale of Christmas trees;
(e) a retail gas station;
(f) the operation of a restaurant;
(g) the provision of accommodation, camping, food, beverage, recreation, related services and facilities and tourist information;
(h) the operation of a private club, fraternal organization or veterans organization, but not including a private club established or operated for the purpose of selling or offering for sale or purchasing goods or services by retail;
(i) a public game or contest for gain, prize or reward;
(j) a performance or public meeting for which a fee is charged directly or indirectly for
(ii) the use of a place where the performance or meeting is held, or
(iii) any service provided at the performance or meeting, but not including the operation of a public dance hall;
(k) the hiring of motor vehicles or small boats for personal use;
(l) the operation of any excursion on which passengers are conveyed for hire for amusement or pleasure;
(m) the conveying of goods or travellers on railways, buses or other public transportation;
(n) the operation of a ferry or boat authorized by competent authority to carry passengers;
(o) the receiving, transmitting or delivering telegraph or telephone messages;
(p) the publication of a newspaper, including all work necessary for or incidental to the preparation, printing and distribution of the newspaper; or
(q) the provision of goods or services on an emergency basis.
(3) Subsection (1) does not apply to a retail business in any of the following categories:
(a) a store
(ii) that at no time operates a retail sales area greater than 4,000 square feet;
(b) a confectionery;
(c) a store whose principal business is selling handcrafts, souvenirs and similar articles to tourists or travellers;
(d) a canteen;
(e) a fruit or vegetable stand whose principal business is selling local produce;
(f) a flea market or rummage sale;
(g) a fish store;
(h) a laundromat;
(i) a billiard hall or pool room;
(j) the rental of video cassettes, video discs or similar media and devices;
(k) a prefabricated-home or modular-home sales office;
(l) a store whose principal business is the sale of nursery stock or the provision of gardening supplies;
(m) a store whose principal business is the sale of books, newspapers and magazines;
(n) an antique store;
(o) an art gallery;
(p) a used clothing store.
(4) In subsection (5), "related persons" has the same meaning as in paragraph 251(2)(b) of the Income Tax Act (Canada).
(5) For the purpose of clause (3)(a), two or more stores that are owned, occupied or operated by related persons are deemed to be one store if they are
(a) in the same building; or
(b) adjacent or in close proximity to each other.
4 (1) Every person who contravenes any provision of this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding one thousand dollars.
(2) Every person who authorizes, counsels, requires, directs or knowingly permits anything to be done in contravention of any provision of this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding fifteen thousand dollars.
5 (1) Upon application by the Attorney General to the Supreme Court of Nova Scotia, the Court may make any order that is necessary to ensure compliance with this Act by any party named in the application.
(2) An order made pursuant to subsection (1) is in addition to any penalty otherwise imposed under this Act.