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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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1 In this Act:
"council", in relation to a regional district, means a regional board;
"electors", in relation to a regional district, means the electors in an electoral area of the regional district;
"holiday" means Sunday, New Year's Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, December 26 and a day designated for special observance within the terms of section 7;
"municipality", with respect to an area of British Columbia not in a municipality but in a regional district, means a regional district;
"retail business" means the selling or offering for sale of goods or services for consumption or use and not for resale and includes
(a) the selling or offering for sale of goods and services by hawkers and peddlers, and
(b) charging the public for admission to a place or facility for educational, recreational, cultural or amusement purposes;
"retail establishment" means any place where retail business is carried on;
"scheduled business" means a retail business included in one of the classes of retail business listed in the Schedule.
2 A person must not carry on retail business or admit the public to a retail establishment on a holiday except
(a) in respect of a scheduled business,
(b) as permitted by the bylaw of a municipality adopted in accordance with section 3, or
(c) as permitted in an order of the Lieutenant Governor in Council under section 7.
3 (1) With the assent of the electors, the council of a municipality may adopt a bylaw in respect of retail business, other than scheduled business, permitting a person
(a) to carry on a certain class of retail business,
(b) to sell or offer for sale a certain class of goods or service in a retail establishment, or
(c) to admit the public to a retail establishment,
on a holiday or during specified hours on a holiday.
(2) A bylaw under this section must relate to all holidays defined in section 1 but the provisions of the bylaw need not be the same for each holiday.
(3) A bylaw under this Act may classify retail business by type, size, location or number of persons employed.
(4) The provisions of the Local Government Act respecting the assent of electors apply to this section.
4 (1) A bylaw adopted under section 3 must not be repealed or amended until
(a) the council has held a public hearing which has been advertised in not less than 2 consecutive issues of a newspaper published in the municipality with the last of the advertisements appearing not less than 3 days or more than 10 days before the date of the hearing, and
(b) after the hearing, the council adopts the amendment by a 2/3 majority of the members of council present.
(2) The notice of hearing must
(a) identify the bylaw proposed to be amended,
(b) state in general terms the purpose of the proposed amendment,
(c) state where and when a copy of the proposed amendment may be inspected, and
(d) state the time and place of the public hearing.
(3) The council may determine the procedure for the conduct of the public hearing.
(4) The assent of the electors is not required to amend or repeal a bylaw under this section.
5 A council may, without a public hearing or notice under section 4 (2) or the assent of the electors, amend a bylaw under this Act to correct a clerical or inconsequential error or omission.
6 A bylaw under this Act is deemed to be part of this Act.
7 In respect of a day fixed by the Parliament of Canada or the Legislature or ordered by the Governor General or Lieutenant Governor to be observed
(a) as a day of general prayer or mourning,
(b) as a day of public rejoicing or thanksgiving,
(c) as a day for celebrating the birthday of the reigning sovereign, or
(d) as a public holiday,
the Lieutenant Governor in Council may make an order with respect to the carrying on of retail business or admission of the public to a retail establishment, and if the order is in conflict with or inconsistent with a bylaw under section 3 or the Schedule, the order prevails.
8 (1) If there is a conflict between or inconsistency with this Act or a bylaw or order under this Act and the Liquor Control and Licensing Act and its regulations, respecting the sale of liquor by a person licensed under that Act, the Liquor Control and Licensing Act prevails.
(2) If there is a conflict between or inconsistency with this Act or a bylaw or order under this Act and
(a) the Local Government Act or a bylaw made under that Act other than in accordance with this Act, or
(b) the Vancouver Charter or a bylaw made under that Act other than in accordance with this Act,
respecting retail business on holidays, this Act prevails.
9 A person who contravenes section 2 commits an offence and is liable to a fine of not more than $10 000.
[Statute Revision note: Act declared inoperative insofar as it regulates Sunday shopping. See R. v. Safeway Ltd. Store No. 252, [1989] 5 W.W.R. 122 (B.C.C.A.).]
A retail business that sells or offers for sale only goods or services in one of the following classes:
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1 |
foodstuffs, antiques, newspapers, periodicals, handicrafts and sundries in a total sales and display area open to the public of less than 225 m2 and employing no more than 4 persons to serve the public in the retail establishment; |
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fresh fruits and vegetables; |
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hygienic, cosmetic, pharmaceutical or therapeutic goods and sundries only during those hours when prescription drugs are dispensed to the public; |
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nursery stock, flowers and horticultural and gardening supplies; |
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5 |
rental, servicing and repair of, and the sale or offering for sale of fuel, lubricants and accessories for, motor vehicles, boats and aircraft; |
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rental of goods and equipment for sports, recreation and use about the home and garden; |
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prepared meals; |
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living accommodation; |
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self-service laundries and other coin-operated services; |
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live and cinematic productions, displays, exhibits and facilities for educational, recreational, cultural or amusement purposes and the sale or offering for sale of goods and services incidental to those purposes. |
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada