Definitions
214.(1)In this section and in any by-law passed thereunder, “closed” means not open for the serving of any customer; (“fermé”) “shop” means a building or part of a building, booth, stall or place where goods are exposed or offered for sale by retail, and barbers’ shops, beauty parlours, shoe repair shops, shoe shine shops and hat cleaning and blocking businesses, but does not include a place where the only trade or business carried on is that of a licensed hotel or tavern, victualling house or refreshment house. (“boutique”) Principal trade (2)Where two or more classes of trades are carried on in a shop and at least 70 per cent of the total gross sales of the shop is derived from one trade, such trade is the principal trade carried on in the shop, and the class of such shop shall be determined in relation to such principal trade. Gross sales (3)Where it is alleged that any person has contravened in any month any by-law passed under this section, the total gross sales of the shop for the purpose of determining the principal trade, if any, carried on therein is the total dollar volume of gross sales of goods and services made, whether for cash or credit or part cash and part credit, by any person in the whole of the shop in the preceding twelve months, and, if the shop has been in operation for less than twelve months, is the total dollar volume of gross sales of goods and services made, whether for cash or credit or part cash and part credit, by any person in the whole of the shop in the preceding month or months in which the shop was operated. Exception as to customers entering before closing hour (4)Nothing in this section or in a by-law passed under it renders unlawful the continuance in a shop after the hour appointed for the closing thereof of any customers who were in the shop immediately before that hour or the serving of such customers during their continuance therein. By-law determining hours of closing (5)The council of a city, town or village may by by-law require that during the whole or any part or parts of the year all or any class or classes of shops in the municipality shall be closed and remain closed on each or any day of the week at and during any time or hours between 6 o’clock in the afternoon of any day and 5 o’clock in the forenoon of the next following day. Closing of shops for weekly half-holiday (6)The council of a city, town or village may by by-law require that during the whole or any part or parts of the year all or any class or classes of shops in the municipality shall be closed and remain closed on one particular day of the week during any time or hours between 12.30 o’clock in the afternoon and 5 o’clock in the forenoon of the next following day. Closing of shops for weekly holiday (7)The council of a city, town or village may by by-law require that during the whole or any part or parts of the year all or any class or classes of shops in the municipality shall be closed and remain closed on one particular day of the week during the whole of such day and until 5 o’clock in the forenoon of the next following day. Closing of shops on holidays (8)The council of a city, town or village may by by-law require that all or any class or classes of shops in the municipality shall be closed and remain closed on all or any of the following days: 1. Any holiday as defined in the Interpretation Act. 2. Boxing Day. 3. Any day proclaimed by the head of the council of a local municipality as a civic holiday. Powers of township councils (9)The council of every township has, with respect to any part of the township designated in the by-law, all the rights and powers conferred by this section on the council of a city, town or village and may pass by-laws that apply only to the part of the township so designated. Commencement and publication of by-laws (10)A by-law passed under this section takes effect at a date named therein, being not less than one nor more than two weeks after its passing and shall before that date be published in such manner as to the council passing the by-law appears best fitted to ensure the publicity thereof. Closing of shops in which several trades carried on (11)A shop in which trades of two or more classes are carried on shall be closed for the purpose of all such trades during the hours and days during which the shop is by any such by-law required to be closed for the purpose of any one of such trades, unless it is shown by the occupier or other person having control of the opening and closing of such shop that, by reason of the principal trade being carried on in such shop, the shop is one of a class of shops that by the by-law is not required to be closed. Exception as to sales by druggists (12)A pharmaceutical chemist or druggist is not, nor is an occupier of or person employed in or about a shop in a village or township, liable to any penalty under any such by-law for supplying medicines, drugs or medical appliances after the hour appointed by the by-law for the closing of shops, but nothing in this subsection authorizes a person to keep open shop after that hour. Supplying articles to lodgers, etc. (13)Nothing in any such by-law renders the occupier of a premises liable to any penalty for supplying an article to a person lodging in such premises, or for supplying an article required for immediate use by reason of an emergency arising from sickness, ailment or death, or for supplying or selling an article to a person for use on or in or about or with respect to a steamboat or sailing vessel that at the time of such supplying or selling is either in or in the immediate neighbourhood of the municipality in which the premises are situate, or for use by or with respect to a person employed or engaged on or being a passenger on or by any such steamboat or sailing vessel, but nothing in this subsection authorizes a person to keep open shop after the hour appointed by such by-law for the closing of shops. By-laws containing different provisions for different localities (14)A by-law passed by the council of a township for the closing of all or any class or classes of shops may, as to any or all of its terms and provisions, differ from any other by-law passed by the same council for the closing of all or any class or classes of shops in any other designated part of the same township. Agent or employee liable to penalty (15)Where an offence for which the occupier of a shop is liable under any such by-law to a penalty has in fact been committed by some agent or employee of the occupier, such agent or employee is liable to the same penalty as if that person were the occupier. Exemption of occupier on conviction of actual offender (16)An occupier of a shop who is charged with an offence against any such by-law is entitled, upon information duly laid to have any other person whom the occupier alleges to be the actual offender brought before a provincial judge at the time appointed for hearing the charge, and, if, after the commission of the offence has been proved, the occupier proves to the satisfaction of the provincial judge that due diligence was used to enforce the execution of the by-law and that such other person committed the offence without the occupier’s knowledge, consent or connivance, such other person may be convicted of such offence and is liable to the same penalty or punishment as if that person were the occupier, and the occupier is exempt from any penalty. Repeal of by-law (17)A council may amend or repeal any by-law passed under any predecessor of this section, whether or not the by-law was required to be passed upon the application of any number of occupiers of shops in the municipality. When daylight saving time in effect (18)A by-law passed by the council of a municipality under this section may provide that, so long as the time commonly observed in the municipality is one hour in advance of standard time, the times mentioned in this section and in the by-law shall be reckoned in accordance with the time so commonly observed and not standard time. Form of by-law (19)Any by-law passed under this section may require all classes of shops to close during certain hours or days, or both, and may exempt therefrom any class or classes of shops. Fines (20)Despite section 320, a by-law passed under this section may provide that a person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not more than the greater of, (a) $50,000; or (b) the gross sales of the shop during the period the shop was open in contravention of the by-law. R.S.O. 1990, c. M.45, s. 214.