Exemptions: small stores
3 (1) Section 2 does not apply in respect of the carrying on of a retail business on a holiday where, on that day, (a)  the only goods available for sale by retail in the retail business establishment are, (i)  foodstuffs, (ii)  tobacco or articles required for the use of tobacco, (iii)  antiques, or (iv)  handicrafts, or any combination of them, or where the principal business is the sale of goods referred to in subclauses (i) to (iv), or any of them, by retail and no other goods are available for sale except as sundries; and (b)  the number of persons engaged in the service of the public in the establishment does not at any time exceed three; and (c)  the total area used for serving the public or for selling or displaying to the public in the establishment is less than 2,400 square feet.  R.S.O. 1990, c. R.30, s. 3 (1). Idem, pharmacies (2) Section 2 does not apply in respect of the carrying on of a retail business on a holiday in a pharmacy accredited under the
Drug and Pharmacies Regulation Act, where, on that day, (a)  the dispensing of drugs upon prescription is available to the public during business hours; and (b)  the principal business of the pharmacy is the sale of goods of a pharmaceutical or therapeutic nature or for hygienic or cosmetic purposes and no other goods are available for sale except as sundries; and (c)  the total area used for serving the public or for selling or displaying to the public in the establishment is less than 7,500 square feet.  R.S.O. 1990, c. R.30, s. 3 (2); 1998, c. 18, Sched. G, s. 72. Idem, special services (3) Section 2 does not apply in respect of the carrying on of a retail business in a retail business establishment on a holiday where, on that day, the only goods available for sale by retail in the establishment are, (a)  gasoline and motor oil and, in conjunction therewith, other goods for consumption in the operation of a motor vehicle; or (b)  nursery stock or flowers, and in conjunction therewith, accessory gardening supplies; or (c)  fresh fruit or vegetables in respect of holidays falling between the 1st day of April and the 30th day of November of the same year; or (d)  books, newspapers or periodicals provided that no other goods are available for sale except as sundries, the number of persons engaged in the service of the public in the establishment does not at any time exceed three and the total area used for serving the public or for selling or displaying to the public in the establishment is less than 2,400 square feet.  R.S.O. 1990, c. R.30, s. 3 (3). Idem, art galleries (4) Section 2 does not apply in respect of the carrying on of the retail business of an art gallery on a holiday, where on that day the number of persons engaged in the service of the public in the art gallery does not at any time exceed three and the total area used for serving the public or for selling or displaying to the public in the art gallery is less than 2,400 square feet.  R.S.O. 1990, c. R.30, s. 3 (4). Exemptions, liquor (5) Section 2 does not apply in respect of the sale or offering for sale of liquor, other than liquor sold at a retail store as defined in the Liquor Licence and Control Act, 2019. 2020, c. 36, Sched. 26, s. 14. Exemption, tourist establishments (5.1) Section 2 does not apply in respect of the sale or offering for sale of retail goods or services from tourist establishments. 
2009, c. 33, Sched. 24, s. 5. Definition (5.2) In subsection (5.1), “tourist establishment” means any premise operated to provide sleeping accommodation for the travelling public or sleeping accommodation for the use of the public engaging in recreational activities, and includes the services and facilities in connection with which sleeping accommodation is provided, but does not include, (a)  a camp operated by a charitable corporation approved under the Charitable Institutions Act, or (b)  a summer camp within the meaning of the regulations made under the Health Protection and Promotion Act, or (c)  a club owned by its members and operated without profit or gain.  2009, c. 33, Sched. 24, s. 5. Exemptions, education, recreation, amusement (6) Section 2 does not apply in respect of the admission of the public to premises for educational, recreational or amusement purposes or in respect of the sale or offering for sale of goods or services incidental thereto.  R.S.O. 1990, c. R.30, s. 3 (6). Idem, necessary services (7) Section 2 does not apply in respect of services sold in connection with the sale or offering for sale by retail of any goods permitted by this Act to be sold, and does not apply in respect of goods or services sold or offered for sale by retail in the form of or in connection with, (a)  prepared meals; (b)  living accommodation; (c)  laundromats and other coin-operated services; (d)  rentals of vehicles or boats; (e)  servicing and repair of vehicles or boats.  R.S.O. 1990, c. R.30, s. 3 (7). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 72 - 01/02/1999 2009, c. 33, Sched. 24, s. 5 - 15/12/2009 2019, c. 15, Sched. 22, s. 102 - no effect - see 2020, c. 36, Sched. 26, s. 13 - 08/12/2020 2020, c. 36, Sched. 26, s. 14 - 29/11/2021