Tourism exemption
4 (1) Despite section 2, the council of a municipality may by by-law permit retail business establishments in the municipality to be open on holidays for the maintenance or development of tourism.  1991, c. 43, s. 1 (1). Common pause day principle (2) The council in passing a by-law under subsection (1) shall take into account the principle that holidays should be maintained as common pause days.  1991, c. 43, s. 1 (1). Tourism criteria (3) A by-law may be passed under subsection (1) only if there is compliance with the tourism criteria set out in the regulations made under this section.  1991, c. 43, s. 1 (1). Application for by-law (4) Subject to the regulations made under this section, the council shall consider a by-law under subsection (1) only on the application of one or more persons carrying on retail business in the municipality or on the application of an association, whether or not incorporated, representing persons carrying on retail business in the municipality.  1991, c. 43, s. 1 (1). Local municipality (5) In a regional municipality, the council of a local municipality may also apply for a by-law under subsection (1).  2002, c. 17, Sched. F, Table. Public meeting (6) Before passing a by-law under subsection (1), the council, (a)  shall hold a public meeting in respect of the proposed by-law; (b)  shall publish notice of the public meeting in a manner determined by the council; (c)  shall permit any person who attends the public meeting the opportunity to make representations in respect of the proposed by-law.  1991, c. 43, s. 1 (1); 2006, c. 32, Sched. D, s. 15 (2). Council not obligated (7) The council is not required to pass the by-law even if the tourism criteria are met.  1991, c. 43, s. 1 (1). Commencement of by-law (8) Subject to section 4.3, a by-law under this section comes into force on the thirty-first day after it is passed by the council.  1991, c. 43, s. 1 (1). Procedures (9) Subject to the regulations made under this section, the council may, (a)  establish procedures and fees for the processing of applications; (b)  combine two or more applications; (c)  hold one public meeting with respect to two or more applications; (d)  limit the number of applications that will be considered in any year.  1991, c. 43, s. 1 (1). Regulations (10) The Lieutenant Governor in Council may make regulations, (a)  prescribing tourism criteria for the purposes of this section; (b)  governing the procedures and fees for processing applications, the combining of applications and public meetings and limitations on the number of public meetings held by a council; (c)  setting out the contents of the application; (d)  requiring that a by-law that applies to a retail business establishment within such class of retail business establishments as may be set out in the regulation may be considered only on the application of the person carrying on the business.  1991, c. 43, s. 1 (1). Idem (11) A regulation under clause (10) (a) or (d) may classify retail business establishments and may prescribe different tourism criteria for the different classes of retail business establishments.  1991, c. 43, s. 1 (1). Section Amendments with date in force (d/m/y) 1991, c. 43, s. 1 (1) - 01/12/1991 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. D, s. 15 (2) - 31/12/2016