Retail Business Holidays Act
The Retail Business Holidays Act (the "Act") requires businesses to be closed on statutory holidays unless they are exempted. The Act sets out statutory exemptions for certain classes of business and also provides that Council may pass a by-law permitting businesses to remain open for the maintenance or development of tourism. Before passing such a by-law, Council must hold a public meeting to consider an application for exemption.
The Retail Business Holidays Act statutory holidays include:
- New Year’s Day,
- Good Friday,
- Victoria Day,
- Canada Day,
- Labour Day,
- Thanksgiving Day,
- Christmas Day,
- Easter Sunday, and
- Any other public holiday declared by proclamation of the Lieutenant Governor to be a holiday for the purposes of this act. (Family Day is included in this provision).
A copy of the Retail Business Holidays Act can be viewed here.
Exemptions for “essential business services” are granted through by-law enacted by City Council through “the Act” in order to assist in supporting the tourism industry, provided that certain criteria approved by Provincial Regulation 711/91, are satisfied.
A copy of the Regulation 711/91 can be viewed here.
City Council has allowed exemptions for the following holidays:
- Victoria Day
- Canada Day
- Labour Day
- Any other public holiday declared by proclamation of the Lieutenant Governor to be a holiday for the purposes of this act. (Family Day included in this provision).
Applicants filing for an exemption for any identified holidays under “the Act” will also be able to open for business on “the Civic Holiday” in August as prescribed by City of Windsor By-law 7402, which allows businesses which have “tourism exemptions” to remain open on the Civic Holiday.
According to "the Act", when considering an exemption, Council shall take into account the following:
- The principle that holidays should be maintained as common pause days.
- That a by-law may be passed only if there is compliance with the tourism criteria set out in the regulations.
- That Council is not required to pass the by-law even if the tourism criteria are met.
Forms and Resources
Canada Day Closings for Retail Business
Since July 1 falls on a Sunday this year, the Federal Holidays Act requires that Canada Day will be observed the following day. Therefore, this year Canada Day will be Monday, July 2, and under the Retail Business Holidays Act, retail businesses will be required to close on Monday, July 2, 2012, but can remain open on Sunday, July 1, 2012.
Any retail business, which currently has an exemption from City Council under the Retail Business Holidays Act, for Canada Day, can open on Monday, July 2, 2012 (holiday hours 9:00 a.m. to 6:00 p.m.).
For general information, call 311. For detailed inquiries, please contact:
The Office of the City Clerk
350 City Hall Square West