Tantramar council has repealed a bylaw that allowed retail stores in Sackville to open on Sundays.
In a 7 to 2 vote on Tuesday night, council approved the complete repeal of bylaw 197 and 197A, A By-Law Relating to the Operation of Retail Business in the Town of Sackville. The decision was made after council rejected a request from Councillor Michael Tower to postpone the move, pending consultations with local businesses.
Ending Sunday shopping was not the stated intent of the repeal of the bylaw. Assistant clerk Becky Goodwin told councillors that the clerk’s office, “felt it was important to repeal the bylaw” because it “would allow retail business to choose their hours on the day of rest.”
But according to the province’s website, New Brunswick’s Days of Rest Act doesn’t allow retail businesses to open on Sundays unless a municipal bylaw specifically allows it. The Act does list a number of exemptions to the law, including small retailers of food, candy and/or tobacco products, garden centres and nurseries, and liquor stores.
The province’s Frequently Asked Questions about its Days of Rest Act reads, in part:
How does the Days of Rest Act impact retail businesses in New Brunswick?
Retail businesses must be closed on the eleven prescribed days of rest and if the municipality does not have a Sunday Shopping By-law, the weekly day of rest (Sunday) as well.
Which retail businesses are exempt from the Days of Rest Act?
There are certain types of retail businesses that are exempted from this rule and they may be open Sunday. View the Exemptions list or consult Section 4(3) of the Days of Rest Act and 3(1) of Regulation 85-149.
Can a municipality allow retail businesses to be open on the weekly day of rest – Sunday?
Municipalities can put in place a by-law which allows the operation of retail businesses on Sunday, as well as regulate the hours of operation.
Can a retail business operate on Sunday if there is no “Sunday Shopping” municipal by-law in place?
No. Retail businesses would only be allowed to operate during the provincial Sunday shopping period, which runs from the Sunday immediately preceding New Brunswick Day to the second Sunday after Christmas.
Other municipalities making a change have replaced their retail hours bylaw, instead of repealing it altogether. In February, the council for the town of Woodstock passed third reading of a new bylaw allowing for Sunday shopping at any time, and repealing previous bylaws that allowed for Sunday shopping only during restricted hours. Before they considered the change, the town surveyed residents to find out how they felt about lifting restrictions on Sunday retail hours.
Sackville’s by-law was put in place in 2005 to allow retail businesses the freedom to open on Sundays, but it did limit the hours a business could open, from noon to 6pm. Those hours were expanded in an amendment two years later, allowing retailers to open on Sundays from 10am to 6pm.
The Retail Council of Canada has a longstanding campaign to eliminate restrictions on retail opening hours on Sundays. Goodwin told council in April that a request from the advocacy group is what kickstarted the clerk’s office recommendation to repeal the bylaw.
Its not yet clear which Sackville businesses might be affected by the repeal of the bylaw, and if or how the province’s Days of Rest Act will be enforced. CHMA has reached out to the Department of Local Government for more information, and to the town of Tantramar for details on any plans to rectify the situation.
