Remembrance Day (By-law No. 2008-355)

A by-law of the City of Ottawa to provide for the closing of certain classes of retail business establishments for certain hours on Remembrance Day and to repeal By-law No. 2002-421.

In recognition of the significance of Remembrance Day in honouring Canadian Veterans, and those currently serving in the Canadian Armed Forces, the City of Ottawa’s Remembrance Day By-law (By-law No. 2008-355), requires most retail businesses to remain closed until 12:30 pm on November 11^th each year. This by-law deals only with fixed, enclosed premises.

The Council of the City of Ottawa enacts as follows:

The exceptions to the closure requirements are:

• Food/grocery, tobacco, antique and handicraft stores with less than 2,400 square feet in total area used for serving/selling to the public
• Pharmacies with less than 7,500 square feet in total area used for serving/selling to the public. Therefore, pharmacies located inside larger stores must be closed until 12:30 pm
• Book/newspaper dealers which store is less than 2,400 square feet in total area used for serving/selling to the public
• Convenience stores (e.g. “corner” stores)
• Nurseries, gardening supply stores and florists
• Gasoline/fuel stations and businesses selling propane, diesel, natural gas and associated fuel products
• Businesses dealing in the rental of motor vehicles and boats
• Businesses dealing in the repair of motor vehicles and boats, which includes the portion of larger stores where vehicle repairs are being provided

Note also that:

• The by-law deals only with fixed, enclosed premises
• The closure requirement under the by-law does not apply to:
  • hotels and motels
  • restaurants (take-out, fast food, sit-down)
  • recreational facilities and fitness centres
  • doctors’, dentists’, optometrists’ offices
  • medical centres
  • funeral homes
  • hair salons and spas
  • pet groomers
  • vehicle repair shops
  • repair services for computers, furnaces, air conditioners, pools
  • pay-day loan services
  • realtors
  • dry cleaners
  • vendors at outdoor markets (i.e. ByWard, Parkdale)
• The closure requirement under the by-law does apply to:
  • tourist areas exempted by by-law from the Retail Business Holidays Act (which regulates retail store opening on Statutory Holidays) including the ByWard Market BIA, the Downtown Rideau BIA, the Glebe BIA, the Rideau Centre, Sparks Street Mall and the Loblaws Supermarket at 363 Rideau Street, unless any businesses within those areas fall under an exemption under the Remembrance Day By-law as noted above
    • in other words, their “tourist area exemption” cannot be used on November 11th. Many of their businesses will have to be closed until 12:30 pm, unless they fall under an exemption in the by-law (e.g. news stand) or the by-law does not apply to them in general (e.g. restaurants)
  • Street vendors on:
    • Rideau Street or Wellington Street between Sussex Drive and Metcalfe Street
    • Elgin Street between Wellington Street and Queen Street
  • travel agents
  • eyeglass retailers (i.e. the portion of the space in which eyeglasses are sold)
• In the case of car dealerships that also operate repair shops, the retail sales portion of the dealership must be closed to the public. Where the repair portion does not have a separate entrance, clients should be notified that the retail portion is closed (e.g. via signage).

Note that retail businesses which are required to close under the by-law and are normally open 24 hours, are required to be closed from 8:00 am until 12:30 pm on November 11th.

“foodstuffs” means fruit, vegetables, dairy products, meat, baked goods, and other food items;

“handicrafts” means handmade goods produced or created from raw or basic materials which are changed into a significantly different shape, design, form or function using a special skill or manual art;

“person” means a natural person, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context may apply;

“retail business” means the selling or offering for sale of goods or services by retail;

“retail business establishment” means the premises where goods or services are sold or offered for sale by retail.

No person carrying on a retail business in a retail business establishment shall be open for business to members of the public until 12:30 o’clock in the afternoon on Remembrance Day.

Section 2 shall not apply in respect of the carrying on of a retail business on Remembrance Day where, prior to 12:30 o’clock on that day:

1.  
   1. The only goods available for sale by retail in the retail business establishment are,
      1. foodstuffs,
      2. tobacco or articles required for the use of tobacco,
      3. antiques, or
      4. handicrafts, or any combination of them, or where the principal business is the sale of one or several of the goods referred to in paragraphs (i) to (iv) by retail and no other goods are available for sale except as sundries; and
   2. The number of persons engaged in the service of the public in the establishment does not at any time exceed three; and
   3. 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.
2. in respect of a pharmacy accredited under the Drug and Pharmacies Regulation Act:
   1. the dispensing of drugs upon prescription is available to the public during business hours; and
   2. 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
   3. 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.
3. the only goods available for sale by retail in the establishment are:
   1. gasoline and motor oil and, in conjunction therewith, other goods for consumption in the operation of a motor vehicle; or
   2. propane, diesel, natural gas and associated fuel products; or
   3. nursery stock or flowers, and in conjunction therewith, accessory gardening supplies, or;
   4. 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.

The Director of By-law and Regulatory Services is responsible for the administration of this by-law, including the enforcement thereof.

Section 5

1. Every person who contravenes any of the provisions of this by-law is guilty of an offence.
2. A person who is convicted of an offence under this by-law, and every director or officer of a corporation who knowingly concurs in the contravention of the by-law by a corporation, is liable to a fine of not less than $150 and not more than $100,000 as provided for in the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
3. A corporation that is convicted of an offence under this by-law is liable to a fine of not less than $500 and not more than the greater of $100,000, as provided for in the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
4. In addition to the penalty provided in subsection (3), a corporation that is convicted of an offence under this by-law is liable to a fine equal to the amount of its gross sales in the retail establishment on the day in which the contravention occurred, as provided for in the Municipal Act, 2001, S.O. 2001, c. 25, as amended.

Section 6

When a person has been convicted of an offence under this by-law,

1. the Ontario Court of Justice, or
2. any court of competent jurisdiction thereafter,
   may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

1. In this by-law,
   1. words importing the singular number only, include more persons, parties or things of the same kind than one (1) and the converse; and
   2. a word interpreted in the singular number has a corresponding meaning when used in the plural.
2. If a court of competent jurisdiction declares any provision or part of a provision of this bylaw to be invalid or of no force and effect, it is the intention of the Council in enacting this by-law, that each and every provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law.

By-law No. 2002-421 of the City of Ottawa entitled “A by-law of the City of Ottawa to provide for the closing of certain classes of retail business establishments for certain hours on Remembrance Day” is repealed.

This by-law may be referred to as the “Remembrance Day By-law”.

ENACTED AND PASSED this 10th day of September, 2008.

Phone:

• 3-1-1
• 613-580-2400
• 1-866-261-9799
• 613-580-2401 (TTY)

In Person: 

Visit one of the Client Service Centres.