CHAPTER D-4.2

Days of Rest Act

Assented to June 27, 1985



Chapter Outline

Definitions 1

Board -- commission

drug store -- pharmacie

licensed pharmacist -- pharmacien titulaire de permis

Minister -- Ministre

municipality -- municipalit�

national park -- parc national

prescribed day of rest -- jour de repos prescrit

provincial park -- parc provincial

retail business -- commerce au d�tail

weekly day of rest -- jour de repos hebdomadaire

Need for days of rest 2

Minister responsible for administration of Act 3

Activities permitted and prohibited under Act 4

Repealed 5

Designation of board 6

Exemptions from application of Act 7, 7.1, 7.2

Non-application of provision of lease or agreement 7.11

Offences and penalties 8, 9

Injunctions 10

Regulations 11

Repeal 12

Commencement 13

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 In this Act

"Board" means the Board designated by the Lieutenant-Governor in Council under section 6;

"drug store" means a shop, store or place of business operated for the purpose of compounding and dispensing prescriptions and selling by retail drugs and medicines but does not include a dispensary supervised by a licensed pharmacist in a hospital or an extended care facility;

"licensed pharmacist" means a person who is registered as a pharmacist with the New Brunswick Pharmaceutical Society and who holds a valid licence issued under section 31 of the Pharmacy Act;

"Minister" means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant-Governor in Council and includes a person designated by him under section 3 to act on his behalf;

"municipality" means any incorporated city, town or village;

"national park" means a national park established and maintained under the National Parks Act, chapter N-13 of the Revised Statutes of Canada, 1970;

"prescribed day of rest" means

(a) New Year's Day,

(b) Good Friday,

(c) Victoria Day,

(d) Canada Day,

(e) New Brunswick Day,

(f) Labour Day,

(g) Thanksgiving Day,

(h) Remembrance Day,

(i) Christmas Day,

(j) Boxing Day, and

(k) any day appointed by any Statute in force in the Province or by Proclamation of the Governor General or Lieutenant-Governor as a general holiday within the Province;

"provincial park" means a provincial park as defined under the Parks Act;

"retail business" means the renting or offering for rent, selling or offering for sale any goods, chattels or services by retail;

"weekly day of rest" means Sunday.

1988, c.57, s.1.

2 It is hereby recognized and declared that

(a) it is necessary to provide for days of rest from work, and

(b) it is desirable to provide, as much as is practicable, that such days of rest be uniform.

3 The Minister shall administer and enforce this Act and may designate persons to act on his behalf.

4(1) Subject to subsection (3), no person shall, on the weekly day of rest,

(a) rent or offer for rent, sell or offer for sale or purchase any service, goods, chattels or any real estate,

(b) carry on or transact for gain any business of his ordinary calling or in connection with such calling, or

(c) do any work, business or labour for gain or employ or engage any other person to do so.

4(2) Subject to subsection (3), no person shall, on a prescribed day of rest,

(a) carry on retail business, or

(b) admit the public to any premises where a retail business is carried on.

4(3) Any person may, on the weekly day of rest or on a prescribed day of rest, engage in an activity that is prohibited under subsection (1) or (2) in respect of the following:

(a) sporting, recreational, entertainment or amusement activities including the operation of cinemas, theatres and exhibitions of an educational, artistic or cultural nature,

(b) the transportation of persons and goods, including the operation of any toll or draw bridge, ferry or boat being part of the normal transportation system of the Province,

(c) commercial fishing and marine farming activities,

(d) farming activities including processing plants incidental thereto and the delivery of milk for domestic use,

(e) processing plant activities handling farm produce or products of the sea,

(f) greenhouse and garden supply center activities and the operation of a seasonal stand from which farm produce, dairy products, seafood or horticultural products are sold,

(g) the operation of restaurants, canteens and other establishments selling meals and food products for consumption on or near the premises,

(h) the operation of hotels, motels and other places of lodging,

(i) the operation of retail businesses wherein normally not more than three persons, including the owner or proprietor, are employed in the usual conduct of the business and whose inventory wholly or chiefly consists of

(i) food products,

(ii) newspapers, magazines, periodicals or other publications,

(iii) tobacco or other articles required for the use of tobacco, or

(iv) confectionery,

(j) the operation of a drug store in which the total area that is used for serving the public or for selling or displaying to the public in the establishment is less than eight hundred and fifty square metres,

(k) the operation of garages or motor vehicle service stations selling gasoline, motor oil or fuel oil,

(l) any necessary or customary activity in connection with religious worship,

(m) any activity without the doing of which electric current, light, heat, cold air, water or petroleum product cannot be continuously supplied for lawful purposes,

(n) any unavoidable activity in the preparation of the morning edition of a daily newspaper,

(o) the operation of hospital facilities and any activity necessary to save property or lives in cases of emergency or where such property or lives are in imminent danger of destruction or serious injury, including the activities of fire fighting, police, ambulance and other like services, and for the relief of sickness and suffering generally,

(p) the operation of any retail business located within the boundaries of a provincial or national park,

(q) mining, concentrating or smelting activities,

(r) oil refining activities,

(s) sugar refining activities,

(t) the operation of automatic laundry facilities,

(u) sugar bush operations, and

(v) telecommunication activities.

1986, c.28, s.1; 1988, c.57, s.2; 1992, c.52, s.8.

5 Repealed: 1988, c.57, s.3.

1988, c.57, s.3.

6 The Lieutenant-Governor in Council may designate a board for the purposes of this Act.

7(1) Upon application the Board may issue a permit exempting from the application of this Act

(a) the operation of a part of a retail business carried on in relation to the sale of

(i) food products,

(ii) newspapers, magazines, periodicals or other publications,

(iii) tobacco or other articles required for the sale of tobacco,

(iv) confectionery,

(v) meals and food products to be consumed on or near the premises,

(vi) prescription drugs, proprietary or patent medicine, medical and surgical applicances or any other pharmaceutical or hygenic products, or

(vii) greenhouse or garden supply goods,

where that part of the retail business referred to in subparagraphs (i), (ii), (iii), (iv), (v), (vi) and (vii) is carried on in a separate and partitioned area of the business premises and all other areas are separated and partitioned off from that area by ropes, signs or other means so that no goods, services or chattels within those other areas can be offered for sale or rent to the public,

(b) the operation of any business or industry where, in the opinion of the Board, the business or industry is, by necessity, engaged in a continuous operation,

(c) any person who is prohibited under this Act from working or operating a business or industry on the weekly day of rest and who wishes to work or operate a business or industry on that day because he could not work or operate a business or industry on one of the other days of the week due to the dictates of his conscience or religion, or

(d) the operation of all retail businesses located in a tourist area,

subject to the conditions prescribed by regulation.

7(2) A permit issued under paragraph (1)(a) may exempt from the application of this Act not more than three persons including the owner or proprietor of the retail business.

7(2.1) The Board may, for the purposes of paragraph (1)(d),

(a) declare any area of the Province to be a tourist area,

(b) determine the boundaries of a tourist area, and

(c) declare the period of the year during which the exemption has effect.

7(3) When the Board declares an area of the Province to be a tourist area under paragraph (2.1)(a), it shall take into consideration

(a) the criteria established by regulation respecting tourist areas, and

(b) the purposes of this Act.

1988, c.57, s.4.

7.1(1) Notwithstanding section 4 and subsections 7(1) and (2), all retail businesses or parts of retail businesses that are prescribed by regulation for the purposes of this subsection are exempted from the application of this Act on those weekly days of rest prescribed by regulation.

7.1(2) If a permit has been issued under subsection 7(1) in relation to a retail business or a part of a retail business that is subsequently exempted under subsection (1) from the application of this Act on any weekly day of rest on which the permit would apply,

(a) subsections 7(1) and (2), the permit and any conditions to which the permit is subject

(i) do not apply on that weekly day of rest to that retail business or part of a retail business,

(ii) apply to that retail business or part of a retail business on any other day on which the permit would apply, and

(iii) if the permit has not expired, apply when the exemption ceases to be in effect to the retail business or part of a retail business on all days on which the permit applies, and

(b) the permit expires on the same day it would have expired if the exemption had not been in effect.

1992, c.28, s.1.

7.11 If all or part of a retail business is authorized to remain open on a weekly day of rest under a permit issued under paragraph 7(1)(d) or on a weekly day of rest prescribed by regulation for the purposes of subsection 7.1(1), whether or not the weekly day of rest is also a prescribed day of rest, any provision in a lease or other agreement that has the effect of requiring all or part of the retail business to remain open on any such weekly day of rest is of no effect in so far as it applies to that weekly day of rest, whether the lease or agreement is made before or after the commencement of this section.

1997, c.28, s.1.

7.2(1) If a festival or other special event is to be held in an area of the Province, the Minister, upon application by a representative of the area, may issue a permit to the representative exempting all retail businesses located in the area from the application of this Act in conjunction with the festival or other special event.

7.2(2) For the purposes of subsection (1), the Minister

(a) shall take into consideration the criteria established in accordance with the regulations respecting applications under this section,

(b) shall determine the boundaries of the area to which the exemption relates,

(c) shall establish the day or days on which the exemption is to be in effect, and

(d) may impose conditions to be met in order for the permit to be issued or to remain in effect.

7.2(3) A permit issued under this section may take the form of a letter.

7.2(4) The Minister may cancel a permit issued under this section if the Minister has reasonable and probable grounds to believe that there has been a violation of or a failure to comply with a condition imposed under paragraph (2)(d).

1992, c.28, s.1.

8(1) A person who violates or fails to comply with subsection 4(1) or 4(2) or a condition to which a permit issued under section 7 or 7.2 is subject commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

8(2) In addition to the penalty imposed under subsection (1), upon conviction of a second violation of this Act, any permit issued by the Board under section 7 shall be cancelled by order of the convicting judge.

1990, c.61, s.33; 1992, c.28, s.2.

9 Where an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

1990, c.61, s.33.

10(1) Where a person has been convicted of an offence under this Act the Minister may apply by way of notice of application to a judge of The Court of Queen's Bench of New Brunswick for an order enjoining such person from continuing such violation.

10(2) The judge in his discretion may make such order and the order may be enforced in the same manner as any other order or judgment of The Court of Queen's Bench of New Brunswick.

11 The Lieutenant-Governor in Council may make regulations

(a) respecting the manner of making an application under section 7,

(b) respecting conditions of an exemption granted under section 7,

(c) respecting forms to be used under this Act and the regulations,

(c.1) respecting the criteria the Board is to take into consideration when declaring an area of the Province to be a tourist area,

(c.2) prescribing the retail businesses or parts of retail businesses that are exempt for the purposes of subsection 7.1(1);

(c.3) prescribing the weekly days of rest for the purposes of subsection 7.1(1);

(c.4) respecting the manner of making an application under subsection 7.2(1);

(c.5) respecting the criteria the Minister is to take into consideration when considering an application under subsection 7.2(1);

(d) prescribing the fee payable for a permit issued under section 7 or 7.2, or

(e) prescribing activities or the operation of businesses or industries that are exempt from the application of this Act.

1988, c.57, s.5; 1992, c.28, s.3.

12 The Closing of Retail Establishments Act, chapter C-7 of the Revised Statutes, 1973, is repealed.

13 This Act or any provision thereof comes into force on a day to be fixed by proclamation.

N.B. This Act was proclaimed and came into force September 1, 1985.

N.B. This Act is consolidated to June 30, 1997.