1.             REMEMBRANCE DAY – RETAIL HOURS OF OPERATION

 

JOUR DU SOUVENIR –  HEURES D’OUVERTURE

 

 

COMMITTEE RECOMMENDATIONs AS AMENDED

That Council approve that the existing by-law remain in force for 2007 and that staff review the questions under:

d)         a pharmacy;

f)          a premises for the retail sale of tobacco or articles required for the use of tobacco;

g)         a premises for the retail sale of handicrafts;

j)          a premises for the retail sale of boats;

k)                 a premises for the retail sale of motor vehicles or tires for motor vehicles;

 

and report back to committee for 2008 Remembrance Day.

 

 

Recommandations modifiÉEs du comi

 

Que le Conseil approuve que le règlement actuel reste en vigueur en 2007 et que le personnel examine les questions concernant :

d)         une pharmacie;

f)          les établissement de vente au détail de tabac ou d’articles pour l’usage du tabac;

g)         un établissement de vente au détail d’artisanat;

j)          un établissement de vente au détail de bateaux;

l)                    un établissement de vente au détail de véhicules automobiles ou de pneus pour véhicule automobile;

 

et qu’il fasse rapport au Comité pour le jour du Souvenir 2008.

 

 

 

 

 

 

 

 

DOCUMENTATION

 

1.                  Deputy City Manager, Community and Protective Services Committee report dated 25 September 2007 (ACS2007-CPS-BYL-0043).

2.                  Extract of Draft Minute, 4 October 2007.

 


Report to/Rapport au :

 

Community and Protective Services Committee

Comité des services communautaires et de protection

 

and Council / et au Conseil

 

25 September 2007 / le 25 septembre 2007

 

Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager/Directeur municipal adjoint,

Community and Protective Services/Services communautaires et de protection

 

Contact Person/Personne ressource : Susan Jones, Director/Directrice

By-law and Regulatory Services/Services des règlements municipaux

(613) 580-2424 x25536, susan.jones@ottawa.ca

 

City-Wide/Portée générale

Ref N°: ACS2007-CPS-BYL-0043

 

 

SUBJECT:

REMEMBRANCE DAY – RETAIL HOURS OF OPERATION

 

 

OBJET :

JOUR DU SOUVENIR –  HEURES D’OUVERTURE

 

REPORT RECOMMENDATIONS

 

That the Community and Protective Services Committee recommend to Council that the Remembrance Day By-law, attached as Document 1, be enacted.

 

RECOMMENDATIONS DU RAPPORT

 

Que le Comité des services communautaires et de protection recommande au Conseil d’adopter le Règlement municipal de Jour du Souvenir ci-joint (document 1).

 

EXECUTIVE SUMMARY

 

By-law 2002-421 provides for the closing of certain classes of retail business establishments to the public until 12:30 p.m. on Remembrance Day, with some exemptions such as grocery stores, delicatessens, fruit/vegetable stores, butcher shops, bakeshops, news dealers, car dealers and others.  The by-law is largely based on the by-law of the former City of Ottawa which retailers were accustomed to the rules.  By-law 2002-421 has provided a more level playing field for all retail business establishments within the new City and has demonstrated respect for Canadian Veterans.

 

Changes in the face of retail however have called into question whether or not certain establishments, such as large grocery stores, which have traditionally been exempt from the Remembrance Day half-day closure requirement but which are now carrying many retail-like products, should be permitted to remain open on November 11th.  The sale of retail-like items does not reflect the spirit of the by-law and, it is therefore appropriate to amend the by-law to reflect those changes such as they are in the Retail Business Holidays Act which requires that stores, selling “foodstuffs”, that are greater than 2400 square feet in area be required to close on Statutory Holidays.  The proposed by-law also updates the language of the by-law in general and amends the opening time of 12:30 p.m. to 12:00 noon.

 

An advertisement in the local dailies advised the general public of the proposals.  Relevant business and veteran organizations were consulted.

 

RÉSUMÉ

 

Le Règlement municipal 2002-421 impose la fermeture de certaines catégories d'établissements de commerce de détail jusqu'à 12 h 30 le jour du Souvenir. Épiceries, magasins d'aliments fins, magasins de fruits et légumes, boucheries, boulangeries, vendeurs de journaux et périodiques, concessionnaires d'automobiles et certains autres commerces en sont exemptés. Le Règlement municipal 2002-421, qui reprend dans une large mesure celui de l'ancienne Ville d'Ottawa auquel les détaillants étaient habitués, a permis d'uniformiser les règles auxquelles sont assujettis tous les établissements de détail à l'intérieur de la nouvelle ville agglomérée, tout en manifestant le respect dû aux anciens combattants canadiens.

 

Cependant, l'évolution du commerce de détail remet en question l'opportunité de permettre l'ouverture, le 11 novembre, de certains establishments, les épiceries à grande surface par exemple, qui ont traditionnellement été exemptés de l'obligation de fermeture l'avant-midi du jour du Souvenir, mais qui offrent maintenant beaucoup d'articles de détail non visés par l'exemption. La vente de tels articles va à l'encontre de l'esprit du règlement municipal et, en conséquence de cette nouvelle situation, il convient de le modifier en s'inspirant de la Loi sur les jours fériés dans le commerce de détail, qui prescrit que les magasins vendant des « denrées alimentaires » et ayant une superficie supérieure à 2 400 pieds carrés doivent demeurer fermés les jours fériés. Le règlement proposé constitue également une révision générale du libellé de l'actuel règlement et ramène de 12 h 30 à midi l'heure d'ouverture des commerces de détail.

 

Une annonce a été publiée dans les quotidiens locaux informant le public de ces propositions. Les organismes de représentation des commerçants et des anciens combattants ont été consultés.

 

BACKGROUND

 

The former City of Ottawa obtained enabling legislation, City of Ottawa Act, 1967, that provided the City power to pass a by-law requiring that all or any class or classes of retail business establishments in the City of Ottawa close and remain closed until 12:30 p.m. on November 11th each year.  The Remembrance Day closure requirement had been in place since 1967 within the former City of Ottawa.  The goal of the former Council was to recognize and respect the significance of Remembrance Day within the City of Ottawa, while still maintaining flexibility to retailers during the afternoon and evening hours.  In keeping with the authority cited in the legislation, the former City of Ottawa exempted certain classes of stores (e.g., confectionaries, drugstores, grocery stores, etc.) from the closing provisions.

 

However, the remaining former municipalities did not have special legislation in place and retail establishments remained open for the entire day on November 11th.  In 2001, Council directed staff to apply to the Province of Ontario for special legislation to authorize the Council of the new City of Ottawa to pass by-laws requiring that all or any class or classes of retail business establishments in the City of Ottawa be closed until 12:30 p.m. on November 11th each year.  Special legislation similar to the City of Ottawa Act, 1967, to permit a uniform policy with regard to retail establishments opening on Remembrance Day throughout the entire new City was given Royal Assent on June 27, 2002.  Further, the Provincial Legislature commended the City for taking a leadership role in this regard.

 

In 2002, Council enacted By-law 2002-421 to provide for the closing of certain classes of retail business establishments to the public until 12:30 p.m. on Remembrance Day, with some exemptions such as grocery stores, delicatessens, fruit/vegetable stores, butcher shops, bakeshops, news dealers, car dealers and others.  The harmonized by-law, including exemptions to the closure, was largely based on the then by-law of the former City of Ottawa given that retailers there were accustomed to the rules and they seemed consistent with the Retail Business Holidays Act.  The application of the by-law provided a level playing field for all retail business establishments within the new City and also demonstrated the appropriate respect for Canadian Veterans.

The Municipal Act, as amended by Bill 130, allows municipalities to require that retail business establishments be closed to the public at any time.

 

DISCUSSION

 

Since its enactment, enforcement of By-law 2002-421 has revealed that, given changes in the face of retail, a number of large food or grocery stores are tending to carry many retail-like products such as clothing and appliances which calls into question whether or not they should be permitted to remain open on November 11th as they are in accordance with the current by-law.  The sale of such items does not reflect the spirit of the by-law and, it is therefore appropriate to amend the by-law to reflect those changes such as they are reflected in the Retail Business Holidays Act which requires that stores, selling “foodstuffs”, that are greater than 2400 square feet in area be required to close on Statutory Holidays.

 

The proposed by-law also updates the language of the by-law in general; for example, “confectionaries” are referred to, in the draft by-law, as “convenience stores”.  Further, the proposed by-law brings the wording of like provisions, including certain definitions and the prohibition, more in line with the Retail Business Holidays Act.  As well, it is proposed that the opening time of 12:30 p.m. be 12:00 noon instead, as has been requested by a number of the Business Improvement Areas.  Such opening time would continue to accommodate the Remembrance Day ceremonies, which has traditionally been a consideration of this by-law.

 

As a result of the review of the current by-law as well as the retail establishments identified therein, and given the nature of the amendments required, the repeal and replacement of the current by-law was deemed necessary for simplicity and clarity for the benefit of the public, businesses, and enforcement personnel.

 

Noteworthy is that the commemorative aspect of the by-law continues to be relevant, not just in light of Canada’s role in World War I and World War II as well as other historical conflicts but, also in light of the Canadian military’s on-going role around the world today, at sea and in numerous foreign countries, including Afghanistan where, to date, 69 members of the Canadian Armed Forces and one Canadian diplomat have sacrificed their lives.

 

CONSULTATION

 

An advertisement inviting comments and giving notice of the time, date and location of the Community and Protective Services Committee at which the proposals would be discussed, appeared in the September 21st edition of the Citizen and Le Droit.  As well, the Business Advisory Committee, the Business Improvement Areas, the Royal Canadian Legion and the National Council of Veteran Associations were notified of the proposals.

 

The Business Advisory Committee, at its meeting of September 11th, supported the staff proposals to amend the store opening time from 12:30 p.m. to 12:00 noon, and to update the by-law to be more reflective of today’s retail environment and language, and to bring it more in line with the Retail Business Holidays Act.

 

The Business Improvement Areas are in support of the proposals generally.  A number of the BIAs have, in the recent past, expressed to the City a desire to have the current by-law amended to allow retail businesses in their respective jurisdictions to open at 12:00 noon rather than at 12:30 p.m., as prescribed by the current by-law.

 

The Royal Canadian Legion, which is responsible for the coordination and conduct of the National Remembrance Day Ceremony, remains in full support of the by-law generally and supports the proposed amendments with the exception of the noon opening time for retail businesses.  In that regard, the Legion has some concerns including but not limited to the potential disruption to services and citizens’ opportunity to reflect, resulting from retail business staff attempting to start work at noon while the services are still in progress, albeit close to their end.

 

The National Council of Veteran Associations supports the position of the Royal Canadian Legion as outlined above.

 

No other comments on the report and proposed by-law were received.

 

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the recommendation.

 

CITY STRATEGIC DIRECTIONS

 

The recommendation has no direct impact on the City Strategic Directions.

 

SUPPORTING DOCUMENTATION

 

Document 1 – Proposed Remembrance Day By-law

 

DISPOSITION

 

Legal Services Branch, in consultation with the By-law and Regulatory Services Branch to process the by-law to Council for enactment

By-law and Regulatory Services Branch to provide for any necessary notification


DOCUMENT 1

 

BY-LAW NO. 2007-

 

                        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 2002-421.

 

                        The Council of the City of Ottawa enacts as follows:

 

DEFINITIONS

 

1.                     In this by-law:

 

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

 

“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;

 

“premises” means a building or part of a building or place where a person owns or operates a retail business establishment;

 

“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.

 

PROHIBITION

 

2.                     No person carrying on a retail business in a retail business establishment shall:

(a)        sell or offer for sale any goods or services therein by retail; or,

(b)               admit members of the public thereto,

until 12:00 o’clock in the afternoon on Remembrance Day.

 

EXEMPTIONS

 

3.                     Section 2 shall not apply to any of the following classes of retail business establishments:

 

(a)        a premises for the retail sale of foodstuffs which area is less than 2400 square feet;

(b)        a delicatessen;

(c)        a convenience store;

(d)        a pharmacy;

(e)        a news dealer;

(f)         a premises for the retail sale of tobacco or articles required for the use of tobacco;

(g)        a premises for the retail sale of handicrafts;

(h)        a retail gasoline service station, gasoline pumps and outlets in the retail gasoline service industry;

(i)         a service station for the retail sale of propane, diesel, natural gas and associated fuel products;

(j)         a premises for the retail sale of boats;

(k)        a premises for the retail sale of motor vehicles or tires for motor vehicles.

 

ADMINISTRATION AND ENFORCEMENT

 

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

 

OFFENCES AND PENALTIES

 

5.         (1)        Every person who contravenes any of the provisions of this by-law is guilty of an offence.

 

(2)        Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O 1990, Chapter P. 33, as amended.

 

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

(a)        the Ontario Court of Justice, or

(b)        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.

 

INTERPRETATION

 

7.         (1)        In this by-law,

(a)        words importing the singular number only, include more persons, parties or things of the same kind than one (1) and the converse; and

(b)        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 by-law 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.

 

 

REPEAL

 

8.                     By-law Number 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.

 

SHORT TITLE

 

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

 

 

 

                        ENACTED AND PASSED this   day of         , 2007.

 

 

 

 

                                    CITY CLERK                                     MAYOR

 

 

 


REMEMBRANCE DAY BY-LAW REVIEW

JOUR DU SOUVENIR –  HEURES D’OUVERTURE

ACS2007-CPS-BYL-0043                                      CITY WIDE / À L'ÉCHELLE DE LA VILLE

 

            Committee Members received a letter from the ByWard Market BIA in support of the staff report.  The letter also provided their comments and specific concerns about the by-law.  A copy is held on file.

 

            Susan Jones, Director of By-law and Regulatory Services provided a general overview of the report, highlighting the specifics for the amendments being proposed.

 

Peggy DuCharme, Executive Director, Downtown Rideau B.I.A. spoke to the letter they had submitted previously, and indicated that their member properties had asked the BIA to request amendments to the by-law, which would allow them to open at noon instead of the current 12:30 p.m.  There was also concern expressed about the large numbers of people who congregate in limited public space due to business closures until 12:30 p.m., and the safety and security issue this poses for the Rideau Centre.  It is also a disservice to the public seeking refreshment, shelter and washroom facilities after spending several hours outside attending the official ceremonies at the National War Memorial.  Ms. Ducharme also read from a letter written to the BIA by the General Manager of the Rideau Centre dated 3 October 2007, in which they too express similar concerns, and noting that the ceremonies are largely concluded before noon.  And, despite the signage they put up advising of the later opening time, the public are confused and displeased when confronted with closed retail stores at noon.  She read that while the Rideau Centre and it’s retailers understand and support the significance of Remembrance Day, their primary concern is the comfort and safety of their customers and it is believed the proposed adjustment to retail hours of operation would be beneficial to everyone.  Copies of both letters are held on file.

 

Robert Butt, Director of Communications, Royal Canadian Legion expressed support for the proposed amendments to the by-law, with the exception of the proposed time change.  He indicated that the ceremony does not finish before noon and the veteran’s parade begins close to noon and the protective barriers rarely come down before 12:30 p.m.  The question of who the stores will be opening for earlier is a question, since the people attending the ceremony will not get there until 12:30 p.m. at any rate.  Mr. Butt added that attendance at the ceremony has more than doubled over the past decade (10,000 to 25,000) and while such numbers are probably good for businesses in the core, the amendment could create a feeling of uncaring amongst those who have to work on that day and, could actually reverse the resurgence of remembrance in Ottawa.  He hoped the true meaning of remembrance would transcend this move to amend what is perfectly good legislation and urged the Committee to uphold the current time at 12:30 p.m.

 

Given the concerns raised by the businesses but also being respectful of the ceremonies held on that morning, Chair Deans asked staff to comment on these two opposing views, keeping in mind that the safety and security issues must be addressed.  Susan Jones, Director of By-law and Regulatory Services advised that the Rideau BIA recognizes the importance of this event, but at the same time, they have their challenges with respect to what is going on.  It was felt that what staff were recommending was reasonable and if approved, they would monitor the impact and report back if there is a problem.

 

Councillor Cullen proposed that Section 2 of the draft Remembrance Day By-law be amended to provide for a 12:30 p.m. opening time for retail business establishments on Remembrance Day.  He was agreeable to the other proposed amendments as suggested by staff.

 

Some committee members questioned why some businesses were exempted while others were not.  In particular, it was noted that the one of the proposed amendments would see certain size grocery stores closed during the morning, although most pharmacies (which are exempted) sell grocery items too.  Ms. Jones stated that under the Retail Business Holidays Act, any pharmacy under 7500 square feet is allowed to be open on a statutory holiday.  She suggested that if preferred by the Committee, staff could implement the same on these businesses, although there has not been any consultation with these businesses.  Councillor Qadri wondered, therefore, if the whole list should be reviewed rather than exempting some here and there.  He proposed an amendment to that effect, noting his preference that it be implemented this year, if possible.  Chair Deans suggested this proposal be considered for implementation next year because the business community would have to be consulted.

 

Councillor Bédard agreed exemptions should not be permitted and suggested that if some stores are required to be closed, then they should all be closed.  He also indicated the difficulty of including the selling of handicrafts in the exemption, noting that in the ByWard Market there is a huge display of handicrafts that the market stalls offer and yet they are not touched by this by-law, but the stores inside the Market buildings which sell handicrafts have to close otherwise they are fined.  He suggested the report be referred back to staff, with a request that they examine anomalies, including a proper definition of handicrafts.  He also questioned of the proposal to change the closed period, noting it is a big problem, especially with the increased crowds attending the ceremonies.  In this regard, he agreed it is a huge problem for the Rideau Centre and for people congregating in the ByWard Market area.  He proposed that the report be referred back to staff for review and to carry out the necessary consultation.  He clarified that should the Committee approve his Motion, the intent would be to keep the status quo.

 

When asked what effect referral would have on this year, Ms. Jones advised that it would mean the grocery stores would be allowed to remain open whereas those currently covered by the by-law would have to remain closed until 12:30 p.m.  She suggested that if so directed by the Committee, staff would come back with an entirely new by-law, following consultation.

 

Moved by G. Bédard

 

That the existing by-law remain in force for 2007 and that staff review the questions under:

d)   a pharmacy;

f)    a premises for the retail sale of tobacco or articles required for the use of tobacco;

g)   a premises for the retail sale of handicrafts;

j)    a premises for the retail sale of boats;

k)   a premises for the retail sale of motor vehicles or tires for motor vehicles;

 

and report back to committee for 2008 Remembrance Day.

 

                                                                                                                       CARRIED, as amended