Legal loophole will let stores open their doors Canada Day
Labour | Federal law says Sunday holiday will be observed by employers Monday
STEPHEN LLEWELLYN
dgleg@nb.aibn.com
Published Tuesday June 19th, 2007
Appeared on page A1
http://www.canadaeast.com/ce2/docroot/article.php?articleID=14730
Some retail employees may miss out on Canada Day celebrations in Fredericton this year because the national holiday falls on a Sunday.
The federal Holidays Act states that when Canada Day falls on a Sunday, the official holiday will be observed Monday, July 2, and stores must close on that day instead.
As a result, stores will be open on Sunday, July 1.
So will our citizens go shopping or spend the day celebrating the country's birthday?
"It is kind of disappointing," said Paul Wentzell, chairman of the Fredericton Civic Pride Committee which organizes the city's Canada Day celebrations.
"We don't think it will have a big impact on our event. Hopefully they will choose to come to us. We feel bad for the people in retail who have to work."
He said the committee had been hoping stores would be closed Sunday to allow families to enjoy the Canada Day activities.
"We understand the retailers are in a tough spot," said Wentzell. "They don't want to be closed two days in a row."
He said the committee didn't find out until earlier this year that, according to Ottawa, the official holiday was Monday.
"By the time we found out about this archaic federal law, we were too far into the planning," said Wentzell. "Canada Day is July 1 and that is the day the celebrations should take place."
The federal Holidays Act does not require that stores be open on Sunday. But most stores in Fredericton are choosing to be open for business.
Anthony Knight, general manager of the Fredericton Chamber of Commerce, said the business community will be watching closely to see what happens.
"I have no doubt that it will be an interesting experiment in human behaviour to see what the reaction is," he said.
"Consumers (normally) look for an opportunity to access services on a Sunday. We've seen in the retail figures that people take advantage of Sunday as a shopping day."
Knight said no member companies are talking about closing Sunday.
"We are not asking government to review it," he said. "Things can always change for next year. It is difficult to accommodate everyone's scheduling."
Colleen Parent-Meade, general manager of Regent Mall, said this is the first time that Canada Day has fallen on a Sunday since Sunday shopping started in New Brunswick.
She said she doesn't know what will happen Sunday.
"I think it is possible that it could be a good (shopping) day," she said. "I know there is a conflict with the celebrations. It could impact us, but it may not."
Ironically, the mall is sponsoring the Canada Day activities on The Green. But Parent-Meade said the mall didn't consider closing for Sunday.
"No, because July 2 is the legal holiday," she said. "It is the government who has made this regulation under the Holidays Act."
Bruce McCormack, general manager of Downtown Fredericton Inc., said he doesn't expect Sunday shopping to hurt Canada Day celebrations.
"The families that come to Canada Day will continue to do that," he said. "They may see their crowds later in the day rather than starting right at 12 noon. It will be interesting. It probably will be good for those (downtown) businesses that are open."
McCormack said the regulations regarding Sunday shopping on Canada Day are confusing by implying the official holiday is Monday.
"The federal government should take a look at it," he said.
Rob Boyle, assistant general manager of the Fredericton Direct Charge Co-Op, wrote a letter to the editor in Monday's edition of The Daily Gleaner regarding the lack of awareness about the issue.
In an interview, he said he's not blaming anyone, but organizers of Canada Day might want to consider starting events later in the day the next time it happens.
"I think it is going to put a bit of a damper on celebrations," said Boyle.
He said the Co-Op will be open Sunday, which is normally one of their busiest shopping days.
"Realistically, you can't shut the doors for 48 hours," said Boyle.
But he also said it might be a slow day for business.
