HomeMy WebLinkAboutThe Goderich Signal-Star, 1986-12-10, Page 8PAGE 8—GODERICH SIGNAL -STAR, WEDNESDAY, DECEMBER 10, 1986
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Police pro
BY LOU -ANN HOPE
Goderich town police will charge local
stores that open illegally on Sunday, or
holidays, Police Chief Patrick King said in
an interview last week concerning Sunday
openings and The Retail Business
Holidays Act.
TJ3e Retail Business Holidays Act, which
came into force throughout Ontario on
January 1, 1976, aims to provide common
be
days of rest on which retailingwould
kept to a lluunaiufi ane t;;1,:=
ty encouraged.. The act requires retail
business establishments to close every
Sunday, New Year's Day, Good Friday,
Victoria Day, Dominion Day, Labour Day,
Thanksgiving Day, Christmas Day and
Boxing Day.
On these days, neither goods or services
can be offered for sale or sold to the public
and the public cannot be admitted to the
place of business. The law is enforced by
the police and, if a person or firm is charg-
ed with illegally opening, a fine of up to
$10,000 can be levied.
Retail business establishments are
defined in the law as premises where
goods or, services are sold or offered by
sale by retail. The premises may be in-
doors, outdoors or both.
Some provisions are made in the law
which allows certain businesses to open
Sundays. This will be discussed later.
"If a store does violate the business act
locally, we would lay a charge against the
owner or owners," King said.
King said that police departments
across Ontario are under pressure from
the Ministry of the Solicitor -General and
the Ontario Police Commission to lay
charges against store owners that illegally
open their store for business on Sunday.
"We would obey their wishes because it
is against the law regardless or what peo-
ple think," he said.
"In a small town, such as Goderich, Sun-
day openings are probably not tolerated by
people as they would be persons living in
the big cities," he added, citing this as
another reason why the town police would
become involved,- with illegally opened
businesses.
However, King noted that certain
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se charges if stores open
businesses are allowed to remain open on
Sundays as long as they follow the
guidelines established within the Act.
In a pamphlet concerning The Retail
Business Holidays Act produced by the
Ministry of Solicitor General and
distributed to Ontario police departments
In a pamphlet concerning The Retail
Business Holidays Act produced by the
Ministry of Solicitor General and
distributed to Ontario police departments,
tis¢im...ai.storesallowed to remain open
on Sundays and regulations ciaai.ng ...�.r
their opening is made. It states, "Some
stores and establishments can remain
open on a holiday if they meet cerrtaiRi.re-
quirements as to. floor area • and the
number of people 'serving the public.
Other establishments are free to remain
open regardless of size and the number of
people working, depending on the types of .
goods and services sold."
Small stores which may open on Sunday
or holidays include stores who have as
their main business.the sale of one or more
of the following: food, newspapers or
periodicals, tobacco or articles required
_for the use of tobacco, antiques and:han-
dicrafts. To be open on Sunday and
holidays, these stores must have no more
,than three people serving the public and
the area of the store must not exceed 2,400
square feet.
Other stores which are allowed to open
on Sundays and holidays include .drug
stores, service stations, car washes, plant
nurseries and flower stores, fresh fruit and
vegetable stands or stores, restaurants
and take-outs, facilities licensed by the Li-
quor Licence Board of Ontario, licensed
tourist establishments, hotels and motels,
Laundromats and other coin-operated ser-
vices, boat and vehicle rentals and flea
markets.
King noted that the Act did allow provi-
sions for Sunday openings only.
"The Act says that a store may open on
Sunday if it follows three regulations.
First, it is closed Saturday for 24 con-
secutive hours between 4 p.m. Friday and
midnight Saturday; second, that no more
than seven persons work in the store on
Sunday; and third, that the shopping area
is less than 5,000 square feet," King said,
adding that businesses like The Met,
Woolco, Eatpns, The Bay and Zehrs could
not open because they would not be able to
meet the three regulations.
Town administrator, Larry McCabe,
noted that Goderich businesses were
allowed to open all holidays except for
Christmas Day and Sundays due to a by-
law passed by town council in 1978.by
"The by-law, number 46, passed
Goderich town council in 1978 says that all
71 tall-nnr{'>, rnn he open all
holidays except Christmas Day and Suii-
days in Goderich," McCabe said.
King explained that the local by-law
supercedes tha act because the act gives
municipalities the right to set their own by-
laws for exceptions to the act.
When the by-law was put into effect, the
area was declared a tourist area and that
is why the by-law was passed, King said.
"If it's not Christmas or Sunday, the
businesses could be open," King said.
King said Goderich police would charge
any store that opens illegally on a Sunday.
•He said they ( the police). would have to
prove the store was open,on a holiday (this
includes Sunday) and prove that people
' were working in the store.
"It doesn't mean we have to see them
sell something because people cannot go
into the store under the act. Seeing people
go in and out with -packages is better
evidence," King said. ,
A $10,000 maximum fine is what store
owners can expect if they open illegally on
Sunday.
'.For every day that they (the business I
violated the law, they would be charged,"
King said.
He said that the policy was that the
ministry wanted enforcement of the act.
He said that if the police ignored
businesses that were open illegally, there
would be local pressure.
"We couldn't be like a little oasis when
every other police department is following
it."
King said the Goderich. police have not
yet had to lay a charge of illegal opening in
Goderich under the Retail Business
Holidays Act.
Merchants against opening
• from page 1
although final decisions on Sunday open-
ings rest with the head company.
Three store managers, Peter Rambouts
of The Met, Brian Bazinet of Woolworth's,
and Tom Fincher of Fincher's, did not
want to comment.
Peter Lane, president of the Shoppers
Square Association, , said "none of the
stores would be interested in doing it
( opening Sunday) to the best of my,
knowledge. a,
"Shoppers Square as.association is
not necessarily behindl,Sun ay openings,"
Lane said. •
"It is a government law pot to be .
operated as a retail day and I feelit should
be held forth as such," said Lane,, voicing
his personal opinion.. He added that stores
that open illegally should be charged
because they are no different from anyone
else who breaks the law.
"You have to think of stores as specialty
shops which offer expertise and knowledge
but if they stay open :seven days a week
then they are going to have to relys on part-
time help and you won't have a specialty
shop anymore," he said.
Lane added that if businesses were to
open Sunday, they would be breaking
family relationships up. He explained that
Sunday is usually the day which the family
spends together and if a person is working
Sunday, the family cannot be together. He
added that it wouldn't matter if the
employee had two days off during the week
because work schedules of spouses would
likely conflict as well as children being at
school.
This past Sunday was to have been the
5th Annual Christmas Open House for
businesses located on Shoppers Square.
The open house, which isnot sponsored by
the Shoppers Square Association, is a
. special one -day Christmas event designed
to allow people more time for browzing.
Scheduled to take part in the open house
were Anstett Jewellers, May's Decorative
Accessories, Rieck IDA Pharmacy, Fin-
cher's, Radio Shack, Hotel Bedford, Car-
man Cameras, Dixie's Flowers and Gifts,
Campbell's Cameras and Rosemary's
Ladies Wear. However, only Rieck IDA
Pharmacy, Fincher's and the Hotel Bed-
ford remained open.
When contacted Monday regarding Sun-
day's Open House, Dan Stringer of Rieck's
Pharmacy said the other stores did not
open because they were afraid of police
prosecution.
One of the store owners involved said the
businesses decided not to open because of
the possibility of charges under The Retail
Business Holidays Act.
Although a letter from local police, as
well as a follow-up telephone conversation
with the police chief gave approval to held
the annual event, store owners, decided
against opening. Sunday's Open House
was designed as an opportunity to browze
and enjoy the hospitality offered by the
various stores partaking in the event,
however, with the current concern about
the law and Sunday openings, the stores
felt it would be better to remain closed.
Although hundred's of charges have
been laid regarding illegal Sunday, open-
ings, trials have been postponed pending a
ruling, on the consitutional validity of The
Retail Business Holidays Act. The
Supreme Court of Canada is expected to
rule on the constitutionality of the law on
December 18.
Former solicitor -general Ken Keyes was
quoted last Tuesday as saying, "The On-
tario government wants to stiffen fines and
tighten up the law governing Sunday clos-
ings if The Supreme Court of Canada rules
th law is constitutional." He also noted
that if the law is struck down, the govern-
ment could go under the Labour Act to pro-
tect people from working seven days a
week.
Attorney -General Ian Scott has said that
employees are to call him if they are
threatened with loss of a job for refusing to
work in a store that opens Sunday.
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172 71444tuo..ii:6cidortih; Mate Cbrrlor, Clinton; Mafh Co
rnsr. eaiarth
Needs stud required before Huronview
expansion and renovation project gets go-ahead
By Alan Rivett
Two studies on the needs of senior
citizens in Huron County will have to be
completed before the proposed expansion
and renovations to Huronview can go
ahead, county officials were told at recent
meeting with provincial government
officials.
Huronview Committee Chairman
Clarence Rau told Huron County Council
at their regular meeting on December 4
that new government recommendations
include a ' needs study to determine the
needs of all senior citizens in Huron Coun-
ty. A second study, called a functional
needs study, would show how to implement
the needs of county seniors into the Huron -
view project.
Council authorized the Huronview Com-
mittee to proceed with the two studies at
the meeting. Also, the county hired Robert
Ritz, and Stinson, Montgomery and Sisam
Architects to carry out the two needs
studies. The firm was hired by the county
at a tender price of $375,000 in November
to carry out the renovation work at Huron -
view, the county -run home for the aged
east of Clinton.
Mr. Rau said the studies would delay the
project until the spring of 1988 and would
also carry a $70,000 price tag with the pro-
vince and the county each contributing
$35,000.
The recommendations, said Mr. Rau,
came out of a special meeting between
Huronview committee members, the pro-
ject architect and three officials from the
Ministry of Community and Social Ser-
vices (COMSOC) on November 20.
staffing patterns which or ould preserve
ve the
level -of service; type
such as private or semi -private and space
required for rooms. a total
From the functional study,
schematic diagram would be completed
for the whole building. He said the study
would also indicate the beds required now
and in 20 years.
According to Mr. Ftau, the Huronview
architects would hire two firms to do both
studies. The firm of John Stevens and
Associates was hired to do the needs study
while Marius Shrift Ltd., Environmental
Psychologists of Toronto, will complete
the functional needs study for the Huron -
view project.
As for a current timetable for the
renovation project, Mr. Rau said the two
studies will be completed by late January
and could be passed through the county
level at their February meeting. Between
May of 1987 to January of 1988, thenova-
tion plans would be prepared an Nee
tender documents would be finalized with
construction beginning by the spring of
1988.
Mr. Rau said there are a number of op-
tions the county may follow when planning
the project. The county may tell the
Huronview Committee to renovate the
whole building, or the renovations can pro-
ceed in distinct phases over the next five or
six years. Also, council may decide to stop
at the $3.2 million limit previously set by
- council.
The new recommendations for Huron -
view were viewed by council as a complete
reversal from their original intentions for
the project. The $3.3 million project was to
At the meeting, Ministry officials recom- be phased over five years, with the county
and the' province both contributing $1.6
mended the two studies as they would
million. The project was set to go ahead
allow Huron County Council to take an
overall approach to Huronview and its this year, but at the county's June 5
meeting, the province announced funding
many deficiencies with consideration to
the services that the cbunty-run home for would not be forthcoming for the project in
the aged would require in 10 to 15 years. 1986.
Mr. Rau said the data collected ,in the The original renovations called for a
county -wide needs study would be used in revamping of living areas, dining
the functional needs Study of the Huron- facilities, as well as modernization to kit -
view project to deterreiine the nursing and chen, dietary, laundry facilities and the
personal care required by the residents; administration offices.
Zurich Reeve Bob Fisher asked Mr. Rau
why the county Were not told these studies
were necessary when the project was in-
itiated and passed by the county last year.
Mr. Rau said he didn't have an answer to
the question. However, Huronview Ad-
ministrator Wayne Lester interjected that
the switch in governments has resulted in
a change of heart towards renovations to
nursing homes.
"John Sweeney ( Community, and Social
Services Minister) changed direction
because he seen the magnitude of the nurs-
ing home situation across Ontario. They
were all built at the same time and are all
in the same predicament.
""He has delayed this program by re-
questing this (the studies) . He's buying
some time because there wasn't any
money -left in the 1986 or 1987 budget," said
Mr. Lester.
Bayfield Reeve Dave Johnston asked
council about the legality of hiring the
same architects to do the needs studies.
"It seems like we're going to be awar-
ding a new contract to the old architect.
We might have some kind of legal lawsuit
if this contact is awarded to the original
bidder. We don't want to put ourselves in a
legal battle with the other biders. We
didn't choose the lowest in the first place.
I'm just concerned what they're going t6
say," said Mr. Johnston.
Clerk -Treasurer Bill Hanley said council
has already decided to hire the architect to
do the renovation project at Huronview he
doesn't foresee any legal problems with
hiring the Same architect to do the needs
studies.
Huronview Administrator Wayne lester
assured council that having the firth of
Robert Ritz and Stinson, Mongomerty grid
Sisam do the needs study in addition to the
actual renovations. was the right naive .� s
they are the best in renvations to nursi , g
homes.
"These architects have a different cln-
cept.of renovations for the aged. They are
the • 'nest. They have done work for h
region of Niagara which has the most `
to -date nursing homes in Ontario,". s 't
Mr. Lester.