Acts and Regulations

M-22 - Municipalities Act

Section 97
Disposition versions

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Early closing
97(1)In this section, “closed” means not open for the service of a customer.
97(2)A council may make by-laws requiring retail businesses to be closed and remain closed during the whole or any part of any day as the by-law specifies.
97(3)Without restricting the generality of subsection (2) the council may by such by-laws
(a) classify retail businesses according to the class of goods, wares or merchandise sold, offered for sale or displayed there or according to the trade conducted or service provided there,
(b) provide that the by-law or any part thereof applies to one or more of such classes, and
(c) provide different regulations for different classes.
97(4)A by-law requiring a class of retail businesses to close and remain closed during any period of time may provide that during the period one or more of such retail businesses, as designated in writing by an official named by the council, may remain open on the days and between the hours specified in the written designation.
97(5)If
(a) more than one class of goods, wares or merchandise is sold, offered or displayed for sale in a retail business, or
(b) more than one trade is carried on or service provided in a retail business, and
(c) a by-law does not apply to one or more of such classes of goods, wares or merchandise or to one or more of such trades or services,
such retail business may on such terms and conditions as specified in the by-law, be kept open during the closed hours for the sale of such goods, wares or merchandise or for the purposes of such trades or services only.
97(6)A by-law does not prohibit the continuance in a retail business after the hour specified for the closing thereof of any customers in the establishment immediately before that hour or the serving of such customers during their continuance therein.
97(7)A by-law made under this section does not apply to
(a) a retail business that is engaged in an activity referred to in subsection 4(3) or (4) of the Days of Rest Act, or
(b) an activity or the operation of a business or industry that is referred to in subsection 3(1) of New Brunswick Regulation 85-149 under the Days of Rest Act.
1966, c.20, s.98; 2004, c.24, s.3