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Acts and Regulations

85-149 - Exemptions

Table of contents

Regulation number	Title
D-4.2	Days of Rest Act

Full text

NEW BRUNSWICK

REGULATION 85-149

under the

Days of Rest Act

(O.C. 85-734)

Filed September 20, 1985

Under section 11 of the Days of Rest Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Exemptions Regulation - Days of Rest Act.

2In this Regulation

“Act” means the Days of Rest Act;(Loi)

“antique store” means a retail business whose inventory consists chiefly of goods that are more than fifty years old;(boutique d’antiques)

“craft store” means a retail business whose inventory consists chiefly of Canadian made handicrafts;(boutique d’artisanat)

“flea market” means a bazaar dealing mainly with the retail sale of low-priced second-hand goods.(marché aux puces)

“tourist attraction” Repealed: 2004-134

89-46; 90-19; 2004-134; 2019, c.12, s.8

3(1)The activities or the operation of businesses or industries that are exempt from the application of the Act are as follows:

(a) the operation of licensed premises under the Liquor Control Act;

(b) the manufacture of beer by a brewer licensee or in-house brewery licensee under the Liquor Control Act;

(c.1) the operation of retail businesses by persons appointed by the New Brunswick Liquor Corporation as agents under subsection 40.1(1) of the Liquor Control Act, the inventory of which wholly or chiefly consists of liquor and any one of or any combination of the following:

(i) food products;

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

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

(iv) confectionery;

(c.2) the operation of a brewer, wine-maker or a distiller appointed by the New Brunswick Liquor Corporation as an agent under subsection 40.2(1) of the Liquor Control Act in its capacity as agent for the New Brunswick Liquor Corporation;

(c.3) the operation of retail businesses by the New Brunswick Liquor Corporation or one of its subsidiaries;

(c.4) the operation by service providers of cannabis retail outlets as defined in the Cannabis Control Act;

(d) Repealed: 2020, c.14, s.2

(e) any unavoidable activity in the preparation of an edition of a weekly newspaper or of the afternoon or evening edition of a daily newspaper;

(f) pulp and paper industry activities;

(g) shipping and navigation activities;

(h) ship building and repair activities;

(i) the operation of an antique store or a craft store; and

(j) the operation of a flea market.

3(2)Subject to subsections (2.1), (3) and (4), for the purposes of subsection 7.1(1) of the Act, the retail businesses or parts of retail businesses that are exempt from the application of the Act are those retail establishments listed in Column I of Schedule A that fall within the corresponding group of establishments described in “Standard Industrial Classification, 1980, Retail Trade Industries, Division J”, prepared by Statistics Canada and listed in Column 2 of Schedule A.

3(2.1)For the purposes of subsection 7.1(1) of the Act, the weekly days of rest on which the retail businesses or parts of retail businesses referred to in subsection (2) are exempt from the application of the Act are all Sundays commencing on the Sunday immediately preceding New Brunswick Day to and including the second Sunday following Christmas Day, other than a Sunday that is a prescribed day of rest.

3(3)Retail establishments listed in Schedule A are not exempt from the application of the Act under subsection (2) for the purposes of the servicing or repair of automobiles, motor homes, travel trailers, campers, boats or other watercraft, outboard motors, motor bicycles, motor scooters, motorcycles, snowmobiles or other recreational vehicles.

3(4)Retail establishments listed in paragraph (e) or (f) of Schedule A are not exempt from the application of the Act under subsection (2) for the purposes of the sale of tires, batteries, parts or accessories for automobiles, motor homes, travel trailers, campers, boats or other watercraft, outboard motors, motor bicycles, motor scooters, motorcycles, snowmobiles or other recreational vehicles.

86-27; 89-46; 90-19; 91-177; 92-103; 93-5; 93-204; 94-104; 96-2; 2009-98; 2018-85; 2019, c.12, s.8; 2020, c.14, s.2; 2022, c.5, s.8

4Repealed: 2004-134

89-46; 2004-134

5Repealed: 2004-134

89-46; 93-132; 2004-134

6Repealed: 2004-134

90-37; 2004-134

7Repealed: 2004-134

92-103; 2004-134

SCHEDULE A

Column 1		Column 2
Retail establishments		Corresponding group of establishments described in “Standard Industrial Classification, 1980, Retail Trade Industries, Division J”
(a)food stores		all group 601

(a.1)Repealed: 2009-98

(b)prescription drugs and patent medicine stores		all group 603

(c)retail shoe, apparel, fabric and yarn industries		all major group 61

(d)retail household furniture, appliances and furnishings industries		groups 6211, 6212, 6221, 6222 and 6239

(e)automobile dealers		all group 631

(f)recreational vehicle dealers		all group 632

(g)home and auto supply stores		group 6341

(h)general retail merchandising industries		all major group 64

(i)book and stationery stores		all group 651

(j)florist shops		group 6521

(k)hardware, paint, glass and wallpaper stores		all group 653

(l)sporting goods and bicycle shops		all group 654

(m)musical instrument and record stores		all group 655


(n)jewellery stores		group 6561

(o)camera and photographic supply stores		all group 657

(p)toy, hobby, novelty and souvenir stores		all group 658

(p.1)other retail stores		all group 659

(q)Repealed: 92-103

(r)Repealed: 92-103

(s)Repealed: 92-103

(t)Repealed: 92-103