Acts and Regulations

D-4.2 - Days of Rest Act

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Current to 1 January 2024
CHAPTER D-4.2
Days of Rest Act
Assented to June 27, 1985
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“Board” Repealed: 2004, c.24, s.1
“drug store” means a shop, store or place of business operated for the purpose of compounding and dispensing prescriptions and selling by retail drugs and medicines but does not include a dispensary supervised by a licensed pharmacist in a hospital or an extended care facility;(pharmacie)
“Family Day” means Family Day as defined in the Employment Standards Act;(jour de la Famille)
“licensed pharmacist” means a person who is registered as a pharmacist with the New Brunswick College of Pharmacists and who holds a valid licence issued under section 31 of the Pharmacy Act;(pharmacien titulaire de permis)
“Minister” means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant-Governor in Council and includes a person designated by him under section 3 to act on his behalf;(Ministre)
“municipality” Repealed: 2005, c.7, s.20
“national park” means a national park established and maintained under the National Parks Act, chapter N-13 of the Revised Statutes of Canada, 1970;(parc national)
“prescribed day of rest” means(jour de repos prescrit)
(a) New Year’s Day,
(a.1) Family Day,
(b) Good Friday,
(c) Victoria Day,
(d) Canada Day,
(e) New Brunswick Day,
(f) Labour Day,
(g) Thanksgiving Day,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day, and
(k) any day appointed by any Statute in force in the Province or by Proclamation of the Governor General or Lieutenant-Governor as a general holiday within the Province;
“provincial park” means a provincial park as defined under the Parks Act;(parc provincial)
“retail business” means the renting or offering for rent, selling or offering for sale any goods, chattels or services by retail;(commerce au détail)
“weekly day of rest” means Sunday.(jour de repos hebdomadaire)
1988, c.57, s.1; 2004, c.24, s.1; 2005, c.7, s.20; 2017, c.38, s.1; 2019, c.12, s.7; 2021, c.16, s.2
Need for days of rest
2It is hereby recognized and declared that
(a) it is necessary to provide for days of rest from work, and
(b) it is desirable to provide, as much as is practicable, that such days of rest be uniform.
Minister responsible for administration of Act
3The Minister shall administer and enforce this Act and may designate persons to act on his behalf.
Activities permitted and prohibited under Act
4(1)Subject to subsections (3) and (4), no person shall, on the weekly day of rest,
(a) rent or offer for rent, sell or offer for sale or purchase any service, goods or chattels,
(b) carry on or transact for gain any business of his ordinary calling or in connection with such calling, or
(c) do any work, business or labour for gain or employ or engage any other person to do so.
4(2)Subject to subsections (3) and (4), no person shall, on a prescribed day of rest,
(a) carry on retail business, or
(b) admit the public to any premises where a retail business is carried on.
4(3)Any person may, on the weekly day of rest or on a prescribed day of rest, engage in an activity that is prohibited under subsection (1) or (2) in respect of the following:
(a) sporting, recreational, entertainment or amusement activities including the operation of cinemas, theatres and exhibitions of an educational, artistic or cultural nature,
(a.1) the operation of a retail business associated with any activity referred to in paragraph (a),
(b) the transportation of persons and goods, including the operation of any toll or draw bridge, ferry or boat being part of the normal transportation system of the Province,
(c) commercial fishing and marine farming activities,
(d) farming activities including processing plants incidental thereto and the delivery of milk for domestic use,
(e) processing plant activities handling farm produce or products of the sea,
(f) greenhouse and garden supply center activities and the operation of a seasonal stand from which farm produce, dairy products, seafood or horticultural products are sold,
(g) the operation of restaurants, canteens and other establishments selling meals and food products for consumption on or near the premises,
(h) the operation of hotels, motels and other places of lodging,
(i) the operation of retail businesses wherein normally not more than three persons, including the owner or proprietor, are employed in the usual conduct of the business and whose inventory wholly or chiefly consists of
(i) food products,
(ii) newspapers, magazines, periodicals or other publications,
(iii) tobacco or other articles required for the use of tobacco, or
(iv) confectionery,
(j) the operation of a drug store in which the total area that is used for serving the public or for selling or displaying to the public in the establishment is less than eight hundred and fifty square metres,
(k) the operation of garages or motor vehicle service stations selling gasoline, motor oil or fuel oil,
(l) any necessary or customary activity in connection with religious worship,
(m) any activity without the doing of which electric current, light, heat, cold air, water or petroleum product cannot be continuously supplied for lawful purposes,
(n) any unavoidable activity in the preparation of the morning edition of a daily newspaper,
(o) the operation of hospital facilities and any activity necessary to save property or lives in cases of emergency or where such property or lives are in imminent danger of destruction or serious injury, including the activities of fire fighting, police, ambulance and other like services, and for the relief of sickness and suffering generally,
(p) the operation of any retail business located within the boundaries of a provincial or national park,
(q) mining, concentrating or smelting activities,
(r) oil refining activities,
(s) sugar refining activities,
(t) the operation of automatic laundry facilities,
(u) sugar bush operations,
(v) telecommunication activities,
(w) the operation of a business or industry that is, by necessity, engaged in a continuous operation, and
(x) real estate activities, including the viewing or displaying, the rental or offer for rental, the trade, the sale or offer for sale or purchase of real estate.
4(4)Any person may, on the weekly day of rest, whether or not the weekly day of rest is also a prescribed day of rest, engage in an activity that is prohibited under subsection (1) or (2) if the person wishes to engage in that activity on the weekly day of rest because he or she could not engage in that activity on one of the other days of the week due to the dictates of the person’s conscience or religion.
1986, c.28, s.1; 1988, c.57, s.2; 1992, c.52, s.8; 2004, c.24, s.1; 2019, c.12, s.7; 2020, c.14, s.1
Repealed
5Repealed: 1988, c.57, s.3
1988, c.57, s.3
Repealed
6Repealed: 2004, c.24, s.1
2004, c.24, s.1
Repealed
7Repealed: 2004, c.24, s.1
1988, c.57, s.4; 2004, c.24, s.1
Exemption from application of Act
7.1(1)Notwithstanding section 4, all retail businesses or parts of retail businesses that are prescribed by regulation for the purposes of this subsection are exempted from the application of this Act on those weekly days of rest prescribed by regulation.
7.1(2)An exemption under subsection (1) does not apply to a retail business or a part of a retail business that is subject to a by-law made under the Local Governance Act or a permit issued under section 176.81 of the Local Governance Act.
1992, c.28, s.1; 2004, c.24, s.1; 2017, c.20, s.51; 2019, c.12, s.7; 2021, c.44, s.36
Non-application of provision of lease or agreement
7.11If all or part of a retail business is authorized under this Act, a by-law made under the Local Governance Act or a permit issued under section 176.81 of the Local Governance Act to remain open on a weekly day of rest, whether or not the weekly day of rest is also a prescribed day of rest, any provision in a lease or other agreement that has the effect of requiring all or part of the retail business to remain open on a weekly day of rest is of no effect in so far as it applies to that weekly day of rest, whether the lease or agreement is made before or after the commencement of this section.
1997, c.28, s.1; 2004, c.24, s.1; 2017, c.20, s.51; 2019, c.12, s.7; 2021, c.44, s.36
Repealed
7.2Repealed: 2004, c.24, s.1
1992, c.28, s.1; 2004, c.24, art.1
Offences and penalties
8(1)A person who violates or fails to comply with subsection 4(1) or 4(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
8(2)A person does not violate or fail to comply with subsection 4(1) if the person is authorized to engage in the prohibited activity by a by-law made under the Local Governance Act or a permit issued under section 176.81 of the Local Governance Act.
1990, c.61, s.33; 1992, c.28, s.2; 2004, c.24, s.1; 2017, c.20, s.51; 2021, c.44, s.36
Continuing offence
9Where an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
1990, c.61, s.33
Injunctions
10(1)Where a person has been convicted of an offence under this Act the Minister may apply by way of notice of application to a judge of The Court of King’s Bench of New Brunswick for an order enjoining such person from continuing such violation.
10(2)The judge in his discretion may make such order and the order may be enforced in the same manner as any other order or judgment of The Court of King’s Bench of New Brunswick.
2023, c.17, s.56
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2004, c.24, s.1
(b) Repealed: 2004, c.24, s.1
(c) respecting forms to be used under this Act and the regulations,
(c.1) Repealed: 2004, c.24, s.1
(c.2) prescribing the retail businesses or parts of retail businesses that are exempt for the purposes of subsection 7.1(1);
(c.3) prescribing the weekly days of rest for the purposes of subsection 7.1(1);
(c.4) Repealed: 2004, c.24, s.1
(c.5) Repealed: 2004, c.24, s.1
(d) Repealed: 2004, c.24, s.1
(e) prescribing activities or the operation of businesses or industries that are exempt from the application of this Act.
1988, c.57, s.5; 1992, c.28, s.3; 2004, c.24, s.1; 2019, c.12, s.7
Repeal
12The Closing of Retail Establishments Act, chapter C-7 of the Revised Statutes, 1973, is repealed.
Commencement
13This Act or any provision thereof comes into force on a day to be fixed by proclamation.
N.B. This Act was proclaimed and came into force September 1, 1985.
N.B. This Act is consolidated to June 16, 2023.