H-2 - Act respecting commercial establishments business hours

Full text
chapter H-2
Act respecting commercial establishments business hours
COMMERCIAL ESTABLISHMENTS BUSINESS HOURSJune 22 1990June 22 1990
Chapter H-2 is replaced by the Act respecting hours and days of admission to commercial establishments (chapter H-2.1). (1990, c. 30, s. 31).
1990, c. 30, s. 31.
1. In this Act,
(1)  customer means any person, excepting an employee, agent or mandatary of the owner of a commercial establishment, present in the establishment or on the premises thereof in such a manner that he may purchase products sold by the establishment;
(2)  commercial establishment means any establishment or other place where products are sold or offered for sale at retail in Québec.
1969, c. 60, s. 1; 1984, c. 17, s. 1.
2. No customer may be admitted to a commercial establishment on the following days or parts of days:
(1)  Sundays;
(2)  the 1st of January;
(3)  the 2nd of January;
(4)  the day after Easter Sunday;
(5)  the 24th of June, the National Holiday, or the 25th of June if the 24th falls on a Sunday;
(6)  the 1st of July, or the 2nd of July if the 1st falls on a Sunday;
(7)  the first Monday in September;
(8)  the 25th of December;
(9)  the 26th of December, before one o’clock in the afternoon;
(10)  any other day fixed by order of the Government.
1969, c. 60, s. 2; 1978, c. 5, s. 15; 1984, c. 17, s. 2.
3. No customer may be admitted to a commercial establishment
(1)  before half past eight in the morning from Monday to Saturday;
(2)  after six o’clock in the evening on Mondays, Tuesdays or Wednesdays;
(3)  after nine o’clock in the evening on Thursdays or Fridays;
(4)  after five o’clock in the afternoon on Saturdays.
Subject to the prohibition relating to Sundays, no customer may be admitted to a commercial establishment after
(1)  nine o’clock in the evening on the fourteen days preceding the 24th of December;
(2)  five o’clock in the afternoon on the 24th and 31st of December.
1969, c. 60, s. 3; 1984, c. 17, s. 3.
4. No customer’s presence shall be tolerated in a commercial establishment for more than thirty minutes after the hour after which it is forbidden to admit customers there under section 3.
1969, c. 60, s. 4.
5. This Act does not apply to a commercial establishment the sole activity whereof is the sale of:
(1)  newspapers, periodicals or books;
(2)  tobacco or articles required for the use of tobacco;
(3)  newspapers, periodicals, books, tobacco or articles required for the use of tobacco;
(4)  meals or food to be consumed on the premises;
(5)  pastries or confectionery;
(6)  food products, if there are never more than three persons in the establishment at the same time to attend to its operation on any day that it is open;
(7)  pharmaceutical, hygienic or sanitary products;
(8)  alcoholic beverages, if there are never more than three persons in the establishment at the same time to attend to its operation on any day that it is open;
(9)  gasoline, motor oil or fuel oil;
(10)  road vehicles, trailers or boats;
(11)  agricultural machinery;
(12)  flowers or horticultural products;
(13)  school supplies if they are sold by school cooperatives;
(14)  handicrafts, if they are fashioned by a Québec handicraftsman and sold by him or by one or more representatives of a group or association to which he belongs;
(15)  works of art, if they are executed by a Québec artist and sold by him or by one or more representatives of a group or association to which he belongs;
(16)  antiques or secondhand merchandise;
(17)  swimming pools or accessories necessary for their operation;
(18)  tombstones;
(19)  any other product determined by regulation of the Government.
For the purposes of this section, any separate and partitioned section of a commercial establishment is deemed to be a commercial establishment.
1969, c. 60, s. 5; 1971, c. 20, s. 66; 1977, c. 5, s. 14; 1982, c. 58, s. 28; 1984, c. 17, s. 4.
5.1. This Act does not apply to a commercial establishment the main activity whereof is the sale of products referred to in paragraph 1, 2, 3, 5, 7, 8 or 9 of section 5 and, where food products are sold as well, provided there are never more than three persons in the establishment at the same time to attend to its operation, or the operation of the segregated and partitioned section where the food products are sold, on any day that it is open.
This Act does not apply, further, to a commercial establishment the main activity whereof is the sale of products referred to in any of paragraphs 1 to 8 or 12 of section 5, provided nothing additional is sold there apart from sundries. For the purposes of this paragraph, a separate and partitioned section of a commercial establishment is deemed to be a commercial establishment.
1984, c. 17, s. 4.
5.2. A commercial establishment operating with more than three persons that sells products referred to in paragraph 7 of section 5 as well as food products and sundries on the date of assent to this Act is not required to reduce its personnel to three persons or to partition the section where food products are sold if it receives the authorization of the Minister and provided that the total amount of space set aside for the sale of food products in the commercial establishment is not increased.
Request for authorization under this section must be made to the Minister before 1 September 1984.
The Minister’s authorization shall be published in the Gazette officielle du Québec.
1984, c. 17, s. 4.
5.3. The Minister may authorize commercial establishments to carry on their activities during periods in which such activities are prohibited by this Act in the case of establishments situated in a tourist area or near the territorial limits of Québec, or on the occasion of a special event, such as a festival, fair, show or exhibition.
The Minister may also, on such conditions as may be determined by the Government, authorize commercial establishments to carry on their activities on Sundays if the establishments carry on their activities regularly and according to law from Monday to Friday, if they are closed from sunset on Fridays and all day on Saturdays, and if there are never more than three persons in the establishment at the same time to attend to its operation on any day that it is open.
The Minister’s authorization shall be published in the Gazette officielle du Québec.
1984, c. 17, s. 4.
6. This act shall also not apply to establishments or to separate and partitioned sections of establishments where commodities are, or merchandise is, sold only as accessory to services rendered in carrying out a contract of lease. The Government, by regulation, may determine the cases in which a sale of commodities or merchandise may be deemed accessory to services so rendered. When such a regulation is made, only those classes of sales provided for therein shall be exempt from the application of this act.
1969, c. 60, s. 6.
7. Every draft regulation of the Government is published in the Gazette officielle du Québec with a notice indicating that it may be adopted with or without amendment at the expiry of thirty days from that publication.
1969, c. 60, s. 7; 1984, c. 17, s. 5.
7.1. Every regulation of the Government made under this Act comes into force fifteen days after the date of its publication in the Gazette officielle du Québec or on such later date as is fixed therein.
1984, c. 17, s. 5.
8. Every person authorized by the Minister of Justice to inquire into the enforcement of this Act may enter any commercial establishment while it is open to the public.
The person may require any information relating to his inquiry.
The person shall, on request, produce a certificate attesting his capacity, signed by the Minister of Justice.
1969, c. 60, s. 8; 1984, c. 17, s. 5.
9. No person may admit a customer to a commercial establishment tolerate his presence there contrary to this Act.
1969, c. 60, s. 9; 1984, c. 17, s. 5.
9.1. No person may advertise that a commercial establishment is open for business at any time or day when being open for business is prohibited under this Act.
1984, c. 17, s. 5.
9.2. No person may hinder the work of a person authorized by the Minister of Justice to inquire into the enforcement of this Act, mislead him by concealment or false declarations, refuse to provide him with information or conceal or destroy any information or document relating to an inquiry.
1984, c. 17, s. 5.
9.3. Every person who contravenes section 9, 9.1 or 9.2 is guilty of an offence and liable, on summary proceedings, in addition to costs, to a fine of $225 to $5 250 and, in the case of a subsequent offence within two years of conviction for the same offence, to a fine of $425 to $10 500.
In determining the amount of the fine, the court shall take particular account of the profit derived by the offender from the offence.
1984, c. 17, s. 5; 1986, c. 58, s. 43.
9.4. Where an offence is committed against this Act and the owner of the commercial establishment is not the owner of the immovable in which the commercial establishment is situated, the owner of the immovable, if he ordered, authorized or recommended the commission of the offence or consented thereto or was informed thereof beforehand, is deemed a party to the offence and is liable to the fine prescribed for the offence.
1984, c. 17, s. 5.
10. The provisions of this act shall prevail over those of any other general law or special act and over any inconsistent provision of a municipal by-law.
1969, c. 60, s. 10.
11. The Minister of Industry, Trade and Technology shall have charge of the carrying out of this Act.
1969, c. 60, s. 11; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
12. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 60 of the statutes of 1969, in force on 31 December 1977, is repealed, except sections 15 and 16, effective from the coming into force of chapter H-2 of the Revised Statutes.