Review of holiday hours recommended

The solicitor for the city of Toronto has recommended that a controversial bylaw governing holiday store hours be reviewed in light of a recent court decision.

“Recognizing that there have been changes to the manner in which retail businesses operate, and given the comments of the Court with respect to ambiguity in the current language, it would be appropriate to undertake a review of the bylaw,” the city solicitor stated.

The report is scheduled for discussion at city council this week.

“We are pleased to see that this is at last moving forward — the city realizes the need to have a look at this bylaw. Any movement on this issue is welcome. To us, it is calling out for change,” said Gary Sands, vice-president of the Canadian Federation of Independent Grocers.

His organization’s position is that retailers and their communities should decide whether or not a store opens on holidays.

The city’s current bylaw is a pastiche of rules and exceptions that allow, for instance, the Toronto Eaton Centre to remain open every day of the year except Christmas Day because it is considered a tourist attraction, while competing malls and merchants must remain closed. Other exceptions include the Distillery District and an area of the waterfront along Queens Quay.

In practice, numerous stores around the city remain open on statutory holidays, putting them in violation of the bylaw and in a position to be fined.

The issue is back at council because of a recent appeal decision of the Ontario Court of Justice regarding the interpretation of the exemptions.

It upheld the right of Longo’s to keep open two stores that serve prepared food.

The city bylaw was intended to permit restaurants to remain open on holidays, but the court pointed out that its language on the matter is unclear.