Deanne Pittman, Centretown News
The Glebe BIA wants special permission to keep stores open on statutory holidays.A bid by the Glebe Business Improvement Area to win municipal approval for its stores to open on holidays is raising concerns among other retailers in downtown Ottawa about favouritism and unfairness around holiday closing rules.
The proposed exemption for Glebe retailers falls under the Retail Business Holidays Act, a provincial law that prohibits store owners in Ontario from keeping their business open on nine specified holidays throughout the year.
Jasna Jennings, executive director of the Byward Market BIA, says, “We have a concern with the Glebe’s application because we didn’t feel that they have proved their reliance on tourism.
“With such little tourism infrastructure if they (city council) grant them this exemption, it opens the gate for everyone to apply.”
To qualify as a tourist attraction, a place must either be a natural attraction or outdoor recreational attraction, historical attraction, or a cultural, multi-cultural or educational attraction.
According to the Ontario Ministry of Government and Consumer Services, the purpose behind this legislation is to create a balance between allowing businesses to stay open on certain holidays and providing employees and consumers with universal days off.
Currently, there are five exemption bylaws passed under the RBHA in Ottawa, including: the Byward Market, the Sparks Street Mall, the Rideau Centre, the Rideau Area Business Improvement Area, and the Loblaw supermarket on Rideau Street.
The Sparks Street BIA is the only area located in Centretown that is exempt from the RBHA due to its close proximity to Parliament Hill, a major tourist attraction.
Individual businesses or retail districts can be declared exempt from the act if they are deemed to fall within a designated tourist zone.
According the Tourism Criteria Regulation, “all of the businesses within an area for which an application has been received must be located within two kilometres of the tourist attraction.”
The Glebe BIA believes that there are a number of such attractions located in and around that community.
Lansdowne Park has the historical features of the Aberdeen Pavillion and the outdoor recreational component of the TD Place stadium.
The Rideau Canal also meets the criteria of a tourist attraction, as it is the oldest continuously operated canal in North America.
It is also used for recreational purposes such as fishing and boating during the summer months.
The Canadian Museum of Nature is an educational attraction of historical significance, as well.
In its application for the exemption bylaw, the Glebe BIA stated: “Not everyone experiences holidays in the same way, and granting the exemption would permit Glebe BIA retail businesses, like those in our sectors, to make their own choice to open or close on public holidays.”
“It would be up to the owners and the employees to decide if they want to open and if they have the staffing to do it,” says Stephane Sauve, manager at the Glebe Meat Market on Bank Street.
If the Glebe BIA were granted an exemption, it would allow the retail district to assist the City of Ottawa in the “maintenance and development of tourism by
adding a central shopping district available to visitors on public holidays,” said the Glebe BIA in its submission to council.
The Bank Street BIA and Preston Street BIA are both located in Centretown, but are not exempt from the RBHA, and declined to comment on the issue.
Andrew Peck, executive director of the Glebe BIA, says, “Our area is a place that many people visiting the city of Ottawa come to. We are an area that can contribute to the city’s tourism economy. Right now on statutory holidays and common pause days, some of our retailers are not allowed to be open.
“I think if we all work together to create the ultimate national capital experience and we open our doors for business, I think we’ll all benefit,” says Peck.
The city’s finance and economic development committee approved the Glebe BIA’s application on Feb. 2. Members of city council were expected to make a final decision on Feb.10.
The nine holidays are: New Year’s Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day and Christmas Day.