Bill 129 2010

An Act to amend various Acts with respect to the observance of Remembrance Day

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Education Act

   1.  The Education Act is amended by adding the following section:

Remembrance Day service

   304.1  (1)  Despite the regulations, every board shall ensure that a Remembrance Day service is held in each school under the board's jurisdiction on the last school day before Remembrance Day.

Form of service

   (2)  The Remembrance Day service held at a school shall be in the form determined by the principal of the school and shall include the matters, if any, prescribed by the regulations.

Attendance

   (3)  Every pupil who attends a school is required to participate in the Remembrance Day service at the school, except in the circumstances that are prescribed by the regulations.

Employment Standards Act, 2000

   2.  The definition of "public holiday" in subsection 1 (1) of the Employment Standards Act, 2000 is amended by adding the following paragraph:

  6.1  Remembrance Day.

   3.  Clause 27 (2) (b) of the Act is amended by adding "if the public holiday is not Remembrance Day and" at the beginning.

   4.  Clause 28 (2) (b) of the Act is amended by adding "if the public holiday is not Remembrance Day" at the beginning.

   5.  Clause 30 (2) (b) of the Act is amended by adding "if the public holiday is not Remembrance Day and" at the beginning.

Legislation Act, 2006

   6.  (1)  Paragraph 2.1 of subsection 88 (2) of the Legislation Act, 2006 is repealed.

   (2)  Section 88 of the Act is amended by adding the following subsection:

Family Day

   (3.1)  Despite any regulation made under any Act and despite any proclamation of the Lieutenant Governor, Family Day, being the third Monday in February, is not a holiday or a school holiday for the purpose of any Act or regulation.

Remembrance Day Observance Act, 1997

   7.  Section 2 of the Remembrance Day Observance Act, 1997 is amended by striking out "The purposes of this Act" at the beginning and substituting "Compliance with section 1".

   8.  Section 4 of the Act is repealed and the following substituted:

Mandatory compliance, performances

   4.  (1)  No person shall give or participate in giving a performance on Remembrance Day that takes place outside of a private dwelling or the property on which a private dwelling is located or for which an admission fee is charged.

 

Definition

   (2)  In subsection (1),

"performance" includes a game, contest, exhibition, a program of entertainment or a presentation of music, dance, theatre or a motion picture.

Contract void

   (3)  A provision of a contract that requires a person to contravene subsection (1) in order to comply with the contract is void.

Offence

   (4)  A person who contravenes subsection (1) is guilty of an offence.

Retail Business Holidays Act

   9.  (1)  The definition of "holiday" in subsection 1 (1) of the Retail Business Holidays Act is amended by adding the following clause:

(b.1) Easter Sunday,

   (2)  Clauses (g) and (h) of the definition of "holiday" in subsection 1 (1) of the Act are repealed and the following substituted:

  (g)  Remembrance Day,

   (h)  Christmas Day, and

   10.  The Act is amended by adding the following section:

Non-application, Remembrance Day

   1.0.1  Sections 1.1, 1.2, 4 to 4.3, 5 and 7 do not apply in respect of activities on Remembrance Day.

   11.  (1)  Subsection 3 (4) of the Act is amended by adding "other than Remembrance Day" after "holiday".

   (2)  Subsection 3 (5) of the Act is amended by adding "if the sale or offering for sale takes place on a holiday other than Remembrance Day" at the end.

   (3)  Section 3 of the Act is amended by adding the following subsection:

Liquor, Remembrance Day

   (5.0.1)  Section 2 does not apply in respect of the sale or offering for sale by retail of liquor under the authority of a licence or permit issued under the Liquor Licence Act if the sale or offering for sale takes place on or after 12 noon on Remembrance Day.

   (4)  Subsection 3 (6) of the Act is amended by striking out "thereto" at the end and substituting "to those purposes if the admission takes place on a holiday other than Remembrance Day".

   (5)  Section 3 of the Act is amended by adding the following subsection:

Exemptions, Remembrance Day

   (8)  Section 2 does not apply in respect of the carrying on of the following activities on Remembrance Day:

    1.  The operation of a private-home day care agency licensed under the Day Nurseries Act.

    2.  The caring for live animals.

    3.  The sale or offering for sale of products of a dairy, milk processing plant or dairy manufacturing plant to members of the public.

    4.  Trading in securities by a dealer registered under the Securities Act on a stock exchange in a jurisdiction other than Ontario.

    5.  The completion, before 6 a.m. on Remembrance Day, of a regular shift or tour of duty commenced on the previous day.

    6.  The beginning, after 9 p.m. on Remembrance Day, of a regular shift or tour of duty continuing into the next following day.

Commencement and Short Title

Commencement

   12.  This Act comes into force on the day it receives Royal Assent.

Short title

   13.  The short title of this Act is the Respect for Ontario Veterans, Soldiers and War Dead Act, 2010.

 

EXPLANATORY NOTE

The Bill amends a number of Acts with respect to the observance of Remembrance Day.

The Bill amends the Education Act to require that every school hold a Remembrance Day service on the last school day before Remembrance Day.

The Bill amends the Employment Standards Act, 2000 to add Remembrance Day to the list of public holidays. An employee who works on Remembrance Day is entitled to receive regular pay for the day plus a compensatory day off, but not premium pay for working on the day.

The Bill amends the Legislation Act, 2006 to remove Family Day as a holiday in light of the expanded role of a holiday that the Bill confers on Remembrance Day.

The Bill amends the Remembrance Day Observance Act, 1997 to prohibit any person from giving or participate in giving a performance on Remembrance Day that takes place outside of a private dwelling or the property of a private dwelling or for which an admission fee is charged.

The Bill amends the Retail Business Holidays Act to add Remembrance Day to the list of holidays on which retail businesses are required to close. Most of the exceptions provided in the Act do not apply to Remembrance Day. However, there are exceptions for the following retail businesses: small stores, pharmacies, businesses selling special services such as gas for motor vehicles, businesses selling liquor in accordance with the Liquor Licence Act if the sale takes place on or after 12 noon, day care facilities, businesses that care for live animals, dairies selling directly to the consumer, stock brokers trading on exchanges outside the province and businesses with shift work before 6 a.m. or after 9 p.m.