Retail business holidays
Ontario's Retail Business Holidays Act prohibits retail businesses from selling goods, providing services or admitting the public on statutory holidays, unless a specific exemption applies. The Act is administered by the Ministry of Consumer Services.
Holidays covered by the Act
- New Year's Day
- Good Friday
- Easter Sunday
- Canada Day
- Labour Day
- Thanksgiving Day
- Christmas Day
The Act also applies to any other public holiday the Lieutenant Governor declares by proclamation.
The Regional Clerk's Office cannot provide legal advice. Whether your retail establishment may open on a statutory holiday must be determined by your own legal counsel.
Stores that may remain open
Exemptions and application process
Here's how to determine whether your store can open on statutory holidays and, if needed, how to apply for a tourism exemption.
1
Have your legal counsel review Section 3 of the Retail Business Holidays Act.
Some retail businesses are exempt from the requirement to close, depending on what the store sells, its size, the number of employees normally working, and other criteria. Section 3 sets out the full list of exempt business types.
Some retail businesses are exempt from the requirement to close, depending on what the store sells, its size, the number of employees normally working, and other criteria. Section 3 sets out the full list of exempt business types.
If your store is listed then it may open on statutory holidays. No application is needed.
2
If Section 3 doesn't apply, have your legal counsel review the tourism criteria.
Some stores and geographic areas qualify for a tourism exemption by-law, which allows opening on some or all statutory holidays — provided your business meets the criteria set out in Ontario Regulation 711/91.
Some stores and geographic areas qualify for a tourism exemption by-law, which allows opening on some or all statutory holidays — provided your business meets the criteria set out in Ontario Regulation 711/91.
If your store doesn't meet the criteria then neither exemption applies and your store must remain closed on statutory holidays.
3
Contact the Regional Clerk's Office to request the application form.
Staff will send you the Regional Municipality of Niagara Application for Tourism Exemption Form.
Staff will send you the Regional Municipality of Niagara Application for Tourism Exemption Form.
4
Complete the form.
The Execution of Applicant section must be completed by a Commissioner of Oaths before you submit it to the Region.
The Execution of Applicant section must be completed by a Commissioner of Oaths before you submit it to the Region.
5
Submit your application with the non-refundable fee.
Fee amount depends on your store's size and staff count.
Fee amount depends on your store's size and staff count.
6
Allow at least 90 days for the process to complete.
This covers 30 days' notice of a public meeting, a 30-day appeal period, and internal procedural and scheduling requirements.
This covers 30 days' notice of a public meeting, a 30-day appeal period, and internal procedural and scheduling requirements.
Application fee
| Retail establishment | Application fee |
| Under 2,400 sq. ft. of public-serving area, with 3 or fewer staff serving the public at any time | $750.00 |
| Under 2,400 sq. ft. of public-serving area, with more than 3 staff serving the public at any time | $850.00 |
| 2,400 sq. ft. or more of public-serving area | $850.00 |