York Region faces criticism for being statutory holiday grinch
York first in GTA to implement bylaw that allows businesses to stay open on statutory holidays. Critics say no public consultation was done beforehand.

Thestar.com
Noor Javed
Dec. 17, 2017

York Region is facing criticism for taking away the one thing retail workers look forward to all year -- statutory holidays.

Last month, while the city of Toronto was conducting extensive consultation with retail workers about the merits of keeping businesses open on nine statutory holidays, York politicians quietly passed a bylaw making it law as of Jan. 1 with little consultation with the workers themselves.

And last Thursday, even when given the chance to reconsider the bylaw after labour organizers and workers came out to a regional meeting to protest the impact of the new law on their lives, it did little to sway the votes of many of those at the table.

The Holiday Shopping Bylaw, passed in November, allows retailers to operate almost all stat holidays, should they choose to do so. The bylaw requires that stores stay closed on Christmas.

Markham Mayor Frank Scarpitti, who opposed the bylaw both times, issued a news release expressing his disappointment with the process.

Markham Mayor Frank Scarpitti opposed the holiday opening bylaw and said he was disappointed the "concerns of tens of thousands of retail employees" were ignored.

Markham Mayor Frank Scarpitti opposed the holiday opening bylaw and said he was disappointed the "concerns of tens of thousands of retail employees" were ignored.  (Steve Somerville/Metroland)

“I am extremely disappointed council members chose not to listen to the concerns of the tens of thousands of retail employees impacted by this bylaw and have closed the door on public consultation,” said Scarpitti, referring to a petition signed by thousands of retail workers in York. “York Region Council was given a sober second chance, a chance to step back and think of how we could have approached this differently.”

“We should have embraced public consultation. There are thousands of retail workers who do not know this bylaw has been passed. They are going to find out in the new year. Why are we treating retail workers differently from the rest of the society?” Scarpitti said.

Over 64,000 people in York Region work in the retail sector.

In November, after months of extensive public consultation and public meetings, the city of Toronto voted not to amend the Holiday Shopping Act, which states that retailers of a certain size not designated as tourist sites, are required to be closed on the following nine public holidays: New Year's Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day and Christmas Day.

Peel Region and Durham Region also require businesses to close on statutory holidays.

Deb Henry, a grocery store worker, who was active in the Toronto campaign, said the city’s decision was a victory for retail workers, many of whom look forward to the “nine days of rest.”

“We work very hard, and here are nine guaranteed days that retail workers have to rest, spend with their families and that they know were theirs,” said Henry. “And now they are gone.”

Under Ontario’s Retail Business Holiday Act (RBHA), many businesses are already allowed to open every day of the year and these include: pharmacies, convenience stores, restaurants, laundromats and any other shop under 2,400 square feet. Businesses requesting to stay open on certain days are permitted to apply for an exemption from the region.

A staff report on the bylaw said the region has approved 31 exemptions since 1995, but felt this bylaw would create better uniformity across the municipality.

The report said that staff consulted with economic development officers, chambers of commerce and Business Improvement Associations to solicit feedback. They also received “supportive” feedback from eight of the nine municipalities  including King Township, and the Town of Georgina, who said they did their own public consultation.

The region did not respond to questions about why extensive consultation with retailers was not recommended or conducted before enacting the law.

But Debra Scott, president & CEO of the Newmarket Chamber of Commerce, says the new bylaw “levels the playing field by allowing businesses to remain competitive with other retailers in surrounding municipalities, both in and outside of the region.”

She says giving businesses the option of staying open will allow them to better compete with online shopping. Moreover, the law is optional, she says.

“The best part about the Holiday Shopping Bylaw is that it's now up to businesses to decide whether they want to remain open or closed,” she said.

But one man, who works in a specialty food store in Markham, says there are few options at his level.

“When the manager tells you that you have to work, you can’t say no,” he said. “I’m so worried. This is so unfair for us. I have no power. Retail workers are those at the end of the line, and we always end up suffering the most.”

John Cartwright, president of the Toronto and York Region Labour Council, who led the protest in council last week, says the fight for holidays is far from over.

“It’s a question of democracy,” said Cartwright, adding workers can submit their thoughts at yorkregionspeaksout.ca. “You shouldn’t pass dramatic policy that directly impacts on the lives of tens of thousands of people without a public process,” he said, adding the union is striving to make this an election issue. “It’s untenable.”