Unless Exempted, Cannabis Stores Must Generally Close in Ontario On New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day
Ues. Under the Retail Business Holidays Act, retail businesses in Ontario must generally close on the province’s nine public holidays unless subject to an exemption.
That’s despite:
• The law generally exempting liquor sales, pharmacies, and small stores that sell tobacco, food, antiques or handicrafts.
• The AGCO not enforcing the prohibition – it’s under the purview of the Ministry of Public & Business Service Delivery, and enforcement seems spotty at best
• Many cannabis retailers (and other non-cannabis stores) seem to flout the rules
• You would think that for harm reduction purposes, the government wouldn’t want folks to turn to liquor if they can’t buy cannabis on the very days individuals turn to intoxicants
• You would think the government wouldn’t want to cede cannabis sales to the illicit market 9 days of the year.
Municipalities may enact exemptions, for example, by designating tourism zones. And the City of Toronto is exempt from the Act, but has its own corresponding by-law and exemptions.
Practically speaking, many, many cannabis stores are not within an exempted area, and thus must close on those days or risk enforcement.
That’s on top of labour laws under the Employment Standards Act administered by the Ministry of Labour that require most employers to obtain written consent from their workers to work on public holidays and make public holiday pay to them – so if you’ve both opened up shop on a public holiday and haven’t paid your workers public holiday pay, those are two potential legal violations and two Ministries you might be hearing from.
The Retail Business Holiday Sales Act applies to the following holidays (subject to change):
New Year’s Day
Family Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day (December 26)
If you are having trouble figuring out your legal obligations as a cannabis retailer, don’t hesitate to reach out.
Do Cannabis Stores Need to Close on Holidays in Ontario?
Yes. Unless Exempted, Cannabis Stores Must Generally Close in Ontario On the Province’s Public Holidays as per the Retail Business Holidays Act. That includes New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.
