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Sunday shopping changes 'not fair' for retail grocers

FEATURE -- SUNDAY SHOPPING: New changes to the Sunday Shopping Act may take pressure off the Department of Justice to reopen the issue, but grocery stores in the area still think the regulations are unfair.

By Victoria Fowler <victoria.fowler@dal.ca>

Posted: Feb. 16, 2006

Grocery stores such as Sobeys cannot open under the rules of Sunday shopping. Photo: Victoria Fowler

Grocery stores such as Sobeys cannot open under the rules of Sunday shopping. Photo: Victoria Fowler

The Justice Department of Nova Scotia announced Monday that there will be changes to  the Retail Business Uniform Closing Day Act that defines the rules for some Nova Scotia businesses.

The department said in a press release that drug stores can dedicate no more than 2,000 square feet of their retail space to food. The release also stated that a drug store cannot have a retail sales area of more than 20,000 square feet.

This announcement comes a few days after premier-designate Rodney MacDonald vowed not to bring the issue of Sunday shopping back onto the table.

"I have no plan on holding up that issue in the short term," said MacDonald Saturday night after winning the vote and securing his post as next premier.  "I think it will be an issue in the longer term. I hope it's not an issue we have to deal with for a year and a half to two years."

Nova Scotia is the only province in Canada that does not allow some form of Sunday opening. A 2004 plebiscite resulted in 55 per cent of Nova Scotians rejecting the idea of retail stores opening on Sundays. The province's closest neighbour, New Brunswick, allows Sunday shopping year round, with most stores open from noon until five.

The Sunday shopping issue has divided Nova Scotians for years. Residents of urban centres typically work long hours and have lots of places to shop, whereas rural residents have fewer retail opportunities and tend to frame the issue in terms of family values.

Voters in the Halifax Regional Municipality voted narrowly in support of the plebiscite, with 51 per cent of voters in favour of Sunday openings, but rural voters were more forceful in their opposition.

Allen Holden, an employee at a downtown Halifax hotel, said he supports Sunday shopping and would like to see more stores open because shoppers might be going elsewhere to spend their money.

"I love Sunday shopping," said Holden. "I think it's very harmful to the economy to not allow it. Otherwise Nova Scotians who want Sunday shopping are just going to spend their gas and their money driving to Moncton to spend it out of the province."

Holden said he does not understand the Retail Business Uniform Closing Day Act and the rules surrounding Sunday openings.

"I don't understand why the government will allow small businesses, such as Pete's Frootique to be open on Sunday, and tell giant stores, Superstore for example, to be closed. It's not fair."

Government will respect results of 2004 plebiscite

Stores in the Halifax Shopping Centre are also restricted from Sunday openings. Photo: Victoria Fowler

Stores in the Halifax Shopping Centre are also restricted from Sunday openings. Photo: Victoria Fowler

Justice Minister Michael Baker said he would respect the results of the 2004 Sunday shopping plebiscite in reference to the newest amendments.

"These amendments are meant to further help Nova Scotia businesses determine if they can open on Sunday,"  Baker said Monday.

MacDonald also said he would honour the decision made by Nova Scotians in the 2004 plebiscite.

"We made a decision to go with the plebiscite," said MacDonald. "We are still very divided on this issue in the province and it's going to come back up. Were going to have to deal with issue once again."

Dirk Romaine, a spokesperson for the parent company of grocery giant Atlantic Superstore, said the new regulations would have no impact on drug stores that sell groceries.

"As far as we're concerned, it doesn't do anything to help level the playing field," said Romaine.  "Large drug stores will continue to be open and allowed to sell food on Sundays and the new regulations will simply preserve the status quo and again, do nothing to level the playing field."

Gerald Weseen, a senior communications officer with the Atlantic grocer Sobeys, echoed the comments of the Atlantic Superstore, saying it is not fair for drug stores with food marts to be open on Sundays.

"Sobeys' position is that the current legislation and regulations (the Retail Business Uniform Closing Day Act) do not allow a level playing field for all retailers," said Weseen.  "Our issue is with equitable impact on all retailers, in our case, stores that sell food and groceries."

Weseen said the grocery chain has not proposed solutions to the province, but it has stated its' case in the strongest possible terms. He said Sobeys has not taken a strong position for or against Sunday shopping, and it acknowledges the province's authority to regulate hours, saying all it wants is fairness among retailers.

"We believe the current rules need to be re-examined and fixed to address the issue of equitability," said Weseen.

Changes happening March 1

Department of Justice spokeswoman Carla Grant said the changes to the legislation came after meeting with various businesses throughout the province.

"Most recently, we met with Sobeys, Superstore and Shoppers Drug Mart to discuss concerns over the definition of 'drug stores'," said Grant, adding the new amendments concern the definition of drug store.

The Justice Department said amendments will take effect on March 1.