RETAIL BUSINESS HOLIDAYS BY-LAW POLICY REVIEW The Region of Peel
Prepared for The Region of Peel
April 11, 2018
Prepared by (Consultant):
Prepared For (Client):
This document is available in alternative formats upon request by contacting:
[email protected] 416-351-8585 (1-800-505-8755)
April 11, 2018
Deepiga Vigneswaran Region of Peel 10 Peel Centre Drive, Suite A Brampton, Ontario L6T 4B9
RE: Retail Business Holidays By-law Policy Review – The Region of Peel urbanMetrics inc. is pleased to submit the results of our consultation process in relation to the above referenced item. Responding directly to Peel Region’s interest in developing a “Made-in-Peel” policy approach to regulating store openings and closings on statutory (public) holidays, urbanMetrics, working in collaboration with Peel Staff, has consulted broadly on the issue with members of the public, retail workers, and retail business owners. The purpose of this study is to provide Staff and Council at the Region of Peel with opinions, insights and analysis about how recent policy changes to the Retail Business Holidays Act (“RBHA”, “the Act”) could impact residents, workers and retailers if Regional Council were to enact a new By-law pursuant to Section 1.2 of the Act, which enables upper-tier municipalities like Peel Region to opt-out of the Provincial regulations, replacing them with a new municipal by-law that is more closely tailored to local market conditions and circumstance. We trust that the insights contained in this document are informative to your policy review process. We look forward to discussing this matter with you in the days and weeks ahead. Yours truly,
Peter Thoma, MCIP, RPP, PLE Partner [email protected]
www.urbanMetrics.ca | 67 Yonge Street, Suite 804, Toronto, ON, M5E 1J8 | 416-351-8585 (1-800-505-8755) | [email protected]
EXECUTIVE SUMMARY urbanMetrics inc. (“urbanMetrics”) was retained by the Region of Peel (“the Region”, “Peel”) to undertake a consultation process with the public as well as key labour and business stakeholders on matters related to potential changes to the Retail Business Holidays Act (“RBHA”, the Act) in Peel Region. These changes have the potential to alter business, labour and consumer patterns on statutory (public) holidays.
Background: The Region of Peel is responsible for administering the RBHA on behalf of the Province of Ontario. Peel Region By-law 18-1999 provides the legal framework for Peel Region to administer the regulatory requirements of the RBHA and the accompanying Ontario Regulation 711/91, which include provisions granting tourism-based exemptions to eligible retail applicants. In Peel Region, most stores are legally required to close on statutory holidays. Nonetheless, a handful of individual stores and two major commercial nodes, notably Square One and Bramalea City Centre, have legal permissions in place to open on certain statutory (public) holidays by virtue of their legal exemptions as tourist areas.
Key Policy Change: On December 31, 2016 the Province proclaimed Section 1.2 which significantly modified the RBHA. The new section enables municipalities across Ontario (including Peel) to exert greater authority over retail shopping patterns on statutory holidays. The addition of Section 1.2 now provides an opportunity for Peel, and its regional neighbours, to make policy modifications, including the authority to re-write, replace or rescind the Act within the Region.
This study has been prepared at the direction of Peel Council as a means to better understand the need for, and implications of, changing the policies which regulate store hours in the Region of Peel on statutory (public) holidays.
Scope: This study provides the Region of Peel with market insights and opinions that take into consideration the unique perspectives of a diverse and rapidly growing region. Between January 15th, 2018 and February 28th, 2018, urbanMetrics executed a comprehensive engagement process that collected opinions from over 4,000 individuals, including consumers (the public), labour (retail workers) and industry (store owners and commercial landlords).
www.urbanMetrics.ca | 67 Yonge Street, Suite 804, Toronto, ON, M5E 1J8 | 416-351-8585 (1-800-505-8755) | [email protected] [i]
Key Insights: This study summarizes the key insights of Peel residents and retail stakeholders in relation to matters pertaining to holiday shopping. Key insights and take-aways from this study are highlighted as follows:
What the 1. 36% of Peel residents indicated that they shopped on at least one statutory holiday in the public said: past 12 months.
2. Supermarket and Grocery items were the most sought-after items on statutory holidays. In fact, store-based food purchases outpaced both gasoline (fuel) and restaurant-based purchases - categories which are legally permitted to open on statutory holidays pursuant to the Act.
3. 53% of the public believe that retailers in Peel Region should have the flexibility to choose whether to open or close on statutory holidays. The level of support among younger residents (i.e. those under the age of 35) increase to 58%. The level of support among older residents (i.e. those over 45) decreases to 44% support.
4. 85% of respondents indicated that store size should not be a determining factor for regulating store operations on a statutory holiday, and 64% indicated that the type store should not be a legal determinant for regulating openings or closings.
5. 51% of the public indicated that they would support alternative policies related to regulating store hours on statutory holidays, although to be clear, there was no consensus as to how the policy change should be structured. 49% indicated a preference for the status quo.
What the 6. 61% of Peel retail workers indicated that their place of work was not open on statutory retail holidays. 36% indicated that their store was open. A small number (3%) did not know. workers said: 7. 42% of retail workers indicated that they would like to see stores in Peel be given more flexibility to choose whether to open or close on statutory holidays. Support for flexibility increases dramatically based on the age of the retail employee. The level of support among younger workers (i.e. those under the age of 35) increases to 58%, whereas the level of support among older employees (i.e. those over 45) dropped significantly, to 24% support.
8. 67% of retail workers indicated that they would prefer to see the status quo policies of the Retail Business Holidays Act retained, although 87% and 60% respectively indicated that store size and store type should not be a factor in regulating store openings and closings.
www.urbanMetrics.ca | 67 Yonge Street, Suite 804, Toronto, ON, M5E 1J8 | 416-351-8585 (1-800-505-8755) | [email protected] [ii]
What the 9. 63% of retail business owners in Peel indicated that they would like to see retailers granted retail more flexibility in their ability to choose whether to open or close on statutory holidays. business owners 10. 80% of retailers indicated that they were “unlikely” or “definitely not” interested in opening said: their retail operations on statutory holidays, citing ‘a loss of family time’ as a main reason for electing to stay closed on statutory holidays
11. 78% of retailers indicated that they would prefer to regulate their own hours of operation on statutory holidays.
12. 52% of retail business owners in Peel indicated that they would like to see the current rules around holiday shopping changed.
Policy Directions: Working in collaboration with Staff, urbanMetrics has prepared four “made-in-Peel” policy directions to help guide input on this matter. The options were presented to the public as follows:
www.urbanMetrics.ca | 67 Yonge Street, Suite 804, Toronto, ON, M5E 1J8 | 416-351-8585 (1-800-505-8755) | [email protected] [iii]
Policy Analysis: Each of the four policy options were subsequently evaluated by urbanMetrics within the context of eight 8 key principles and 6 policy outcomes. Both the principles and the outcomes were developed collaboratively by urbanMetrics and Staff and further refined based on feedback from the public.
Key Principles for RBHA Policy Changes Policy Outcomes
1. Progressive in terms of supporting enterprise and 1. To ensure that Peel remains a competitive and job creation. prosperous investment location for both independent and well-established retailers. 2. Fairly and consistently applied across the municipality. 2. To ensure that Peel businesses are not overly burdened by policies that require onerous 3. Simple and easily understood by business, application fees and/or third-party review workers and the public. studies.
4. Representative of prevailing and future business 3. To ensure that rules and definitions contained and technology changes in retail. within the new by-law are clearly articulated and take into account contemporary performance and 5. Focused on the needs of local area residents, not operational standards. tourists. 4. To ensure that Peel businesses are aware of the 6. Non-punitive. statutory obligations related to the conduct of business pursuant to the Employment Standards
7. Respectful of the importance of common pause Act. days for workers. 5. To ensure that Peel workers fully understand their 8. Flexible to allow periodic review and refinements. statutory rights with respect to working on statutory (public) holidays.
6. To ensure that Peel residents are able, wherever possible, to purchase goods and services in Peel on days that suit their needs.
SUMMARY: Section 5 of this report contains a comparative policy evaluation of the four holiday shopping options presented to the public. The evaluation carried out by urbanMetrics suggests that maintaining status quo RBHA policy framework would have limited impact in terms of either supporting or advancing many of the key principles and policy outcomes which were established for this undertaking.
www.urbanMetrics.ca | 67 Yonge Street, Suite 804, Toronto, ON, M5E 1J8 | 416-351-8585 (1-800-505-8755) | [email protected] [iv]
Contents
1.0 Introduction ...... 1 1.1 Background ...... 2 1.2 Study Mandate ...... 2 1.3 Scope ...... 3 2.0 Policy Context ...... 4 2.1 Holiday Shopping Rules Across Canada ...... 5 2.2 Holiday Shopping Rules Across Ontario ...... 6 2.3 Employment Standards Act (ESA) ...... 7 2.4 Retail Business Holidays Act ...... 8 2.5 Ontario Regulation 711/91 Tourism Criteria ...... 8 2.6 Retail Business Holidays Act (*as amended) ...... 10 2.7 Holiday Shopping Rules in the GTA ...... 10 3.0 Key Principles ...... 17 4.0 Public Consultation ...... 19 4.1 On-line Survey ...... 20 4.2 Stakeholder Workshops ...... 25 5.0 Policy Directions ...... 28 5.1 Overview of Policy Options ...... 29 5.2 Community Feedback to Policy Review ...... 30 5.3 Policy Evaluation: Key Principles ...... 31 5.4 Policy Evaluation: Outcomes ...... 32 5.5 Summary...... 33 Appendix A Final Online Survey Results ...... 34 Appendix B Workshop Presentation Deck ...... 36 Appendix C Summary of Workshops ...... 38
Retail Business Holidays By-law Policy Review – The Region of Peel | 1
1.0 Introduction
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1.1 Background Why is this study being done?
On December 31st, 2016, the Province of Ontario proclaimed Section 1.2 of the Retail Business Holidays Act (“RBHA”, “the Act”), giving all upper-tier and single-tier municipalities across Ontario the option to replace the RBHA regime by substituting it with a new municipal by-law regulating retail business holiday closures and the classes of retail businesses. In light of the changes brought about by Section 1.2, Peel Region may, at its discretion, choose to introduce a new by-law that takes a more “open” or “less rigid” approach to regulating retail activity on any or all statutory holidays, or it may choose to leave the current provincial policies and regulations in place. In effect, Section 1.2 grants authority to Peel Regional Council to establish its own self-defined by-law for regulating holiday openings and closures for retail business establishments. On June 8th, 2017, Peel Regional Council approved a staff recommendation to retain a qualified third- party vendor to undertake an analysis and conduct public consultation to help inform the development of a draft Regional Retail Business Holiday By-Law pursuant to Section 148 of the Municipal Act. On September 12, 2017, urbanMetrics inc. (urbanMetrics) was retained by the Regional Municipality of Peel (“Peel”, “the Region”) to undertake a comprehensive evaluation process building upon the work previously carried out by Staff. The materials presented in this study represent the outcomes of an extensive public and stakeholder consultation process involving a myriad of retail interests drawn from across the entire Region.
1.2 Study Mandate What this study is intended to do: This study is intended for information purposes only. It is intended to provide Peel Regional Staff and Peel Regional Council with the necessary insights to make an informed decision that recognizes the prevailing social, economic and legislative conditions that underpin the operation of commercial retail businesses in Peel Region on statutory (public) holidays. As the Region’s consultant, urbanMetrics has:
✓ Reviewed the local, regional, provincial and national policy context for regulating store openings/closures on statutory holidays.
Retail Business Holidays By-law Policy Review – The Region of Peel | 3
✓ Designed and implemented an online survey designed specifically to measure attitudes and opinions of residents, workers and businesses as it relates to potential changes to the way Peel Region regulates openings/closures on nine statutory holidays.
✓ Conducted workshops with the public and stakeholders in Mississauga, Brampton and Caledon to discuss the types of changes, if any, that might be made in Peel pursuant to Section 1.2 of the Retail Business Holiday Act.
✓ Evaluated potential policy options for a “made-in-Peel solution” in terms of a their capacity to support key principles and desired outcomes.
1.3 Scope Who are the Key Audiences? In addition to consulting with neighbouring jurisdictions, specifically the City of Toronto and the Regional Municipality of York, urbanMetrics has focused much of its efforts on engaging three core audiences in Peel Region: the public (Peel consumers), retail workers (part-time and full-time), and retail businesses (including store operators and commercial landlords).
The Retail Retail Public Workers Businesses Public Public
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2.0 Policy Context
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2.1 Holiday Shopping Rules Across Canada The legal landscape for regulating store hours and operating days on statutory (public) holidays is mixed across Canada. In western Canada, retail businesses are generally permitted to open on any day (i.e. including statutory holidays) at the discretion of the owner or manager in the following provinces:
• Saskatchewan • British Columbia • Northwest Territories; and • Alberta • Yukon • Nunavut In the central and eastern portions of Canada, however, retail businesses are generally required to close on statutory holidays. Ontario is the only province that permits exemptions to be considered for certain retail stores and/or categories on the basis of tourism or economic development. Figure 2-1 illustrates the spectrum of regulations for operating retail businesses on statutory holidays. In general, retail establishments in the central and eastern portions of Canada are subject to much more restrictive regulations than those in the west.
Figure 2-1: Spectrum of Regulations for Operating Retail Businesses on Statutory holidays
SOURCE: urbanMetrics inc.
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2.2 Holiday Shopping Rules Across Ontario The Retail Business Holiday Act (“RBHA”, “the Act”) provides single and upper-tier municipalities in Ontario with the legislative authority to grant special exemptions, where it can be demonstrated that certain retail businesses, operating in certain areas of the municipality are able to provide direct service to tourists on one or more statutory (public) holidays. The process for granting specific tourist exemptions pursuant to the Retail Business Holidays Act and the accompanying Ontario Regulation 711/91 are described in more detail below (see Section 2.3 and 2.4). Based on our review of holiday shopping rules across Ontario, over 80 municipalities have municipal by-laws in place that enable selected merchants, or groups of merchants, to open on certain statutory holidays for the purposes of developing and maintaining tourism. Figure 2-2 below summarizes the range and scope of exemptions that are currently in place in Ontario. There are 13 municipalities in the Greater Toronto-Hamilton Area (“GTHA”) that have existing holiday shopping exemptions, and another 68 elsewhere in Ontario. Approximately 40% of these exemptions are applicable for specific designated areas, while 60% are applicable across the whole jurisdiction (i.e. city-wide exemptions). Across Ontario, the most common day that retail establishments are not permitted to operate is Christmas Day (December 25th). While not universal, virtually every tourist exemption in Ontario specifically restricts businesses from openings on Christmas Day.
Figure 2-2: Municipalities in Ontario with Holiday Shopping Exemptions
SOURCE: urbanMetrics inc.
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2.3 Employment Standards Act (ESA) The Employment Standard Act, 2000 provides the minimum standards for most employees working in Ontario. It sets out the rights and responsibilities of employees and employers in most Ontario workplaces, including important provisions for retail and service-based businesses such as restaurants and hotels. The ESA covers a wide range of employment standards, including: minimum requirements for employment; provisions to assist employees with family responsibilities; increased flexibility in work- place arrangements; public holiday pay premiums; and mechanisms for compliance and enforcement. The Act provides the rules and regulations for work on nine public statutory holidays. These days are defined in the Act as:
1. New Year's Day 2. Family Day 3. Good Friday 4. Victoria Day 5. Canada Day 6. Labour Day 7. Thanksgiving Day 8. Christmas Day 9. Boxing Day
The ESA provides workers and employers across Ontario, including those in the retail sector, with the legal framework for addressing labour and employment issues on statutory (public) holidays. Pursuant to Ontario Regulation 285/01, which accompanies the ESA, retail business employees are entitled to:
• Minimum wage • hours of work • daily rest periods • time off between shifts • weekly/bi-weekly rest periods • eating periods • overtime • personal emergency leave • vacation with pay • notice of termination/termination pay • severance pay According to the ESA, retail workers are generally entitled to public holidays. Retail workers are legally entitled to refuse to work on statutory (public) holidays.
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2.4 Retail Business Holidays Act The Retail Business Holidays Act is a provincial statute that restricts the opening of most retail businesses across Ontario on nine statutory (public) holidays. Under the RBHA, most retail-based businesses must remain closed on the following statutory (public) holidays:
1. New Year's Day 2. Family Day 3. Good Friday 4. Easter Sunday 5. Victoria Day 6. Canada Day 7. Labour Day 8. Thanksgiving Day 9. Christmas Day
The RBHA provides a number of exemptions that enable specific stores to legally open on statutory (public) holidays. These stores are defined in the RBHA as follows:
• Small Stores under 2,400 sq.ft. (limited to: foodstuffs, tobacco, antiques, handicrafts) • Pharmacies under 7,500 sq.ft. • Gasoline Stations • Nursery and Flower Stores • Fresh Fruit and Vegetables Stores (only to days falling between April 1- November 30) • Books and Newspapers Stores under 2,400 sq.ft. • Art Galleries under 2,400 sq.ft. • Liquor (including individual establishment licensed under the Liquor License Act) • Tourist Establishment Gift Shops 2.5 Ontario Regulation 711/91 Tourism Criteria
Pursuant to Section 4 of the RBHA, single and upper-tier municipalities may permit, by way of by- law, certain retail business establishments in their jurisdiction, above and beyond those identified above to open on selected statutory holidays for the purposes of developing or maintaining tourism.
Ontario Regulation 711/91 provides the legal framework for municipal councils to extend, at their discretion, special tourism area exemptions to individual merchants and/or groups of merchants (such as Business Improvement Areas and shopping centres). Exemptions may be grant if it can be clearly demonstrated that a merchant or group of merchants operating with a defined area have successfully met all of the eligibility criteria set out in the regulation.
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Retail Business Holidays Act
ONTARIO REGULATION 711/91 TOURISM CRITERIA Consolidation Period: From November 5, 2015 to the e-Laws currency date. Last amendment: O. Reg. 321/15. This is the English version of a bilingual regulation. 1. This Regulation sets out the tourism criteria that must be met before a municipality may pass an exempting by-law under subsection 4 (1) of the Act. O. Reg. 711/91, s. 1. 2. (1) A retail business establishment may be exempted if, (a) it is located within two kilometres of a tourist attraction; and (b) it is directly associated with the tourist attraction or relies on tourists visiting the attraction for business on a holiday. O. Reg. 711/91, s. 2 (1). (2) An exemption granted on an area basis may only be given if, (a) all of the retail business establishments in the area are within two kilometres of the tourist attraction; (b) the area does not exceed that necessary to encompass all of the retail business establishments for which an exemption is sought; and (c) at least 25 per cent of the retail business establishments in the area are directly associated with the tourist attraction or rely on tourists visiting the attraction for business on a holiday. O. Reg. 711/91, s. 2 (2). (3) For the purposes of this section, a tourist attraction is limited to, (a) natural attractions or outdoor recreational attractions; (b) historical attractions; and (c) cultural, multi-cultural or educational attractions. O. Reg. 711/91, s. 2 (3). 3. Each retail business establishment that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public or normally has four or more employees serving the public must, in addition to meeting the tourism criteria set out in subsection 2 (1), provide goods or services on holidays primarily to tourists. O. Reg. 711/91, s. 3. 4. The two kilometre restriction set out in subsections 2 (1) and (2) does not apply to a retail business establishment located in a local municipality, including a local municipality located in a district or regional municipality or the County of Oxford, having a population of less than 50,000. O. Reg. 711/91, s. 4. 5. (1) Despite any other provision of this Regulation, retail business establishments in a municipality may be exempted for up to five holidays a year during which a fair, festival or other special event is being held in that municipality. O. Reg. 711/91, s. 5 (1). (2) Subsection (1) does not apply to parades. O. Reg. 711/91, s. 5 (2). 6. (1) An application for an exemption under subsection 4 (3) of the Act shall contain the following: 1. A description of the area or the retail business establishment for which the exemption is sought. 2. The justification, in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the exemption. 3. Information establishing that the tourism criteria set out in this Regulation are met. O. Reg. 711/91, s. 6 (1). (2) An application in respect of a retail business establishment described in section 3 shall be made only by that retail business establishment. O. Reg. 711/91, s. 6 (2). Francais
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2.6 Retail Business Holidays Act (*as amended) The RBHA was recently amended on December 31, 2016 with the addition of Section 1.2:
Non-application, municipalities 1.2 (1) This Act does not apply to a municipality and does not apply in respect of any by-law of the municipality or any retail business establishment located in the municipality if there is in effect a by-law passed by the municipality providing that this Act does not apply to it. 2006, c. 32, Sched. D, s. 15 (1). Condition for by-law to take effect (2) A by-law under subsection (1) does not take effect until the municipality passes a by-law under section 148 of the Municipal Act, 2001 requiring that one or more classes of retail business establishments be closed on a holiday. 2006, c. 32, Sched. D, s. 15 (1).
The addition of Section 1.2 to the Act provides municipal councils greater authority to redefine - or deregulate the hours and days businesses may choose to open on one or more statutory holidays. In the event that a municipality chooses to enact a By-law pursuant to Section 1.2 of the Act, the municipality must ensure that there are adequate provisions in place to safeguard the importance of retaining, at a minimum, one common-pause day each year where all stores are required to close. By-laws passed by municipalities pursuant to this provision must also include clear language that underscore the legal obligations contained within the Employment Standards Act.
2.7 Holiday Shopping Rules in the GTA The term, unlevel playing field is used widely in the debate that frames holiday shopping in Ontario, and the GTA more specifically. At the local level, merchants often express frustration that certain areas or certain store types are exempted from holiday shopping rules even though the goods and services being offered are largely being consumed by local area residents, not tourists. For Peel Region, the situation has become increasingly more complex because neighbouring jurisdictions, notably Toronto and York Region have taken vastly different approaches to regulating shopping patterns on statutory holidays.
The City of Toronto The City of Toronto was the first jurisdiction in Ontario to be legally exempted from the Retail Business Holiday Act. As part of a broader legislative process, the RBHA was rescinded in the City of Toronto with the introduction of the Toronto Act which came into effect in 2006.
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Since that time, the City of Toronto has made little change with respect to modifying the baseline rules and regulations around store openings on statutory holidays. In fact, all tourist area exemptions that currently exist within the City of Toronto (i.e. Toronto Eaton Centre, the Distillery District, Bloor- Yorkville, portions of Yonge Street and Queens Quay Terminal) were all granted before 2006. Notwithstanding greater municipal authority to regulate, alter or modernize holiday shopping rules and regulations, the City of Toronto has seen no new exemptions since 2005. As illustrated in the map below, all grandfathered exemptions in the City ofToronto are situated within the central (downtown) area. There are no exemptions in-place in Etobicoke, North York or Scarborough.
The City of Toronto currently enforces store closures on statutory holidays through Chapter 510 of the Municipal Code. Interestingly, Chapter 510 leverages the exact same (verbatim) definitions contained in the RBHA in terms of store sizes and categories permitted to open on statutory holidays. Definitions aside, Chapter 510 provides no legal mechanism for would-be applicants to establish new exemptions. To be clear, the City of Toronto has no formalized intake process to receive or evaluate potential applications from would-be merchants or groups of merchants seeking similar permission to those granted in downtown Toronto. Many retailers in Toronto question the fairness and equity of the City’s rigid policy approach when it comes to holiday shopping. Case in point: Yorkdale Shopping Centre and the Toronto Eaton Centre maintain consistent land-use designations under the Toronto Official Plan. They are subject to the same municipal property tax assessment formula. Operationally, they are comprised of the same commercial tenancies and the same composition of employment. Nonetheless, Yorkdale is legally required to close (with no recourse for change), whereas the Toronto Eaton Centre is permitted to open in accordance with permissions previously granted under the legacy RBHA policies.
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A similar argument around fairness and equity has also been advanced by street-front merchants in Toronto. For example, the Toronto Association of Business Improvement Areas (or “TABIA”) which represents 83 BIAs and upwards of 40,000 commercial storefronts, has consistently advocated that Chapter 510 be modified to allow greater flexibility and choice for business owners to decide whether opening on statutory holidays is in the interests of their customers and their workers. In 2015, the Provincial Courts ruled in favour of a major supermarket chain (Longo’s) that had been issued a fine for operating on a statutory holiday. The provincial court determined that the definitions contained in Chapter 510 were vague and ambiguous in so far as they related to businesses engaged in selling “prepared meals.” As a result of the Provincial court ruling, the City in 2017 modified Chapter 510 to tighten up the definitions and eliminate any loopholes that would enable grocery-store retailers to open under the guise of serving prepared meals to the public. When it comes to holiday shopping, the City of Toronto has been locked into a very long and protracted debate around the need for changes (and modernization) to its existing policy approach. The holiday shopping issue has been debated by Toronto Council in 2006, 2008, 2010, 2012, 2015 and 2017. Public opinion research carried out in Toronto over the past decade has consistently indicated that the majority of Torontonians (60+%) support a more relaxed stance on store openings on statutory holidays. Notwithstanding Council’s position against holiday shopping, Staff at the City of Toronto have consistently come forward with reports and recommendations that seek to mitigate the inconsistent rules with a less restrictive policy regime that recognizes the growing diversity of residents and the changing needs of retailers. Notwithstanding these recommendations, Toronto City Council has consistently voted against any move that would lead to a greater number of stores openings in the City on statutory holidays.
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York Region Over the past decade, York Region had granted over 26 separate tourist area exemptions covering a broad array of commercial interests, including: several main street shopping areas (Unionville, Newmarket, Georgina), several regional shopping centres (Vaughan Mills, Markville, Hillcrest, Upper Canada, Pacific Mall, et.al) as well as several single-store operators (i.e. supermarkets, specialty grocery stores and big box stores). To some extent, York Region’s history and track-record for approving tourist area exemptions on an annual incremental basis was accelerated by a succession of applicants seeking fairness and consistency. For example, the decision to permit Vaughan Mills Shopping Centre to open on statutory holidays established a clear precedent for every other regional shopping centre across York to follow suit. In light of an escalating number of RBHA applications in combination with recent changes to the Act (i.e. Section 1.2), Council directed staff to report back on options that would modernize the Region’s approach to dealing with tourist area exemptions under the Act. On November 16, 2017, York Region passed a new by-law (No. 2017-55) in accordance with the new provisions of ✓ Section 1.2 of the Act. As of January 1st, 2018, all retailers within York Region ✓ are now permitted to open - at their discretion - on any statutory holidays, except ✓ ✓ Christmas Day. ✓ ✓✓ In passing the new by-law, York Region effectively ✓ eliminated all previous ✓ provisions and restrictions ✓ related to store type, merchandise categories and store size.
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Peel Region Over the past three decades, Peel Region has approved eleven separate exemptions to the RBHA, seven of which are retail-based tourist area exemptions. Peel’s RBHA exemptions are summarized in the chart and map below.
By-law Business Holiday Comments 167-79 Exhibition halls and conventions All Allows all exhibition halls and carried in centres operating in Peel Region conventions centres in Peel Region to 128-80 be open on any holiday or Sunday
184-82 Antique Stores; Arts and Craft All Area bounded by east side of Stores; Art Galleries; Auction Goreway Drive from Derry Road to Centres; Flea Markets; Book CNR; West side of Airport Road from Stores; Fruit Markets; Tobacco, Derry Road to CNR Gifts and Souvenirs 21-83 Fruit Markets on both sides of All Allows Bramalea Fruit Market and Highway 7 from Dixie Road to Longos to be open during any holiday Airport Road or Sunday
130-83 Port Credit BIA (City of All Port Credit BIA is situated north of amended Mississauga) Lake Ontario, east of Credit River, by 36-87 south of CNR tracks and west of Seneca Avenue 89-96 All retail stores in Peel Region Boxing Day Allows all businesses to be open on December 26th
40-98 Mississauga Chinese Centre (888 All No restrictions on hours Dundas Street East, Mississauga)
105-2009 Mississauga Square One New Year’s Day; Family Day; Allowed to open six holidays Victoria Day; Canada Day; Labour Day; Thanksgiving Day
97-2011 Bramalea City Centre New Year’s Day; Family Day; Allowed to open six holidays Victoria Day; Canada Day; Labour Day; Thanksgiving Day
24-2013 Garden Foods-Bolton Ltd. Good Friday; Victoria Day; Canada Day; Allowed to open five holidays Labour Day; Thanksgiving Day
34-2015 T & T Supermarket (715 Central New Year's Day; Good Friday; Easter Sunday; Allowed to open seven holidays Parkway, Mississauga) Victoria Day; Canada Day; Labour Day; Thanksgiving Day
44-2016 Yuan Ming Supermarket Ltd. New Year's Day; Good Friday; Easter Sunday; Allowed to open seven holidays (1000 Burnhamthorpe Road, Victoria Day; Canada Day; Labour Day; Mississauga) Thanksgiving Day
SOURCE: urbanMetrics inc.
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Existing RBHA Exemptions in Peel Region
SOURCE: urbanMetrics inc.
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Exemptions in the Region of Peel Current Peel Region Process Map for RBHA Applications Applications for exemptions are processed (modified By-law 18-1999) in accordance with a procedure approved by Regional Council through By-law 18-1999 (which replaced the original By-law 58-92). Exemption Applications are to be submitted to the Director of Development Services.
Peel Application Requirements Applicants are required by By-law to complete a request in a format illustrated in Appendix E (E1 for an individual establishment or an area and E2 for a special event) and must submit a Fee, established in the Fees By-law 60- 2016, in the amount of $1,500.
Actual costs associated with advertising the Public Notice in the newspaper will be recovered. Development Services staff will contact the applicant and request payment after the Public Notice has been advertised.
Process The Development Services Division (DS) of Public Works will circulate the proposal to prescribed and discretionary persons and agencies and prepare a report to Regional Council as to whether the proposal satisfies Provincial Criteria and whether a Public Meeting should be held.
If a Public Meeting is requested by Council, DS will prepare a draft implementing By-law and cause notice to prescribed persons and agencies.
Duration The process will take 180 days to enable the necessary statutory notice periods, including an opportunity for any party to appeal an application to the Ontario Municipal Board.
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3.0 Key Principles
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In laying out potential options for modifying the way in which store openings and closures are regulated in Peel Region on statutory holidays (sometimes referred to as “A-Made-In-Peel RBHA Policy Solution”), this section presents a series of principles and desirable policy outcomes that reflect the social and economic fabric of Peel Region. The principles and policy outcomes defined below were developed by urbanMetrics in collaboration with Peel Staff. They have been presented and reviewed with the public as part of the consultation process.
Recommended Key Principles Recognizing that retail is a leading economic sector and employer within the economy, new RBHA regulations in Peel should be:
1. Progressive in terms of supporting enterprise and job creation.
2. Fairly and consistently applied across the municipality.
3. Simple and easily understood by business, workers and the public.
4. Representative of prevailing and future business and technology changes in retail.
5. Focussed on the needs of local area residents, not tourists.
6. Non-punitive.
7. Respectful of the importance of common pause days for workers.
8. Flexible to allow periodic review and refinements.
Policy Outcomes 1. To ensure that Peel remains a competitive and prosperous investment location for both independent and well-established retailers.
2. To ensure that Peel businesses are not overly burdened by policies that require onerous application fees and/or third-party review studies.
3. To ensure that rules and definitions contained within the new by-law are clearly articulated and take into account contemporary performance and operational standards.
4. To ensure that Peel businesses are aware of the statutory obligations related to the conduct of business pursuant to the Employment Standards Act.
5. To ensure that Peel workers fully understand their statutory rights with respect to working on statutory (public) holidays.
6. To ensure that Peel residents are able, wherever possible, to purchase goods and services in Peel on days that suit their needs.
Retail Business Holidays By-law Policy Review – The Region of Peel | 19
4.0 Public Consultation
20 | Retail Business Holidays By-law Policy Review – The Region of Peel
urbanMetrics was retained by the Region of Peel to undertake a comprehensive and wide-ranging public engagement process on matters related to the Retail Business Holidays Act (as amended) and Peel By-law 18-1999. Our consultation strategy has considered the insights of three core audiences in Peel Region: the general public (consumers); retail workers (part-time and full-time) and retail business (merchants, business improvement areas, and shopping centres). The consultation process included two key components: an online survey (step 1) and stakeholder workshops supported by live-audience polling (step 2).
4.1 On-line Survey urbanMetrics, working in collaboration with Peel Staff, designed and implemented an online survey targeting the three core audience groups – the public, retail workers and retail businesses. Over a six-week period over 4,300 individuals were connected to the Peel RBHA review process through various online outreach tactics. The following table summarizes the key parameters of the online survey:
Launch Date January 15th, 2018 Close Date February 28th, 2018 Active Days 44 days Total Engagements 4,300 Completion Rate 84% Total Completions 3,620 The Public 3,089 Retail Workers 467 Retail Businesses 55 Press Releases – Survey Yes (supported by Peel Region Corporate Communications) Press Coverage – Survey Yes (supported by stories in Mississauga, Brampton, Caledon local-area newspapers) Social Media Circulation Yes (facebook, twitter) Website Links Yes (www.peelregion.com) Email Circulation Yes Notifications/Outreach Yes (including: organized labour, chambers of commerce, local economic development partners, shopping centre owners, business improvement areas, shopping centres, retail trade organizations)
Compete Online Results The complete results of the online survey are summarized in detail in Appendix A.
Retail Business Holidays By-law Policy Review – The Region of Peel | 21
This Process was widely publicized and canvassed.
22 | Retail Business Holidays By-law Policy Review – The Region of Peel
Key Findings The Public (n=3,089)
Survey Question Results Consultant’s Conclusion(s) PREVALENCE 36% of Peel residents indicated that they had made Recognizing that the vast majority of stores in Peel In the past 12 months purchases in a retail store on a statutory holiday in Region are closed as per the prevailing RBHA rules, have you made purchases Ontario in the past 12 months. Approximately 31% approximate one-third of all Peel residents in a store on a statutory of respondents indicated that they had made retail surveyed indicated that they are seeking out holiday in Ontario or in purchases on statutory holidays in stores within Peel shopping options on one or more statutory Peel Region? Region. holidays. Food and grocery related purchases were among the most commonly cited purchases. (see Q7 and Q8)
RULE CHANGES The majority of respondents indicated that the Recognizing that the rules and regulations Should store size or store current rules around store size and store types contained in the RBHA were established more than type/category be a factor should not be a factor in determining whether a thirty years ago, the size and category definitions in determining whether business can open on a statutory holiday. 85% appear to be out-dated and inconsistent with stores should be indicated that store size should not be a changes that have taken place in the retail permitted to open on a determining factor, and 64% indicated that store landscape. Over the past decade, retailers have statutory holiday? type should not be a determining factor. made significant modifications to their mainline offerings, often introducing new categories and (see Q11 and Q13) merchandise options to appeal to consumer needs. FLEXIBILITY (CHOICE) 53% of respondents indicated “Yes” that they would Notwithstanding the relatively split opinion on this Should retailers in Peel like to see retailers in Peel given more flexibility to question (53%=yes : 47% =no), age appears to be Region have the flexibility choose whether to open or stay closed. the most instructive variable in determining to choose whether to be response patterns.
open or closed on NB: The age of the respondent reveals significant Attitudes about holiday shopping in Peel Region statutory holidays? variance in responding to this question. Support for have less to do about where you live, and more to flexibility (choice) is more prevalent among younger do with how old the individual is. Respondents (see Q15) respondents, whereas older respondents indicated under the age of 35, for example, are unlikely to a preference for less flexibility (choice). remember a time where most stores were closed • 18-34 - 58% Yes/Flexibility on Sundays and are more accustom to retail • 35-44 - 52% Yes/Flexibility operating seven days a week. Older respondents, • 45-64 - 45% Yes/Flexibility however tended to prefer that holiday shopping • 65+ - 43% Yes/Flexibility regulations (at least in some form) be upheld for the sake of preserving family-values and long- standing cultural traditions.
HOURS OF OPERATION 56% of respondents indicated that they would like If Peel Region decides to implement changes to the Should retailers be able to to see Peel Region maintain some form of existing RBHA rules, consistent store hours for all dictate their own store regulation over business hours on statutory retailers on statutory holidays would be beneficial hours on statutory holidays. (i.e. 11AM to 5PM). holidays? (see Q40 and Q41)
POLICY DIRECTIONS 51% of Peel residents (the public) indicated that The public is clearly split on the issue of whether Currently the RBHA they would like to see a more permissive approach holiday shopping rules in their current form should prohibits most retailers n to the way holiday shopping is regulated in Peel be revised/updated or maintained as-is. Peel from operating on Region. Attitudes were relatively split in terms of statutory holidays. How whether Peel should permit “wide-open” holiday should shopping on shopping (i.e. all stores/all days) vs a more statutory holidays be restrictive approach (i.e. certain stores on certain regulated in Peel Region? days). (see Q20)
Retail Business Holidays By-law Policy Review – The Region of Peel | 23
Retail Workers (n=476)
Survey Question Results Consultant’s Conclusion(s) PREVALENCE 61% of retail store workers indicated that their place Given that relatively few stores are currently Is your place of work open of work was not open on statutory holidays. 36% permitted to open in Peel, we believe that that on statutory holidays? indicated that their store was open. 3% indicated the sample of retail workers reflects a relatively
they did not know. broad spectrum of interests, including both full- (see Q26) time and part-time workers, which accounted for 53% and 48% of the sample respectively.
RULE CHANGES The majority of retail workers indicated that the Recognizing that the rules and regulations Should store size or store current rules around store size and store types contained in the RBHA were established more type/ category be a factor should not be a factor in determining whether a than thirty years ago, the size and category in determining whether business can open on a statutory holiday. 87% definitions contained in the policy appear to be stores should be permitted indicated that store size should not be a determining out-dated and inconsistent with changes that to open on a statutory factor, and 60% indicated that store type should not have taken place in the retail landscape. holiday? be a factor.
(see Q34 and Q36)
FLEXIBILITY (CHOICE) 42% of store employees indicated “Yes” that they The majority of store workers (58%) support the Should retailers in Peel would like to see retailers in Peel given more position that store openings on statutory holiday Region have the flexibility flexibility to choose whether to open or stay closed. should be regulated. to choose whether to be open or closed on statutory NB: The age of the respondent revealed significant holidays? variance in responding to this question. Like the public at-large, support for flexibility (choice) is more (see Q38) prevalent among younger store workers, whereas older workers indicated a preference for less flexibility (choice). • 18-34 - 59% Yes/Flexibility • 35-44 - 42% Yes/Flexibility • 45-64 - 24% Yes/Flexibility
HOURS OF OPERATION 55% of respondents indicated that they would like If the Region decides to implement changes to the Should retailers be able to to see Peel Region enforce hours of operation for existing RBHA rules, consistent store hours for all dictate their own store retailers on statutory holidays. retailers on statutory holidays would be beneficial hours on statutory (i.e. 11AM to 5PM). While there is no clear holidays? consensus on specific hours, 12PM to 5PM was cited as the most popular operating period. (see Q40, Q41, Q42)
POLICY DIRECTIONS 67% of store workers in Peel indicated that they Retail workers clearly prefer that stores not be Currently the RBHA would like to see the status quo holiday shopping given the option to open on statutory holidays. prohibits most retailers n rules maintained. Peel from operating on If the Region were to change the existing policies, statutory holidays. How retail workers would prefer to see a more limited should shopping on approach, whereby certain stores would be statutory holidays be granted permission on some, but not all, statutory regulated in Peel Region? holidays.
(see Q43)
24 | Retail Business Holidays By-law Policy Review – The Region of Peel
Retail Business Owners (n=55)
Survey Question Results Consultant’s Conclusion(s) PREVALENCE 68% of store merchants indicated that their None. Is your retail store open on establishment was not open on statutory holidays. statutory holidays?
(see Q49)
RULE CHANGES The majority of retail business owners indicated that Recognizing that the rules and regulations Should store size or store the current rules around store size and store types contained in the RBHA were established more than type/ category be a factor should not be a factor in determining whether a thirty years ago, the size and category definitions in determining whether business can open on a statutory holiday. 85% contained in the policy appear to be out-dated and stores should be permitted indicated that store size should not be a determining inconsistent with changes that have taken place in to open on a statutory factor, and 80% indicated that store type should not the retail landscape. holiday? be a factor.
(see Q55 and Q57)
FLEXIBILITY (CHOICE) 63% of retail business respondents indicated “Yes” The majority of retail business owners support the Should retailers in Peel that they would like to see retailers in Peel given idea that that store openings should be less Region have the flexibility more flexibility to choose whether to open or stay regulated, or at-least less rigid than the current to choose whether to be closed. policy framework allows. open or closed on statutory holidays?
(see Q59)
HOURS OF OPERATION 78% of respondents indicated that they would If the Region decides to implement changes to the Should retailers be able to prefer to regulate their own hours of operation. existing RBHA rules, consistent store hours for dictate their own store retailers on statutory holidays would be beneficial hours on statutory (i.e. 11AM to 5PM). While there is no clear holidays? consensus on specific hours, 10AM to 4PM was cited as the most desirable operating period by (see Q40, Q41, Q42) merchants.
POLICY DIRECTIONS 52% of retail business owners in Peel indicated that Retail business owners marginally prefer that the Currently the RBHA they would like to see the rules around holiday rules around holiday shopping be altered through prohibits most retailers in shopping changed. new policy. There is no clear consensus which Peel from operating on option might be most favourable, but flexibility to statutory holidays. How choose to open or close (as per Q59) appears to be should shopping on the preferred way forward. statutory holidays be regulated in Peel Region?
(see Q64)
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4.2 Stakeholder Workshops urbanMetrics, working in consultation with Peel Region staff carried out a series of workshops with members of the public, retail workers and representatives from the retail industry. Between February 20th and February 26th a total of six workshops were carried out. Attendees at each session were presented with interim online polling results. The objectives of the workshops were to openly share survey and discuss the survey results, and to seek additional input from stakeholders in terms of potential policy changes to the RBHA in Peel Region. A sample copy of our workshop presentation package is presented in Appendix B for more information. The sessions were supported by the use of live-audience polling devices. Each attendee was issued one wireless key pad to register their responses.
PUBLIC* (evening)
• Mississauga Valley Community Centre • Terry Miller Recreation Centre Brampton • Caledon East Community Complex
RETAIL WORKERS (daytime)
• Mississauga – Erin Mills Town Centre (by invite) • Brampton – Bramalea City Centre (by invite)
RETAIL BUSINESSES (daytime)
• Bramalea City Centre (by invite)
* Public session included retail worker and business owners.
Compete Workshop Polling Results The complete results of the live audience polling survey are summarized in Appendix C.
26 | Retail Business Holidays By-law Policy Review – The Region of Peel
STAKEHOLDER ENGAGEMENT (SAMPLE INVITES)
Retail Business Holidays By-law Policy Review – The Region of Peel | 27
Key Findings Based on attendee sign-in sheets a total of 78 individual stakeholders participated in the RBHA policy review workshops series.
Public Sessions Attendance at the public sessions in Caledon, Mississauga and Brampton was largely comprised of retail workers, particularly those in the supermarket/grocery store category. Members of public were on-hand in the Mississauga and Brampton sessions, however many of non-worker participants indicated that they had previously worked in retail in some capacity. Audience responses to the materials presented were clearly weighted in favour of those who fundamentally opposed any changes to the existing policy framework. Overwhelmingly, attendees at all three public sessions expressed their desire to see the status quo rules for holiday shopping retained in Peel Region, with some suggesting that Peel Region should go one step further by rescinding all previously granted tourist area exemptions.
Retail Workers Sessions urbanMetrics hosted two retail-worker specific workshops. These workshops were comprised of employees at two comparable regional shopping centres:
• Erin Mills Town Centre (which is closed on statutory holidays), and • Bramalea City Centre (which is legally permitted to open on six statutory holidays) Employees at these centres were invited to share their personal insights with respect to holiday shopping. Attendees generally favoured a policy approach that enabled more stores to be open on statutory holidays.
Retail Business Owner Sessions urbanMetrics hosted one session designed to bring together retail interests from across Peel. While representation was more concentrated among corporate-type retailers (including large commercial landlords), the attendees shared a common viewpoint: the existing RBHA policy framework in Peel should be modified in favour of greater flexibility choice.
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5.0 Policy Directions
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5.1 Overview of Policy Options In keeping with the Council-approved recommendation for considering a “made-in-Peel solution” to the Retail Business Holidays Act issue, urbanMetrics, working in collaboration with Staff, have established four (4) high level policy option for consideration. The options are intended to support the policy framework for any new by-law developed by Peel Region pursuant to Section 1.2 of the Retail Business Holiday Act. These options outlined below were presented to the public for comment and feedback.
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5.2 Community Feedback to Policy Review
Public Feedback Results gathered through the online survey indicated that 49% of residents favoured the Status Quo. During the consultation process (the public workshops), the degree of support for a Status Quo approach increased to about 80%. It is important to note that the public meetings in Mississauga, Brampton and Caledon were strongly represented by the interests of unionized store workers in the supermarket sector, including a number of participants that came out to all three sessions
Retail Worker Feedback Results gathered through the online survey indicated that 67% of retail workers favoured the Status Quo. In the retail workshops held at Erin Mills Town Centre and Bramalea City Centre, there were divergent opinions with somewhat less support for maintaining the status quo, with some workers expressing a preference for all stores and business across Peel to remain closed.
Retail Business Owner Feedback Results gathered through the online survey indicated that 48% of business owners favoured the Status Quo. Attendees at the workshop however universally agreed that the status quo option should not be pursued by Peel Region. Retail industry representatives indicated that recent changes in neighbouring York Region would put increased competitive pressures on merchants in Peel Region. Business stakeholders also pointed out that retail business volumes on statutory holidays in centres such as Square One and Bramalea City Centre, are among the busiest shopping days of the year. Representatives from the retail sector indicated that they would prefer to see Peel Region adopt an approach based on some form of deregulation whereby merchants would have greater the choice to open or close depending on market circumstance and employee take-up.
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5.3 Policy Evaluation: Key Principles Based on the key principles presented in Section 3 of this report, urbanMetrics has prepared the following evaluation of the four RBHA Policy Options.
32 | Retail Business Holidays By-law Policy Review – The Region of Peel
5.4 Policy Evaluation: Outcomes Based on the policy outcomes presented in Section 3 of this report, urbanMetrics has prepared the following evaluation of the four RBHA Policy Options.
Retail Business Holidays By-law Policy Review – The Region of Peel | 33
5.5 Summary Responding to a growing level of discontent among single and upper-tier municipal policy-makers, the Province amended the RBHA in 2017 to give greater control and autonomy to municipalities in terms of managing and regulating store openings and closures on statutory (public) holidays. The introduction of Section 1.2 to the RBHA now gives municipalities such as Peel an opportunity to develop stand-alone rules and regulations to enable or restrict shopping and business activity in the municipality on upwards of eight statutory (public) holidays.1 The consultation process carried out in Peel Region reveals that businesses, workers and the public are generally split on the issue of change. That said, attitudes about modifying the policies are more broadly supported by younger segments of the population and workforce (i.e. those under 45). Older individuals, however, are more inclined to support the Status Quo (no-change) option. Based on the evaluation contained in the subsections above, the Status Quo – compared to other options - is somewhat less supportive of the desired policies principles and outcomes developed for this particular undertaking.
1 Pursuant to Section 1.2, municipalities must set aside a minimum of one common pause day each year (e.g. Christmas Day) in any by-law passed pursuant to the Retail Business Holidays Act.
30 | Retail Business Holiday By-law Policy Review – The Region of Peel ([Category])
Appendix A Final Online Survey Results
This Appendix contains the results of the online survey research. For brevity, text based responses have been excluded.
Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
FINAL ONLINE SURVEY RESULTS COMPLETED RESPONSES (n=3,401)
Peel Region Retail Business Holidays Bylaw Policy Review Stakeholder Survey
Thursday, March 01, 2018
Prepared For: Prepared by:
3620 Total Responses
Survey Closed: February 28th, 2018
Complete Responses: 3620
2
urbanMetrics inc. 1 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q1: Please check the box below if you would like more information about the Retail Business Holidays Act ('the Act')
Answered: 762 Skipped: 2,858
3
Q1: Please check the box below if you would like more information about the Retail Business Holidays Act ('the Act')
Answered: 762 Skipped: 2,858
4
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Q2: Are you one of the following? (If multiple responses apply, please choose one)
Answered: 3,620 Skipped: 0
5
Q2: Are you one of the following? (If multiple responses apply, please choose one)
Answered: 3,620 Skipped: 0
6
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FINAL ONLINE SURVEY RESULTS COMPLETED RESPONSES (n=3,401)
THE PUBLIC / RETAIL CUSTOMERS (n=3,098)
The Public / Peel Customers Retail Employees Retail Business Owners (Peel Residents) (Peel Workers) (Peel Merchants)
3,098 467 55 Total Complete Responses Total Complete Responses Total Complete Responses
8
urbanMetrics inc. 4 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q3: Where do you live within Peel Region?
Answered: 3,083 Skipped: 537
9
Q3: Where do you live within Peel Region?
Answered: 3,083 Skipped: 537
10
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Q4: What is your age?
Answered: 3,082 Skipped: 538
11
Q4: What is your age?
Answered: 3,082 Skipped: 538
12
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Q5: What is your employment status?
Answered: 3,090 Skipped: 530
13
Q5: What is your employment status?
Answered: 3,090 Skipped: 530
14
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Q6: Are you aware that the Retail Business Holidays Act requires most retail stores across Ontario to remain closed on statutory holidays?
Answered: 3,093 Skipped: 527
15
Q6: Are you aware that the Retail Business Holidays Act requires most retail stores across Ontario to remain closed on statutory holidays?
Answered: 3,093 Skipped: 527
16
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Q7: During the past 12 months, have you made a purchase on a statutory holiday at a retail store in Ontario?
Answered: 3,089 Skipped: 531
17
Q7: During the past 12 months, have you made a purchase on a statutory holiday at a retail store in Ontario?
Answered: 3,089 Skipped: 531
18
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Q8: During the past 12 months, have you made a purchase on a statutory holiday at a retail store in Peel Region?
Answered: 3,088 Skipped: 532
19
Q8: During the past 12 months, have you made a purchase on a statutory holiday at a retail store in Peel Region?
Answered: 3,088 Skipped: 532
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Q9: What type(s) of purchases have you made on statutory holidays during the past 12 months? (Please select all responses that apply)
Answered: 1,145 Skipped: 2,475
21
Q9: What type(s) of purchases have you made on statutory holidays during the past 12 months? (Please select all responses that apply)
Answered: 1,145 Skipped: 2,475
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Q10: What concerns do you have about shopping on statutory holidays?(Please select all responses that apply)
Answered: 3,063 Skipped: 557
23
Q10: What concerns do you have about shopping on statutory holidays?(Please select all responses that apply)
Answered: 3,063 Skipped: 557
24
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Q11: Should store size (i.e. square footage) be a factor in determining whether retail stores are permitted to be open on statutory holidays? (e.g. Currently under Provincial law, small retail stores are permitted to be open, however, large retail stores are required to be closed)
Answered: 3,083 Skipped: 537
25
Q11: Should store size (i.e. square footage) be a factor in determining whether retail stores are permitted to be open on statutory holidays? (e.g. Currently under Provincial law, small retail stores are permitted to be open, however, large retail stores are required to be closed)
Answered: 3,083 Skipped: 537
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Q13: Should there be restrictions on the types of retail stores permitted to be open on statutory holidays?(e.g. Currently under Provincial law, antique stores are permitted to be open, however, shoe stores are required to be closed)
Answered: 3,068 Skipped: 552
27
Q13: Should there be restrictions on the types of retail stores permitted to be open on statutory holidays?(e.g. Currently under Provincial law, antique stores are permitted to be open, however, shoe stores are required to be closed)
Answered: 3,068 Skipped: 552
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Q15: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays?
Answered: 3,054 Skipped: 566
29
Q15: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays?
Answered: 3,054 Skipped: 566
30
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Q16: Should retailers in Peel Region be free to open or required to close on the following statutory holidays?
Answered: 3,098 Skipped: 522
31
Q16: Should retailers in Peel Region be free to open or required to close on the following statutory holidays?
Answered: 3,098 Skipped: 522
32
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Q17: Should retailers be able to dictate their own store hours on statutory holidays?
Answered: 3,051 Skipped: 569
33
Q17: Should retailers be able to dictate their own store hours on statutory holidays?
Answered: 3,051 Skipped: 569
34
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Q18: What time should retailers be allowed to open on statutory holidays?
Answered: 1,251 Skipped: 2,369
35
Q18: What time should retailers be allowed to open on statutory holidays?
Answered: 1,251 Skipped: 2,369
36
urbanMetrics inc. 18 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q19: What time should retailers be required to close on statutory holidays?
Answered: 1,249 Skipped: 2,371
37
Q19: What time should retailers be required to close on statutory holidays?
Answered: 1,249 Skipped: 2,371
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urbanMetrics inc. 19 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q20: Currently the Retail Business Holidays Act prohibits most retailers in Peel Region from operating on statutory holidays. How should shopping on statutory holidays be regulated in Peel Region?
Answered: 3,088 Skipped: 532
39
Q20: Currently the Retail Business Holidays Act prohibits most retailers in Peel Region from operating on statutory holidays. How should shopping on statutory holidays be regulated in Peel Region?
Answered: 3,088 Skipped: 532
40
urbanMetrics inc. 20 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
FINAL ONLINE SURVEY RESULTS COMPLETED RESPONSES (n=3,401)
RETAIL EMPLOYEES (n=467)
The Public / Peel Customers Retail Employees Retail Business Owners (Peel Residents) (Peel Workers) (Peel Merchants)
3,098 467 55 Total Complete Responses Total Complete Responses Total Complete Responses
42
urbanMetrics inc. 21 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q21: Where is your place of work located in Peel Region?
Answered: 482 Skipped: 3,138
43
Q21: Where is your place of work located in Peel Region?
Answered: 482 Skipped: 3,138
44
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Q22: What type of retail business do you work at in Peel Region?
Answered: 476 Skipped: 3,144
45
Q22: What type of retail business do you work at in Peel Region?
Answered: 476 Skipped: 3,144
46
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Q23: What is your age?
Answered: 473 Skipped: 3,147
47
Q23: What is your age?
Answered: 473 Skipped: 3,147
48
urbanMetrics inc. 24 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q24: What is your employment status?
Answered: 478 Skipped: 3,142
49
Q24: What is your employment status?
Answered: 478 Skipped: 3,142
50
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Q25: Excluding wages, does your employer provide an additional incentives or benefits?
Answered: 475 Skipped: 3,145
51
Q25: Excluding wages, does your employer provide an additional incentives or benefits?
Answered: 475 Skipped: 3,145
52
urbanMetrics inc. 26 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q26: Is your business/retail establishment open on statutory holidays?
Answered: 475 Skipped: 3,145
53
Q26: Is your business/retail establishment open on statutory holidays?
Answered: 475 Skipped: 3,145
54
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Q27: Have you worked on the following statutory holidays during the past 12 months?
Answered: 172 Skipped: 3,448
55
Q27: Have you worked on the following statutory holidays during the past 12 months?
Answered: 172 Skipped: 3,448
56
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Q28: Did you have the opportunity to choose whether to work on statutory holiday(s) during the past 12 months?
Answered: 171 Skipped: 3,449
57
Q28: Did you have the opportunity to choose whether to work on statutory holiday(s) during the past 12 months?
Answered: 171 Skipped: 3,449
58
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Q29: What has influenced you to work on statutory holidays during the past 12 months?
Answered: 103 Skipped: 3,517
59
Q29: What has influenced you to work on statutory holidays during the past 12 months?
Answered: 103 Skipped: 3,517
60
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Q30: Would you choose to work on statutory holidays if your place of work was permitted to operate on statutory holidays?
Answered: 477 Skipped: 3,143
61
Q30: Would you choose to work on statutory holidays if your place of work was permitted to operate on statutory holidays?
Answered: 477 Skipped: 3,143
62
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Q31: Are you aware that under the Provincial Employment Standards Act, retail employees are entitled to 1.5x wages (i.e. time and a half) for working on statutory holidays?
Answered: 476 Skipped: 3,144
63
Q31: Are you aware that under the Provincial Employment Standards Act, retail employees are entitled to 1.5x wages (i.e. time and a half) for working on statutory holidays?
Answered: 476 Skipped: 3,144
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Q32: Would you be more inclined to work on a statutory holiday knowing that you could earn 1.5x wages (i.e. time and a half)?
Answered: 476 Skipped: 3,144
65
Q32: Would you be more inclined to work on a statutory holiday knowing that you could earn 1.5x wages (i.e. time and a half)?
Answered: 476 Skipped: 3,144
66
urbanMetrics inc. 33 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q33: As a retail employee, which statutory holiday(s) would you be most likely to choose to work on? (Please select all responses that apply)
Answered: 231 Skipped: 3,389
67
Q33: As a retail employee, which statutory holiday(s) would you be most likely to choose to work on? (Please select all responses that apply)
Answered: 231 Skipped: 3,389
68
urbanMetrics inc. 34 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q34: Should store size (i.e. square footage) be a factor in determining whether retail stores are permitted to be open on statutory holidays? (e.g. Currently under Provincial law, small retail stores are permitted to be open, however, large retail stores are required to be closed)
Answered: 472 Skipped: 3,148
69
Q34: Should store size (i.e. square footage) be a factor in determining whether retail stores are permitted to be open on statutory holidays? (e.g. Currently under Provincial law, small retail stores are permitted to be open, however, large retail stores are required to be closed)
Answered: 472 Skipped: 3,148
70
urbanMetrics inc. 35 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q36: Should there be restrictions on the types of retail stores permitted to be open on statutory holidays?(e.g. Currently under Provincial law, antique stores are permitted to be open, however, shoe stores are required to be closed)
Answered: 465 Skipped: 3,155
71
Q36: Should there be restrictions on the types of retail stores permitted to be open on statutory holidays?(e.g. Currently under Provincial law, antique stores are permitted to be open, however, shoe stores are required to be closed)
Answered: 465 Skipped: 3,155
72
urbanMetrics inc. 36 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q38: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays?
Answered: 467 Skipped: 3,153
73
Q38: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays?
Answered: 467 Skipped: 3,153
74
urbanMetrics inc. 37 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q39: Should retailers in Peel Region be free to open or required to close on the following statutory holidays?
Answered: 477 Skipped: 3,143
75
Q39: Should retailers in Peel Region be free to open or required to close on the following statutory holidays?
Answered: 477 Skipped: 3,143
76
urbanMetrics inc. 38 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q40: Should retailers be able to dictate their own store hours on statutory holidays?
Answered: 457 Skipped: 3,163
77
Q40: Should retailers be able to dictate their own store hours on statutory holidays?
Answered: 457 Skipped: 3,163
78
urbanMetrics inc. 39 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q41: What time should retailers be allowed to open on statutory holidays?
Answered: 200 Skipped: 3,420
79
Q41: What time should retailers be allowed to open on statutory holidays?
Answered: 200 Skipped: 3,420
80
urbanMetrics inc. 40 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q42: What time should retailers be required to close on statutory holidays?
Answered: 202 Skipped: 3,418
81
Q42: What time should retailers be required to close on statutory holidays?
Answered: 202 Skipped: 3,418
82
urbanMetrics inc. 41 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q43: Currently the Retail Business Holidays Act prohibits most retailers in Peel Region from operating on statutory holidays. How should shopping on statutory holidays be regulated in Peel Region?
Answered: 466 Skipped: 3,154
83
Q43: Currently the Retail Business Holidays Act prohibits most retailers in Peel Region from operating on statutory holidays. How should shopping on statutory holidays be regulated in Peel Region?
Answered: 466 Skipped: 3,154
84
urbanMetrics inc. 42 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
FINAL ONLINE SURVEY RESULTS COMPLETED RESPONSES (n=3,401)
RETAIL BUSINESS OWNERS (n=55)
The Public / Peel Customers Retail Employees Retail Business Owners (Peel Residents) (Peel Workers) (Peel Merchants)
3,098 467 55 Total Complete Responses Total Complete Responses Total Complete Responses
86
urbanMetrics inc. 43 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q44: Where is your retail business located in Peel Region?
Answered: 65 Skipped: 3,555
87
Q44: Where is your retail business located in Peel Region?
Answered: 65 Skipped: 3,555
88
urbanMetrics inc. 44 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q45: How many years has your retail business been operating in Peel Region?
Answered: 64 Skipped: 3,556
89
Q45: How many years has your retail business been operating in Peel Region?
Answered: 64 Skipped: 3,556
90
urbanMetrics inc. 45 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q48: What type of retail business do you operate in Peel Region?
Answered: 63 Skipped: 3,557
91
Q48: What type of retail business do you operate in Peel Region?
Answered: 63 Skipped: 3,557
92
urbanMetrics inc. 46 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q49: Does your retail store currently operate on statutory holidays?
Answered: 65 Skipped: 3,555
93
Q49: Does your retail store currently operate on statutory holidays?
Answered: 65 Skipped: 3,555
94
urbanMetrics inc. 47 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q50: On which of the following statutory holidays has your retail business been open during the past 12 months?
Answered: 22 Skipped: 3,598
95
Q50: On which of the following statutory holidays has your retail business been open during the past 12 months?
Answered: 22 Skipped: 3,598
96
urbanMetrics inc. 48 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q51: If Peel Region permitted your store to operate on statutory holidays, on which days would you choose to be open or closed?
Answered: 45 Skipped: 3,575
97
Q51: If Peel Region permitted your store to operate on statutory holidays, on which days would you choose to be open or closed?
Answered: 45 Skipped: 3,575
98
urbanMetrics inc. 49 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q52: Would you choose to open your retail outlet(s) statutory holidays if permitted by Peel Region?
Answered: 64 Skipped: 3,556
99
Q52: Would you choose to open your retail outlet(s) statutory holidays if permitted by Peel Region?
Answered: 64 Skipped: 3,556
100
urbanMetrics inc. 50 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q53: Why would you be motivated to decide not to operate your retail outlet(s) on statutory holidays if permitted by Peel Region?(Please select only one response)
Answered: 58 Skipped: 3,562
101
Q53: Why would you be motivated to decide not to operate your retail outlet(s) on statutory holidays if permitted by Peel Region?(Please select only one response)
Answered: 58 Skipped: 3,562
102
urbanMetrics inc. 51 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q54: If permitted by Peel Region, what would be the primary motivation to operate your retail outlet(s) on statutory holidays?(Please select only one response)
Answered: 60 Skipped: 3,560
103
Q54: If permitted by Peel Region, what would be the primary motivation to operate your retail outlet(s) on statutory holidays?(Please select only one response)
Answered: 60 Skipped: 3,560
104
urbanMetrics inc. 52 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q55: Should store size (i.e. square footage) be a factor in determining whether retail stores are permitted to be open on statutory holidays? (e.g. Currently under Provincial law, small retail stores are permitted to be open, however, large retail stores are required to be closed)
Answered: 60 Skipped: 3,560
105
Q55: Should store size (i.e. square footage) be a factor in determining whether retail stores are permitted to be open on statutory holidays? (e.g. Currently under Provincial law, small retail stores are permitted to be open, however, large retail stores are required to be closed)
Answered: 60 Skipped: 3,560
106
urbanMetrics inc. 53 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q57: Should there be restrictions on the types of retail stores permitted to be open on statutory holidays?(e.g. Currently under Provincial law, antique stores are permitted to be open, however, shoe stores are required to be closed)
Answered: 59 Skipped: 3,561
107
Q57: Should there be restrictions on the types of retail stores permitted to be open on statutory holidays?(e.g. Currently under Provincial law, antique stores are permitted to be open, however, shoe stores are required to be closed)
Answered: 59 Skipped: 3,561
108
urbanMetrics inc. 54 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q59: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays?
Answered: 60 Skipped: 3,560
109
Q59: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays?
Answered: 60 Skipped: 3,560
110
urbanMetrics inc. 55 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q60: Should retailers in Peel Region be free to open or required to close on the following statutory holidays?
Answered: 66 Skipped: 3,554
111
Q60: Should retailers in Peel Region be free to open or required to close on the following statutory holidays?
Answered: 66 Skipped: 3,554
112
urbanMetrics inc. 56 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q61: Should retailers be able to dictate their own store hours on statutory holidays?
Answered: 60 Skipped: 3,560
113
Q61: Should retailers be able to dictate their own store hours on statutory holidays?
Answered: 60 Skipped: 3,560
114
urbanMetrics inc. 57 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q62: What time should retailers be allowed to open on statutory holidays?
Answered: 7 Skipped: 3,613
115
Q62: What time should retailers be allowed to open on statutory holidays?
Answered: 7 Skipped: 3,613
116
urbanMetrics inc. 58 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q63: What time should retailers be required to close on statutory holidays?
Answered: 8 Skipped: 3,612
117
Q63: What time should retailers be required to close on statutory holidays?
Answered: 8 Skipped: 3,612
118
urbanMetrics inc. 59 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q64: Currently the Retail Business Holidays Act prohibits most retailers in Peel Region from operating on statutory holidays. How should shopping on statutory holidays be regulated in Peel Region?
Answered: 56 Skipped: 3,564
119
Q64: Currently the Retail Business Holidays Act prohibits most retailers in Peel Region from operating on statutory holidays. How should shopping on statutory holidays be regulated in Peel Region?
Answered: 56 Skipped: 3,564
120
urbanMetrics inc. 60 Appendix A: Peel Region 3/28/2018 Retail Business Holiday Bylaw Review
Q65: How did you hear about this survey?
Answered: 3,597 Skipped: 23
121
Q65: How did you hear about this survey?
Answered: 3,597 Skipped: 23
122
urbanMetrics inc. 61 32 | Retail Business Holiday By-law Policy Review – The Region of Peel ([Category])
Appendix B Workshop Presentation Deck
This Appendix contains a sample workshop package. The presentation includes interim online survey results which may differ from the final version provided in Appendix A. Polling responses are provided in Appendix C.
Appendix B: Peel Region Retail Business Holiday Bylaw Review 2018‐03‐28 Sample Stakeholder Workshop Package
Review of Peel Region Retail Holidays Closure By‐law
Public Workshop: Town of Caledon Caledon Community Complex (Session 4) February 26, 2018
Live Poll Benefits of Quantified Engagement
1. Transparent 2. Instant 3. Flexible 4. Empowering 5. Inclusive 6. Informative 7. Fun
2
urbanMetrics inc. 1 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Today’s Agenda • Overview of Retail Business Holiday Act (‘RBHA’) • Overview of Peel RBHA • Overview of Recent Changes in the GTA. • Review Peel RBHA Survey Results (Jan‐Feb 2018) • Vet and Validate Results Using Live Audience Polling • Q+A wrap‐up
3
Why is Peel doing this? • Current process requires Council to consider one‐ off applications for tourist exemption status • Peel Region is increasingly more diverse • Businesses are facing increased pressure from online shopping • Current policies create imbalances and confusion for the public and workers. • Region is committed to a fair and comprehensive engagement process.
4
urbanMetrics inc. 2 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Primer: RBHA 101
The Retail Business Holidays Act (“RBHA”) was originally enacted in 1976 on the two purposes of preserving religious holidays, and ensuring common pause days for workers. In its current form (2017), the RBHA restricts most retail establishments from opening on nine specified days each year, unless they are exempted by the legal authority of an upper‐tier municipality. These statutory holidays include:
• New Year’s Day • Canada Day • Family Day • Labour Day • Good Friday • Thanksgiving Day • Easter Sunday • Christmas Day • Victoria Day
5
Primer: RBHA 101
Since its inception, the RBHA has under gone a number of refinement to reflect changing societal practices and norms, such as the removal of Sunday retail closures (as part of the Lord’s Day Act, 1906) in 1993. The RBHA further provides that Council of a single‐tier or upper‐tier municipality may pass a by‐law to permit retail establishments to remain open on holidays for the maintenance or development of tourism. In passing such a by‐law, Council shall take into account the principle that holidays should be maintained as common pause days.
6
urbanMetrics inc. 3 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
RBHA Exemptions (currently in effect) Some commercial businesses are exempt from the RBHA, including: • Small scale convenience, antique, handicraft, or bookstores less than 2,400 sq. ft. in size; • Pharmacies under 7,500 sq. ft. in size; • Gas stations and ancillary retail stores, nurseries, fresh fruit/vegetable stands; • Art galleries under 2,400 sq. ft. in size; • Liquor sales; • Retail concessions at a tourist attraction; • Admission to premises for educational, recreational or amusement purposes; and, • Restaurants, hotels/motels, laundromats, vehicle/boat rentals.
7
RBHA Tourism Criteria
A tourist attraction is limited to: • natural attractions or outdoor recreational attractions; • historical attractions; and, • cultural, multi‐cultural or educational attractions.
Each retail business establishment that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public or normally has four or more employees serving the public must, in addition to meeting the tourism criteria set out in subsection 2(1), provide goods or services on holidays primarily to tourists.
8
urbanMetrics inc. 4 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Existing Exemptions
At present, there are a number of businesses that are exempt from the RBHA within Peel Region. These include: CALEDON Area Basis Retail Establishments Mississauga Mississauga • Square One Shopping • T&T Supermarkets Inc. Centre • Yuan Ming Supermarket • Port Credit Business • P.A.T. Oriental Food BRAMPTON Improvement Area Market • Mississauga Chinese Caledon Centre • Garden Foods (Bolton) Brampton MISSISSAUGA • Bramalea City Centre
9
Elsewhere in the GTA: Toronto is largely closed on Stat Holidays
• Queen’s Quay Terminal • Toronto Eaton Centre • Bloor‐Yorkville BIA • Yonge Street BIA • Distillery District
10
urbanMetrics inc. 5 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
New Directions on RBHA (amended 2016‐7) Section 1.2 of the Retail Business Holidays Act, creates the opportunity for the Region of Peel to establish an independent, made‐in‐Peel, approach to managing retail business holiday closures. In order to establish an independent approach, the Region must pass a by‐law under Section 1.2 (1) of the RBHA that formally acknowledges that the RBHA no longer applies to retail businesses within the Region. This by‐law cannot come into effect until the Region enacts a supplementary by‐law under Section 148 of the Municipal Act listing one or more classes of retail business establishments and listing the specific holidays for closure. This new by‐law should still carry forward the general intent of the RBHA regarding the principle that holidays should be maintained as common pause days.
11
Elsewhere in the GTA:
York Region is now 100% open (except Christmas)
12
urbanMetrics inc. 6 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Key Principles (if the policy is changed) Recognizing that retail is a leading economic sector and employer in Peel, new RBHA regulations should be: 1. Progressive in terms of supporting enterprise and job creation. 2. Fairly and consistently applied across the municipality. 3. Simple and easily understood by business, workers and the public. 4. Representative of prevailing and future retail business and technology changes. 5. Focussed on the needs of local area residents, not tourists. 6. Flexible to allow periodic review and refinements. 7. Non‐punitive
13
RBHA Potential Policy Options
OPTIONS 1. 2. 3. 4. STATUS QUO LOCALIZE REDEFINE DEREGULATE
Description Peel Region Local area municipalities Region passes a by‐law Region passes a by continues to apply (Caledon, Brampton, and permitting more law permitting Provincial RBHA Mississauga) to identify stores categorize and stores to open on rules and area specific exemptions sizes to open on select statutory holidays at regulations. for the Region to statutory holidays. their discretion. consider.
Outcome No Change. Greater local oversight Increased access to Reduced regulatory and accountability. stores on statutory hurdles for holidays. businesses.
14
urbanMetrics inc. 7 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Your Initial thoughts: Live Which of these seems to make the Poll most sense for Peel Region? 1. Status Quo
2. Localize
3. Redefine
4. Deregulate
5. Other:___
6. Not sure
15
The Foundations of Holiday Shopping Customers
16 Employees Businesses
urbanMetrics inc. 8 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Engagement Process & Key Audiences Total Online Surveys: 3,425 complete responses Jan ‐ Feb
x3 Feb 2018 x3 x1
17
Profile of Peel Residents Surveyed (“Customers”, “The Public”)
n=2,973
Resident of … Age … Employment Status …
6% 60%
36%
58% 40%
18
urbanMetrics inc. 9 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Profile of Peel Retail Workers Surveyed
n=421
Age Employer Status 40% 51%
24% 49%
Employer open on Stat Holidays
35%
63%
3%
19
Live Poll Have you taken the online RBHA survey?
1. Yes 2. No
Live Audience Polling Participants n= TBC
20
urbanMetrics inc. 10 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Live Which of the following best describes your Poll interests in the RBHA bylaw review process?
1. As a member of the Public 2. As a member of the Retail Workforce 3. As a Retailer/Merchant 4. Other: ______
21
Live How long have you lived in Peel? Poll
1. < 5 years 2. 5‐10 years 3. > 10 years
22
urbanMetrics inc. 11 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Live Which of the following best Poll describes you?
1. Work in Peel 2. Live in Peel 3. Work and Live in Peel 4. Don’t live or work in Peel
23
Peel RBHA Survey Results (interim*)
* Results as of: February 20, 2018 (10AM)
www.surveymonkey.ca/r/PeelRBHA‐Survey 24
urbanMetrics inc. 12 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Key Themes to be explored in this section. • Factors for Regulating Store Openings/Closures • Store Size • Store Type • Choice/Flexibility • Workers’ Rights • Store Owners’ Insights • Policy Options: What is the right way forward? • Status Quo vs New Alternatives
25
Q2: Are you one of the following? (If multiple responses apply, please choose one) • Answered: 3,425
87%
12%
urbanMetrics inc. 13 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Q6: Are you aware that the RBHA requires most retail stores across Ontario to remain closed on statutory holidays?
The Public 93%
Q8: During the past 12 months, have you made a purchase on a statutory holiday at a retail store in Peel Region?
The Public 36%
urbanMetrics inc. 14 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Q9: What type(s) of purchases have you made on statutory holidays during the past 12 months? (Please select all responses that apply) • Answered: 1,112 76%
The Public
54% 42%
Should Store Size and Store Type be a factor in deciding eligibility to open?
urbanMetrics inc. 15 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Should store size (i.e. square footage) be a factor in determining whether retail stores are permitted to be open on statutory holidays? (e.g. Currently under Provincial law, small retail stores are permitted to be open, however, large retail stores are required to be closed)
Store Size
THE RETAIL STORE PUBLIC WORKERS OWNERS (n=2,958) (n=415) (n=46)
YES 15% 13% 15%
NO 85% 87% 85%
100% 100% 100%
31
Should there be restrictions on the types of retail stores permitted to be open on statutory holidays? (e.g. Currently under Provincial law, antique stores are permitted to be open, however, shoe stores are required to be closed)
Store Type
THE RETAIL STORE PUBLIC WORKERS OWNERS (n=2,958) (n=410) (n=46)
YES 36% 40% 15%
NO 64% 60% 85%
100% 100% 100%
32
urbanMetrics inc. 16 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Live Does regulation based on Poll store size make sense to you? 1. Yes 2. No
33
Live Does regulation based on Poll store type make sense to you? 1. Yes 2. No
34
urbanMetrics inc. 17 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Should Stores Have the Flexibility to Choose whether to open or close?
Q15: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays?
• Answered: 2,933
47% The Public Say … 53%
urbanMetrics inc. 18 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Q38: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays? • Answered: 410
42% Retail Workers Say …
58%
Q59: Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays? • Answered: 46
60% Store Owners Say … 40%
urbanMetrics inc. 19 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Should retailers in Peel Region have the flexibility to choose whether to be open or closed on statutory holidays? BY AGE
THE RETAIL STORE PUBLIC WORKERS OWNERS (n=2,933) (n=410) (n=46)
AGE: <44 45+ <34 <44 45+ All
Yes 55% 45% 60% 55% 30% 60%
No 45% 55% 40% 45% 70% 40%
100%100% 100% 100% 100% 100%
39
Live Should retailers have the flexibility Poll to choose whether to open or close? 1. Yes 2. No
40
urbanMetrics inc. 20 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Workers’ Rights
Shift Family Premiums Time
Live Agree or disagree: Poll All nine statutory holidays in Ontario are equally important to you.
1. TEND TO AGREE: Every Stat Holiday equally important 2. TEND TO DISAGREE: Certain Stat Holiday are more important than others
42
urbanMetrics inc. 21 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
If you answered “2” to the above question: Live Which holidays are most important Poll to you and your family? (select Top 5)
1. New Year’s Day 2. Family Day 3. Good Friday 4. Easter Sunday 5. Victoria Day 6. Canada Day 7. Labour Day 8. Thanksgiving Day 9. Christmas Day 10. Other:______
43
Live If you are retail worker: Poll Do you work on Statutory Holidays?
1. Never – by choice! 2. Never – by law 3. Yes – when I can 4. Yes – I feel obliged
44
urbanMetrics inc. 22 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Live Which of these Stat Holidays would you Poll potentially consider working, recognizing statutory pay requirements? Select all that apply
1. New Year’s Day 2. Family Day 3. Good Friday 4. Easter Sunday 5. Victoria Day 6. Canada Day 7. Labour Day 8. Thanksgiving Day 9. Christmas Day 10. none
45
Will more stores open on Stat holidays if given the option to do so?
urbanMetrics inc. 23 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Q52: Would you choose to open your retail outlet(s) statutory holidays if permitted by Peel Region?
• Answered: 46
Store 18% Owners Say …
82%
Q53: Why would you be motivated to decide not to operate your retail outlet(s) on statutory holidays if permitted by Peel Region? (Please select only one response) • Answered: 46
20% Store Owners Say …
46% 24%
urbanMetrics inc. 24 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Should RBHA Regulations in Peel Be Changed?
Q20: Currently the RBHA prohibits most retailers in Peel from operating on statutory holidays. How should shopping on statutory holidays be regulated in Peel Region?
THE RETAIL STORE PUBLIC WORKERS OWNERS (n=2,963) (n=410) (n=46)
NO CHANGE (Status Quo) 48% 67% 51% Allow All Stores to Open on All Stat Holidays 21% 4% 19%
Allow All Stores to Open on Specific Stat Holidays 17% 10% 11%
Allow Specific Stores to Open on Specific Stat Holidays 14% 19% 19%
100% 100% 100%
urbanMetrics inc. 25 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Re‐cap! Key Principles (if the changes are made) Recognizing that retail is a leading economic sector and employer in Peel, new RBHA regulations should be: 1. Progressive in terms of supporting enterprise and job creation. 2. Fairly and consistently applied across the municipality. 3. Simple and easily understood by business, workers and the public. 4. Representative of prevailing and future retail business and technology changes. 5. Focussed on the needs of local area residents, not tourists. 6. Flexible to allow periodic review and refinements. 7. Non‐punitive
51
RBHA Potential Policy Options
OPTIONS 1. 2. 3. 4. STATUS QUO LOCALIZE REDEFINE DEREGULATE
Description Peel Region Local area municipalities Region passes a by‐law Region passes a by continues to apply (Caledon, Brampton, and permitting more law permitting Provincial RBHA Mississauga) to identify stores categorize and stores to open on rules and area specific exemptions sizes to open on select statutory holidays at regulations. for the Region to statutory holidays. their discretion. consider.
Outcome No Change. Greater local oversight Increased access to Reduced regulatory and accountability. stores on statutory hurdles for holidays. businesses.
52
urbanMetrics inc. 26 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Live Based on the material presented in this session: Poll What RBHA policy option would you like to see Peel Region pursue? 1. Status Quo
2. Localize
3. Redefine
4. Deregulate
5. Other:___
6. Not sure
53
Questions?
urbanMetrics inc. 27 Appendix B: Peel Region 2018‐03‐28 Sample Stakeholder Workshop Package
Next Steps 1. complete the consultation process 2. finalize online polling results (deadline Feb 28th, 2018) www.surveymonkey.ca/r/PeelRBHA‐Survey 3. refine policy options, if warranted 4. prepare Consultant’s report/recommendation to Council
CONTACTS:
Consultant: Peter Thoma, MCIP, RPP, PLE Staff: Deepiga Vigneswaran, Partner Jr Planner urbanMetrics inc Department Services [email protected] [email protected] 416.351.8585 905.791.7800 x.8513 55
urbanMetrics inc. 28 34 | Retail Business Holiday By-law Policy Review – The Region of Peel ([Category])
Appendix C Summary of Workshops
This Appendix contains the results of our live audience polling carried out at the workshops.
Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 1 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 2 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 3 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 4 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 5 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 6 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 7 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 8 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 9 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 10 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 11 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 12 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 13 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 14 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 15 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 16 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 17 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 18 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 19 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 20 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 21 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 22 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 23 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 24 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 25 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 26 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 27 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 28 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 29 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 30 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 31 Appendix C: Peel Region Retail Business Holiday Bylaw Review Workshop Summary - Live Audience Polling Results (Quantified Engagment)
urbanmetrics 32