J

Wohkiorg foh y 011 REPORT

Meeting Date: February 28,2013 Regional Council

For Information --

DATE: February 14,201 3

REPORT TITLE: APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL BUSINESS HOLIDAYS ACT FOR HOLIDAY OPENINGS

FROM: Dan Labrecque, Commissioner of Public Works Patrick O'Connor, Regional Solicitor

OBJECTIVE

To request that Regional Council make a determination respecting the application by Garden Foods-Bolton Limited for exemption under the Retail Business Holidays Act,

DISCUSSION

I. Purpose and Effect of Application

Garden Foods-Bolton Limited (the "Applicant") has applied to the Regional Municipality of Peel to request an exemption from the requirements of the RBHA that would permit Garden Foods-Bolton Limited to remain open voluntarily for business on the following statutory holidays: Good Friday, Victoria Day, Canada Day, Labour Day and Thanksgiving Day between 8:OOam to 6:OOpm.

The area proposed for exemption is 501 Queen Street South in Bolton located on the east side of Queen Street South (Highway 50) north of Queensgate Boulevard and south of Allan Drive as shown in Appendix I (the "Exemption Area").

W f l ~ a - 2 - February 14,201 3 APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL BUSINESS HOLIDAYS ACT FOR HOLIDAY OPENINGS

2. Regional Role

Section 4 (1) of the RBHA authorizes Regional Council to grant tourism exemptions by adopting a Regional By-law. Any person who objects to an exemption by-law may appeal Council's decision to the OMB within 30 days. A by-law that is not appealed will come into force on the 31'' day after it is passed by Council.

The RBHA requires applicants to demonstrate that the exemption criteria outlined in the RBHA and accompanying regulation (0.Reg 71 1/91) have been satisfied and that the exemption would assist in the maintenance or development of tourism.

Peel Region By-law 18-1999 details the process for regional consideration of applications under the ,Retail Business Holidays Act . The Region's process requires circulation of local municipalities and holding a public meeting where the application can be decided by Regional Council. Regional staff have circulated this application to the Clerk of the Town of Caledon; the Ontario Provincial Police (OPP), Caledon detachment; the Medical Officer of Health, Peel Public Health; and Transportation Division, Traffic Development Section, Public Works. Supporting comments have been received from the Manager of Economic Development for the Town of Caledon and by resolution from the Council of the Town of Caledon. Such correspondence is included in Appendix II. In addition, no concerns have been expressed from the Medical Officer of Health, the OPP, and Public Works. Such comments are also included in Appendix II.

Peel's By-law also requires applicants to submit studies and documentation to demonstrate that an exemption would support tourism development. the applicant submitted "Garden Foods Market Application for Holiday Opening under: The Retail Business Holidays Act" by InterStratics Consultants Inc. dated July 23, 2012. This report concludes that 501 Queen Street South is an excellent candidate for exemption under the Act. Accordingly, staff conclude that the requirements of the Act have been satisfied. InterStratics Consultants Inc. were also consultants for the Bramalea City Centre RBHA exemption application. They were successful defended the tourism requirements at the Ontario Municipal Board (OMB) hearing in April 2012 where the OMB issued a decision recognizing the Bramalea City Centre as a cultural or multi-cultural attraction.

3. Public Meeting

A public meeting for the Garden Foods-Bolton Limited application was held on February 14, 2013.

Regional staff provided an overview of the application and highlighted key requirements of the RBHA and the Tourism Criteria. Regional staff also noted that an application from Zelinka Priamo Ltd on behalf Loblaw Properties Ltd for a similar exemption of the RBHA for 487 Queen Street, the Zehrs Store has been submitted.

Alex Ariffuzzaman presented material on behalf of the applicant. Minutes of the pubic meeting are attached as Appendix Ill. There was one general concern raised by a Caledon resident which was attached to the public meeting agenda. There were no additional concerns raised during the public meeting.

CONCLUSION

The purpose of the Application is to request an exemption from the requirements of the RBHA that would permit retail businesses at 501 Queen Street South in Bolton, Town of Caledon on

February 14,2013 pw*-3-

APPLlCATlON BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL BUSINESS HOLIDAYS ACT FOR HOLIDAY OPENINGS

the following statutory holidays: Good Friday, Victoria Day, Canada Day, Labour Day and Thanksgiving Day.

Upon consideration, staff is of the opinion that the approval of the Application is chiefly one of policy for Council to decide. In this regard, staff is not putting forward a recommendation concerning what decision Council should take.

Should Regional Council decide in favour of the amendment, the draft by-law is attached as Appendix IV for consideration. It is open to Regional Council to enact the attached draft by-law with or without modifications, or to decline to enact the draft by-law.

@@ Dan Labrecque Commissioner of Public Works Regional Solicitor

Approved for Submission:

D. Szwarc, Chief Administrative Officer

For further information regarding this report, please contact Tom Slomke at extension 4345 or via email at tom. slomke@peelregion. ca

rs .. Authored By: Jennifer Maestre

c. Legislative Services

- 1 - P)U-h2- 4 February 14,201 3 APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL BUSINESS HOLIDAYS ACT FOR HOLIDAY OPENINGS

APPENDIX I

TOWN OF CALEDON.

Alton, 1020

~olton, 1823 . .

Calgdoh East, 1821 \ -.

Caledon Village, 1826

Campbell's Cross, o. 1820

Cataract, 1858

dhaltenham, 1827

Claude, o. 1832

held West, 2006 0

Mono Road, 1871

Mono Mills, 1019

Terra Cotta, 1855

I Administration

1 i 631 1'0ld Church Road

Caledon, ON L7C 1 J6 i www.caledon,ca

-. a February 14,201 3

1 APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION I

I UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS APPENDIX II

. . i . .

November 28,2012

Ms. Kathryn Lockyer, Clerk : Region of Peel

' 10 Peel Centre Drive . 'Brampton, Ontario L6T 469

I Dear Ms. Lockyer:

RE: qprden ~ o o d s Market

At the regular meeting of Council held on ~ovember 27, 2012, ~ o u n d t passed a resolution regarding an applicafion.made by Garden Foods Market for an exemption 'under the Retail Business Holidays Act. The

. following resolution was adopted:

I "Whereas Garden Foods Market has applied for an exemption under The Retail Business Holidays Act; and

Whereas this exemption would create additional employment ~~~or tun l t i es in , Caledon; and

Whereas thls exempliori would benefit tourlsm in the community by providing , opportunities to conveniently shop within Caledon ondesignated holidays; and

Whereas this exeniption woulb reduce the export ,of tourism spending tp other jurisdictions; and

Whereas this exemption supports the Town of caiedonls Business ~eienilon & Expansion (BR&E) obJectives as approved by- Council within the Caledon Economlo Development Strategy and Galedon Community Based Strategic

. Plan; ,

lier ref ore be It resolved that the;~own of Cgledon supports the appllcatlon of' Garden Foods Market for an exemptl~n under the Retail Business Holldays Act; and

Further that Council of the Town of Caledon hereby notlfies the Reglon of Peel of Its support for the Garden Foods Market applicatlon for an exemption under

I the Retall Business Holidays Act!'

Please advise the undersigned of Regional Council's decision on this matter.

I February 14,2013 I APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION

, i I UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS I

+ I APPENDIX II

Yours truly, , , . .

Barbara Kairandjas .. CouncillCommittee Cd-ordinator

I

e-mail: barbara.kairandids@~aledon.cq . .

- cc: Region of Peel, '

Nprm Lingard, Manager of Economio ~eveid~ment .

Page 1 of 1

Self, Kennedy ,--- February 14,2013

From: Randall, Nicol (JUS) [Nicol.Randall@ontario.cal APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION Sent: October 4,2012 11:49 AM UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS

To: Self, Kennedy Subject: Re PO2 RE3080 . On behalf of Inspector DiMarco and the Caledon OPP I will respond to the application made by Garden Foods. We a t the OPP enforce all statutes and bylaws within the Town of Caledon. As such should Garden Foods not be exempt from the Holidays Act, we would enforce any breach of the act. We usually act by way of summons.

Best Regards,

Sgt N Randall 9006 Caledon OPP

Self, Kennedy Februaw 14,2013

Page 1 of 1

From: Carrick, Sean Sent: October 15,2012 1:41 PM

APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION j UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS APPENDIX I1

To: Self, Kennedy Cc: Nix, Sean Subject: 501 Queen Street South -Application for Exemption - PO2 RB080 - Our File D-05015111E Good afternoon Kennedy,

Traffic Development staff have reviewed the above noted application and have no objections provided that the applicant continue through the site plan amendment of SP-07-042C.

I trust this to be satisfactory. Should you have any further questions or concerns regarding thls matter, please contact me directly,

Sincerely,

Sean Carrick Technical Analyst Traffic Dsveloplnent Transportation Division Public Worlts

Tel: (905) 791-7800 ext. 7868 Fax: (905) 791-1442

Page 1 of 1

Self, Kennedy

From: Wiegand, Dianne on behalf of Mowat, David APPLIC'ATIONB~ GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS

Sent: October 24,-2012 12:04 PM APPENDIX 11

To: Self, Kennedy

Subject: Your File PO2 ,RB080

Thank you for your letter of September 25,2012, and attachments with respect to the above-noted file.

We have reviewed the application and supporting materials and have no comment.

David L, Mowat, MBChB, MPH, FRCPC Medical Officer of Health Peel ~ublli'c Health 7120 Hurontario Street PO Box 667, RPO Streetsville Mississauga, ON L5M 2C2

Fax: 905-564-2683 Phone: 905-791-7800 ext. 2566

pw - ha-la February 14,2013 APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS APPENDIX Ill

PUBLIC MEETING

THE .REGIONAL.MUNICIPALlTY OF PEEL

M I N U T E S

February 14;2013

PURPOSE: To hold a Public Meeting pursuant to Section 4 of the Retail Business Holidays Act, R.S.O. 1990, to inform the public and to obtain their input with respect to an application for exemption under the Refail Business Holidays Act by the Garden Foods - Bolton Ltd.

Regional Chair E. Kolb presided

I. ROLL CALL

Members: arlson; B. Crombie*; E. Dale;i S. Fennell; P. Foley; C. Fonseca; annicca; E. Kolb; K.$ Mahoney;; /-ST' McFadden; G. Miles; odre; M. Morrjson; P. Mullini P. ~alleschi; R. Paterak; P. Saito; nderson; J., Spro ; R. Starr; A.IThompson; R. Whitehead

i / / 4 -2

Members Absent: S. Hames, due to a personal matter; H. McCallion, due to other municipal business; J. Tovey, due to vacation

Also Present: D. Szwarc, Chief Administrative Officer; R.K. Gillespie, Commissioner of Employee and Business Services; D. Labrecque, Commissioner of Public Works; N. Trim, Chief Financial Officer and Commissioner of Corporate Services; J. Menard, Commissioner of Human Services; P. Dundas, Acting, Commissioner of Health Services; P. OIConnor;Regional Solicitor and Director, Legal and Risk Management; 'K. Lockyer, Regional Clerk; S. Jurrius, Legislative specialist; 8. Singh, Legislative Technical Co-ordinator; J. Schwartz, Acting Legislative Assistant

2. DECLARATIONS OF CONFLICTS OF INTEREST - Nil

* See text for arrivals ' See text for departures

February 14,201 3 - APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS APPENDIX Ill

Region of Peel Public Meeting.Agenda

February 14,201 3

Regional Chair Kolb called the public meeting to order at 9:36 a.m. in the Council Chamber, Regional Administrative Headquarters, 10 Peel Centre Drive, Suite A, Brampton. He stated that the public meeting was open and was being held pursuant to Section 4 of the Retail Business Holidays Act, R.S.O. 1990, as amended.

4. CONFIRMATION OF NOTIFICATION

Kathryn Lockyer, Regional Clerk, stated that the Notice of the Public Meeting was given in accordance with Section I I-2c to I I-2f of the Retail Business Holidays Act, R.S.O. 1990, as amended and the Region of Peel By-law 18-1999.

Notice of this Public Meeting to consider an application for exemption by the Garden Foods - Bolton Ltd. was given in accordance with Region of Peel By-law 18-1999, Section 11-2c to 11- 2f, by first class mail to every person and agency that has given the Regional Clerk a written request of such notice of the proposed by-law; to the Clerk of each area municipality within the Region of Peel; to the policing authority having jurisdiction in the area; and, to the applicant on January 17, 2013.

The applicant was inst Community Information Boards in the Garden anuary 25, 2013 and to remain there until the en

Notice of this public meeting was given in accordance with Section 4 of the Retail Business Holidays Act, by publication in the following news media:

e . Caledon Enterprise - January 10, 2013 o Caledon Citizen - January 10, 201 3

Further, it was noted that Notice of Public Meeting was posted on the Regional website as of January 10,201 3 and the draft by-law was available to the public as of the same date.

Councillor Crornbie arrived at 9:41 a.m.

5. FURTHER NOTICE REQUEST

The Regional Chair stated that if any person would like further notice of the future passage of this proposed exemption for the Garden Foods - Bolton Ltd. application, they should give their full name, address, postal code, and telephone number, in writing, at the Clerk's reception counter prior to leaving the meeting.

February 14,2013 1 . ,. APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION 3, UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS

Region of Peel

APPENDIX III Public Meeting Agenda February 44,2013

6. STAFF PRESENTATIONS

a) Kennedy Self, Manager, Development Services, Public Works, Providing an Overview of the Garden Foods - Bolton Ltd. Application for Tourism Exemption under the Retail Business Holidays Act

Received

A copy of the presentation is available from the Office of the Regional Clerk.

Kennedy 'Self, Manager, Development Services, Public Works, stated that Aird and Berlis, on behalf of Loblaw Properties Limited, support the Garden Foods-Bolton Ltd. application for tourism exemption. Further, Zelinka Priamo Limited, on behalf Loblaw Properties Limited, recently submitted an application for tourism exemption for Zehrs Market located at 487 Queen Street in Bolton.

Kennedy Self provided clarification regarding the two written submissions. by the Zehrs Store Manager. The Zehrs Store Manager expressed his support for the Garden Foods-Bolton Ltd. application and that Zehrs will be requesting similar permission from Regional Council.

Councillor Foley requested that Regional staff report back to Regional Council at its February 28, 2013 meeting with d hair Kolb suggested that the request be con nal Council meeting immediately following th

7. PUBLIC PARTICIPATION

a) Oral Submissions

i> Piero Carbone, Owner, Garden Foods-Bolton Ltd. and Alex Arifuzzaman, Partner, InterStratics Consultants Inc. Discussing the Garden Foods-Bolton Ltd. Application for Tourism Exemption under the Retail Business Holidays Act

Received

A copy of the presentation is available from the Office of the Regional Clerk.

Piero Carbone, Owner, Garden Foods-Bolton Ltd., provided a brief summary about the history of Garden Foods Market, its uniqueness and its relationship with the Bolton community. He stated that they are seeking exemption to be open in the spring and summer, when the store attracts more customers from Caledon and its surrounding areas.

Alex Arifuzzaman, Partner, InterStratics Consultants Inc., outlined the reasons that demonstrate an exemption for Garden Foods Market would support and help the maintenance of tourism in Bolton. He stated that Garden Foods Market has a higher customer draw on weekends and holidays because of its close proximity to a major arterial road, campgrounds and other tourist destination out of Bolton.

Februaw 14.2013 APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS APPENDIX Ill

~bgion of Peel Public Meeting Agenda

February 14,2013

Alex ~ilfuzzaman advised that under the Employments Standards Act, any employee has the absolute right to refuse work on a public holiday if they so choose and that no retribution would be permitted from employers on such holidays. He also informed Regional Council that York Region recently granted holiday exemptions to a local store in the area with the same characteristics as Garden.Foods.Market.

b) Written Submissions

i) Aurora Foti-Brum, Resident, Town of Caledon, Email dated January 13, 2013, Opposing the Garden Foods - Bolton Ltd: Application for Tourism Exemption under the Retail Business Holidays Act

Received

ii) Patrick J. Harrington, Solicitor, Aird & Berliss LLP on behalf of Loblaws Properties ~imited; Letter dated February 7, 2013, Advising that Loblaws Supports the Garden Foods - Bolton Ltd. Application for Tourism Exemption under the Retail Business Holidays Act

Received -. - -

dail a t e d February 7, 2013,

Received

See,also ltem 7b-iv

Additional Item - ltem 7b-iv:

iv) Nlarco Cesarone, Store Manager, Zehrs, Email dated February 13, 2013, Providing Revised Comments Regarding Garden Foods - Bolton Ltd. Application for Tourism Exemption under the Retail Business Holidays Act

Received

See also ltem 7b-iii

8. CONCLUSION AND CLOSING OF PUBLIC MEETING

Regional Chair Kolb advised those in attendance that comments and submissions will be taken intci consideration and a final report and supporting by-law will be considered by Regional Council at a future meeting.

I February 14,2013 APPLICATION BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION - UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS APPENDIX Ill

9. ADJOURNMENT

Regional Chair Kolb officially closed the meeting at 958 a.m.

RESPECTFULLY SUBMI7TED:

' Regional Clerk .

Region of P & ~ I Public Meeting Agenda

, Februaj 14,2013

February 14,2013 APPLICATON BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION , UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS

PW -A2 -I( APPENDIX lV

- - -

THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER XX-201 3

A by-law to under the Retail Business Holidays Act to permit Garden Foods - Bolton Ltd. to be open on holidays for the maintenance or development of tourism.

WHEREAS, section 2 of the Ontario Retail Business Holidays Act (the "Act") provides that no person carrying on a retail business in a retail business establishment shall sell or offer for sale any goods or services therein by retail on a holiday;

AND WHEREAS, the secti s that despite section 2, the council of a regional municipalit w permit retail business establishments in the municipality t s for the maintenance or development of tourism provided sm criteria prescribed by Ontario Regulation 71 1/91 are comp

AND WHEREAS, Garden Foods - Bolton Ltd. has applied to The Regional Municipality of Peel for an exemption to the Act for the maintenance or development of touri s retail business establishment located at 501 Queen Street South, Bolton re particularly described in Schedule " A ;

I of The Regional Municipality of Peel has holidays should be maintained as common

AND WHEREAS, the Council of The Regional Municipality of Peel has determined that the Garden Foods - Bolton Ltd. application complies with the tourism criteria;

AND WHEREAS, Council of The Regional Municipality of Peel held a public meeting following at least thirty days of published notice in respect of this proposed by-law and at that public meeting all persons who attended were permitted an opportunity to make representations in respect of the proposed by- law;

AND WHEREAS, the Council of The Regional Municipality of Peel has by resolution adopted on this 14" day of February, 2013 resolved to affirm the application of Garden Foods - Bolton Ltd. and to grant a partial exemption to the Act;

February 14,2013 APPLICATON By GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION I

UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS PW -Aa-IG APPENDIX IV

-2- By-law Number xx-2013

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

I. Definitions:

a. "holiday" means that as defined in the Act; b. "municipality" means The Regional Municipality of Peel; c. "retail business" means that as defined in.the Act; d. "retail business establishment" means that as defined in

the Act.

2. The retail business establishment known as Garden Foods - Bolton Ltd. situated at 501 Queen Street South, Bolton, shall be exempt from the provisions of the Acf to the limited e at it shall be permitted to sell and/or offer for sale any goods or se ssociated with a retail grocery store, between the hours of 8:00 pm on the following holidays only:

a. Good Friday; b. Victoria Day; c. Canada Day;

3. That Schedules

S AND PASSED IN OPEN COUNCIL this 't4th day of

Regional Clerk Regional Chair

February 14,201 3 APPLICATON BY GARDEN FOODS-BOLTON LIMITED FOR EXEMPTION UNDER THE RETAIL HOLIDAYS ACT FOR HOLIDAY OPENINGS APPENDIX lV

Schedule "A" to By-law Number xx-2013

Leqal Description of Subject Property

Part of Lot 6, Concession 7, former geographic township of Albion, Town of Caledon, The Regional Municipality of Peel, designated as Parts 15 & 16 Plan 43R-29027.

Schedule "B" to By-law Number xx-2013

Site Map of Subject Property