Sunday Closing Rules In Nova Scotia Invalidated

In Canada, the Nova Scotia Supreme Court has held that current Sunday closing regulations exceed the authority given to the province's Cabinet by the Nova Scotia Retail Business Uniform Closing Act. In Sobeys Group Inc. v. Attorney General of Nova Scotia, (N.S. Sup. Ct., Oct. 4, 2006), the court struck down Sunday closing rules that exempted most small grocery stores. It said: "Cabinet cannot discriminate either as to the size of the retail outlet or the corporate structure of it without the requisite regulatory power. Such power is neither express or implied in Section 8 of the [Retail Business Uniform Closing] Act. It logically follows that the impugned regulations are ultra vires the Governor in Council (the Cabinet) and are therefore of no force and effect." (See prior related posting.) The Halifax Daily News yesterday reported that most church-goers said that they will not be affected by the fact that stores may now be open.