(via city of Ottawa)
Mayor and Members of Council,
Immediately following closing arguments to the Ontario Municipal Board in the appeal of By-law 2016-67 (the “Glebe Retail Business Holidays Act Exemption By-law”), at approximately 11:00 a.m. this morning, Chair Makuch gave an oral decision, dismissing the Labour Council’s appeal.
In his brief reasons, Chair Makuch stated that the evidence presented to the Board yesterday demonstrated that the common pause day principle had been considered by Council, that Lansdowne Park and the Rideau Canal are tourist attractions within the meaning of the Retail Business Holidays Act ( the “RBHA”), and that at least 25% of the retail business establishments in the area rely on tourists visiting the attraction for business on a holiday, acknowledging the logistical difficulties in gathering evidence to support this requirement. More detailed reasons are to follow from the Chair.
The result of the foregoing is that, as of today, By-law 2016-67 is in full force and effect in the City of Ottawa. Chair Makuch clarified that, as a result of today’s decision, businesses in the Glebe BIA subject to the exemption to the RBHA found in By-law 2016-67 will be permitted to open on Monday October 10, 2016, like all other retail establishments in the City subject to a tourism exemption by-law under the RBHA.
I trust the above is satisfactory.
M. Rick O’Connor, CMO
Certified Specialist (Municipal Law: Local Government) | Spécialiste agréé (Loi sur les municipalités: gouvernement local)
City Clerk and Solicitor | Greffier municipal et avocat général
Office of the City Clerk and Solicitor | Bureau du greffier municipal et de l’avocat général