REPORT Meeting Date: Regional Council

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1 REPORT Meeting Date: Regional Council DATE: November 17, 2016 REPORT TITLE: FROM: REVIEW OF APPLICATIONS UNDER THE RETAIL BUSINESS HOLIDAYS ACT Lorraine Graham-Watson, Commissioner of Corporate Services RECOMMENDATION That the proposed approach for processing applications under the Retail Business Holidays Act, as outlined in the report from the Commissioner of Corporate Services titled, Review of Applications Under the Retail Business Holidays Act be endorsed, including: streamlining the process through a standing authorization clause that allows complete applications to proceed directly to a public meeting; and Regional staff providing an evaluation of applications considering the Tourism Criteria set out in Ontario Regulation 711/91 in order to assist Council in making decisions for or against exemption in accordance with the authority provided under the Retail Business Holidays Act ; And further, that a by-law be presented for enactment to repeal and replace By-law ; And further, the Lieutenant Governor of the Province of Ontario be requested to immediately, prior to December 31, 2016, proclaim Section 1.2 of the Retail Business Holiday Act; And further, that a copy of the subject report be circulated to the Minister of Government and Consumer Services, City of Mississauga, City of Brampton, and the Town of Caledon for information. REPORT HIGHLIGHTS The Retail Business Holidays Act (RBHA) is Provincial legislation established to provide common retail business pause days in Ontario. On common pause days, most retail businesses are prevented from opening for retail business activity unless given a tourist exemption. On June 25, 2015, Regional Council directed staff to undertake a review of applicable policies and processes for the evaluation of applications for exemption to the RBHA. Staff have identified opportunities to: o streamline the process from 180 days to 115 days by allowing applications to proceed directly to a public meeting once the application submission requirements established by the Region have been met; and, o evaluate the Tourism Criteria set out in Ontario Regulation 711/91, as part of the

2 staff reporting process, thereby assisting Council in making decisions for or against exemption in accordance with the authority provided under the Act. Staff have met with the City of Mississauga, City of Brampton, and Town of Caledon to discuss the direction and content of this Report. Regional staff continue to follow-up with Provincial staff regarding an unproclaimed section of the RBHA that would allow municipalities to pass a by-law including provisions that the RBHA does not apply to it; the by-law must require that one or more classes of retail business establishments are closed on a holiday. Regional staff will continue to advocate for proclamation of Section 1.2 of the RBHA; the process has been streamlined in the meantime. DISCUSSION 1. Purpose & Regional Council Direction This Report recommends revisions to the Region s current procedures for the processing of Applications for Exemption under the Retail Business Holidays Act, also referred to as RBHA or the Act. On June 25, 2015, Regional Council directed staff to undertake a review of applicable policies and processes for the evaluation of applications for exemption to the RBHA and report back with recommendations. 2. The Retail Business Holidays Act The RBHA dates back to At the time, the Act was founded on the two purposes of preserving religious holidays, and ensuring common pause days for workers. Changes have been made continually to the Act 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 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. For further background information on the RBHA, and the existing tourism exemption criteria, see Appendix I. Council must also ensure compliance with the Tourism Criteria set out under Ontario Regulation 711/91. The 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. The Tourism Criteria are as follows: A retail business establishment may be exempted if: o It is located within two kilometres of a tourist attraction; and, o It is directly associated with the tourist attraction or relies on tourists visiting the attraction for business on a holiday. An exemption granted on an area basis may only be given if: - 2 -

3 o o All of the retail business establishments in the area are within two kilometres of the tourist attraction; and, 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. For the purposes of this section, a tourist attraction is limited to: o natural attractions or outdoor recreational attractions; o historical attractions; and, o cultural, multi-cultural or educational attractions. Each retail business establishment that on days other than holidays normally uses a total area of 2400 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. These are the parameters that Councillors are required to consider in making decisions for or against an exemption. Exemptions can either be granted for an individual retail establishment or on an area wide basis. The Act notes that Council is not obligated to approve an application even where a request meets the requirements under Ontario Regulation 711/91. See Appendix II for the full Regulation. Unproclaimed Section of the RBHA In 2006, a comprehensive update by the Province had resulted in amendments that, if proclaimed, would exempt municipalities from the Act in its entirety. Through Section 1.1 of the RBHA, the City of Toronto or any retail business establishments located in the City are exempt from the entirety of the Act. Despite Toronto s exemption, Part XVII of the Employment Standards Act shall still be applied to the City and to retail establishments located in the City. While the RBHA does not apply, the City of Toronto may pass by-laws requiring retail businesses to be closed on specified days under the City of Toronto Act. Under the unproclaimed section of the RBHA (section 1.2), the Region could pass a resolution opting out of the RBHA. As are result, it would not be required to observe the tourism exemption criteria and would be under no constraint as to which retail businesses establishments would be closed on a holiday. This opting by-law would come into effect only after a municipality passes a by-law under section 148 of the Municipal Act requiring one or more classes of retail businesses to be closed on a holiday. An exempted municipality is required to establish rules and procedures regarding holiday openings that both protect for the common pause day principle while better supporting local businesses. In a letter to the Province dated October 27, 2011, the former Regional Chair requested the province to proclaim Section 1.2 of the Act. In response, the Province had noted that the proclamation of the amendment was held back to consider issues that may arise with the new authority. Region of Peel staff continue to follow up with Provincial staff on this matter. In consultations with the Association of Municipalities of Ontario (AMO), Regional staff have recently become aware that, if not proclaimed by December 31, 2016, the unproclaimed provisions of the Act (Section 1.2) will automatically be repealed. Unless it is proclaimed before that date or the Assembly adopts a resolution that it not be repealed. AMO advised Regional staff that they have been pursuing this matter at the ministerial level. Given the - 3 -

4 upcoming deadlines, Regional staff recommend that the Lieutenant Governor of Ontario be requested to immediately proclaim Section 1.2 of the Retail Business Holidays Act. Regional staff will continue to advocate for proclamation of Section 1.2 of the RBHA; in the meantime this Report recommends the process be streamlined. 3. Existing Peel process for considering Application for Exemption The Application for Exemption process for Peel is outlined in By-law , which came into force and effect on March 4, The by-law outlines administrative/public meeting fees, supporting documents, submission deadlines, and the evaluative criteria as stated in the RBHA. See Appendix III for By-law The RBHA requires 4 procedural stages to any Application for an Exemption By-law. These are reflected in the current By-law : Requirement to hold a public meeting in respect of the proposed by-law (Section 4, Subsection 6(a) of the Act); Requirement to publish notice in a newspaper at least 30 days before the meeting is held (Section 4, Subsection 6(a) of the Act); By-law comes into force and effect on the 31 st day after it is passed by Council (Section 4, Subsection 8 of the Act); and, Any person who objects to the by-law passed by Council can appeal to the Ontario Municipal Board (OMB) by filing a notice no later than 30 days of the adoption date (Section 4.3, Subsection 2 of the Act). By-law has additional non-statutory procedures as part of the Application for Exemption process: Applications are processed on a quarterly basis with deadlines for submission on January 15, April 15, July 15, and October 15 (Section 5 of By-law ); Report is prepared to Regional Council with recommendation that the application proceed to a public meeting (Section 9 of By-law ); and, Regional Council shall determine whether each application considered by it should or should not proceed to a public meeting; if not, the subject application s process is ended (Section 10 of By-law ). See Appendix IV for the application process map as established in the by-law and Appendix V for the process map as currently practiced. The current process reflects some minor modifications as a result of structural changes within the Region since adoption of By-law , e.g. in Sections 9 and 10, the By-law refers to a Planning Committee which no longer exists. 4. Review of Exemptions in Nearby Municipalities Regional staff has reviewed municipal approaches throughout the Greater Golden Horseshoe (GGH), including the City of Toronto, and the Regions of Waterloo, Niagara, Durham, York, and Halton. As illustrated in Table 1 below, approximately 70 exemptions in these seven regions have been identified through this review

5 Table 1 Summary of type of exemptions across seven regions from 1995 to Type of Exemption Peel Region York Region Halton Region Toronto Durham Region Waterloo Region Niagara Region BIA/Heritage Specialty Shopping Big-box Supermarket Total Exemptions within Peel include the Mississauga Chinese Centre, Square One, and T & T Supermarkets Inc. in Mississauga, Bramalea City Centre in Brampton, and Garden Foods in Caledon. Of the six jurisdictions reviewed by staff: The Regions of York and Niagara are the only municipalities, other than Peel, to have approved tourism exemptions for retail establishments such as supermarkets or big-box stores. York Region has approved 16 exemptions for supermarkets or shopping centres. Niagara Region has approved 18 exemptions for supermarkets or big-box stores. Most municipalities have applied a more strict interpretation of the RBHA and the common pause day principle. Toronto and the Regions of Halton, Durham, and Waterloo have exempted a higher proportion of Business Improvement Areas (BIA) as noted in Table 1 above. The Regions of York, Halton, Durham, and Niagara have a two-step process where an existing Committee with other primary duties hears the exemption application at a public meeting prior to proceeding to Regional Council. Staff does not provide a recommendation on the application. Instead, the Committee provides the recommendation based on its knowledge of the application from the public meeting. In the Regions of York, Halton, Durham, and Niagara, staff does not recommend for or against a public meeting. Instead, staff will directly schedule a public meeting following receipt of the complete application. The Regions of York, Halton, and Durham do not circulate exemption applications to the local municipalities for comment. In the Regions of Halton and Durham, economic development staff prepare an accompanying report to provide necessary background and context for the subject application

6 A review of GGH municipalities demonstrates there is no set approach to processing exemption applications beyond the application of the Tourism Criteria in order to conform to Provincial legislation. 5. Input from Local Municipalities While approval authority lies with Regional Council, the purpose of an RBHA exemption is to support tourism. In accordance with the Region of Peel Official Plan, it is the Region s role to support the local municipalities in efforts to promote tourism opportunities (Section ). The City of Brampton maps its tourist destinations on a yearly basis in support of its Official Visitor Guide and Plan. The City of Mississauga is currently undertaking a similar exercise for its future Tourist Destination Master Plan, slated for completion in spring While the Province entrusts the Region to process and make decisions on applications for exemption, Peel s local municipalities are best positioned to offer insight on whether or not an applicant for exemption under the Act will contribute to the municipality s vision for tourism and development. Currently, applications in Peel are circulated to the Clerks of all three local municipalities, as well as the Planning and Economic Development/Tourism Departments in which an application is located. Although the local municipality may be well positioned to consider and evaluate tourism aspects of an application, a no objections comment or no comment is typically provided. 6. Proposed Update to Regional By-law Through this review, staff has identified opportunities to: streamline the process by allowing applications to proceed directly to a public meeting once the application submission requirements established by the Region have been met; assist Council in making decisions for or against exemption in accordance with the authority provided under the Act through the implementation of Regional staff evaluation of applications considering the Tourism Criteria set out in Ontario Regulation 711/91; and, complete the gaps between the existing by-law, current Regional structure, and application processing practices. As such, staff has proposed specific changes to be reflected in the Draft By-law. See Appendix VI for the analysis and rationale of these proposed changes, which are as follows: an application for the maintenance or development of tourism will be made to Director of Development Services instead of Commissioner of Planning ; remove the term Planning Committee (because it no longer exists) and further eliminate the need for specific Committee/Council direction to proceed to a public meeting. Set a standing authorization for a public meeting. This opportunity for streamlining reduces the process by at least 65 days from 180 days to 115 days; applications will no longer be processed on a quarterly basis, but instead simply at the time of submission; and - 6 -

7 to better assist Council in making decisions for or against an exemption, staff will evaluate the Tourism Criteria set out in Ontario Regulation 711/91 and provide a recommendation to Council, recognizing the full decision making authority of Council. The proposed changes streamline and consolidate the existing process, while also ensuring compliance with Ontario Regulation 711/91. By renewing focus on the Tourism Criteria, Council will have better information with which to make exemption application decisions. Appendix VII is a process map that reflects the proposed process of the Draft By-law to repeal and replace By-law Evaluation of Tourism Criteria The proposed enhancement of the current practice would include a Region of Peel staff evaluation of the Tourism Criteria set out in Ontario Regulation 711/91. Economic development and tourism implementation is administered at the local level and Regional staff do not hold specific subject matter expertise in this area. Tourism constitutes a wide variety of sectors that provide diverse products and services to visitors. However, these businesses also provide products and services to local residents making it difficult to assess the specific tourism association of some businesses. Nonetheless, it is proposed that Regional staff provide independent evaluation of the materials submitted in support of applications. Support for exemption would be based on the confirmation that all the criteria set out in the regulations have been responded to, that factual elements are complete, that justification is reasonable, and that information is generally consistent with publicly available materials. Such evaluation that is independent from that of the applicant will help Council in its responsibility to take into account the principle that holidays should be maintained as common pause days. Some examples of the evaluation by Regional staff include: Is the retail establishment within two kilometres of a tourist attraction o Have the criteria been addressed in the submission; o Regional GIS data confirmation of the distance identified; and, o Is the identified tourist attraction eligible for the purposes of the Regulation. Is the retail establishment directly associated with the tourist attraction or relies on tourists visiting the attraction for business on a holiday: o Has the criteria been addressed in the submission; o Is the identified tourist attraction eligible for the purposes of the regulation; and, o Is there evidence provided of the association with an existing tourist attraction that is consistent, reasonable, persuasive, and factually accurate considering publicly available materials. Is the identified tourist attraction eligible for the purposes of the regulation which limits them to: a) natural attractions or outdoor recreation attractions; b) historical attractions; and, c) cultural, multi-cultural or educational attractions. o o Have the criteria been addressed in the submission. Is there evidence provided that the tourist attraction is eligible for the purposes of the regulation that is consistent, reasonable, persuasive, and factually accurate considering publicly available materials (including the review of materials such as tourism guides, master plans, documents and mapping from local municipalities or other relevant sources)

8 For retail establishments that normally use 2,400 square feet or more for serving the public or normally has 4 or more employees serving the public, are goods and services on holidays primarily provided to tourists o o Has the criterion been addressed in the submission. Is there evidence provided that is consistent, reasonable, persuasive, and factually accurate considering publicly available materials. Notwithstanding the proposed staff evaluation and recommendation that would be provided to assist Council, Council would make the final determination whether it is persuaded that the Tourism Criteria are met. Council retains the legal authority to make a decision for or against exemption in accordance with the Act. Should there be a discrepancy between the application and the findings of Regional staff, Council may also call upon advice from Regional legal staff to further assist with decision making. CONCLUSION Regional staff will continue to advocate for proclamation of Section 1.2 of the RBHA. In the meantime, it is recommended that Council endorse the proposed approach for streamlining applications under the Retail Business Holidays Act set out in this Report and that a by-law be presented for enactment to repeal and replace By-law Lorraine Graham-Watson, Commissioner of Corporate Services Approved for Submission: D. Szwarc, Chief Administrative Officer APPENDICES Appendix I Background Information on the RBHA Appendix II Ontario Regulation 711/91 Tourism Criteria Appendix III By-law Appendix IV Peel Application for Exemption Process as written in By-law Appendix V Current Practice of the Application for Exemption Process Appendix VI Analysis of proposed changes to By-law Appendix VII Conceptual Peel Application for Exemption Process For further information regarding this report, please contact Arvin Prasad, Director, Integrated Planning Division, extension 4251, arvin.prasad@peelregion.ca Authored By: Deepiga Vigneswaran Reviewed in workflow by: Legal Services - 8 -

9 Appendix I History & Background of the RBHA Background: Provincial Review & Amendments to the Retail Business Holidays Act Since its enactment on December 18, 1975, three major changes have been made to the Act. Sunday was removed from the list in 1993 and Family Day was added in October And in 2006, a comprehensive update resulted in amendments that exempted the City of Toronto from the RBHA. Amendments to the RBHA also proposed to give remaining municipalities a similar power to exempt themselves from the RBHA. However, these changes have yet to be proclaimed and brought into force. The changes are outlined in Section 1.2 of the RBHA and would provide Council with the ability to exempt a municipality from the RBHA provided a by-law is passed to require that one or more classes of retail establishments be closed on a holiday. In effect, this would give Council the ability to specify which types/classes of retail stores stay open or closed on a specific holiday on a sector-wide basis. The Province of Ontario recognizes nine paid public or statutory holidays each year: New Year s Day (January 1); Family Day (third Monday of February); Good Friday (based on lunar cycle); Victoria Day (first Monday before May 24); Canada Day (July 1); Labour Day (first Monday in September); Thanksgiving Day (second Monday in October); Christmas Day (December 25); and Boxing Day (December 26). The RBHA provides an enforced day of rest for many workers. Beyond legal considerations of opening and closing, businesses must also consider their obligations to employees. Boxing Day, for example, is still considered a public holiday and special provisions regarding rates of pay and/or time off work apply. The Act maintains the principle that holidays should be maintained as common pause days. Family Day, for example, was created to give people time to spend with their families and provides a day off between New Year s Day and Good Friday as they are approximately three months apart. According to the Employment Standards Act, Employees have the right to the 9 provinciallyrecognized public holidays and public holiday pay. Statutory holidays provide the only guaranteed time off the job for retail workers, many of whom face constant fluctuations in shift schedules and other precarious working conditions. As per the Employment Standards Act, businesses must maintain the common pause day principle.

10 Appendix I History & Background of the RBHA Regional Council Role in Retail Business Holidays Act Applications The Act splits the responsibilities for administration and enforcement between the upper-tier municipality and the province. The Regional Municipality has three primary functions in providing information on the Act, processing applications for exemptions from the Act, and passing exemption by-laws. A typical Application for Exemption of the Act shall contain the following: A description of the area or the retail business establishment (Section 6, Subsection 1(1) of O. Reg. 711/91) Justification, in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the exemption (Section 6, Subsection 1(2) of O. Reg. 711/91) Information establishing that the tourism criteria set out in O. Reg. 711/91 are met (Section 6, Subsection 1(3) of O. Reg. 711/91) The RBHA requires that retail businesses be closed for business on all statutory holidays. Exemptions are present for certain types of retail businesses, 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 or vegetable stands; Art galleries under 2,400 sq. ft in size; Liquor sales; Retail sales from a tourist attraction; Admission to premises for educational, recreational or amusement purposes; and Restaurants, hotels/motels, laundromats, vehicle/boat rentals.

11 Appendix II Ontario Regulation 711/91 Tourism Criteria 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) 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).

12 Appendix II Ontario Regulation 711/91 Tourism Criteria 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 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 (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).

13 Appendix III By-law THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER A by-law under subsection 4(9) of the Retail Business Holidays Act (the "Act"), to establish a procedure to be followed by applicants for a by-law under subsection 4(1) of the Act permitting retail business establishments to open on holidays for the purpose of maintaining or developing tourism and for combining two or more applications, holding one public meeting with respect to two or more applications, establishing fees for the processing of applications and limiting the number of applications that will be considered in any year, and to repeal By-law Number WHEREAS subsection 4(1) of the Retail Business Holidays Act, R.S.O. 1990, c. R.30 as amended (the "Act") permits Regional Council to pass by-laws to permit retail business establishments in the Region to be open on holidays for the maintenance or development of tourism; AND WHEREAS the Council of the Regional Corporation on the 28th May, 1992, passed By-law Number under subsection 4(9) of the Retail Business Holidays Act to establish a procedure to be followed by applicants for a by-law under subsection 4(1) of the Act permitting retail business establishments to open on holidays for the purpose of maintaining or developing tourism and for combining two or more applications, holding one public meeting with respect to two or more applications, establishing fees for the processing of applications and limiting the number of applications that will be considered in any year; AND WHEREAS the Council of the Regional Corporation has by resolution adopted on the 4 th March 1999, authorized the enactment of a by-law to repeal By-law Number and enact a new by-law in its place; NOW THEREFORE, the Council of the Regional Corporation enacts as follows: 1. The attached Schedule "A" to this by-law (the "Procedure") is hereby adopted and shall be adhered to by applicants for a by-law under subsection 4(1) of the Act to permit retail business establishments to open on holidays. 2. An application fee in the amount provided for in the Fees By-law shall be paid to the Regional Corporation at the time that the application is submitted. A refund shall be made only in the circumstances provided for and in the amounts provided for in the Fees By-law. 3. Regional Council or a committee thereof may combine two or more applications where, in the opinion of Regional Council or the committee, it is expedient to do so and Regional Council may hold one public meeting with respect to two or more applications, in accordance with the Procedure. 4. The number of applications which Regional Council will consider in any year shall be the number of applications which are submitted together with all supporting documents and payment of the required fees on or before the deadline dates established under the Procedure. 5. By-law Number is repealed.

14 Appendix III By-law READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 11 th March, Schedule "A" Procedures for Processing of Applications for By-laws under Subsection 4 (1) of the Retail Business Holidays Act ("Tourism Exemption By-laws") Interpretation 1. In this procedure all terms used which also appear in the Retail Business Holidays Act (hereinafter referred to as the "Act") or in Ontario Regulation 711/91 ("Tourism Criteria") made under the Act (hereinafter referred to as a "Regulation") shall have the same meaning as in the Act or Regulation unless otherwise specifically provided herein. Applications and Supporting Documents 2. (1) An application for a by-law to permit retail business establishments in the Regional area to be open on holidays for the maintenance or development of tourism shall be made by delivering to the Commissioner of Planning six signed copies of a completed application, in the form approved by the Commissioner of Planning, signed by the applicant together with six copies of the supporting documents as hereinafter described and payment of the required fee. (2) A completed Special Event Application consists of: (a) the application fee; (b) six copies of the Key Plan, and (c) six copies of the completed Special Event application form. (3) A completed Establishment or Area Application consists of: (a) the application fee; (b) six copies of the Key Plan; (c) six copies of a study addressing whether or not the exemption requested will comply with the relevant criteria under the Act and Regulation; (d) six copies of the completed Establishment and Area application form. 3. (1) Except where application is made for exemption on an area basis, a separate application shall be submitted for each retail business establishment for which exemption is sought, and a separate application fee charged accordingly. This provision does not apply to Special Event applications. (2) A refund in the amount prescribed by the Fees By-law will be made if the application: (a) is not permitted to proceed to a public meeting; or

15 Appendix III By-law (b) is withdrawn by an applicant before arrangements for the advertisement of a public meeting in respect of that application have been made. (3) A refund in the amount of realized cost savings to be calculated by the Regional Clerk shall be made where advertisement of a public meeting in respect of two or more applications results in cost savings. 4. Supporting documents shall include all documents which are required by the Commissioner of Planning and, except in the case of an application for a fair, festival or special event, shall include one or more studies prepared by qualified persons which shall set out the qualifications of such persons, the methodology employed, the relevant facts, data and other information considered, reasons for conclusions drawn and which shall address the question of whether or not the exemption requested will comply with the relevant criteria under the Act. 5. Applications shall be processed on a quarterly basis in each year. The deadlines for submission of applications shall be January 15, April 15, July 15 and October 15 in each year. Incomplete applications will not be processed. 6. Upon receipt the Commissioner of Planning shall forward one copy of the application and supporting documents to the Regional Clerk. 7. Upon receipt, the Commissioner of Planning shall forward a copy of the application and supporting documents to the Clerk of the area municipality in which the retail businesses are located, with the exception of applications made by that area municipality, and to the Clerk of any other area municipality within the Region of Peel which is within one (1) kilometre of a retail business establishment to which the application relates, with a request that such area municipality comment on the application within 30 days of the date of the request. 8. The Commissioner of Planning may seek comments from any other Regional department, local board, person or agency. 9. After each deadline date, the Commissioner of Planning shall prepare a report to the Planning Committee with respect to all applications received on or before the deadline date (but after the previous deadline date) referring to any comments received and containing a conclusion as to whether or not each of the applications appears to meet the criteria under the Act, on the basis of the information available and if so, a recommendation that the application proceed to a public meeting. 10. The Planning Committee shall determine whether each application considered by it should or should not proceed to a public meeting, and if not, the process ends with respect to that application. 11. (1) The Regional Clerk shall give notice of the public meeting. The public meeting shall be held at any regular or special meeting of Regional Council. The Commissioner of Planning shall prepare a draft by-law for consideration at the public meeting. (2) Notice under subsection 4(6) of the Retail Business Holidays Act, R.S.O. 1990, chapter R-30 as amended, of a public meeting for the purpose of informing the public in respect of a proposed by-law shall be given by:

16 Appendix III By-law (a) posting in the retail business establishments proposed to be exempted at least twenty days in advance of the proposed public meeting. Such notice shall be clearly visible and legible from a public place adjacent to each store and also in each store for the information of shoppers; (b) publication in at least one newspaper which has general circulation in the Region, at least 30 days before the meeting is to be held; (c) prepaid first class mail to the applicant; (d) prepaid first class mail to every person and agency that has given the Regional Clerk a written request for such notice in respect of the proposed by-law, provided that such request shows the person's or agency's address; (e) prepaid first class mail to the clerk of each area municipality within the Region of Peel any part of which is within one kilometre of the area to which the proposed by-law applies; (f) prepaid first class mail to the policing authority having jurisdiction in the area to which the proposed bylaw applies. 12. The Regional Clerk shall send by first class prepaid mail to the applicant a certified true copy of any by-law which is enacted. General 13. (1) Before enacting a tourism exemption by-law, Regional Council shall: (a) take into account the principle that holidays should be maintained as common pause days; (b) be satisfied that the requirements set out in the Regulation have been complied with. (2) The applicable criteria are those provided for in the Act, the Regulation and this Procedure as amended from time to time. 14. Regional Council is not required to enact a tourism exemption by-law even if this procedure has been followed and the criteria set out herein have been met. 15. In the event that a by-law passed by Regional Council pursuant to the Act is appealed to the Ontario Municipal Board, the Regional Corporation is not obligated to appear as a party to those proceedings or attend any hearing with or without legal counsel or to make staff available to appear as witnesses. Any party to such an appeal wishing that the Regional Corporation make such appearance or attendance, shall be requested to enter into an agreement with the Regional Corporation on terms satisfactory to the Regional Corporation to pay for all the costs and expenses incurred by the Regional Corporation including staff salaries, benefits and payroll costs. 16. An inadvertent failure of the Council, any committee thereof or Regional staff acting in good faith to observe any requirement or other aspect of this procedure which is not a requirement of the Act or Regulation, shall not invalidate the process nor the by-law affected. Regional Council may by resolution at any time suspend the operation of this procedure either generally or with respect to any particular application or applications.

17 Appendix IV Peel Application for Exemption Process as written in By-law Process no longer practiced Submission of Completed Application on a quarterly basis either: January 15, April 15, July 15 or October 15 Day 1 Commissioner of Planning circulates the Application for agency/local municipality comments Day 30 Commissioner of Planning prepares a report to Planning Committee Day 60 Day 90 Planning Committee decides to proceed to Public Meeting Planning Committee decides not to proceed to Public Meeting Day 120 Commissioner of Planning prepares: a) draft by-law and b) Public Notice for Public Meeting Application is denied and Applicant receives a partial refund Day150 Regional Council makes decision on application to adopt or deny By-law If approved, Regional Clerk provides certified true copy of enacted By-law Any person may appeal to the OMB by filing a notice Implementing By-law comes into effect Day180

18 Appendix V Current Practice of the Application for Exemption Process (i.e. modified By-law ) Process required by RBHA Submission of Completed Application Form & Application Fee Day 1 Director of Development Services (DS) receives application Director of DS circulates the Application for agency/local municipality comments Day 30 Director of DS prepares a report to Regional Council Day 60 Day 90 Regional Council decides to proceed to Public Meeting Regional Council decides not to proceed to Public Meeting Day 120 Director of DS prepares: a) draft bylaw and b) Public Notice for Public Meeting Application is denied and Applicant receives a partial refund Day150 Regional Council makes decision on application to adopt or deny By-law If approved, Regional Clerk provides certified true copy of enacted By-law Any person may appeal to the OMB by filing a notice Implementing By-law comes into effect Day180

19 Appendix VI Proposed changes to By-law Procedures for Processing of Applications for Exemption Existing Requirement in By-law Current Practice Proposed Changes Rationale An Application for the maintenance or development of tourism shall be made to the Commissioner of Planning. An Application for the maintenance or development of tourism is made to the Director of Development Services. Commissioner of Planning will be replaced with Regional staff (location of submission will be clearly noted on the application form). Commissioner of Planning no longer exists. Planning Committee shall determine whether each application considered by it should or should not proceed to a public meeting, and if not, process ends with respect to the application. Because there no longer is a Planning Committee, Regional Council has been deciding whether or not the application should move forward to a public meeting. Remove the term Planning Committee and further eliminate the need for specific Committee / Council direction to proceed to a public meeting for any complete application. Set a standing authorization for a public meeting for any complete application. Planning Committee no longer exists and opportunity for streamlining. By having a standing authorization, the process is minimized by at least 6 weeks. Currently, Staff create a: - Report to Council requesting public meeting - Presentation for public meeting - Staff Report to Council The redundancy in information at all three stages adds little value to the process or the applicant. A refund in the amount prescribed by the Fees By-law will be made if the application: is not permitted to proceed to a public meeting or is withdrawn by the applicant. A refund in the amount prescribed by the Fees By-law will be made if the application: is not permitted to proceed to a public meeting (thereby not requiring funds for the public notice) or is withdrawn by the applicant. A refund will only be given should the applicant wish to withdraw the application. Because the new procedure proposes a standing authorization for a public meeting, the full payment is needed for the payment of newspaper notices. Applications shall be processed on a quarterly basis in each year. The deadlines for submission of applications shall be January 15, April 15, July 15 and October 15 in each year. Applications are processed at time of submission. Remove this step entirely. Applications shall be processed at time of submission. This is consistent with current practice and customer service principles of the Region. Staff shall prepare a report with respect to the application, referring to any comments received, and containing a conclusion as to whether or not each of the applications appears to meet the criteria under the Act, and a recommendation that the application proceed to a public meeting. The onus is on the applicant to demonstrate its compliance with the Tourism Criteria. Staff prepare a Recommendation Report with respect to the application, referring to any comments received. Staff remind Council of the common pause day principle as well as the criteria set out in Ontario Regulation 711/91. To better assist Council in making decisions for or against an exemption, staff shall prepare a report with an evaluation and recommendations considering the Tourism Criteria set out in Ontario Regulation 711/91 while recognizing the full decision making authority of Council. To further assist with decision making, Council will also be provided legal advice (should discrepancies arise). Council is required to take into account the principle that holidays should be maintained as common pause days and may only pass exemption by-laws if there is compliance with the tourism criteria established by regulation.

20 Appendix VII Conceptual Peel Application for Exemption Process Process required by RBHA Submission of *Complete Application & Application Fee to Regional staff Day 1 Regional staff circulates the Application for agency/local municipality comments Regional staff prepares a Draft Bylaw and submits Public Notice for Public Meeting (standing authorization for public meeting) Day 30 Public Meeting takes place Day 70 Regional staff prepares a Staff Recommendation Report providing overview of the application At the very next Council Meeting (Regional Council makes decision on application to adopt or deny By-law) Day 85 If approved, Regional Clerk provides certified true copy of enacted By-law Any person may appeal to the OMB by filing a notice Implementing By-law comes into effect Day115 *Complete Application the applicant has addressed all of the relevant Tourism Criteria