Council pursuing store hours deregulation

City council has started down a path that could ultimately lead to the public deciding whether or not businesses in Sudbury should have their hours of operation dictated to them through a bylaw.

Council voted on Feb. 14 to direct staff to prepare a report on the possibility of including a referendum question about the regulation of store hours as part of the 2014 municipal elections. That report will be presented to council no later than the fall.

Ward 5 Coun. Ron Dupuis brought forward the motion. The issue of deregulating store hours has been a very divisive one for the community, because there are some people who believe council shouldn't be determining hours of operation for businesses, he said.

“However, the vast majority of businesses are telling councillors they want to keep regulated store hours. Our community has not suffered due to regulated store hours. Developers in Sudbury will tell you that the issue of store hours has never been an bone of contention with any new businesses that come into the city.”

Dupuis said he has always been in favour of regulating store hours, but rather than himself or other councillors making the decision, it could now very well be up to the public to decide. That being said, it will require a voter turnout of at least 50 per cent in order for the referendum to be binding. If voter turnout is less than 50 per cent, whether the results are for or against deregulation, council can then decide if they want to proceed with it or not, Dupuis said.

“Rather than have the debate and the same results time and again, we just want to see if public involvement will change anything,” he said. “A referendum is very cost effective, especially if you do it at election time.”

In contrast, Mayor Marianne Matichuk said the decision needs to be left up to business owners, and councillors should vote based on what those business owners want. Greater Sudbury is the only municipality in all of Ontario that still regulates store hours. Sending the decision to a referendum is a “cop out,” she said.

“I think that if we are voted in to represent the public, and there have been numerous polls that show 70 per cent of people believe store owners should be able to do what they want with their business, then how much more evidence you need,” she said.

“To my understanding, most store owners want to deregulate store hours, and at the end of the day, we will probably get one grocery store and one pharmacy that will stay open. The business owners will decide whether it will be feasible to stay open past the current hours of operation set out in the bylaw.”

While “it's great” that the decision will go out to the public, Matichuk is concerned about the fact this needs a 50-per-cent voter turnout to be binding. If only 30 per cent of the population votes, how is council supposed to make a decision based on that, she queried.

“Sault Ste. Marie went this route with boxing day hours, and they are regretting it,” Matichuk said. “They had about a 40-per-cent voter turnout, and they acted on it, and now they're kicking themselves and will be bringing it back to referendum.”

Voter turnout varies year to year, and it can “be in the 40s no problem,” Dupuis said, but this will certainly spark interest in the elections, especially if there is a hotly contested mayoral race.

Dupuis’ motion captured the approval of the Greater Sudbury Chamber of Commerce. According to a new release, the recommendation that city council put the deregulation of store hours to a referendum during the 2014 municipal election was an “unexpected and welcomed surprise.”

In the press release, the Chamber states Dupuis was one of the eight councillors who voted against the elimination of the store hour’s bylaw when it was raised a year ago, “so we are pleased that he was willing to introduce this option.”

“Our chamber has advocated for years that the city has no business dictating how retailers should run their businesses. They are the only sector in our economy where city council controls their hours and days of operation and Greater Sudbury is the only community in Ontario where this happens.

“Past experiences with this issues being raised at city council have been unpleasant at best and cause great divisiveness and conflict for council, proponents and opponents. While we honour a democratic society and decision-making, we take exception when facts are manipulated to plead a case.

“While it is unfortunate that city council may choose not to deal with the subject on their own prior to the next municipal election, perhaps taking the decision away from council and placing it in the hands of the electorate will resolve the issue once and for all.”

In the end, the only two people to vote against the motion were Matichuk and Ward 9 Coun. Doug Craig, who said, “This is something we are elected to do. I would like to see it come to council again. I know where I stand on the issue, and I would appreciate the opportunity for this council to go through it again.”

Posted by Arron Pickard