Quebec's Minister of Health and Social Services has issued an order allowing certain commercial retail establishments to extend their operating hours on weekdays and Saturdays, while requiring many retail establishments to close on Sundays.

Dated March 30, 2020, the Order was issued pursuant to powers granted by order-in-council on March 29, 2020 allowing the Minister of Health and Social Services to take a number of measures under section 123 of the Public Health Act, including ordering any actions that may be necessary to safeguard public health.

The Change in Operating Hours

The Order follows a statement by Premier Legault on March 30, 2020, the French version of which provided that "tous le mois d'avril les commerces vont être fermée le Dimanche". Properly translated, this means that stores must be closed on Sundays throughout April. However, the English text of his statement provided that "businesses will now be closed on Sundays", a much broader requirement. The statement in both languages also made an exception for pharmacies, service stations, convenience stores and restaurants (other than dining on premises) to remain open on Sundays.

The Order clarifies that the restriction on operating on Sundays is limited to retail commercial establishments and extends the exception to not only pharmacies, convenience stores, service stations, restaurants (for drive thru, take-out and delivery), but also grocery stores for orders placed online or by telephone and delivery.

The Order also allows for the extension of operating hours from Monday to Saturday inclusively for pharmacies, grocery stores and other food retailers, as well as stores not located in a mall that offer grocery or pharmacy in order to allows those businesses meet customer needs. Additionally, the order also allows those businesses to have the number of employees needed to attend to operations during that time period.

Additional Guidance for Retail Establishments that Can Remain Open on Sunday or Extend their Hours on Other Days

The Order-in-Council of March 20, 2020 prohibiting public gatherings makes an exception for workplaces whose activities are not suspended by the orders, while at the same time requiring that persons assembled at such workplaces maintain, as much as possible, a minimum distance of 2 metres between them.

Additional obligations may apply to workplaces. For example, reasonable precautions to protect the health of their employees may include the provision of appropriate protective equipment, downsizing, allowing non-essential employees to work remotely and requiring employees to self-report any illness (including that of a family member).

Non-compliance

There are a number of offences under the Public Health Act that can apply in case of non-compliance with the Order, each of which can result in a fine of $1,000 to $6,000, with minimum and maximum fines being doubled in the case of a second or subsequent offence.

Going Forward

The Government of Quebec has stated that the situation will be reassessed daily. We will keep you informed. One thing is certain: Quebec businesses will need a lot of advice in the coming days, because things are far from clear. Your usual contact at Stikeman Elliott will be able to answer your questions on issues related to the impact of COVID-19 and related governmental measures.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.