The Lord s Day Act. being. Chapter L-34 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979).

Transcription

1 The Lord s Day Act UNEDITED being Chapter L-34 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Games, contests, etc., on Sunday in municipalities, etc. 4 Bylaws 5 Petition for bylaw 6 Submission of certain bylaws to a vote of electors 7 Repeal of bylaws 8 Duties of certain officials 9 Games, contests, etc., on Sunday in local improvement districts and Northern Saskatchewan Administration District 10 Petition for order 11 Certain bylaws and orders of no effect 12 Time 13 Public authority 14 Libraries 15 Performance on the Lord s Day

3 CHAPTER L-34 An Act to provide for Certain Exceptions to the Lord s Day Act (Canada). Short title 1 This Act may be cited as The Lord s Day (Saskatchewan) Act. Interpretation 2 In this Act: elector (a) elector means: (i) in the case of a person residing in a municipality, a per son entitled to vote for the election of members of the council of that municipality; (ii) in the case of a person residing in a local improvement district or in the Northern Saskatchewan Administration District, a person: (A) who on the date of the submission of a petition under section 10 is of the age of eighteen years or more; and (B) is ordinarily resident in the local improvement district or the Northern Saskatchewan Administration District, as the case may be; Lord s Day (b) Lord s Day means the period of time that begins at twelve o clock midnight on Saturday and ends at twelve o clock midnight on the Sunday: next following; municipality (c) municipality means a city, town, village, rural munici pality and The Municipal Corporation of Uranium City and District. R.S.S. 1965, c.419, s.2; R.S.S. 1978, c.l-34, s.2. Games, contests, etc., on Sunday in municipalities, etc. 3(1) Where: (a) a bylaw passed under subsection (1) of section 4 is in force, and subject to its provisions, it shall be lawful in a municipality; (b) an order made under section 9 is in force, and subject to its provisions, it shall be lawful in the local improvement district or in the Northern Saskatchewan Administration Dis trict or in such part or parts thereof as are specified in the order; for any person, between half-past one and six o clock in the after noon of the Lord s Day to provide, engage in or be present at any public game, contest or sport that is specified in the bylaw or order at which a fee is charged and which, but for this Act, would be unlawful under section 6 of the Lord s Day Act (Canada), or to do or to employ any other person to do any work, business or labour in connection with at public game, contest or sport which, but for this Act, would be unlawful under section 4 of the Lord s Day Act (Canada).

4 4 c. L-34 LORD S DAY (2) Where a bylaw passed by the council of a city or town under subsection (2) or (4) of section 4 is in force, it shall, subject to the provisions of the bylaw, be lawful in that city or town, for any per son, after the hour of half-past one o clock in the afternoon of the Lord s Day to provide, engage in or be present at any public game, contest or sport that is specified in the bylaw at which a fee is charged and which, but for this Act, would be unlawful under sec tion 6 of the Lord s Day Act (Canada), or to do or to employ any other person to do any work, business or labour in connection with that public game, contest or sport which, but for this Act, would be unlawful under section 4 of the Lord s Day Act (Canada). R.S.S. 1965, c.419, s.3; 1971, c.28, s.2; R.S.S. 1978, c.l-34, s.3. Bylaws 4(1) The council of a municipality may pass a bylaw: (a) providing that subsection (1) of section 3 applies in the municipality between the hours of half-past one and six o clock in the afternoon of the Lord s Day; and (b) specifying the public game, contest or sport to which sub section (1) of section 3 applies. (2) The council of a city or town may pass a bylaw: (a) providing that subsection (2) of section 3 applies in the city or town after the hour of half-past one o clock in the afternoon of the Lord s Day; and (b) specifying the public game, contest or sport to which sub section (2) of section 3 applies. (3) Subject to subsection (4), no bylaw passed under subsection (1) or (2) has any effect until it has received the assent of a majority of the electors of the municipality who vote thereon and whose ballots are not rejected. (4) The council of a city or town may pass a bylaw to amend a bylaw passed under subsection (1) or under subsection (1) as it existed immediately prior to the coming into force of this section to provide that subsection (2) of section 3 applies in the city or town after the hour of half-past one o clock in the afternoon of the Lord s Day; and in such case the assent of the electors as required by subsection (3) need not be received in order that the bylaw to amend the bylaw have effect. 1971, c.28, s.3; R.S.S. 1978, c.l-34, s.4. Petition for bylaw 5(1) A petition signed by: (a) at least ten per cent of the electors of a municipality; or (b) two thousand electors of the municipality; whichever is the lesser, may be presented to the council of the municipality by filing it with the clerk, secretary or secretary treasurer, as the case may require, of the municipality: (c) requesting the council of the municipality to pass a bylaw providing that section 3 applies in the municipality; and (d) specifying the public game, contest or sport in respect of which section 3 ought to be made applicable.

5 LORD S DAY c. L-34 5 (2) All signatures to a petition shall be affixed to the petition within the period of twelve months immediately preceding the day on which the petition is filed. (3) Where a petition is filed under subsection (1) the council of the municipality to which the petition is presented shall: (a) at its next regular meeting or at a special meeting called for the purpose, give first and second readings to the bylaw requested in the petition; and (b) subject to subsection (4), submit the bylaw to a vote of the electors: (i) on the day appointed for the next ensuing municipal election in the municipality where the petition is filed forty-five days or more before such day; (ii) on the day appointed for the municipal election next following the next ensuing municipal election where the petition is filed within forty-five days of the day appointed for the next ensuing municipal election. (4) The clerk, secretary or secretary, treasurer, as the case may be, of a municipality in which a bylaw will be submitted to a vote pursuant to subsection (3) shall, not less than fifteen days before the day on which the vote is to be taken, cause to be published at least once in a newspaper having general circulation in the municipality a notice setting forth the bylaw and indicating that it will be submitted to a vote of the electors at the next ensuing municipal election. (5) Where a bylaw submitted to a vote pursuant to subsection (3) receives the assent of a majority of the electors of the munici pality who vote thereon and whose ballots are not rejected, the council of the municipality shall at its next regular meeting, give third reading to the bylaw and pass it. R.S.S. 1965, c.419, s.5; R.S.S. 1978, c.l-34, s.5. Submission of certain bylaws to a vote of electors 6 Notwithstanding anything in this Act, the council of a munici pality may, at any time: (a) submit a bylaw passed under section 4 to a vote of the electors of the municipality; (b) submit to a vote of the electors of the municipality a bylaw to amend a bylaw passed under section 4. R.S.S. 1965, c.419, s.6; R.S.S. 1978, c.l-34, s.6. Repeal of bylaws 7 The council of a municpality shall not repeal a bylaw passed under section 4: (a) until the expiration of at least three years after the day on which the bylaw came into force; (b) without receiving a petition signed by: (i) at least ten per cent of the electors of the municipality; or (ii) two thousand electors of the municpality; whichever is the lesser, requesting the repeal of the bylaw; and

6 6 c. L-34 LORD S DAY (c) unless the bylaw to repeal the bylaw passed under section 4 is submitted to a vote of the electors of the municipality and receives the assent of a majority of those electors who vote thereon and whose ballots are not rejected. R.S.S. 1965, c.419, s.7; R.S.S. 1978, c.l-34, s.7. Duties of certain officials 8 Where a bylaw is, pursuant to this Act, submitted to a vote of the electors on the day appointed for municipal elections, the deputy returning officers, poll clerks and other officials appointed for the purpose of the municipal elections shall, without additional remuneration, act in the same capacity and perform the same duties for the purposes of and in connection with, the vote taken under this Act; and the same ballot boxes and polling booths shall be used for the purpose of the vote as are used for such municipal elections. R.S.S. 1965, c.419, s.8; R.S.S. 1978, c.l-34, s.8. Games, contests, etc., on Sunday in local improvement districts and Northern Saskatchewan Administration District 9(1) Subject to section 10: (a) the Minister of Municipal Affairs may by order: (i) provide that section 3 applies between the hours of half-past one and six o clock in the afternoon of the Lord s Day in a local improvement district or in any part or parts thereof designated in the order; (ii) specify the public game, contest or sport to which sec tion 3 applies; (b) the Minister of Northern Saskatchewan may by order: (i) provide that section 3 applies between the hours of half-past one and six o clock in the afternoon of the Lord s Day in the Northern Saskatchewan Administration District or in any part or parts thereof designated in the order; (ii) specify the public game, contest or sport to which sec tion 3 applies. (2) Any provision of an order made under subsection (1) may differ in different parts of a local improvement district or the North ern Saskatchewan Administration District, as the case may be, and with respect to different public games, contests or sports. R.S.S. 1965, c.419, s.9; R.S.S. 1978, c.l-34, s.9. Petition for order 10(1) No order shall be made under section 9 unless the min ister has received a petition requesting the making of the order. (2) The petition mentioned in subsection (1) shall: (a) be signed by: (i) at least ten per cent of the electors; or (ii) two hundred electors;

7 LORD S DAY c. L-34 7 whichever is the lesser, of the local improvement district or the Northern Saskatchewan Administration District, as the case may be; (b) request the Minister of Municipal Affairs or the Minister of Northern Saskatchewan, as the case may require, to make an order under section 9 providing that section 3 applies in the local improvement district or the Northern Saskatchewan Administration District, as the case may be, or in any part or parts thereof; (c) specify the public game, contest or sport in respect of which section 3 ought to be made applicable; and (d) be filed with the Minister of Municipal Affairs or the Minister of Northern Saskatchewan as the case may require. (3) All signatures to a petition shall be affixed to the petition within the period of twelve months immediately preceding the day on which the petition is filed. (4) Where a petition is filed pursuant to subsection (2), the Min ister of Municipal Affairs or the Minister of Northern Saskatchewan Resources, as the case may require, shall make the order requested in the petition. (5) No order made by the Minister of Municipal Affairs or by the Minister of Northern Saskatchewan shall have any effect until it has received the assent of a majority of the electors of the local improvement district or of the Northern Saskatchewan Administra tion District, as the case may require, who vote thereon and whose ballots are not rejected. (6) The Minister of Municipal Affairs and the Minister of Tour ism and Renewable Resources may make regulations respecting the holding of a vote under subsection (5). R.S.S. 1965, c.419, s.10; R.S.S. 1978, c.l-34, s.10. Certain bylaws and orders of no effect 11 No bylaw passed under section 4 and no order made under section 9 shall authorize the holding or providing of, engaging in or attending at horse races or horse race meetings, dog races, boxing contests or exhibitions of wrestling or other like exhibitions or con tests on the Lord s Day. R.S.S. 1965, c.419, s.11; R.S.S. 1978, c.l-34, s.11. Time 12 Notwithstanding paragraph 12 of section 17 of The Interpretation Act, a reference to time in any provision of this Act shall, in respect of: (a) a municipality that adopts a time other than mountain standard time for regulating business hours, be deemed to be a reference to the time adopted by the municipality; (b) a local improvement district, be deemed to be a reference to central standard time where the Minister of Municipal Affairs so orders; (c) the Northern Saskatchewan Administration District, be deemed to be a reference to central standard time where the Minister of Northern Saskatchewan so orders. R.S.S. 1965, c.419, s.12; R.S.S. 1978, c.l-34, s.12.

8 8 c. L-34 LORD S DAY Public authority 13(1) In this section public authority means: (a) the Crown; (b) a municipality; (c) Wascana Centre Authority; or (d) a regional park authority within the meaning of The Regional Parks Act. (2) Notwithstanding anything in this or any other Act, a public authority may on the Lord s Day: (a) operate a curling rink, golf course, lawn bowling green, swimming pool or tennis court; (b) operate a museum, zoo or historical site; (c) operate a picnic, camping or sports or park area; (d) operate sight-seeing tours and associated services; (e) present a visual, or ceremonial display; (f) conduct a baseball, basketball, football, fastball, hockey or softball game; (g) operate a transportation facility; (h) operate an eating facility; (i) charge a fee to any person desiring: (i) to be present at any sport or game; (ii) to play or engage in any sport or game; (iii) to attend any museum, zoo or park; (iv) to use any transportation facility; or (v) to use any other facility; that is provided by a public authority under this section; or (j) do or employ any person to do any work, business or labour in connection with the provision or operation of any thing mentioned in this subsection. (3) Notwithstanding anything in this or any other Act, any per son may, on the Lord s Day, participate in any of the things provided by a public authority under subsection (2) which, but for this Act, would be unlawful under section 4 of the Lord s Day Act (Canada). (4) Nothing in this section renders it unlawful to do or partici pate in any activity that is permitted or authorized by this Act or by a bylaw passed under section , c.34, s.1; R.S.S. 1978, c.l-34, s.13.

9 LORD S DAY c. L-34 9 Libraries 14 Notwithstanding anything in this or any other Act: (a) the board of a public library within the meaning of The Public Libraries Act may on the Lord s Day operate a library for which it is responsible and may provide on that day all the services that it provides on any other day and may do or employ any person to do any work, business or labour in connection with the operation of the library; and (b) any person may, on the Lord s Day, participate in any of the things provided by a library board under this section which, but for this Act, would be unlawful under section 4 of the Lord s Day Act (Canada). 1972, c.70, s.2; R.S.S. 1978, c.l-34, s.14. Performance on the Lord s Day 15(1) In this section performance means: (a) a live presentation in a hall or indoor theatre of a musical program, ballet, exhibition of dancing, opera, stage play, variety show or other theatrical entertainment; (b) a rodeo or show of horses; (c) a mechanical ride at a fair or amusement park; or (d) a moving picture. (2) Notwithstanding anything in this or in any other Act but sub ject to subsection (3), any person may after the hour of half-past one o clock in the afternoon of the Lord s Day: (a) provide, engage in or be present at any performance at which a fee is charged and which, but for this Act, would be unlawful under section 6 of the Lord s Day Act (Canada); or (b) do or employ any other person to do any work, business or labour in connection with that performance which. but for this Act, would be unlawful under section 4 of the Lord s Day Act (Canada). (3) A performance of the kind mentioned in clause (a) of sub section (1) is lawful only if the sponsor of the performance prohibits dancing by any person who is required to pay a fee or charge in respect of his attendance at the performance or in respect of anything connected therewith. 1971, c.28. s.4; 1972, c.70, s.3; R.S.S. 1978, c.l- 34, s.15.

10 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2012