The Civil Code and several other statutes contain provisions which, in certain circumstances, may impose on the purchaser of a business or a sub-contractor the individual contracts of employment, collective agreements, pending proceedings, financial obligations and other liabilities attaching to the business.
The type of transactions which may trigger the application of successor rights and obligations and the extent of the liabilities deriving therefrom may vary from one statute to the other. A careful analysis with the assistance of counsel should be carried out as part of the due diligence process in order to identify and quantify the liabilities which could be transferred to the purchaser (or other contracting party).
Business Hours
Business hours of retail establishments are governed by An Act Respecting Hours and Days of Admission to Commercial Establishments.
The public may be admitted to a commercial establishment only between the hours of:
8:00 a.m. and 9:00 p.m. from Monday to Friday,
8:00 a.m. and 5:00 p.m. on Saturdays and Sundays,
8:00 a.m. and 5:00 p.m. on December 24 and 31,
1:00 p.m. and 9:00 p.m. on December 26 where it falls from Monday to Friday,
1:00 p.m. and 5:00 p.m. on December 26 where it falls on a Saturday or a Sunday.
The public may not be admitted to a commercial establishment on January 1, January 2, Easter Sunday, June 24, July 1, Labour Day, or December 25.
The public may be admitted to a grocery store only between the hours of:
8:00 a.m. and 8:00 p.m. on Saturdays and Sundays, and 8:00 a.m. and 9:00 p.m. on other days of the week;
8:00 a.m. and 5:00 p.m. on December 24 and 31; and
1:00 p.m. and 8:00 p.m. on December 26, if it is a Saturday or a Sunday, or 1:00 p.m. and 9:00 p.m., if it is another day of the week
Nevertheless, the public may be admitted to commercial establishments outside the hours and on the days mentioned above in certain circumstances. The main exceptions are comprised of the following:
- restaurants, bars, gasoline stations, newsstands, libraries, tobacco shops, art galleries, handicrafts shops, florists, garden centers, antique shops;
- grocery, convenience, drug and liquor stores provided that no more than 4 persons attend to the operation of the establishment outside the hours and on the days listed above;
- commercial establishments in designated tourist areas or in designated local municipalities situated near the territorial limits of the Province of Québec; and
- approved special events such as festivals, fairs, shows or exhibitions.
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.
