Chamber claims victory in referendum questions appeal

The Greater Sudbury Chamber of Commerce has won its fight to change the wording of the questions that will be used in the 2014 referendum on deregulating store hours.

Jonathan Laderoute, the chamber’s policy and communication person, said March 26 that Ontario’s chief electoral officer has ruled to more or less accept the chamber’s wording for the three questions instead of wording approved by city council.

“We got what we wanted,” Laderoute said.

He said provincial law requires the questions to be clear, concise and neutral, and the chamber didn’t believe the questions approved by city council met the criteria.

So they suggested changes, which the city rejected because they had based their wording on questions used in Sault Ste. Marie in 2010 for a referendum on shopping on Boxing Day.

The wording for the three questions approved by the city in December is: Are you in favour of retail business establishments opening on Dec. 26; Are you in favour of retail business establishments opening on the Civic Holiday, the first Monday in August; and, Are you in favour of allowing retail business establishments to set their opening hours?

“We felt the questions approved in December didn’t meet all of those criteria,” Laderoute said. “And (the chief electoral officer) agrees.”

With the ruling, the questions on the 2014 ballot will be: Are you in favour of retail business establishments having the choice to open to the public on Dec. 26; Are you in favour of retail business establishments having the choice to open to the public on the Civic Holiday, the first Monday in August; and, Are you in favour of allowing retail business establishments to choose the hours when they are open to the public?

The questions match wording suggested by the chamber, with one exception. Rather than voting on whether to allow stores to choose “their hours of operation,” Sudburians will vote on whether to allow stores “to choose the hours when they are open to the public.”

That distinction is important, City Clerk Caroline Hallsworth said, because stores are already allowed to set their own operating hours, but not when they are open to the public.

“So they can be operating, stocking shelves and what have you, but not open to the public,” Hallsworth said. “So that wording is an important distinction.”

She praised the appeals process, which was conducted by a provincial tribunal last month. Rather than a confrontational experience, she said everyone involved was genuinely interested in ensuring the questions were as clear and concise as possible.

“It was a very respectful process and it was a positive outcome for everyone,” she said.

“We are pleased with today’s ruling,” said Debbi Nicholson, chamber president and CEO, in a release.

“We launched the appeal because we believed the questions lacked clarity, and now, the questions as amended by the chief electoral officer, provide the necessary clarity and satisfy the requirements set out in the Municipal Elections Act – chiefly that they are clear, concise and neutral.”

Laderoute said with the appeals process complete, the chamber will now focus on carefully planning its campaign in favour of deregulation. Having fought to get clear questions on the ballot, the chamber wants to ensure it doesn’t accidently violate rules that would affect its lobbying efforts.

“Now the interesting part begins,” he said. “We need to know all the requirements and regulations, and that speaks to fundraising and spending limits.”

Its deregulation and red tape task force is scheduled to meet March 27 to look at the requirements for its campaign.

“We want to make sure we’re doing this right,” Laderoute said.