Application for Exemption from the Retail Business Holiday Act by Morguard Corporation for the Bramalea City Centre

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1 sj BRAMPTON bramplon.ca FlOWef City Date: May 16, 2011 File: M25-RBHA Report Committee of Council Committee of the Council of The Corporation of the City of Brampton COMMITTEE OF COUNCIL PATF- ^n* t,20ft Subject: Contact: Application for Exemption from the Retail Business Holiday Act by Morguard Corporation for the Bramalea City Centre Jeffrey Baines, Manager, Business Information and Competitive Policy ( ) Overview: In November 2010, Morguard Corporation applied to the Regional Municipality of Peel for an exemption under the Retail Business Holidays Act (RBHA) for an Area Basis Tourist Exemption for the Bramalea City Centre. The exemption would permit retail and food type business to remain open voluntarily between the hours of 10:00am and 6:00pm on NewYear's Day, Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving Day. Regional approval of the exemption request would place Bramalea City Centre on the same competitive playing field as Square One, which permits their merchants to operate on those same days. City of Brampton economic development staff support Morguard Corporation's application for a holiday exemption for the Bramalea City Centre under the RBHA and supports the analysis that this designation would benefit the retailers, area residents and tourists, providing an opportunity to shop within Brampton on select designated holidays and not export their spending to other jurisdictions. Recommendations: 1. That the report from Jeffrey Baines, Manager, Business Information and Competitive Policy, Economic Development and Communications dated May 16, 2011 to the Committee of Council Meeting of June 1, 2011, re: Application for Exemption from the Retail Business Holiday Act by Morguard Corporation for the Bramalea City Centre, be received; and 2. That, the City of Brampton supports the application by Morguard Corporation for holiday exemption for the Bramalea City Centre, pursuant to the Retail Business Holidays Act.

2 Fi-a Background: In November 2010, Morguard Corporation applied to the Regional Municipality of Peel for an exemption under the Retail Business Holidays Act(RBHA) for an Area Basis Tourist Exemption for the Bramalea City Centre (BCC). The exemption would permit retail and food type business to remain open voluntarily between the hours of 10:00 a.m. and 6:00 p.m. (BCC's standard Sunday hours of operation) on New Year's Day, Family Day, Victoria Day, Canada Day, Labour Dayand Thanksgiving Day. The area proposed for the exemption is located in the area bounded by Peel Centre Drive, Queen Street East, Dixie Road and Team Canada Drive. Peel Region By-law provides that Regional Council determines whether applications under the RBHA should proceed to a public meeting. Region of Peel staff circulated the application to the area municipalities and agencies for comments. The comments, including those submitted by the City of Brampton's Economic Development Office (EDO) in support of the application, were included in a report to Regional Council on April 14, 2011 titled Bramalea City Centre Application ForHoliday Openings Under The RetailBusiness Holidays Act By Morguard Corporation. The recommendation "That the Regional Municipality of Peel holda Public Meeting on June 23,2011 to consider an application forexemption under the Retail Business Holidays Actby Morguard Corporation for the Bramalea City Centre in the City of Brampton" was approved. A Notice of Public Meeting: Retail Business Holidays Act Tourism Exemption By-law for the Bramalea City Centre was released on May 4, 2011, with the Public Meeting scheduled to occur on June 23, 2011 at 9:30a.m. in the Region of Peel Council Chambers at 10 Peel Centre Drive, Suite A, 5th Floor. Current Situation: According to Morguard management, with the Grand Opening of their multimillion dollar expansion on April 20,2011, the Bramalea City Centre is the eighth largest enclosed shopping mall in Canada (fifth in Ontario). The BCC's status as a "super-regional" mall makes it a destination shopping centre hub for Brampton and the surrounding area. The Area Basis Tourist Exemption under the RBHA that the BCC is seeking was approved for the Square One Shopping Centre on April 22,2010 by Peel Regional Council and is already in place for many of the other super-regional shopping centres within the Greater Toronto Area. These other malls include the Toronto Eaton Centre, Vaughan Mills, and the Pacific Mall, in addition to a number of BIA's and districts in the GTA. According to the report submitted by the BCC's consultant along with the application, the Bramalea CityCentre shares the same attributes as the other GTA malls already benefitting from the RBHA exemption in terms of mall type, size, location, type of retailers, number of visitors and tourist draw. In addition, many of the factors used to form the basis of the BCC application are identical to Square One and other tourist

3 FV2> designated centres and some are unique to the Bramalea CityCentre context. These factors include: BCC is the largest tourist draw in Brampton and includes an onsite hotel/convention centre Within two km of BCC are a number of tourist attractions (a requirement of the tourist exemption criteria) including: o Natural & recreational attractions (Donald M Gordon Chinguacousy Park) o Cultural (Lester B Pearson Theatre and other events) o Multicultural (Numerous events throughout the year) o Educational (Conventions and numerous programs) Retail expenditures represent 37% of tourist spending within the GTA - holiday openings would benefit both tourists and retailers Peel Region is the largest Ontario tourist destination outside of Toronto - holiday openings would benefit the tourists who visit Brampton but must leave to shop for the merchandise BCC offers BCC has just completed a major expansion - tying in holiday openings with the grand opening campaign will allow for increased marketing efforts aimed at attracting tourists to Brampton Dollars spent at the surrounding shopping centres that are already open on holidays impact visits and sales to the tenants of BCC Morguard Corporation, managers of the Bramalea City Centre, feels it has set forth a clear rationale for being granted a holiday exemption under the RBHA and believes the designation would benefit the retailers, area residents and tourists with an opportunity to shop within Brampton on select designated holidays and not export their spending to other jurisdictions. Corporate Implications: Pursuant to the Retail Business Holidays Act, the Region of Peel Council has the authority to grant Area Basis Tourist Exemptions by adopting a Regional By-law. Peel Region By-law details the process for Regional consideration of applications under the Retail Business Holidays Act. The Region's process requires circulation to affected municipalities, agencies, persons and internal departments for comment and a requirement to hold a public meeting. The application may then be decided upon by Regional Council. The City of Brampton, through staff in the Economic Development Office, submitted comments in support of the Bramalea City Centre application. The Town of Caledon Council passed a resolution at the December 14, 2010 meeting that the application was received and that Council has no objections to the application. Following approval of this report, City staff shall submit this report to the Region of Peel for inclusion in the commenting process associated with this application.

4 F2.-U- Conclusion: The Bramalea City Centre is the largest enclosed retail shopping centre in Brampton and one of the largest in Canada. With close to 4,000 full and part time employees it is also one of the largest retail employment providers in the region. The Bramalea City Centre shares the similar characteristics with Square One and the other super-regional malls in the GTA that have already been exempted from the RBHA. Morguard Corporation is requesting the same consideration to allow the Bramalea City Centre to open on select statutory holidays and place them on the same competitive playing field as other regional shopping malls in Peel and the GTA. Jeffrewisaines Manager, Business Information and Competitive Policy, Economic Development and Communications minis Cutajar Commissioner, Economic Development and Communications Appendices: Region of Peel, Notice of Public Meeting; Dated May 4, 2011 Report authored by: Jeffrey Baines, Economic Development & Communications

5 F2.-5 Report Appendix A IS Ro/"1 /"\n f\ Pfytl Vie Rcpcn < /Peel is the proud recipient a)thesational Quality Institute Order of III r\cyi\~m I \A rccl Excellence. Quality: the national Quality Institute Canada Award ofexcellence Gold Award, WOJt&UU} foil ( 0ll Healthy Workplace: and a2008 IPAODdoitte Public Sector Leadership Gold Award. May 4, 2011 Please see attached list for mail distribution Subject: NOTICE OF PUBLIC MEETING Application for an Area Basis Tourism Exemption under the Retail Business Holidays Act by Morguard Corporation for the Bramalea City Centre, City of Brampton In accordance with Region of Peel By-law and Section 2 of the Ontario Retail Business Holidays Act (the "Act"), please find the enclosed Notice of Public Meeting to consider an application by Morguard Corporation for an area basis tourism exemption under the Act for the Bramalea City Centre in the City of Brampton. For further information regarding the application by Morguard Corporation, please contact Andrea Warren, Planning Manager, Brampton, Development Services, Public Works at , ext For information about the Public Meeting of Regional Council, please contact Stephanie Junius, Legislative Specialist, Office of the Regional Clerk at , ext Yours truly, Carol Reid Regional Clerk and Director of Clerk's s» Attachment c: D. Labrecque, Commissioner of Public Works, Region of Peel Corporate Services 10 PmICentreDr., Brampton, ON 16T 4B9 Tel: Office of the Regional Clerk

6 Fl-fc Report Appendix A Morguard Corporation, Bramalea City Centre 25 Peel Centre Drive Brampton ON L6T Crystal Greer Clerk City of Mississauga 300 City Centre Drive Mississauga ON Peter Fay Clerk City of Brampton 2 Wellington Street West Brampton, ON L6Y 4R2 Karen Landry Clerk Town of Caledon 6311 Old Church Road Caledon ON L7C 1J6 Ben Addley Deputy Chief and Manager, Paramedic Operations Peel Paramedics 5299 Maingate Drive Mississauga ON L4W 1G6 Andy McDonald, Fire Chief Brampton Fire and Emergency Services 8 Rutherford Road South Brampton, ON L6W 3J1 Ben Wintermute Peel Regional Police Operational Planning and Resources 7750 Hurontario Street, Brampton, ON., Canada L6V 3W6 Don Eastwood Director, Economic Development City of Brampton 2 Wellington Street West Brampton, ON L6Y 4R2 Corporate Sen/ices 10 Peel Centre Dr., Orampton, ON 16T4B9 Tel: 90S Office of the Regional Clerk

7 PV7 Report Appendix A Notice of Public Meeting Retail Business Holidays Act Tourism Exemption By-law TAKE NOTICE THAT the Council of the Regional Municipality of Peel willhold a Public Meeting on June 23, 2011 to consider an application by Morguard Corporation foran area basts tourism exemption under the Retail Business HolidaysAct for the Bramalea City Centre in the City of Brampton. The exemption would permit retail businesses, both within and adjacent to Bramalea City Centre, to remain open voluntarily between 10:00a.m. and 6:00 p.m. on New Year's Day, Family Day,Victoria Day,Canada Day, Labour Day and Thanksgiving Day. Bramalea City Centre The lands that are subject to this application are bounded by Queen Street East, Dixie Road, Clark Boulevard and Team Canada Drive and are known municipally as 25, 44, 70 &90 Peel Centre Drive, In the City of Brampton. Regional By-law A copy of the proposed by-law, an explanation of the purpose and effect of the proposed by-law describing the retail business establishments to which Ihe proposed by-law would apply and a key map showing Ihe location of the lands to which the proposed by-law would apply are available from the Office of the Regional Clerk and also online at Public Participation The Public Meeting on this application willbe held June 23,2011 9:30 a.m. Council Chambers 10 Peel Centre Drive, Suite A, 5th Floor Brampton, ON. Any person may attend this public meeting or make written or verbal representation either In support of or in opposition to the proposed by-taw. Any individual who wishes to appear before Regional Council may do so by notifying the Office of the Regional Clerk in writing or by completing the Reouesl for Delegation Form ( by June 16, 2011 for the purpose of listing your name and the topic on the agenda. Please send the Request for Delegation Form to the Regional Clerk by at council@peelreqion.ca or by fax at Once the above information is received in the Regional Clerk's office, you will be contacted by Legislative Services staff to confirm your placement on an agenda. Any requests for delegation after June 16, 2011 are subject to Council approval. Any person may appeal Regional Council's Decision on the by-law to the Ontario Municipal Board. For further information regarding the application by Morguard Corporation for an area basis tourism exemption under the Retail Business Holidays Act, please contact Andrea Warren, Planning Manager. Brampton, Development Services, Public Works ot ext For information about the Public Meeting of Regional Council, please contact Stephanie Jurrius. Legislative Specialist, Office of the Regional Clerk at ext Carol Reid Regional Clerk The Regional Municipality of Peel 10 Peel Centre Drive. Suite A, 5th Floor Brampton. Ontario, L6T 4B9 Dated: May

8 F2>-8 Report Appendix A