As a result of the Nova Scotia Supreme Court's decision in Sobeys Group Inc. et al. v. Attorney General of Nova Scotia, 2006 CLLC ¶210-043, where it was held that the exemptions for retail business openings under the Regulations Respecting Retail Business Uniform Closing Days were ultra vires the Governor in Council, the Nova Scotia government repealed the regulations and inserted a blanket provision into the Retail Business Uniform Closing Day Act which removed the application of its restrictions from "all goods and services sold, offered for sale or purchased by retail". These actions essentially lifted all government restrictions on retail business openings on Sundays and all traditional holidays except Remembrance Day. However, the province has enacted Bill 72, now the Retail Business Designated Day Closing Act, S.N.S. 2007, c. 32, which restores the prohibition on selling, offering for sale or purchase any goods or services by retail, or admitting the public into any premises where a retail business is carried on on the following days: Boxing Day, Canada Day, Christmas Day, Easter Sunday, Good Friday, Labour Day, New Year's Day, Thanksgiving Day, and any other day the Governor in Council prescribes as a designated day in the regulations.
The prohibition under the Retail Business Designated Day Closing Act does not apply to the same types of activities and businesses previously exempted under the Retail Business Uniform Closing Day Act, namely:

• the sale of agricultural products by the producer, the sale of maple sugar products, or the sale of Christmas trees;
• a service station;
• a restaurant or accommodation, camping, food, beverage, recreation, or tourist information facility;
• private clubs;
• public games, contests, or performances;
• hiring motor vehicles or small boats for personal use;
• transportation services;
• telecommunications and broadcasting;
• the publication of a newspaper; and
• the provision of goods and services on an emergency basis.Further, the prohibition does not apply to retail businesses in any of the following categories:
• a store whose principal business is selling groceries and that at no time operates a retail sales area greater than 4,000 square feet or contrary to such other criteria as substituted by the Governor in Council by regulation (two or more stores which are owned, occupied or operated by related persons are deemed to be one store for the purposes of this exemption if they are in the same building or are adjacent or in close proximity to each other);
• a confectionery;
• a store whose principal business is selling handicrafts, souvenirs and similar articles to tourists or travellers;
• a canteen;
• a fruit or vegetable stand whose principal business is selling local produce;
• a flea market or rummage sale;
• a fish store;
• a laundromat;
• a billiard hall or pool room;
• the rental of video cassettes, video discs or similar media and devices;
• a prefabricated or modular home sales office;
• a store whose principal business is selling nursery stock or gardening supplies;
• a store whose principal business is selling books, newspapers, and magazines;
• an antique store;
• an art gallery;
• a used clothing store; and goods and services prescribed by the Governor in Council.

However, the exemptions do not apply to drug stores located in department stores, in grocery stores, or in retail businesses with a sales area in excess of 20,000 square feet.
Any person who contravenes the Retail Business Designated Day Closing Day Act is guilty of an offence and is liable on summary conviction to a fine not exceeding the greater of $50,000 or the gross sales of the retail business establishment on the designated day on which the contravention occurred. Employees, except with respect to any of the exempted retail operations, who refuse to work on a designated day under the Act are still protected from reprisal under section 30 of the Retail Business Uniform Closing Day Act.

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