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THE REGIONAL MUNICIPALITY OF YORK
Committee of the Whole Planning and Economic Development
September 12, 2013 Report of the
Regional Solicitor and
Executive Director, Corporate and Strategic Planning
2308321 ONTARIO INC. OPERATING AS SUNNY FOODMART LOCATED AT 7700 MARKHAM ROAD
RETAIL BUSINESS HOLIDAYS ACT APPLICATION FOR EXEMPTION
1. RECOMMENDATIONS It is recommended that: 1. Council consider the application for exemption from the Retail Business Holidays Act
as submitted by 2308321 Ontario Inc. (the “Applicant”) for its retail business Sunny Foodmart located at 7700 Markham Road, Markham Ontario.
2. Council determine whether to grant an exemption from the Retail Business Holidays
Act to allow the Applicant to remain open on New Year’s Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Labour Day, and Thanksgiving Day.
3. A bylaw be presented to Council to give effect to the exemption, if granted by
Council.
2. PURPOSE This report advises Council of an application for exemption from the Retail Business Holidays Act to allow the Applicant to be open on certain statutory holidays. This application is the subject of the public meeting to be held on September 12, 2013.
3. BACKGROUND The Retail Business Holidays Act requires businesses to be closed on certain statutory holidays The Retail Business Holidays Act (the “Act”) requires businesses to be closed on public holidays unless they are exempted. The holidays to which the Act applies are:
Committee of the Whole Planning and Economic Development 1 September 12, 2013
2308321 Ontario Inc. Operating as Sunny Foodmart located at 7700 Markham Road Retail Business Holidays Act Application for Exemption
- New Year’s Day - Family Day - Good Friday - Easter Sunday - Victoria Day - Canada Day - Labour Day - Thanksgiving Day - Christmas Day
Boxing Day and the Civic Holiday in August are not public holidays under this Act and therefore an exemption is not required for those days. The Act sets out statutory exemptions for certain types of businesses and also provides that Council may permit businesses to remain open for the maintenance or development of tourism. A public meeting must be held to consider the application. The following application has been received:
Business
2308321 Ontario Inc. operating as
Sunny Foodmart
Location
7700 Markham Road Markham, Ontario
Holidays New Year’s Day
Family Day Good Friday
Easter Sunday Victoria Day Canada Day Labour Day
Thanksgiving Day
Hours
9:00 a.m. to
10:00 p.m.
In accordance with the Act, notice of a public meeting was advertised in the Markham Economist and Sun on Saturday August 10, 2013 and was posted on the Region’s website. A copy of this application with supporting documentation is appended to this report as Attachment 1. Exemption under the Act Businesses are exempt under the Act if the only goods available for sale on the holiday are foodstuffs, tobacco, antiques or handicrafts. These businesses shall not exceed three employees and the total area used for service shall be less than 2,400 square feet. Other businesses which are exempt are businesses selling only gasoline, nursery stock/flowers or fresh fruit and vegetables.
2 Committee of the Whole Planning and Economic Development
September 12, 2013
2308321 Ontario Inc. Operating as Sunny Foodmart located at 7700 Markham Road Retail Business Holidays Act Application for Exemption
The Act does not apply to pharmacies as they are governed under the Drug and Pharmacies Regulation Act and the selling of liquor is governed under the Liquor License Act. Council may permit businesses to be open on holidays if the tourism criteria are met The Act provides that Council may permit retail business establishments to open on holidays for the maintenance or development of tourism. A bylaw may be passed only if there is compliance with the tourism criteria set out in Ontario Regulation 711/91 Tourism Criteria (the “Regulation”) under the Act. A copy of the regulation is appended to this report as Attachment 2. In addition, even if the tourism criteria are met, Council is not required to pass the bylaw and may exercise its discretion to refuse the application. Section 2 of the Regulation provides that a business can be exempted if: • it is located within two kilometres of a tourist attraction; and • it is directly associated with the tourist attraction or relies on tourists visiting the
attraction for business on a holiday. For the purposes of Section 2, a tourist attraction is limited to: • natural attractions or outdoor recreational attractions; • historical attractions; and • cultural, multi-cultural or educational attractions.
4. ANALYSIS AND OPTIONS The Applicant has been present in the Region for one year The Applicant was established in 2011 and has three locations in the City of Toronto and one in the City of Markham. The Applicant’s Markham location is a supermarket totalling 40,600 square feet and has been in operation for one year employing 130 persons. The operating hours are currently 9:00 a.m. to 10:00 p.m. The Applicant has submitted an application to open on the following statutory holidays: New Year’s Day, Family Day, Easter Sunday, Good Friday, Victoria Day, Canada Day, Labour Day and Thanksgiving Day. The Applicant lists Milne Dam Conservation Park and Rouge Park as the tourist attractions within its vicinity The Applicant has listed Milne Dam Conservation Park and Rouge Park National Urban Park, as the tourist attractions on this application. Both tourist attractions are within 2 km of the Applicant’s site and is shown on the maps included in Attachment 1.
Committee of the Whole Planning and Economic Development 3 September 12, 2013
2308321 Ontario Inc. Operating as Sunny Foodmart located at 7700 Markham Road Retail Business Holidays Act Application for Exemption
The Applicant therefore meets the location criteria for exemption consideration. In addition to submitting an application, the Applicant has provided letters of support from local associations, a petition from employees supporting this application and a customer survey indicating 71% of respondents would like to shop at the Applicant’s site on a retail business holiday - see Attachment 1. The Applicant’s submissions states that the Applicant’s site is a common stop for Milne Dam visitors to purchase picnic supplies, is perfectly positioned to respond to the grocery needs of Rouge Park’s visitor and is well-located to attract visitors from the surrounding area due to its proximity to Markham’s historic Main Street. The Applicant’s submission does note that this application is predicated on the same grounds that were present in the application by Foody Mart which Regional Council granted an exemption to on April 18, 2013; (1) Milne Dam Conservation Park is a tourist attraction, and (2) the applicant business was to be treated fairly and equitably in accordance with York Region’s established practice. Currently there are no bylaws applicable to this business, but there are two business areas, Main Street Unionville and Main Street Markham and seven businesses, which have been granted exemptions, within the City of Markham. A chart showing businesses within the Region which have been granted exemption is appended to this report as Attachment 3. Enactment of Bylaw Should Council decide to grant the exemption, the bylaw will come into force on the thirty-first day after it is enacted. Under the Act, there is a period to allow for an appeal of the bylaw which may be made within thirty days, by any person who objects to the exemption. An appeal may only be made if an exemption is granted. There is no provision for an applicant to appeal if an exemption has been denied. If there is no appeal, the bylaw takes effect on the thirty-first day after it is passed. It is open to Council to grant the exemption as requested, or to make amendments with respect to the application.
5. FINANCIAL IMPLICATIONS There are no direct financial implications to the Region as a result of this application.
4 Committee of the Whole Planning and Economic Development
September 12, 2013
2308321 Ontario Inc. Operating as Sunny Foodmart located at 7700 Markham Road Retail Business Holidays Act Application for Exemption
6. LOCAL MUNICIPAL IMPACT Approval of an exemption under the Act is intended to contribute to tourism in a particular location, in this case in the City of Markham. A copy of the application was sent to the City of Markham, affording an opportunity for comment. This matter, at the initiative of the Applicant, was brought before the City of Markham’s Council on June 17, 2013, at which time Council voted to not support this application for exemption.
7. CONCLUSION An application has been received from the Applicant requesting an exemption from the Act to permit the Applicant’s retail business located at 7700 Markham Road, Markham, Ontario to remain open on New Year’s Day, Family Day, Easter Sunday, Good Friday, Victoria Day, Canada Day, Labour Day and Thanksgiving Day. Council is respectfully requested to review this application and determine whether to enact an exempting bylaw, with due consideration to the criteria set out in the Regulation. If Council elects to pass a bylaw, the bylaw will come into effect on October 29, 2013. For more information on this report, please contact Anitra Basant Sisavang, Law Clerk at Ext. 1444 or Doug Lindeblom, Director, Economic Strategy and Tourism at Ext. 1503. Recommended by: Joy Hulton Regional Solicitor
Recommended by: Dino Basso Executive Director, Corporate and Strategic Planning Approved for Submission:
Bruce Macgregor Chief Administrative Officer August 16, 2013
Attachment(s) 3 /abs 5087202
Committee of the Whole Planning and Economic Development 5 September 12, 2013
The Regional Municipality of York
APPLICATION FOR EXEMPTION - THE RETAIL BUSINESS HOLIDAYS ACT
The business named below, ("Applicant") hereby applies to the Council of The Regional Municipality of York for an exempting bylaw pursuant to Section 4(1) of the Retail Business Holidays Act, R.S.O. 1990 ("Act")
SECTION 1: APPLICANT INFORMATION The information in Section 1, 2, 3 and 4a are required to properly process your application. Any missing information will result in your application being delayed until the next application deadline
Retail Applicant name 2308321 Ontario Inc. (Sunny Foodmart)
Location address 7700 Markham Road Markham, ON L3S 4S1
Location telephone number 906-201-2988
Primary contact for Applicant Name: John Mascarin (Person to whom all correspondence will be addressed) Address: Brookfield Place
181 Bay Street Suite 1800, Box 754 Toronto, ON M5J 2T9
Telephone:416-865-7721 Fax: 416-863-1515 Email: [email protected]
The Applicant is located ❑ Town of Aurora
within: ❑ Town of East Gwillimbury ❑ Town of Georgina ❑ Township of King Q Town of Markham ❑ Town of Newmarket ❑ Town of Richmond Hill ❑ City of Vaughan ❑ Town of Whitchurch-Stouffville
Number of years in operation One year
Location size 40600 square feet
Number of employees directly 130 employed at location Type of retail business Supermarket
Current operating hours 9 : 00 a.m. — 10:00 a.m. Monday-Sunday
Has the local municipality been notified of this R1 YES application? 3491191 — Application Retail Business Holiday Exemption
ATTACHMENT 1
❑ NO
Have you enclosed 2 copies l YES of this completed application ❑ NO and all supporting information? Have you enclosed the Q YES application fee of $1000.00?
❑ NO
Have you enclosed a cheque 0 YES for the advertising costs? ❑ NO
SECTION 2: TOURIST ATTRACTION PROFILE
Name of nearby tourist attraction Milne Dam Conservation Park Rouge Park
Attraction location address Milne Dam Conservation Park: South Side of Major Button's Drive, South of Highway #7, West of Wootten Way
Rouge Park: 195 Rouge Hills Drive, Toronto, ON Ml B 5W8
Attraction category ❑ Cultural El Educational El Multi-cultural I1 Natural 11 Outdoor recreational ❑ Historical
The Applicant is located within 2km of the p YES tourist attraction 0 NO
Must provide info in Section 4A #5
Is the tourist attraction seasonal? ❑ YES* Q NO
If Yes, If Yes, see Section 4A #9
Is the Applicant directly associated with ❑ YES* the tourist attraction?
l NO If Yes, If Yes, see Section 4A #7.
Does the Applicant provide goods or IZ YES services primarily to tourists during
El NO Holidays? If Yes, see Section 4A #7
SECTION 3: EXEMPTION REQUEST
Proposed holiday hours of operation
Requested exemption period (please check box(es): El All 0 New Year's Day lJ Victoria Day El Winter l Family Day 0 Canada Day (October — March)
l~f Good Friday L1 Labour Day
3491191 Application Retail Business Holidays Act Exemption
9:00 a.m. to 10:00 p.m.
❑ Summer El Easter Sunday Q Thanksgiving Day (April - September ❑ Christmas Day
Do any of the requested exemption dates ❑ YES*
occur outside the operating season of the B
NO tourist attraction? If Yes, see Section 4A #9
SECTION 4: SUPPORTING DOCUMENTS Items 1-10 in section 4A are required to properly assess your application. Any missing information will result in your application being delayed until the next deadline, Items listed in section 4B are not required, but will be reviewed if provided. Note: all supporting information must be submitted in hard copy and available in electronic form.
4A. MANDATORY INFORMATION: Enclosed in support of this application are the following materials as listed in the application instructions:
1. Letter from a lawyer detailing the qualifications for an exemption in accordance with the Act.
2. Incorporation documents or most recent Corporate Profile Report.
3. Report and supporting data detailing how the exemption will directly benefit the community in which the business is located.
4. Map of Applicant location area and parking facilities
5. Map of tourist attraction in proximity to site
6. Tourist attraction's information, including operating season and hours
7. Information detailing association with tourist attraction and goods and services primarily provided to tourists.
8. If Applicant is not located within 2km of tourist attraction please provide detailed justification for this exemption with supporting evidence.
9. If requesting exemptions outside tourist attraction operating season please provide detailed justification for this exemption with supporting evidence.
10. Copy of Notice, to be issued to retail tenants or posted in a highly visible and publicly accessible location, regarding this application.
4B. ADDITIONAL INFORMATION: Below is a suggested listing of information that you may submit with your application if available and applicable.
11. If applying as an educational attraction please provide letters of reference from schools within any GTA school board on letter head from principal
12. If available, please provide letters of reference from registered tour companies 13. Tourist traffic survey 14. Traffic survey or maps 15. Report, maps and photos detailing how the site is ordinarily accessed by visitors
(i.e. foot, bike, transit, car)
3491191 — Application Retail Business Holidays Act Exemption
Ilwe the undersigned have the authority to sign this application for or on behalf of the Applicant and certify that the information contained in this application and all supporting documents supplied are true and complete. If any part of this application is incomplete or lacks sufficient information York Regional Council may reject this application and Ilwe must reapply. Ilwe understand and am aware of the conditions for exemption under Provincial Regulations 711/91 and accept that under the Retail Business Holidays Act, R.S,O 1990, York Regional Council is not required to pass an exempting bylaw even if the tourism criteria are met.
Date: 26` x' day of July, 2013.
Name of signatory for Applicant Ala ~ q
nature:
Title:
15098718.1
3491191 —Application Retail Business holidays Act Exemption
AIRD & BERLIS LLP
Barristers and Solicitors
John Mascarin Direct: 416.865.7721
E-mail [email protected]
July 26, 2013
Our File No.:117013 The Regional Municipality of York Attention: Anitra Basant Sisavang, Law Clerk Legal Services Branch 17250 Yonge Street Newmarket, Ontario L3Y 6Z1
Dear Ms. Sisavang:
Re: Application by 2308321 Ontario Inc. cob as Sunny Foodmart Tourism Exemption under Retail Business Holidays Act 7700 Markham Road, Markham, Ontario
We are legal counsel to Sunny Foodmart (the "Applicant"), owner of the food store premises located at 7700 Markham Road, Markham (the "Site"), in its application for exemption under the Retail Business Holidays Act, R.S.O. 1990, c. R.30.
It is our submission that the Site properly fulfills the criteria for exemption as set out under subsections 2(1) and 2(3) of O. Reg. 711191 made pursuant to the Retail Business Holidays Act:
2. (1) A retail business establishment may be exempted if,
(a) it is located within two kilometres of a tourist attraction; and
(b) it is directly associated with the tourist attraction or relies on tourists visiting the attraction for business on a holiday.
(3) For the purposes of this section, a tourist attraction is limited to,
(a) natural attractions or outdoor recreational attractions;
(b) historical attractions; and
(c) cultural, multi-cultural or educational attractions. (emphasis added)
In particular, the Site is located south of 14 th Avenue on Markham Road and is within 2 km of two natural and outdoor recreational attractions: Milne Dam Conservation Park and Rouge Park. Milne Dam Conservation Park is an attractive and well-known destination for large picnics. It is common for visitors to the park to purchase their picnic supplies at Sunny Foodmart. The park is open during prime picnicking season, Victoria Day weekend until Thanksgiving.
Rouge Valley Park, Canada's premier urban wilderness park, is also within 2 km from the Site. Rouge Valley Park provides visitors many opportunities for hiking, camping, canoeing,
Brookfield Place, 181 Pay Street, Suite 1800, Box 754 Toronto, ON M51 2T9 Canada 416.863.1500 416.863.1515
swimming, fishing and outdoor education. Rouge Valley Park contains two National Historic Sites and is an outdoor, historical and cultural attraction. The park's hiking trails are open year round . Visitors to the Markham area are enticed to experience the scenic locations at Rouge Valley Park. Our client's store is perfectly positioned to respond to the grocery needs of Rouge Park's visitors.
Historic Main Street Markham, although just beyond 2 km (at a distance of 2.3km from the Site), is another popular destination for visitors seeking to learn more about the history of the area. Sunny Foodmart is located just south of Main Street Markham and relies on this attraction for business via Markham Road . In terms of the natural progression of tourism traffic , the Site is well-located to attract visitors from the surrounding area due to its proximity to Main Street Markham.
On April 18, 2013, the Region of York enacted By-law 2013-27 which approved an application by Foody Mart at the corner of McCowan Road and Highway 7 for exemption under the Retail Business Holidays Act. The application by Foody Mart was predicated on the same grounds that are present in this application . Foody Mart was only within 2km of Milne Dam Conservation Park although it was also in close proximity to both Main Street Unionville and Main Street Markham . Council for York Region approved the application on the basis that Milne Dam Conservation Park is a tourist attraction and that Foody Mart was to be treated fairly and equitably in accordance with York Region's established practice.
The Applicant has taken great care to ensure that the community is desirous of is application. The Applicant has received support from various community groups including the Markham Federation of Filipino Canadians, the Scarborough-York Region Chinese Business Association, the Richmond Hill and Markham Chinese Business Association and the Cross-Cultural Community Services Association. Attached are surveys indicating 71% support from the community and numerous signatures indicating that Sunny Foodmart ' s own staff supports the application for exemption in the "Benefit to Community " portion of the application.
In light of the foregoing , it is our opinion that the application fulfills the criteria as indicated in the Retail Business Holidays Act and O . Reg. 711/91 . We ask that York Region apply the same treatment and consideration to our client as it has given to other similarly-situated businesses on other applications.
Yours very truly,
AIRD & BERLIS LLP
~cou~w~ John l 1ascarin
Encl.
15061062.1
AIRD & BERLIS LLP Barristers and Solicitors
Request ID: 013768971 Demande n`: Transaction ID: 046156254 Transaction n°: Category ID: CT Categories
Province of Ontario Province de ('Ontario Ministry of Government Services Ministere des Services gouvernementaux
Date Report Produced: Document produit le: Time Report Produced: Imprime a:
2011/12/05
15:04:05
This is to certify that
Ceci certifie que
r a
Ontario Corporation No. Numero matricule de la personne morale en Ontario
-1r 1
is a corporation incorporated, est une societe constituee aux termes under the laws of the Province of Ontario
des lois de la province de ('Ontario.
These articles of incorporation
Les presents statuts constitutifs are effective on entrent en vigueur le
Director/Di rectrice
Business Corporations ActlLoi sur les societes par actions
Page: 1
Ontario Corporation Number
Request ID / Demande n o
Numero de in compagn.ie en Ontario
13768971
2308321
FORM 1 FORMULE NUMERO 1
BUSINESS CORPORATIONS ACT / LOI SUR LES SOCIETE PAR ACTIONS
ARTICLES OF INCORPORATION
STATUTS CONS TITUTZFS
1. The name of the corporation is:
Denomination sociale de is compagnie:
2308321 ONTARIO INC.
2. The address of the registered office is Adresse du siege social;
747 DON MILLS ROAD, UNIT #60
(Street & Number, or R.R. Number & if Multi-Office Building give Room No.) (Rue at numero, ou numero do is R.R. et, s'ii s'agit edifice a bureau, numero du bureau)
WORTH YORK ONTARIO
CANADA M3C 1T2 (Name of Municipality or Post Office) (Postal Code/Code postal) (Nom do is municipalite ou du bureau do poste)
3. Number (or minimum and maximum Nombra (ou nombres minimal at maximal)
number) of directors is: d'administrateurs:
MINIMUM 1 MAXIMUM 5
4. The first director(s) is/are:
First name, initials and surname
Prenom, initiales at nom de famille
Address for service, giving Street & No.
or R.R. No., Municipality and Postal Code
* BILL K
CHEN
36 THIMBLE BERRYWAY
NORTH YORK ONTARIO
CANADA M2H 3K7
Premier(s) administrateur(s):
Resident Canadian State Yes or No
Resident Canadian Dui/Non
Domicile elu, y Oompris Is rue et la
numero, la numero de is R.R., ou le nom
de is municipalite at le code postal
Yes
Page: 2
Ontario Corporation Number Request ID / Demande n °
Numn ro de la compagnie en Ontario
13768971
2308321
4. The first director(s) is/are:
First name, initials and surname
Prenom, ini.tiales at nom de famille
Address for service, giving Street & No.
or R.R. No., Municipality and Postal Code
* ZHENG HUA CHEN
53 KEVI CRESCENT
RICHMOND HILL ONTARIO CANADA L4B 3C8
* ZHEN-EN WE I
5 FORMOSA DRIVE
RICHMOND HILL ONTARIO CANADA L 4 S 1S6
YANG QIT3
1117-23 LORRAINE DRIVE
NORTH YORK ONTARIO CANADA M2N 6Z6
Premier(s) administrateur(s):
Resident Canadian State Yes or No
Resident Canadian Oui/Non
Domicile eiu, y compris is rue et is
numero, Ie numero de Is R.R. ou Is nom
de Is muzzicipalite at is code postal
Yes
Yes
Yes
Page: 3
Ontario Corporation Number Request ID / Demande n ° Numbro de la compagnie en Ontario
13768971 2308321
5. Restrictions, if any, on business the corporation may carry on or on powers the
corporation may exercise.
Limites, s'±1 y a lieu, imposees aux activites commerciales ou aux pouvoirs de is compagnie.
None
6. The classes and any maximum number of shares that the corporation is authorized
to issue:
Categories at nombre maximal, 5'i1 y a lieu, d'actions clue is compagnie est
autorisee a emettre:
The Corporation is authorized to issue as follows:
a) an unlimited number of shares designated as common shares
b) an unlimited number of shares designated as non-voting Class A shares
c) an unlimited number of shares designated as non-voting Class B shares
d) an unlimited number of shares designated as non-voting Class C shares
Page: 4
Ontario Corporation Number Request ID / Demande n o Numero de Is compagnie en Ontario
13768971 2308321
7. Rights, privileges, restrictions and conditions (if any) attaching to each class of shares,
and directors' authority with respect to any class of shares which may be issued:
Droits, privileges, restrictions et conditions, all y a lieu, rattaches a chaque
categorie d'actions at pouvoirs des adinistrateurs relatifs a chaque categorie d'actions
clue peut titre emise en serie:
a) The Class A shares shall be designated as non-cumulative, non-voting Class A
shares. The holders of the Class A shares shall be entitled to receive
non-cumulative dividends if, as and when declared by the board of the directors
of the Corporation out of the assets of the Corporation properly applicable to
the payment of dividends in such amount and payable at such times and at such
place or places in Canada as the board of directors may from time to time
determine. The Class A shares of each series shall, with respect to priority in
payment of dividends and in return of capital in the event of the liquidation,
dissolution or winding up of the Corporation be entitled to a preference over
the common shares of the Corporation and over any other shares ranking junior to
the Class A shares.
b) The Class B shares shall be designated as non-cumulative, non-voting Class
B shares. The holders of the Class B shares shall be entitled to receive
non-cumulative dividends if, as and when declared by the board of the directors
of the Corporation out of the assets of the Corporation properly applicable to
the payment of dividends in such amount and payable at such times and at such place or places in Canada as the board of directors may from time to time
determine. The Class B shares of each series shall, with respect to priority in
payment of dividends and in return of capital in the event of the liquidation,
dissolution or winding up of the Corporation be entitled to a preference over
the common shares of the Corporation and over any other shares ranking junior to
the Class B shares.
c) The Class C shares shall be designated as non-cumulative, non-voting Class
C shares. The holders of the Class C shares shall be entitled to receive
non-cumulative dividends if, as and when declared by the board of the directors
of the Corporation out of the assets of the Corporation properly applicable to
the payment of dividends in such amount and payable at such times and at such
place or places in Canada as the board of directors may from time to time
determine. The Class C shares of each series shall, with respect to priority in
payment of dividends and in return of capital in the event of the liquidation,
dissolution or winding up of the Corporation be entitled to a preference over
the common shares of the Corporation.
d) The holder of each common share has the right to one vote for such common
share at all meetings of the shareholders other than meetings of the holders of
another class of shares and to receive the remaining property of the Corporation
upon dissolution.
Page: 5
Ontario Corporation Number Request II) / Demande n o Numbro de la compagnie en Ontario
13768971
2308321
8. The issue, transfer or ownership of shares is restricted and the restrictions (if any)
are as follows:
L'emission, is transfert ou Ia propriete d'actions eat/nest pas restreinte_ Les
restrictions, s'il y a lieu, sent lea suivantes:
No share of the Corporation shall be transferred without:
either the express consent of the Board of Directors evidenced by a resolution
passed at a meeting of directors by the affirmative vote of not less than a
majority of the directors or by instrument or instruments in writing signed by
all of the directors;
or the express consent of the shareholders of the corporation expressed by a
resolution passed at a meeting of the holders of such shares or by an instrument
or instruments in writing signed by the holders of all of the shares.
Page: 6
Ontario Corporation Number Request ID / Demande n ° Numero de is compagnie an Ontario
13768971
2308321
4. Other provisions, (if any, are):
Autres dispositions, s'i1 y a lieu:
a) That the number of shareholders of the Corporation, exclusive of persons
who are in its employment and exclusive of persons, who, having been formerly in
the employment of the Corporation, were, while in that employment, and have
continued after the termination of that employment to be shareholders of the
Corporation, is limited to not more than fifty, two or more persons who are the
joint registered owners of one or more shares being counted as one shareholder.
b) That any invitation to the public to subscribe for securities of the
Corporation is prohibited.
Page: 7
Ontario Corporation Number
Request ID / Demande n ° Ntnnero de la compagnie en Ontario
13768971 2308321
10. The names and addresses of the incorporators are
Nom at adresse des fondeteurs
First name, initials and last name Prenom, initiale at nom do
or corporate name famille ou denomination sociale
Full address for service or address of registered office or of principal place of business
giving street & No. or R.R. No., municipality and postal code
Domicile elu, adresse du siege social au adresse de l'etablissement principal, y compris
la rue et le numdro, Ie numdro do Is R.R., le nom de is municipality at le code postal
* JAMES STURDY
105 VICTORIA STREET Suite 408
TORONTO ONTARIO
CANADA M5C 3B4
IDEALOGIC PDS INC.
Map of Sunny Foodmart Location Area and Parking Facilities
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Proximity of Milne Dam Park to Sunny Foodmart at 7700 Markham Road, Markham, Ontario
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Total distance: 1.78383 km
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Proximity of Rouge Valley Park to Sunny Foodmart at 7700 Markham Road, Markham, Ontario
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Total distance: 226651 km
NWOlastPak Reset
Proximity of Main Street Markham to Sunny Foodmart at 7700 Markham Road, Markham, Ontario
15100127.1
AIRD & BERLIS LLP
Barristers and Solicitors
John Mascarin Direct: 416.865.7721
E-mail: [email protected]
July 26, 2013
Our File No.: 117013 The Regional Municipality of York Attention: Anitra Basant Sisavang, Law Clerk Legal Services Branch 17250 Yonge Street Newmarket, Ontario L3Y 6Z1
Dear Ms. Sisavang:
Re: Benefit to the Community 7700 Markham Road, Markham, Ontario, Sunny Foodmart
The Application for Exemption requires inclusion of a report detailing how the exemption will directly benefit the community. In this regard, please find attached:
1. A Petition in Support of the Application by Staff
2. A Customer Survey and Results Indicating 70% Approval
3. Flyers Showing Sales of Food Products
Our employees, who come from a variety of ethnic backgrounds, are in full support of our application. It is our belief that given Ontario's multicultural composition, individuals should have the choice to observe holidays in the manner of their choosing based on their own religious beliefs and ethnic backgrounds. Sunny Foodmart believes that this exemption will respond to the needs of visitors to the area while fostering a competitive business climate in Markham.
If you have any questions, do not hesitate to contact us.
Yours very truly,
AIRD & BERLIS LLP
John M scarin
JM/PM
Encl.
15100165.1
Brookfield Place, 181 Bay Street, Suite 1300, Bcx 754 Toronto, ON M51 2T9 Canada 416.863.1500 416.863.1515
For each of the following questions, please select one of the following
1: • Where do yod live?
❑ Markham ❑ Outside GTA (but within Ontario)
❑ York Region ❑ USA
❑ Toronto ❑ Other
2. Where do you regularly shop for groceries?
3.:: Would you like to be able to shop at Sunny .Foodmart.:on Retail Business Holidays (New Year's Day, Easter Sunday, Good Friday, Victoria Day, Christmas Day, Canada Day, Labour Day, or Family Day)?.
❑ Yes ❑ No
4. Have you ever visited (or w ould you consider visiting) Main Street Markham on a Retail Business Holiday?
❑ Yes ❑ No
:5. Have you ever visited (or would you consider visiting) the Milne Dam Conservation Park on a Retail Business Holiday?
❑ Yes ❑ No
6. Have you ever visited (or would you consider visiting) the Rouge Valley Park on a Retail Business Holiday?
❑ Yes ❑ No
14964694.1
.....: Rer~lts:ot. Cutvmer.Survey..:.: . ...: .. .. ... .:.. .. .. ... ... :........ .. ...... ....
....... :. :... .. ... .... ... ........ .... .... ~ Sunnv l"oodmart. ..... ......... .... .. ..
Entries ~ ' : ~.:.:: ~:~ ::: C1ustiori I ~ .: ~.: ::..:: ~~ ::~ :...:: Question 4 ~ Questi.on S 1: ~ :
..i Q estion 2 ~ ~~~~ ~ Quextia ~~3 ~ ~ question 6
B :- .Varrct n: :q U6._ad:=',,i:<=-.. Various Responses ": ::: :. Ye".=:i :..;:. Yes =1 ...... :=1 : '64 -i In on=:2.:::1:£•Tc:.:::::::.:d S.' Sunny=1 No Frills-2 T&T-3 Lo61aws=4::::::iW:-. No 2 :::":Itin=. N
T.,ia,ai::. ' ' : -:.:....his•::::.:::: = ~ E S ey=5 Food Basic=6 Foodymart - 7 ........... ...:............... ~ .... ... :.. .....
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.....:..:.....: .. .. .::.:.............:.. Walmart=8 anywhere=9 ....:.:.... ...........
1 .—•-3
17,9 1 1 1 1 2 2 1,5,8 1 1 2 2 3 6 Milton 6,2,10 1 2 2 2 4 1 1,68 1 1 2 2 5 a 10 2 2 2 2 6 1 1,2 1 1 1 1 7 1 1 1 2 1 1 8 1 1,2 1 2 1 1
9 1 18 1 2 2 2 10 1 1,6,10 1 1 2 2 11 3 6,8,10 2 1 2 2 12 1,2 1 1 1 2 2 13 1 1,3 1 2 1 1 14 3 1,10 1 1 2 2
15 2 1,3 1 1 2 2 16 1 16 1 2 2 2 17 1 182 2 1 2 2 18 3 421 1 2 1 2 19 12 1 1 1 1 20 3 134 1 1 1 2
21 29 1 1 2 2 22 ^—
3
1 1 1 1 1 1 23 1 13 1 1 1 1 24 1 137 1 2 1 1 25 1 1 1 1 2 1 26 3 192 2 1 2 1
27 3 17 1 2 2 1 28 1 1 1 1 1 2 29 1 1 1 1 1 1 30 2 16 1 2 1 2 31 2 17 1 2 1 2 32 3 12347 1 1 1 1
33 4 4 1 1 2 2 34 1 137 1 2 1 2 35 1 1 1 2 1 1 36 2 13 1 1 2 2 37 2 17 1 2 1 1 38 3 13 1 1 2 2
39 3 137 1 2 1 2 40 1 1 1 1 1 1 41 1 17 1 1 1 1 42 2 169 1 1 2 2 43 1 137 1 1 1 2 44 1 1 1 2 1 1
45 3 1 (Don mill 8. Markham) 1 1 2 2 46 1 1 1 2 1 1 47 1 1 1 2 1 2 48 1 12 12 1 1 1 49 2 137 1 1 1 2 50 3 139 2 1 1 2 51 1 1 1 1 2 1 52 1 142 1 1 2 1 53 5 89 2 1 1 1 54 1 1 1 1 1 2 55 1 1 1 1 1 1 56 3 18 2 1 1 2
57 3 1 1 2 1 1 58 I 12 12 1 1 1 59 3 13 12 1 1 1 60 6 9 2 1 1 2 61 1 126 12 1 1 2 62 1 12 12 1 1 z 63 1 1 12 1 1 1 64 3 137 2 1 1 1 65 1 129 12 1 1 2 65 1 12 12 1 2 2 67 1 139 12 1 1 1 68 1 12 1 2 1 1 69 1 12 12 1 1 1 70 1 1 1 1 2 1 71 3 2 2 1 1 1 72 3 17 12 1 1 1 73 1 1 12 1 1 2 74 3 39 2 1 1 2 75 3 18 12 1 1 1 76 1 12 12 1 1 2 77 3 17 1 1 1 1 78 1 19 12 1 1 1 79 4 5 1 1 2 2 80 6 8 2 1 1 1 81 1 19 12 1 1 2 82 1 1 1 2 1 2 83 4 3 2 1 2 1 BA 2 1 2 2 2 2 85 5 9 2 2 2 2 86 2 1 1 2 2 2 87 2 1 12 2 2 2
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Response Count
Question 3 question 4 Question 5 question 6
Yes 320 305 307 250
as Percentage of Valid Entries 714% 56,4% 58.8% 45.4%
No 128 236 215 301
as Percentage of Valid Entries 28.6% 43.6% 41.2% 54.6%
Total Valid Entries 448 541 522 551
Total Invalid Entries 112 19 38 9
We, the employees of Sunny Foodmart, sign below to express our support for Sunny Foodmart's application for an exemption under the Retail Business Holidays Act to stay open for business on Retail Business Holidays.
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Welcome to Rouge Park! -,
Canada's premier urban wilderness park. `'
fti i ` Hiking, camping, a sandy beach and spectacular views are here for you to enjoy in and near Toronto, Canada's largest city.
` Rouge National Urban Park .0 1
•:. Progress continues toward the creation of Rouge ... National Urban Park . Exciting things to come!
:W x, 7
Rouge BioBlitz For 24 hours straight, scientists and volunteers will count as many critters as they can find in the park. Join in!
Take a Hike! Join us for the guided nature hike along Rouge Park trails. Dress for the season, trails are open year round!
How To Get Here We have many visitor areas. F ind out how to get where you want to go, plus more about planning your visit-
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© Rouge Park 20121
.......................................... .... ................. •......:.:..
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H rn About Us Explore I li•iedia & Events Our Unique Park Get Involved
About Us
At our site you can get a brief understanding of one
of the world `s largest natural environment parks in an
appreciation of Rou ou come to v be
tter urban area. Of course, you will have a much Roug e Park if you isit us in
person.
I' ~ A free Visitor Guide with a park map is available. Many parts of the Park are accessible by public
~ _ transit.
Welcome to award w€nning Rouge Park!
A variety of natural landscapes is found in the Park, from the rolling hills of the glacial Oak Ridges Moraine north of Toronto, to the vast wetlands and sandy beach where the Rouge River empties into Lake Ontario. The Park thus provides a vital reservoir of biodiversity in the Petticoat Creek, Duffins Creek and Rouge River watersheds in the Toronto area of the Ontario Greenbelt. Rouge Park includes many of the best examples of forests, meadows, ponds and wetlands in the highly populated area near Canada's largest city. We undertake a wide array of restoration projects to improve the quality of the Park's habitats for future generations.
Human history is also an important part of our Park. Our watersheds are rich in archaeological evidence of extensive and diverse human occupation. We are proud to have two National Historic Sites of aboriginal origin within the Park. The legacy of early European settlers to the area continues in the families who still farm lands in Rouge Park today. The beauty of the Rouge River and its environs have played a role in the artistic life of Canada, as Frederick Horsman Varley of Canada's famed Group of Seven painters and many other artists have found inspiration here. Today we have even more diverse languages and cultures in our area as we work to connect the past with the living cultures of the present.
In addition to our Natural and Cultural Heritage Programmes, Rouge Park supports active Visitor Experience and Communications Programmes. We also assist public and private land owners in our watersheds to improve the environmental management of their properties. In 2005, we were proud to receive the "Protecting Tomorrow Today" award from the Ontario Parks Association, recognizing our leading role in environmental protection and heritage land management.
We strive to involve the community in major Park planning decisions and to celebrate their connection to this great public asset. Each year, we recognize those who help us to make this Park a success with the Rouge Park Awards. You can stay involved by subscribing to our on-line news list or reading our exciting newsletter, Connections. Of course, none of this would be possible without the support and creativity of our staff . We have strong expertise in ecology, education, communications and environmental management.
tl
ame grrc:ra fit- E1 Florc Media & Events I Our Unique Park ] Get Involved
Rouge Park Map
~^ -5
Were a great, big park! At 40 square kilometres, vT t & Rouge Park is a reservoir of biodiversity in
Canada's most heavily populated region, the _- __; _ . Greater Toronto Area, and an essential natural areain Ontario's Greenbelt. Not only do we have lands in
,~ ~..~,~` the Rouge River watershed, but also in the ` neighbouring Petticoat Creek and Duffins Creek
ax e ar } t III watersheds.
Would you like to visit the Pari ?
There are many entrance points. The best place to .,-.'~- start your visit depends on what activities you would
Visiting from out of town? These maos will give you a better idea of where the Park is.
Click on the map below to learn more, or see the More section for details about each visitor area, including trail maps and directions.
Page 1 of 1
Legend
Roues Park
Federal lands in kauge Park
Bob Hunter Merorlal Park
Greet heft
Watercourse
Lakes and Ponds
Fti~ dr5vay5
Railway N
Munitipahty
Toronto Zoo \
3;
http://www.rougepark ,com/explore/images/basemap web mar08.gif 26/07/2013
RU:Jge Par
t
LL Home 4bout Us I Explore Media & Events Our Unique Park Get Involved
Getting Ready to Hit the Trail
Your Leader 1
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f 4 .
v:..a Rouge Park, ON l 7a A few
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Rouge Park, city name S.W Wt:C
Donate to Rouge Park and our Guided Walks Do you enjoy coming out with us on the trail? Your support keeps us going! Show your appreciation by c!ickinghere.
Sign Up to Receive Updates from Rouge Park
Join Now!
Newsletter by Vertical Response
Come out to Rouge Park for a great day on the trail! Rouge Park will awaken your senses to the sights and sounds of nature. In winter, the Little Rouge Creek gurgles under glossy ice cover, breaking through here and there as the sun warms the valley. In spring, evergreen boughs on the Cedar Trail are full of busy birds chirping away as they get their nests ready. In summer, the Mast Trail meadow glows with wildflowers, visited by birds and insects who love this sun-kissed habitat. In fall, the Vista Trail's forest offers golden-leaved views as far as the eye can see.
Trail walking is a natural workout. Be prepared for uneven surfaces, but don't avoid them. This type of walking helps build overall balance, and works the smaller muscles in your feet, calves and ankles that help with stability. Always be conscious of your posture, to relieve lower back strain and to open up your diaphragm for better breathing.
Also be ready for some small slopes, meaning you will go up or down... but again, don't avoid them. These give you cardio bursts (intervals of increased heart rate). Just take your time and go slowly. You'll be proud of yourself when you get to the tops
You might want to get a walking stick/hiking pole, to help a bit more with your balance, and give a boost when you come to an incline.
Follow the tips below for an energizing walk or a nature stroll, and join us on the trail for a guided outing.
KEEPING THE PACE: A winter pace is much different from a summer pace. In the summer, sweating is a natural way to keep cool but you don't want to go so fast you exhaust or dehydrate yourself. But in the winter, it's that coolness that can make you really chilled. So, in the winter, keep a pace that doesn't make you break out into a sweat in the first 5 minutes of your walk. Ease into the outing, and keep a pace that keeps you warm, not hot, but not breaking a sweat.
Any time of year, make your breaks many and short. In winter, it's so that the heat you've created doesn't dissipate from stopping, wind, or sitting on a cold rock or log. In summer, it's so that you can make sure you are staying hydrated. Pack a seat-sized piece of closed cell foam (i.e. half a camping sleeping mat) for when you do sit down for a longer winter break, so you don't lose heat from your bottom. Year-round, it's a comfier alternative to the ground.
EAT, DRINK AND WALK: Plan your snacks to be easy to grab, easy to eat as you go if needed and packable. Have water close to hand so your can drink as needed too. Don't hide them deep in your backpack. Trailmix is the perennial favourite, but as long as it's not empty calories, pack whatever you want! Don't underestimate hydration, even in winter. Keep at least 1 litre of water with you and don't skimp on drinking it. Double this in summer. If you plan a longer break, then you can think of a thermos with soup and one with tea or coffee.
DRESSING FOR THE WEATHER: Combined with pacing and food, the next key is to be dry and comfortable. Layering helps you manage your body heat as your outing progresses, so you can have just the right combination at any time.
Put this 3-layer system together for a warm and dry outing: BASEIWICKING LAYER: This is the layer against your skin, top and bottom, which will wick away your perspiration. In summer this should be all you need. But don't go overboard by being underdressed... which can lead to too much sun exposure and not enough wicking.
MID/INSULATED LAYER: The next layer is usually a polyester fleece or 'thermal top and bottom to start retaining your body heat but still wick away sweat. If its very cold, try 2 mid layers.
OUTERANATERPROOF LAYER: The top layer keeps snow or rain from getting into your other layers. Look for a wind/waterproof jacket and pants, plus, look for features like armpit zips, leg zips, 'Napoleon' pockets and adjustable hoods for more versatility. Avoid 'rain gear' as it's not designed for breathability. Gaiters help keep snow from getting inside your boots.
Above all, avoid cotton, even jeans. Cotton absorbs moisture (sweat, snow, rain); chilling your skin and making you work harder to keep warm. Keep the cotton for after your outing - change into fresh shirt, socks and boots when you get the car. Trust us, it makes a big difference!
BOOTS, SOCKS, TRACTION: Winter: When you buy insulated boots, look for the 'active temperature rating'. This gives an idea of how warm your boots should keep your feet, based on how much you are moving. Stay even more trail-ready with boot-traction devices (like Icers, Microspikes, Yaktrax), and snowshoes. We like Micro Spikes best!
Year-Round: Boots are the best way to go, but trail shoes for completely dry summer trails can be part of your choices (but not the only one). Always try boots with the socks you plan to wear on your outing, as well as any orthotics or inserts you normally use and give them a good try out in the store. Make sure boots are well above the ankle and ideally waterproof.
When you buy boots or trail shoes, look for ones that offer ankle support, a very solid sole and don't bend that easily. This means your boots don't 'give' too easily as you move on uneven trail surfaces, that you don't feel every rock under your feet, that your feet don't get tired quickly in your boots, and that your boot soles don't soften as your feet heat up the boot.
Socks: Athletic socks with cushioning and wicking materials will help ward off blisters and chafing. Make sure the socks are higher than the top of your boot or shoe. Again, stay away from too much cotton in socks. A blend of Merino wool with synthetic fibers is a popular choice for socks.
BACKPACKS: As you progress as a walker, you will see the benefits of a good backpack. Stuffing things in your pockets weighs you down and impedes your movement. So don't feel like you're staying overnight if you have a backpack to carry things on your walk. Smart packing will make the difference - not too heavy, but well organized so you use the space well and everything has a home. Buy a pack that is a little bigger than you think you need, so you have room to add a spare layer or jacket in winter, for example.
Get a pack with some 'bells and whistles' that allows quick access to items, for example, and that has a waist belt to get the fit that much snugger to your back. Your pack should fit you from just above the hip bones to the top of your shoulder blades, and be snug against your back without straining. Some models do have sizes to fit back length. Padding is always helpful, and an internal frame is even better. Basically, you should feel as though it's part of you!
FINISHING TOUCHES: Don't forget your sunglasses, binoculars, sun and lip protection, a seasonal hat, mitts/gloves/scarf for winter, and the `sit mat' of closed cell foam when you have a rest. And of course, bring your camera to capture the Park's amazing winter and show your friends what they missed!
WALKING IN WINTER: Rouge Park's trails are maintenance free in winter.We don't salt our trails or clear them of ice and snow. If it's particularly bad weather, come out when things have settled. Contact Rouge Park to find out a general picture of the trail conditions. (905) 713-3184 or [email protected] .
Wear boots meant for trail walking. They will have soles made for the demands of natural surface trails and grip better than a 'street' boot which is usually smooth soled. You might also get insulated trail boots. Running shoes? Bring them back out in the summer.
As we mention above, boot traction greatly improves boot to trail contact. The best in the biz are Microspikes, Yak Trax and Icers. Avoid imitators: if they look flimsy and are extremely low cost, it's not worth it.
Add walking/hiking poles. They have end points specifically made to grip and help you gain more 'purchase' on the ground. Plus, they can be adjusted for a more ergonomic fit. If you have a wooden walking stick, make sure it's got an end point as opposed to rubber.
Walk with friends or a group and stick to your plan. In case something does happen, you are not alone. Always, and at least, carry your cell phone, ID, water and a snack and an extra layer. Let someone know where you plan to walk; name the trail you plan to be on to narrow things down. Follow the Park's marked paths and avoid heading off trail. Get to know our trails.
Days are getting longer, but its still best to be out with the sun. Heading out in the afternoon? Plan your walk to finish at least 30 minutes before sunset and finish with light.
THE GOOD HIKER: 1. Respects the rules of the trail, wherever they walk 2. Respects wildlife areas so everyone can enjoy spotting birds, deer, etc. 3. Takes pictures of flowers instead of taking them home 4. Shares the trail with other users 5. Stays on the marked, mapped trails 6. Helps others on the trail however they can 7. Takes their garbage with them... even someone else's (within reason!)
WHERE CAN € BUY MY GEAR?: This is not an endorsed Fist, but certainly good places to start: Sport Chek, Mountain Equipment Co-op, Mark's Work Warehouse, Atmosphere, Sporting Life, Sport Mart, Le Baron, Bass Pro Shops
Use these tips to get ready for trail walking and hiking and you'll be on the way to a great outing! CLICK HERE for more about hiking in Rouge Park and to download our Visitor Guide.
Meet the Rouge Park Eature Walk Leaders
Have a question? Drop us a line at hike rougepark com or call 905 713 3184. We can get back to you between Monday and Thursday.
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While this list does not include all the Parks in Markham, it is representative of the most popular ones.
Dog Leash-Free Area Markham Village Milliken Mills Thornhill Unionville
Markham Village Parks Armstrong Park I
On South side of Major Button's Drive, South of Highway # 7, West of
Wootten Way
This 3.16 hectare (7.8 acre) park is also associated with William Armstrong Public School and contains 2 baseball diamonds, a playground and 2 soccer fields.
Cedar Valley l Mapjp
Location: South and North sides of Raymerville Drive, just West of Snider Drive
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' Discover Markham
Plato Markham Theatre This 7.68-hectare (19-acre) park is has undergone an extensive restoration to
regenerate the area into a more diverse natural area. Planned and planted by the
Markham Museum Robinson Creek Restoration Committee and local schools, the park is home to many
species of birds. A looped pathway and bridge makes this area accessible for bird
Varley Art Gallery watching.
Markham Public Library Milne Dam Conservation Park I (Vlap
Location: On the East side of McCowan Road, just South of Highway #7
This 123-hectare (305-acre) park is the largest Markham park. it is bound by thick
forest on the southern and eastern edges, with the Rouge River through the middle. The 2.3 kilometres of trails are suitable for walking, jogging and cycling. Milne Park i s
a stop off point for many migratory birds, and can be best viewed in the early mornings and evenings in spring and fall.
This park is well used for large group picnics. There is also a new modern picnic shelter that can accommodate 100 people. To reserve your groups' picnic area
and/or the shelter, please contact our Permit Coordinator at 477-7000 ext. 7509 to obtain a permit or download a permit from our website.
Fishing is allowed with a MNR fishing permit (available at bait shops and Canadian Tire stores). The park is open for vehicles from 8:00 am until dusk from Victoria Day
weekend until Thanksgiving. Admission to the park is free during the week. A $5.00 parking fee is charged on weekends and statutory holidays.
Milne Dam Conservation Park Trail
TRAIL ST-1TS Milne Dam Conservation Park is located on Milne Reservoir, of the Rowe Park and is also part LENGTH: 2.3km
planned to become part of a future Rouge Park Trails Network. Milne Dam Conservation Park was N FFF CVL Y: " ACTIVITIES: Hng 8 Wa113ng,
named after Peter and Alexander Milne who operated a mill, located near the dam structure, present xullnin CHARACTER: Natural, Urban
in the 182o's. By 1845, the business had expanded to include a general store, fueling and wool mill SURFACE: Natural packed, some road _
and ashery. In 1911, Archie Milne, grandson of Peter Milne, built the first concrete and steel arc dam Parking, Picnic AMENITIES: Areas, Washrooms
in Canada. OTHER:
Partial Whc-eJchair Aoseao
The Town of Markham sprang from the advent of the mill and dam. In the 1950's, the Metropolitan LOCAliON
Toronto and Region Conservation Authority acquired the as the Milne Park Conservation property GreaterToronto REGION: Area
stia -REGION: cite of To roato Area. Wonderful opportunities for bird watching exist in this area as the significant wetlands, CLOSEST
Markham TOWN(S):
forests and open space provide a stopoff for migratory birds. Blue Jays, chickadees, woodpeckers, GPS: r.artnde as-s63o5
Blue Herons and a nesting pair of Baltimore Orioles, Milne Dam Conservation Park is Markham's gaPe. 7928-34
largest park of 123 hectare or 305 acre with the Rouge River flowing in the middle and surrounded sag° 5 i COORS
with a lush forest on the southern and eastern edges. Victoria Day - Thanksgiving Day
CONTACT i\ FO
It is located on the east side of McCowan Road, just south of Highway 7. It is open seasonally and for NAME: Tv of Markham , Aamin
vehicles from 8 a.m. to dusk from Victoria Day to Thanksgiving Day. The park offers 2.3 kilometres of PHONE: EMAIL: L,181il i.I s Nuu-
trails suitable for yaaifdng,ogging andecy tiny as well a beach area. Information provided by the s y York RRe on and the guiding Star websites. Pormore information including
maps, please visit our Web site at utis~,_markliain,e~
MILNE DAM CONSERVATION PARK TRAIL
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.... . dn a cgmment.: ... -
... ramment using..: .
Scott Duncan
_ - anyone with political connections please city Markham, Dept of the Environment, Fisheries- Milne presently has hundreds of large trout trying to get free and back into the rouge system. water so low in Milne Pond that they are desperately floundering around in. the muddy low waters
Reply - Like - May 21 at 5:25am
Pa:ebsok nova pinjn
At the Ontario 'Trails Council, we do our best to ensure the accuracy and integrity of the information we provide on the site.
Please remember however, that some of the information you'll find here has been provided by third parties; we can't take
responsibility for that information or make any guarantees as to its quality or accuracy. It's also important to remember
that while something you read here may have been correct at the time it was posted, Seasons change and the trails change
with them! Contact the trail manager or local weather office when planning a trip to avoid surprises, like poor conditions or
trail closures.
Please note that when you send us images, you give us the right to use them as we see fit, without limitation or
compensation, to promote the Ontario Trails Council.
This site is supported by a grant from the Ontario Ministry of Ilealth Promotion Active 21)10 Recreation Program, The
Mhi istr~ of I~?atural Reso inns, The Ontaz-io £rillitun Fou ndation and trail users like you!
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Main Street \9arhhani
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Main Street Markham is one of the most fascinating communities of the City of Markham. Here you can explore the past and, at the same time, enjoy the many flourishing shops, restaurants and pubs that line the historic main street.
Situated on Markham Road (Highway 48) north of Highway 7, Main Street Markham continues in the footsteps of the original Markham village which was founded two centuries ago.
As people settled in the newly surveyed Township of Markham, villages began to develop. In 1805, the north-east corner of Highway 48 and Highway 7 was sold to Joseph Reesor, one of a large number of Pennsylvania-Germans who were to make this area their home. Originally called Reesorville, the corner' was renamed the village of Markham and grew in size and status to eventually become a unique and vibrant community within the modern City of Markham. Main Street was the hub of activity for the village, a bustling street with a blend of businesses and services.
Today's Markham Village retains its small-town charm with many of its original buildings and homes still gracing the street. On Main Street Markham there is something for everyone to enjoy, such as shopping at a wide range of unique shops and boutiques for gifts, crafts, glassware and household items, books, flowers, fashionable clothing and much more. A variety of cuisines are to be savoured in the many restaurants, grills, pubs, and bakeries. A host of commercial and professional services are to be found as well, from hair salons to lawyers, doctors and dentists.
Adding to the eye-pleasing aspect of Main Street Markham, from early summer to late fall, the light standards are enhanced with hanging baskets overflowing in beautiful blossoming plants, and wooden half-barrels planted in colourful flowers and trees adorn the street. Main Street Markham contributed to the City of Markham's winning of the provincial Communities in Bloom contest in 1996 and again in 2005. The City of Markham went on to win the international competition in 1998. Communities in Bloom is a friendly competition that recognizes community participation in landscape beautification, heritage and cultural preservation and environmental awareness.
In recent times, the Markham Village Business "t Improvement Area adopted the Canada Goose as the e F ` mascot for Main Street Markham. It was a fitting choice and has become a widely recognized symbol of Main Street t`p " Markham, its business community and its neighbourhood. Main Street Markham is on a migratory path and local .. • residents often witness how Canada Geese work as a team. While flying in formation the lead goose changes regularly, to share the burden. It is because of these values of loyalty, steadfastness, hard work, and teamwork that the business people of Main Street Markham have adopted the noble Canada Goose as their mascot.
Events on Main Street Markham
Throughout the year, the Markham Village Business Improvement Area offers a number of festivals and events that many people, both in Markham and beyond, have made a part of their annual calendar.
Come and visit Main Street Markham during our many festivals and events--Accessible public washrooms and lots of free parking. Located at Markham Road & Highway 7. For more details and up-to-date information, please visit www.mainstreetmarkham.com or call 905 472-2462.
Saturday, March 30th, 2013, 12 p.m. - 3 p.m.
Meet the Easter Bunny
Come Meet the Easter Bunny!!
at 132 Robinson Street (Markham Road & Robinson Street)
Wear your best Easter outfit and bring your camera to take a free picture with the Easter Bunny!
Easter Eggs with treats and stickers while quantities last. Prizes to be won!
Saturdays, May 11 to Sept 28, 2013, 8 a.m. to 1 p.m. Located at Main Street Markham North & Robinson Street
Main Street Markham Farmers Market
Come and support our local farmers at our award winning Farmers' Market. Come, grab a coffee and enjoy freshness straight from the farm! Fresh fruit, vegetables, preserves and baked goods. Daily live entertainment ( 10 a.m. - 1 p.m.).
Saturday, May 11, 2013, 10 a.m. - 3 p.m.
Science Rendezvous!! - Where people and science meet! This takes place during the opening of our Farmers' Market. Come pet a comet, walk on water, see robots race, make a DNA banana necklace, learn about unbreakable bubbles and more! Live entertainment and farmers' market vendors. Fun for everyone!
June 14 & 15, 2013
Markham Village Music Festival
Live entertainment, food and craft vendors, carnival games, kids rides and more! For more information, visit www markham-festival.org or call 905 472-2022.
September 8, 2013, 10 a.m. to 5 p.m.
Markham Auto Classic (Markham Museum - Markham Road & 16th Ave.)
Over 300 classic cars, street machines and custom cars. A Kids' Zone and live entertainment provide fun for the whole family! Trophies will be awarded for the best vehicles in various categories. Visitv,~w w.mainstreetmarkham.com for more details.
September 28, 2013
Door Open Markham
This year's theme is heritage and the arts!
Saturday, October 26, 2013
Trick or Treat on Main Street Markham - Store owners and scary characters on the street will be handing out treats (or tricks?) to those who dare to come!! Contest for the best costume and the best decorated store.
November 30, 2013
41st Annual Markham Santa Claus Parade - On Saturday, watch over 100 floats and fabulous bands showcasing a variety of local talent. The parade goes north on Main Street Markham starting at Highway 7 and ending at the Markham Museum.
Festival of Lights - November 30, 2013
Immediately after the Santa Parade, join us for the Festival of Lights! Entertainment for the whole family all day and all night. Free horse drawn wagon rides, free pictures with Santa, food and craft vendors, live entertainment, carollers, and ball hockey. The 30 Christmas tree is light up and then fireworks!
Business Directory of Main Street Markham
TYPES & NAMES OF ADDRESS PHONE EMAIL ADDRESS BUSINESSES NUMBER
ACCOUNTING & TAX PREPARATION SERVICES
Robert W. Davidson. 20 Main Street 905-471- [email protected] C.A Markham North 9751
ARTS & CRAFTS
Colour Me Mine 126 Main Street 905-477- Markham North 0002
Earthwork Arts 135 Main Street 905-502- [email protected] Markham North 4424
Markham Guild of 11 Church Street 905-294- markhamguild@rogers,com Village Crafts 7421
Village Pots and 135 Main Street 905-471- villagepotterystudio.com Art Studio Markham North, 3780
lower level
ART GALLERY
Tangerine Gecko Art 107 Main Street 905-209- info@tangerine-gecko,com Gallery Markham North 0303
AUTOMOTIVE
Husky Gas Station 5 Main Street 905-882- Markham North 6351
BAKERIES
T & T Bakery and Cafe 35 Main Street Markham North
The Greek Bakery 3 Joseph Street
BANKS Bank of Montreal 86 Main Street
Markham North
905-294- 4680 905-201- [email protected] 0649
905-294- [email protected] 8746
Jul.15, 2013
The Regional Municipality of York 17250 Yonge Street Newmarket, ON L3Y 6Z1
Dear Regional Chair and Members of. York .Regional Council,
RE: Sunny Foodmart Application for Exemption
On behalf of The Cross-Cultural Community Services Association (TCCSA), l am writing in support of Sunny Foodmart's application for exemption under the Retail Business Holidays Act.
TCCSA has been working; to provide settlement services, education and language training and youth activities to new immigrants and their families since 1973. Many of the. people we have served are now owners and operators of small to mid-size retail businesses in the GTA: As such, our organization is a strong proponent of creating a healthy environment for local businesses.
TCCSA is in favour of giving retailers the choice to open on holidays if they meet the statutory requirements of the Retail Business Holidays Act. Individuals have the right to observe holidays in any way they choose based on their diverse cultural backgrounds and religious beliefs. Granting Sunny Foodmart the ability to remain open on holidays will benefit the entire Markham. community.
Thank you for taking our support into co. nsideration when reviewing Sunny : Foodmart's application.
Sincerely,
use
Nelson Chang
President
14964529.1
.Jul 15, 2013.
The Regional Municipality of York 117250 Yonge_Street Newmarket, ON L3Y 6Z1
Dear Regional Chair and Members of York Regional Council,
RE Sunny Foodniart - Application for Exemption for
On behalf of the Scarborough -York Region Chinese Business Association (SYRCHBA) ( am writing in support of Sunny Foodmart 's application for exemption. under the Retail Business Holidays Act.
SYRCHBA was established in 1983. to act as a liaison between our members and the three levels of government on matters of business as well as community affairs. We aim to promote unity, co-operation and mutual assistance within the Chinese _ business community. in Scarborough, North York and York Region. Many of our members are owners and operators of small. to mid-size retail businesses in Markham As such, our organization is committed to assisting in the development and promotion of a healthy business environment.
SYRCHBA is in favour of giving retailers the choice to open on holidays if they meet the statutory requirements of the Retail Business Holidays Act. Individuals have the right to observe holidays in any way they choose based on their diverse cultural backgrounds and religious beliefs. Granting Sunny Foodmart the ability to remain open on holidays will benefit the entire Markham community.
Thank you for taking our support into consideration when reviewing Sunny Foodmart's application.
Since y,
Johnny Presid
14964553.1
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ATTACHMENT 2
Retail Business Holidays Act
Loi sur les jours fériés dans le commerce de détail
ONTARIO REGULATION 711/91 TOURISM CRITERIA
Consolidation Period: From December 1, 1991 to the e-Laws currency date.
No amendments.
This Regulation is made in English only. 1. This Regulation sets out the tourism criteria that must be met before a municipality may pass an exempting by-law under subsection 4 (1) of the Act. O. Reg. 711/91, s. 1. 2. (1) A retail business establishment may be exempted if, (a) it is located within two kilometres of a tourist attraction; and (b) it is directly associated with the tourist attraction or relies on tourists visiting the attraction for business on a holiday.
O. Reg. 711/91, s. 2 (1). (2) An exemption granted on an area basis may only be given if, (a) all of the retail business establishments in the area are within two kilometres of the tourist attraction; (b) the area does not exceed that necessary to encompass all of the retail business establishments for which an exemption
is sought; and (c) at least 25 per cent of the retail business establishments in the area are directly associated with the tourist attraction or
rely on tourists visiting the attraction for business on a holiday. O. Reg. 711/91, s. 2 (2). (3) For the purposes of this section, a tourist attraction is limited to, (a) natural attractions or outdoor recreational attractions; (b) historical attractions; and (c) cultural, multi-cultural or educational attractions. O. Reg. 711/91, s. 2 (3). 3. Each retail business establishment that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public or normally has four or more employees serving the public must, in addition to meeting the tourism criteria set out in subsection 2 (1), provide goods or services on holidays primarily to tourists. O. Reg. 711/91, s. 3. 4. The two kilometre restriction set out in subsections 2 (1) and (2) does not apply to a retail business establishment located in a local municipality, including a local municipality located in a district or regional municipality or the County of Oxford, having a population of less than 50,000. O. Reg. 711/91, s. 4. 5. (1) Despite any other provision of this Regulation, retail business establishments in a municipality may be exempted for up to five holidays a year during which a fair, festival or other special event is being held in that municipality. O. Reg. 711/91, s. 5 (1). (2) Subsection (1) does not apply to parades. O. Reg. 711/91, s. 5 (2). 6. (1) An application for an exemption under subsection 4 (3) of the Act shall contain the following: 1. A description of the area or the retail business establishment for which the exemption is sought. 2. The justification, in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the
exemption. 3. Information establishing that the tourism criteria set out in this Regulation are met. O. Reg. 711/91, s. 6 (1). (2) An application in respect of a retail business establishment described in section 3 shall be made only by that retail business establishment. O. Reg. 711/91, s. 6 (2). Back to top
1
ATTACHMENT 3
RETAIL BUSINESS HOLIDAY ACT EXEMPTIONS
Retail Business Holidays Act provides for the following “holidays”: New Year’s Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and any other day proclaimed by the Lieutenant Governor
Table showing Schedule A of Bylaw LI-8-95-76 being a Bylaw to permit retail business establishments to be open on holidays. Includes subsequent amendments. By-law Date
Enacted Municipality Businesses Location Holidays Hours
Aurora NONE NONE
LI-8(a)-95-128 (additions to LI-8-95-76)
Nov. 23, 1995
East Gwillimbury
Brice's Sports Centre Limited
20287 Woodbine Avenue, Queensville
All, except Christmas Day
11:00 a.m. to
5:00 p.m.
LI-8(a)-95-128 (additions to LI-8-95-76)
Nov. 23, 1995
East Gwillimbury
677957 Ontario Inc. c.o.b. as Vince's Country Market
19101 Leslie Street, Sharon
All, except Christmas Day and New Year's Day
9:00 a.m. to
7:00 p.m.
LI-8(c)-1999-133 (substitution)
Mar. 25, 1999
East Gwillimbury
Old McDonald’s Furniture and Appliances (SUBSTITU- TION)
19937 Woodbine Avenue, Queensville
All, except Christmas Day and New Year’s Day
9:00 a.m. to
6:00 p.m.
LI-0008(h)-2004-013
Feb. 19, 2004
East Gwillimbury
Queensville Antique Mall 20091 Woodbine Avenue, Queensville
All, except Christmas Day and New Year’s Day
10:00 a.m. to 6:00 p.m.
LI-8(a)-95-128 (additions to LI-8-95-76)
Nov. 23, 1995 Georgina All Within the geographic boundaries of the Town of
Georgina
All, except Christmas Day and New Year's Day
9:00 a.m. to 6:00 p.m.
Retail Business Holiday Act Exemptions Page 2
By-law Date Enacted Municipality Businesses Location Holidays Hours
King
NONE NONE
LI-8(a)-95-128 (additions to LI-8-95-76)
Nov. 23, 1995 Markham All
OLD TOWN OF MARKHAM CORE: An area of the Old Town of Markham generally bounded: on the south by the King's Highway No. 7; on the east by Washington Street and George Street to approximately 143 Main Street on the east side and 158 Main Street on the west side; and on the west by Water Street, Robinson Street and the Rouge River
All, except Christmas Day
9:00 a.m. to
6:00 p.m.
LI-8(a)-95-128 (additions to LI-8-95-76)
Nov. 23, 1995 Markham All
UNIONVILLE CORE: in the former Police Village of Unionville in the Town of Markham on Main Street, Unionville from the CNR tracks to the bridge crossing the Rouge River tributary
All, except Christmas Day
9:00 a.m. to
6:00 p.m.
LI-0008(d)-2000-064 (addition to LI-8-95-76)
Aug. 31, 2000 Markham
Pacific Mall Heritage Town
4300 Steeles Avenue East, south half of the 2nd floor from Units A1-201, W2, W1, A1-222M to Units V2, F-7, F-8 and V-1, inclusive, Town of Markham
All 11:00 a.m.
to 11:00 p.m.
LI-0008(e)-2000-107 (addition to LI-8-95-76)
Oct. 26, 2000 Markham
Market Village Markham Inc.
4350 Steeles Avenue East, Town of Markham All 8:00 a.m. to 12:00 midnight
LI-0008(f)-2001-003 (addition to LI-8-95-76)
Jan. 18, 2001
Markham
York Region Condominium Corporation 890, c.o.b. Pacific Mall
4300 Steeles Avenue East, Town of Markham All 8:00 a.m. to 12:00 midnight
2012-34 (addition to LI-8-95-76)
May 17, 2012 Markham Kennedy and
Denison Centre 1661 Denison St., Town of Markham
All, except Christmas Day and Easter Sunday
8:00 a.m. to 12:00 midnight
2013-27 (addition to LI-8-95-76)
Apr. 18, 2013 Markham
2197088 Ontario Inc., operating as Foody Mart
5221 Highway 7 East, Markham
All, except Christmas Day and Easter Sunday
9:00 a.m. to 12:00 midnight
YORK-#5112534-v1-PED__02__Attachment_3_-_Sunny_Foodmart_Retail_Business_Holidays_Act_Application_for_Exemption_-_(FALL_2013)
Retail Business Holiday Act Exemptions Page 3
By-law Date Enacted Municipality Businesses Location Holidays Hours
2013-28 (addition to LI-8-95-76)
Apr. 18, 2013 Markham
T & T Supermarkets Inc.
8339 Kennedy Road, Markham
All, except Christmas Day and Easter Sunday
9:00 a.m. to
10:00 p.m.
2013-28 (addition to LI-8-95-76)
Apr. 18, 2013 Markham
T & T Supermarkets Inc.
7070 Warden Avenue, Markham
All, except Christmas Day and Easter Sunday
8:00 a.m. to
10:00 p.m.
LI-8(b)-96-1 (addition to LI-8-95-76)
Jan. 11, 1996 Newmarket All
NEWMARKET DOWNTOWN, within the following boundaries: North: south limit of Davis Drive; East: east limit of Prospect St. and Bayview Ave; South: south limit of College St. and Cane Parkway; West: west limit of William St., Church St. and Niagara St.
All, except Christmas Day, New Year'’s Day and Good Friday
8:00 a.m. to
10:00 p.m.
2011-20 May 19, 2011
Richmond Hill
Oak Ridges Food Market 13144 Yonge Street, Town of Richmond Hill
Good Friday, Victoria Day, Canada Day, Labour Day
8:30 a. m. to
6:00 p.m.
LI-8(a)-95-128 (additions to LI-8-95-76)
Nov. 23, 1995 Vaughan All
KLEINBURG CORE, within the following boundaries: East side of Islington Ave. from 10365 Islington Ave. to 10565 Islington Ave.; West side of Islington Ave. from 10406 Islington Ave. to 10576 Islington Ave.; South and North sides of Nashville Road from Islington Ave. to Highway 27
All, except Christmas Day
8:00 a.m. to
10:00 p.m.
YORK-#5112534-v1-PED__02__Attachment_3_-_Sunny_Foodmart_Retail_Business_Holidays_Act_Application_for_Exemption_-_(FALL_2013)
Retail Business Holiday Act Exemptions Page 4
By-law Date Enacted Municipality Businesses Location Holidays Hours
LI-0008(i)-2004-086 2008-64 2009-57 2010-17
Nov. 18, 2004 Oct. 23, 2008 Dec. 16, 2009 Mar. 25, 2010
Vaughan Vaughan Mills Mall Campus
VAUGHAN MILLS MALL CAMPUS, including Vaughan Mills Mall and the Outparcels located within the following boundaries: Rutherford Road to the north, Jane Street to the east, Bass Pro Mills Drive to the south and Highway 400 to the west and more particularly shown on the attached Appendix “A”
All, except Christmas Day Good Friday and Easter Sunday
8 a.m. to 10 p.m.
LI-8-95-76 May 30, 1995
Whitchurch- Stouffville All Within the geographic boundaries of the Town of
Whitchurch-Stouffville July 1 in each year
8:00 a.m. to
10:00 p.m. DK/ Last updated April 16, 2013
YORK-#5112534-v1-PED__02__Attachment_3_-_Sunny_Foodmart_Retail_Business_Holidays_Act_Application_for_Exemption_-_(FALL_2013)