No charges for grocers that opened on Sundays

Halifax Regional Police have decided not to lay charges against Atlantic Superstore or Sobeys for opening some of their grocery stores on Sundays.

Detectives with the financial crime section investigated an alleged contravention of the Retail Business Uniform Closing Day Act.

The act prohibits stores with more than 4,000 square feet of retail space from opening on Sundays.

Sobeys and Atlantic Superstore had been getting around the act by subdividing some of their stores into separate businesses smaller than 4,000 square feet.

In response to the store openings, Nova Scotia Premier Rodney MacDonald's Conservative government changed the law to prevent companies from dividing up their businesses.

Peter Craig of the province's public prosecution service says the stores can't be charged because the act does allow for some exceptions andthe stores "technically complied with the legislation."

Police said Thursday no charges will be laid and the investigation is now closed.

"Based on the manner in which Superstore and Sobeys are incorporated, the nature of the retail business, and the floor space that was involved, police are satisfied that the current openings are within the law," said Halifax police spokesperson Const. Tanya Chambers.

Michael Baker, the minister responsible for regulating store hours, says he believes the updated legislation would have prevented the stores from opening.

"Certainly based on legal advice, we believed that we had addressed the matter in a way that would respect the spirit of the plebiscite," said Baker, referring to a 2004 vote in which Nova Scotians rejected Sunday shopping.

Representatives from the two grocery outlets say they're pleased with the police decision, but say they still plan to carry through with a court challenge later this month against the new regulations.

Opponents of Sunday shopping accused the grocery chains of violating the spirit of the ban for large retailers, prompting the provincial government to order a review of the stores' actions.

The premierhasvowed to hold another plebiscite on the issue in 2008.

Pete's Frootique owner Pete Luckett was the first retailer to divide up his business, first skirting the ban in 1999.

He won a court case that year, with the judge ruling Pete's Frootique in Bedford could legally open under the province's Sunday shopping legislation.