Saying once-uptight Toronto has evolved to the point where residents should be able to shop any day of the year, including Christmas, a city committee is urging council to unshackle retailers from holiday restrictions.

The economic development committee voted 5-1 Thursday in favour of removing an oft-flouted rule that makes it illegal for most Toronto stores to open on New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Easter Sunday and Family Day.

“The culture has changed,” said committee chair Kyle Rae (Ward 27, Toronto Centre-Rosedale), noting that he usually celebrates Christmas by going to a movie theatre.

“We can’t say that these nine (holidays) apply to everyone. People need to make their own choices about when they want to have that family time, who they want to spend it with, and where they want to do it.”

Even Howard Moscoe, who led the charge against Sunday shopping before the Ontario government amended a law to allow it in 1992, visited the committee to support the administration’s recommendation to scrap the holiday rule.

“I’m going to wave the white flag of surrender,” said Moscoe (Ward 15, Eglinton-Lawrence), who plans to vote for the change when it goes to council May 11 and 12.

“Toronto has evolved to the point now where it’s the right thing to do,” he said, arguing the city once derided as Toronto the Good for its rigid rules of social conduct has become a place where people respect and accommodate each other’s differences and traditions.

“Society in Toronto has become that kind of civil society that we didn’t have when I grew up in Toronto as a kid. I think most employers will take their employees into account” if they exercise their legal right to refuse work on a holiday.

The lone councillor to oppose the motion, Case Ootes, said he thinks Torontonians already have enough opportunities to shop.

“It’s only nine days a year,” said Ootes (Ward 29, Toronto-Danforth), adding he has trouble getting his family together for Sunday dinner because invariably one or two members have to work. “That doesn’t happen on these nine days.”

A parade of merchant representatives, from the Beach to northern Etobicoke, told the committee they risk a fine for opening on a holiday, while competitors in provincially designated tourist zones, including Harbourfront, the Yonge Street strip and the Eaton Centre, ring up sales.

“I think what this comes down to is fairness — the ability for local businesspeople to make their decisions, especially in a city that is the world’s most ethnically diverse,” said John Kiru, executive director of the Toronto Association of Business Improvement Areas.

Council was given the power in 2006 to allow 365-day shopping, but it failed to agree on reforms as recently as last year. Meanwhile, Torontonians have been able to spend holidays wandering malls designated as tourist zones, including Vaughan Mills and Markham’s Pacific Mall.

Mississauga’s Square One mall recently won special tourist zone status, with freedom to open any day but Good Friday, Easter and Christmas. That sparked a plea from the Sherway Gardens mall in neighbouring Etobicoke for a more level playing field.

Ofra Nissani, co-owner of Boa clothing stores, said she risked a fine when she opened her Beach outlet on Good Friday, after lobbying from employees eager to earn double-time-and-a-half (holiday pay varies by industry and hours). City inspectors have turned a blind eye to such openings.

Russell Lazar, general manager of Honest Ed’s, told the committee that’s not an option for his famous store, where tourists find doors locked tight on holidays.

“Years ago, Ed Mirvish put honest in front of his name. How can we open? The headlines right away would say ‘Honest Ed ain’t so honest.’ So we stay closed,” said Lazar, adding the bargain mecca won’t open Christmas Day.

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Michael Williams, Toronto’s general manager of economic development, tried to allay some councillors’ fears that some small shops might force staff to work on holidays, even though the Employment Standards Act says they can refuse to do so.

“To the best of our knowledge, we could not find any instances where there has been any controversy around staff being coerced,” he said.

“I have to believe that there is subtle pressure in some operations . . . but in a day of 10-plus per cent unemployment, our sense is that the freedom for employees to choose to work on that day outweighs the other factors.”