By Steve Lambert / The Canadian Press

Nova Scotia's tourism industry has lodged a complaint with the provincial ombudsman to pressure the province to allow Sunday shopping.

The industry's main lobby group says the law is unfair because it allows some stores to open and forces others to shut down on Sundays.

"The Act discriminates against certain businesses," Judith Cabrita, director of the Tourism Industry Association of Nova Scotia or TIANS, said Thursday.

"What we're calling for is the deregulation of retail hours."

Nova Scotia is the only province with a year-round ban on openings at most stores on Sundays and holidays. Prince Edward Island allows Sunday openings only in the few weeks leading up to Christmas.

The Nova Scotia law, known as the Retail Business Uniform Closing Day Act, says some stores are allowed to open on Sundays based on what they sell, such as fruit, books, and video rentals.

But other stores are allowed to open only if they are less than 4,000 square feet (about 370 square metres), such as convenience stores and grocery stores. Department stores, large grocery stores and most other big outlets are forced to close.

Cabrita said the government should not tell retailers when to open and close.

"Businesses and their customers should be the ones to decide when stores should open," she said in an interview.

The Conservative government has defended the shopping law as a way to give families a day of rest and leisure. That idea has firm support among labour groups and many people across the province.

The government tried to put the matter to rest last year, saying it would not review the issue for at least four years.

But pressure from business groups, and the fact that New Brunswick recently loosened its Sunday shopping rules, has put the matter back on the government agenda.

"We have said quite clearly that there won't be any change for this coming Christmas," said Tourism Minister Rodney MacDonald.

"It's still an issue that cabinet has at the table."

Premier John Hamm has also indicated the issue is up for discussion again. He said he consulted people at public events over the summer.

The ombudsman's office won't discuss active investigations, but Cabrita said she has been told by the ombudsman's office that it is currently collecting information from the Department of Justice, which administers the shopping law. The office investigates complaints from anyone who feels they have been treated unfairly by provincial or municipal government.

If it agrees with a complaint, it has the power only to make recommendations to government bodies.

The Hotel Association of Nova Scotia is also pressing the government to change the law. Association president Bill Harrison, Cabrita and other business people met last week with MacDonald, hoping to change his mind.