Ten Sears Canada stores opened in Ontario Monday, possibly in violation of the Retail Business Holidays Act since it was Victoria Day.

The company had been forewarned by the provincial government it might face sanctions, but Sears nevertheless went ahead and opened although it maintained it did not went against the law because the openings were private-by-invitation only affairs and were closed to the public.

Ontario refused to accept Sears' explanation as it pointed out only stores in designated tourist zones could do so. Among the Sears outlets that opened were those in Belleville, Brocville, Cobourg, Cornwall, Sarnia, St. Catherines and Windsor.

Although Sears, the second largest department store chain in Canada, said the Monday openings were by invitation only, some stores opened to the general public.

The violation could merit Sears penalties ranging from $500 up to $50,000. But Greg Dennis, spokesman of Ontario's Ministry of Government and Consumer Services said the ministry will leave it up to the police to enforce the law.

Sears spokesperson Eliana Cugini said the store openings on Victoria Day were charity events that would support groups that deal with childhood cancer.

A rival retailer also planned a Monday opening, but scrapped its plans in deference to the law. In view of Sears' opening, the rival chain called for enforcement of the act or its scrapping.

Hillary Marshall, spokesperson for the rival chain that operates The Bay, Zellers and Home Outfitters, told the Toronto Star, "HBC does not open on statutory holidays. We believe the government should act to enforce the statutory business act or to remove it and create a level playing field for all retailers, rather than some retailers using events or other tactics to get around the act."