Business Licensing Bylaw
This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.
For any questions related to this bylaw contact 519-747-8785 or municipalenforcement@waterloo.ca
Bylaw number: 2023-105
Last passed by council: December 11, 2023
A bylaw to provide for the licensing and regulation of various businesses in the City of Waterloo
- Definitions
- Prohibitions
- Licencing requirements
- Issuance of licence and grounds for refusal
- Term of licence
- Revocation and suspension
- Appeal
- Notices
- Inspection
- Order to discontinue activity
- Work order
- Remedial action
- Enforcement
- Penalties
- Collection of unpaid fines
- Schedules
- Short title
- Severability
- Repeal/transition
- Coming into force
- Schedules 1 to 30
Whereas pursuant to the provisions of Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the “Municipal Act”) the Council of the Corporation of the City of Waterloo (“Council”) may provide for a system of licences with respect to businesses;
Whereas Section 436 of the Municipal Act authorizes a municipality to pass bylaws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not there is compliance with a bylaw, a direction or order, or a condition of a licence;
Whereas Sections 390 to 400 of the Municipal Act authorize a municipality to pass bylaws imposing fees or charges for services or activities provided or done by them;
And whereas Sections 23.2, 23.3 and 23.5 of the Municipal Act, 2001 authorizes a municipality to delegate its administrative and hearing powers in certain circumstances; and,
Whereas Council deems such a system of licences appropriate to address health and safety, well being of persons, consumer protection and nuisance control.
Therefore the municipal council of the corporation of the city of waterloo enacts as follows:
1.0 Definitions
“Accredited program” means a food handler training and certification program recognized by Region of Waterloo Public Health;
“Administrative penalty bylaw” means the administrative penalty bylaw of the City, as amended from time to time, or any successor thereof;
“Adult” means an individual eighteen years of age or older;
“Amusement devices” means a machine, contrivance, structure or vehicle used in a fair to entertain members of the public by moving them or causing them to be moved;
“Animals for entertainment” mean members of the animal kingdom, other than a human, used to act or perform for the enjoyment of humans;
“Annual fire inspection” means an inspection that was conducted on a fire safety system by a qualified person to ensure compliance with the Ontario Fire Code;
“Applicant” means the person applying for a licence or renewal of licence under this bylaw;
“Application” means an application for a licence under this bylaw;
“Application premises” means the premises the applicant is seeking to licence;
“Auctioneer” means any person selling or putting up for sale goods, wares, merchandise or effects by public auction;
“Barber shop” means the same as “beauty salon”;
“Beauty salon” means an establishment which provides beauty treatments for hair, face, hands, feet and includes waxing, tanning, body and ear piercing, micro pigmentation, electrolysis and tattooing, but shall not include a body rub parlour;
“Bed and breakfast establishment” means a dwelling unit in which guest rooms are rented or hired out for the purposes of providing temporary overnight accommodation not exceeding 28 consecutive days for the travelling or vacationing public and where one or more meals are provided to the guests, but does not include a hotel, motel, group home, lodging house or restaurant;
[Definition deleted and replaced by bylaw No. 2024-072, October 7, 2024]
“Business” means any business wholly or partly carried on within the City even if the business is being carried on from a location outside the City and includes:
a) trades and occupations;
b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise;
c) the sale or hire of goods or services on an intermittent or one time basis and the activities of a transient trader; and,
d) the display of samples, patterns or specimens of goods for the purpose of sale or hire;
“Certificate of insurance form” means a form prescribed by the Director, which is required to be completed by an insurance provider, confirming that the subject business holds the minimum insurance required by this bylaw;
“Certified food handler” means a food handler who holds a valid food handler certificate recognized by Region of Waterloo Public Health;
“Chief building official” means the Chief Building Official of the City or their designate;
“Chief fire official” means the Chief Fire Official of the City or their designate;
“Chief of police” means the Police Chief for the Waterloo Regional Police Service or their designate;
“City” means the Corporation of the City of Waterloo or the geographical area of the municipality, as the context requires;
“City property” means property owned by the City;
“Cleaning service” means cleaning and sanitation services conducted at homes, offices, commercial buildings, or other facilities. This may including dusting, vacuuming, mopping, disinfecting, organizing spaces, carpet cleaning, window washing, or deep cleaning;
“Community organization” means a non profit group of persons organized for the advancement of activities of a civic, cultural or recreational nature;
“Combustible liquid” means “combustible liquid” as defined in the Ontario Fire Code;
“Contractor” means a person engaged in the business of providing services or performing work maintaining, altering, repairing, renovating, or constructing buildings, structures or properties, and may include, but is not limited to drain laying contractor, driveway paving contractor, fence installation contractor, fire safety contractor, H.V.A.C. contractor, landscape contractor, plumbing contractor, and pool installation contractor, but does not include a person whose principle business is the construction of new buildings or structures and who is registered with the Tarion Warranty Corporation, or any electrician, master electrician, or electrical contractor;
“Criminal record check” means a criminal record check issued to the person(s) carrying on the business by a Canadian police service either directly or through a third party service provider or a police service in whose jurisdiction the applicant resides;
“Declaration of compliance” means a written statement, in the form prescribed by the Director and signed by the applicant, confirming that the establishment is in compliance with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, or any regulation made under it;
“Designated provision” means any section of this bylaw designated in accordance with section 14.7;
“Director” means the Director of Municipal Enforcement Services, or their designate;
“Donation box” means any receptacle used for the purpose of collecting clothing, donated by the public, on an ongoing basis and as part of the regular activity of the operator;
“Donation box operator” means a person engaged in the business of operating a donation box;
“Drain laying contractor” means a person engaged in the business of drainage work;
“Drain layer” means a person who is skilled in the planning, superintending, installing, replacing or maintenance of drainage work, including the laying of pipe into trenches to form sanitary sewers, storm sewers, storm drainage management systems and removal of obstructions from drains, and who is familiar with the laws, rules and regulations of governing same;
“Drainage work” means the installing, replacing, repairing or maintenance of drains and drainage systems inside or outside of the buildings;
“Driveway paving contractor” means a person engaged in the business of paving or sealing paved driveway surfaces on privately owned property;
“Dry cleaner” means a person engaged in the business of dry cleaning, dry dyeing, cleaning, pressing, and spot or stain removal, or other similar applications to clothing or fabric;
“Dwelling unit” means two or more rooms designed or intended to be occupied by and for the use of an individual or household with separate cooking and sanitary facilities;
“Fair” means an exhibition, circus, menagerie and other like show, and may include amusement devises;
“Fees and charges bylaw” means a bylaw passed by Council pursuant to section 391 of the Municipal Act establishing the fees and charges for services or activities provided by or on behalf of the City, as amended or replaced from time to time;
“Fence” means a protective, enclosing or visual barrier of posts, wire, boards, rails, pickets, pilings, wood, metal, fiberglass, plastics, masonry or similar materials or any combination thereof and includes a wall or partition that is not an integral part of a building but does not include trellis or arbour, nor does it include temporary fencing;
“Fence installation contractor” means a person engaged in the business of installing fences on privately owned property;
“Fire safety plan” means a document approved by the Chief Fire Official that is required under, and meets all the provisions of, Division B, section 2.8 of the Ontario Fire Code;
“Fire safety contractor” means a person engaged in the business of design, installation, inspection, or maintenance of fire safety systems;
“Fire safety systems” includes, but are not limited to, fire alarms, emergency power, emergency lighting, sprinklers, standpipes, commercial cooking hoods, commercial cooking suppression systems, special extinguishing systems, fire extinguishers, private fire hydrants and other water supply systems used for the purpose of fire suppression;
“Flammable liquid” means “flammable liquid” as defined in the Ontario Fire Code;
“Flyer” means advertising or promotional materials for distribution to the public, including circulars, handbills and leaflets, but does not include materials provided by a registered charity, community organization or political organizations;
“Flyer distributor” means a person engaged in the distribution of flyers in the City, whether under contract or otherwise, or who employs other persons to distribute flyers in the City, but does not include a registered charity, community organization or a person who distributes political advertisements;
“Food shop” means a place where food products intended for human consumption are prepared, made for sale, offered for sale, stored or sold but does not include a place which sells only bottled or canned beverages or pre packaged candies other than those required to be kept frozen;
“Food vehicle” means a motorized or non motorized food vending facility from which food products are sold or offered for sale and includes a food truck, food trailer, canteen truck, or food cart;
“Graphic image” means an image or photograph showing, or purporting to show, a fetus or any part of a fetus;
“Health approval” means the written approval of the Region of Waterloo Public Health;
“Hearing officer” means a person designated by Council for the purpose of hearing appeals under this bylaw;
“Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof, which is under the jurisdiction of the City;
“H.V.A.C. contractor” means a person engaged in the business of installing, replacing, repairing or maintenance of a heating, ventilating or air conditioning system;
“Home occupation” means “home occupation” as defined in the zoning bylaw;
“Landscape contractor” means a person engaged in the business of the design, installation, and maintenance of outdoor spaces and may include lawn care, planting, pruning, irrigation, hardscaping, and landscape lighting;
“Launderette” means an establishment with automatic washing machines for the public use;
“Licence” means a licence to engage in a business issued under this bylaw, and the term “licenced” shall have a corresponding meaning;
“Licenced premises” means the premises referred to in a licence;
“Licensee” means a person who has been issued a licence under this bylaw;
“Medical officer of health” means the Medical Officer of Health for the Region of Waterloo Public Health, or his or her designate;
“MLEO” means a person appointed as a Municipal Law Enforcement Officer by Council pursuant to section 15 of the Police Services Act, R.S.O. 1990, c. P.15, as amended;
“Mock auction” means an auction during which:
a) any goods are sold to a person at a price lower than the highest bid offered for the same;
b) part of the bid price is repaid or credited to the bidder;
c) the right to bid is restricted to those persons who have bought or agreed to buy one or more goods at auction; or,
d) any goods are given away or offered as gifts.
“Mobile vendor” means a person engaged in the business of offering place to place services, often using a vehicle or portable equipment to bring their products or services directly to customer’s home, including cleaning services, but does not include a contractor, food vehicle, or temporary vendor;
“Motor vehicle” means an automobile, motorcycle, truck, trailer or motor assisted bicycle unless otherwise indicated in this bylaw and any other vehicle propelled or driven otherwise than by muscular power but does not include a street car or other motor vehicle running only upon rails or a motorized snow vehicle, traction engine, farm tractor, self propelled implement of husbandry or road building machine;
“Motor vehicle dealership” means a building or place where a person engages in the business of buying or selling motor vehicles;
“Motor vehicle repair shop” means a building or place where a person engages in the business of working on or repairing motor vehicles;
“Motor vehicle facility” means a new or used motor vehicle dealership, motor vehicle service station, motor vehicle repair shop, suppliers of new and used motor vehicle parts, motor vehicle inspection and insurance appraisal, motor vehicle rental and leasing, and motor vehicle specialty and service shop;
“Motor vehicle service station” means a building or place of business where all activities are related or incidental to the prime function of selling motor vehicle fuels and products with or without the provision of a motor vehicle repair shop and maintenance to motor vehicles but shall not include a motor vehicle dealership or a motor vehicle repair shop;
“Motor vehicle specialty and service shop” means a building or place where a person engages in the business of servicing and maintenance of the interior or exterior of a motor vehicle, including, but not limited to, brakes, tires, transmissions and upholstery, and shall include car wash and paint spray facilities;
“Municipal enforcement services” means the Municipal Enforcement Services of the City;
“Newspaper vending box” means any box, receptacle or machine, located on City property, from which newspapers, magazines or other publications are intended to be dispensed, distributed or disseminated to the general public;
“Newspaper vending box operator” means a person who operates a newspaper vending box;
“Nightclub” means an establishment with the primary function of providing commercial entertainment with an open floor area and where seating is not provided for the majority of the patrons; the principal function of which is dancing and or listening to pre recorded or amplified music, viewing live musical performances, and or viewing other forms of live entertainment. Food and beverages may be offered for sale as an ancillary use;
“Obscene show” means any show of which a dominant characteristic is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence;
“Occupancy load” means the number of persons for which a building or part thereof is designed;
“Ontario Fire Code” means the Ontario Fire Code in force and effect under the Fire Protection and Prevention Act, 1997;
“Owner” means the owner or tenant of a building;
“Operator” includes a proprietor or any other person who, alone or with others, operates, manages, supervises, runs or controls a business, and “operate” and “operation” has a corresponding meaning;
“Parking enforcement” means the activity of enforcing municipal parking bylaws and regulation, including the issuance of a certificate of parking infraction and parking infraction notice under Part II of the Provincial Offences Act, R.S.O. 1990, c. P.33 or the issuance of penalty notices under the City’s administrative monetary penalties bylaw, as amended;
“Paving” means the act of laying asphalt, concrete, interlocking stone paving and other similar material;
“Person” means an individual, firm, corporation, association or partnership;
“Pet care centre” means a building or place where a person engages in the business of providing a supervised environment for pets and may be offered for dogs, cats, or other pets, and may include a range of activities and amenities designed to provide mental and physical stimulation;
“Pet grooming salon” means a business which offers a range of services to pet owners for the care and maintenance of their pets' appearance and hygiene and may include bathing, grooming, hair trimming, nail trimming, and ear cleaning, among others;
“Pet service” means a business establishment which operates as a pet care centre, pet grooming salon, or pet shop;
“Pet shop” means a business where animals are sold, kept, groomed or offered for sale as pets, excluding veterinary practices;
“Plumbing” means “plumbing” as defined in the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and “plumbing work” has a corresponding meaning;
“Plumbing contractor” means a person engaged in the business of plumbing;
“Police officer” means a police officer with the Waterloo Regional Police Service;
“Pool installation contractor” means a person engaged in the business of installing pools on privately owned property;
“Portable sign” means “portable sign” as defined in the City’s sign bylaw;
“Portable sign lessor” means a person engaged in the business of installing, leasing or renting to others portable signs;
“Portable sign permit” means a sign permit issued under the City’s sign bylaw, as amended, for the display of a portable sign;
“Private property enforcement officer” means an individual who, on behalf of a private property enforcement contractor, engages in parking enforcement on private property;
“Private property enforcement contractor” means a person engaged in the business of providing parking enforcement services on private property;
“Public hall” means a building or part of a building, including a portable building or tent, with a seating capacity of over 100 persons, that is offered for use or used as a place of public assembly but does not include a theatre licenced under the Film Classification Act, 2005, S.O. 2005, c.17, or a building, except a tent, used solely for religious purposes;
“Qualified plumber” means a person who holds a certificate of qualification from the Province of Ontario as a plumber, who is qualified in the planning, superintending and installation of plumbing, is familiar with the laws, rules and regulations governing the same, and who alone, or by journeyman and or apprentice plumbers under his or her supervision, performs plumbing work;
“Registered charity” means:
a) a charitable organization, private foundation or public foundation, within the meanings assigned by subsection 149.1(1) of the Income Tax Act, RSC 1985, c. 1 (5th Supp), that is resident in Canada and was either created or established in Canada; or,
b) a branch, section, parish, congregation or other division of an organization or foundation described in paragraph (a), that is resident in Canada and was either created or established in Canada and that receives donations on its own behalf.
“Regulated health professional”, means a health profession governed under the Regulated Health Professions Act, 1991 and health profession Acts;
“Retail and service shop” means an establishment where a person is engaged in the business of selling goods or services directly to a consumer and is not regulated by another schedule to this bylaw;
“Salvage yard” means “salvage yard” as defined in the Regional Municipal of Waterloo bylaw No. 05-063 or its predecessors;
“Screening and hearing officer bylaw” means bylaw No. 2019-11, or its predecessor, passed by the City to provide for the appointment of screening and hearing officers in the City;
“Second hand good shop” means “second hand good shop” as defined in the Regional Municipal of Waterloo bylaw No. 05-062 or its predecessors;
“Secretary of licensing appeals” means a City employee who is assigned to the roll by the Director;
"Short term rental" means all or part of a dwelling unit that is used to provide transient sleeping accommodations for a period of thirty (30) consecutive days or less, typically facilitated through a short term rental platform, but does not include a hotel, inn or bed and breakfast. A short term rental must be owner occupied, and does not include rental arrangements exceeding thirty (30) consecutive days, provided such arrangements are not facilitated through a short term rental platform and comply with all applicable requirements under the Residential Tenancies Act, 2006, S.O. 2006, c. 17;
"Short term rental platform" means any online service, website, mobile application, or other digital platform that facilitates the rental, advertisement, or listing of a dwelling unit or part thereof for the purpose of transient accommodation;
“Sign” means an identification, description, illustration, object or device illuminated or non illuminated, that is visible from any public or private street and directs attention to a product, place, activity, person, institution, business, or solicitation, but does not include:
a) the display of goods placed inside a window;
b) gravestones or other markers placed for historical or memorial purposes;
c) private celebratory or holiday decorations;
d) murals; or,
e) traffic control devices;
“Significant community festival” means a designated festival or event approved by City Council;
“Support our local economic recovery (soler) temporary patio licence” means a patio using off street parking areas, certain open spaces, or City property for commercial purposes for a limited time period;
“Special event” means an event not exceeding three (3) consecutive days and not occurring more than six (6) times in a calendar year;
“Special sale” means any sale that offers to sell or dispose of goods, wares or merchandise in a manner that is not in the ordinary course of retail business, including, but not limited to, liquidation sales and bankruptcy sales;
“Temporary vendor” means a person engaged in the business of selling or offering for sale goods or services for a period of time less than ninety (90) days;
“Tradeshow” means a gathering of members of a trade industry for the exhibition of products or technologies;
“Uptown waterloo business improvement area” means the area of the City as shown in Schedule 31 of this bylaw;
“Vendor market” means a marketplace where multiple temporary vendors, typically small businesses or independent sellers, sell their products or services in a shared physical space. Vendor markets may take many different forms, including farmer's markets, craft fairs and pop up shops;
“Zoning bylaw” means all bylaws passed by Council pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, that restricts the use of land in the City, as amended;
2.0 Prohibitions
2.1 No person shall:
a) carry on a business, permit a person to carry on a business or hold themselves out as being licenced to carry on a business:
i. without a licence, as applicable;
ii. at a location other than the licenced premises;
iii. under any other name than the one identified on the licence;
iv. except in accordance with the regulations set out in this bylaw; or,
v. without complying with any and all conditions or restrictions placed on the licence;
b) transfer or assign a licence to any other person or to any other location other than the licenced premises; or,
c) obtain a licence by providing mistaken, false or incorrect information.
2.2 Where a person sells or transfers ownership of a business to another person, including the sale or transfer of shares in the business or a corporation that owns shares in the business, the licence issued for that business shall be void upon transfer.
2.3 Section 2.1 above shall not apply to a business that is regulated by:
a) the rental housing licensing bylaw; or,
b) the adult entertainment parlour bylaw.
2.4
Section 2.1 above shall not apply to the following businesses:
a) taxi cabs;
b) second hand good shops; and,
c) salvage yards
d) office space not intended to service the general public;
e) a business that is operated by a licensed lawyer or paralegal, except when operated as a home occupation; and,
f) a business operated by a regulated health professional, except when operated as a home occupation.
2.5 Notwithstanding anything to the contrary, a soler temporary licence may be conditionally issued if a zoning bylaw amendment application to permit the temporary use of the lands is being processed or has been approved pursuant to the Planning Act.
3.0 Licencing requirements
3.1 For a licence, an applicant shall submit the following to the Director:
a) a complete application in the form prescribed by the Director, which shall include:
i. the applicant’s name;
ii. the applicant’s residential and mailing address;
iii. the address for the business; and,
iv. the telephone number, and e mail address for the business;
b) the applicable fees in accordance with the fees and charges bylaw, which are not prorated or refundable;
c) unless provided otherwise in this bylaw, a certificate of insurance form, as provided in Schedule 1 to this bylaw;
d) where the applicant is a corporation, Articles of Incorporation or a copy of a corporate profile or entity report and a list of the names and addresses of the current directors and officers of the corporation;
e) where the applicant is a partnership, a list of the names and addresses of the partners and, if a registered partnership, a copy of the registered declaration of partnership, and any changes or corrections thereto;
f) where the applicant is an individual, a copy of a piece of government issued photo identification;
g) any other documents as prescribed in the schedules.
i) where the applicant is applying for a soler temporary licence and would be seeking a licence to operate on private property, prior written consent of the property owner is required.
3.2 For a renewal of a licence, an applicant shall submit to the following to the Director:
a) a renewal application in the form prescribed by the Director;
b) the applicable fees in accordance with the fees and charges bylaw, which are not prorated or refundable; and,
c) such documents as the Director may require including but not limited to the documents set out in section 3.1 above.
3.3 Every licensee shall:
a) post the licence in a conspicuous place at the licenced premises;
b) carry the licence on their person when engaged in a business where the licensee travels from place to place to perform their business;
c) produce the licence for inspection and otherwise permit any MLEO, or any other persons authorized to enforce this bylaw, to enter the licenced premises to conduct an inspection as may be deemed necessary in order to ascertain whether or not the provisions of the bylaw are being complied with;
d) notify the Director within seven (7) days of any change in their business or residential address, email address or facsimile number;
e) comply with the provisions of this bylaw and all applicable laws, including, but not limited to, the zoning bylaw; and,
f) comply with the conditions and restrictions placed on the licence.
4.0 Issuance of licence and grounds for refusal
4.1 The Director shall receive and process all completed applications for licences and licence renewals.
4.2 The Director shall issue a licence or renew a licence to any person who meets the requirements of this bylaw, except where:
a) the past conduct of the applicant affords the Director reasonable grounds to believe that the applicant has not or will not carry on their business in accordance with the applicable law or with integrity and honesty;
b) the Director reasonably believes that the carrying on of the business may be adverse to the public interest;
c) the application premises is subject to an order, or orders, made pursuant to or by:
vi. the City’s property standards bylaw;
vii. the Building Code Act, 1992, S.O. 1992, c. 23, or any regulations made thereunder;
viii. the Fire Protection and Prevention Act, 1997, or any regulations made thereunder, including the Ontario Fire Code; or,
ix. the Medical Officer of Health;
d) the application premises is not in compliance with the zoning bylaw; or,
e) the applicant is indebted to the City by way of fines, penalties, judgments, outstanding property taxes, or any other amounts owing.
4.3 The Director may deny the issuance or renewal of a licence where the applicant has been convicted within the past five (5) years of:
a) a criminal offence for which a pardon has not been granted; or,
b) a regulatory offence in any way related to the business.
4.4 For the purposes of sections 4.2 and 4.3 above, the term “applicant” shall include any director, officer, partner or principal of a partnership or corporation, or any shareholder of a corporation that holds at least fifty percent (50%) of the shares of that corporation.
4.5 The Director shall generally perform all administrative functions conferred upon them by this bylaw.
4.6 Licences issued pursuant to this bylaw are conditional on compliance by the licensee with all municipal bylaws and other applicable laws.
5.0 Term of licence
5.1 Unless renewed or revoked, a licence issued or renewed under this bylaw shall expire annually in accordance with Schedule 3, except where provided otherwise in the schedules.
6.0 Revocation and suspension
6.1 The Director may revoke or suspend a licence at any time where:
a) the Director is of the opinion that the business carried on by the licensee poses a threat to the health and safety of the public;
b) the licensee has violated any of the provisions of this bylaw or any other applicable laws;
c) the licence was issued because false or misleading information was provided to the City;
d) a licence was issued in error; or,
e) as otherwise authorized in accordance with this bylaw.
6.2 If the Director is satisfied that the carrying on of the business poses an immediate danger to the health or safety of any person or to any property, the Director may, for the time and on such conditions as they consider appropriate, without a hearing, suspend a licence subject to the following:
a) before suspending the licence, the Director shall provide the licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them; and
b) the suspension shall not exceed fourteen (14) days.
6.3 The Director shall provide notice of intention to revoke or suspend a licence and shall advise the licensee of his or her right to appeal along with the final date for giving notice of appeal.
7.0 Appeal
7.1 Any person who has been denied a licence, or the renewal of a licence, has had their licence suspended or revoked or has had terms or conditions imposed on a licence, may appeal the decision of the Director to a hearing officer as appointed under the screening and hearing officer bylaw.
7.2 Section 7.1 of this bylaw does not apply to licence suspensions under section 6.2 above.
7.3 The Director shall designate a secretary for licensing appeals.
7.4 The secretary of licensing appeals shall keep on file the records of all official business of the hearing officer hearing appeals under this section, including records of all applications and minutes of all decisions respecting those applications.
7.5 All appeals shall be submitted:
a) within twenty one (21) days of the decision of the Director to deny issuing or renewing a licence or suspending or revoking a licence or imposing terms or conditions on a licence;
b) in writing;
c) to the secretary of licensing appeals;
d) setting out, in detail, the grounds for the appeal; and,
e) along with the applicable fee, as outlined in the fees and charges bylaw.
7.6 Where an appeal is not submitted within the time set out in subsection 7.5 a), the decision of the Director shall be deemed to be confirmed and no appeal shall be allowed.
7.7 Upon receipt of an appeal in accordance with section 7.5, the secretary of licensing appeals shall endeavour to schedule a hearing within 45 working days of receipt of the request for an appeal hearing, or as soon thereafter as possible. Notice of the hearing shall be issued a minimum of 21 days prior to the hearing date.
7.8 The hearing officer shall hear all appeals.
7.9 On an appeal, the hearing officer has all the powers and functions of the Director who made the decision and the hearing officer may do any of the following things if, in the hearing officer’s opinion, doing so would maintain the general intent and purpose of the bylaw:
a) confirm, modify or rescind the decision of the Director to deny issuing or renewing a licence or suspending or revoking a licence or to impose terms or conditions on a licence.
7.10 Section 7.1 of this bylaw shall not apply to a soler temporary patio.
8.0 Notices
8.1 Any notice pursuant to this bylaw may be given in writing in any of the following ways and is effective:
a) on the date on which a copy is delivered to the person to whom it is addressed;
b) on the fifth day after a copy is sent by mail to the person’s last known address;
c) upon the conclusion of the transmission of a copy by facsimile to the person’s last known facsimile number; or
d) upon the sending of a copy by email transmission to the person’s last known email address.
8.2 For the purpose of section 8.1 above, the person’s last known address, last known facsimile number and last known email address shall be deemed to be those provided pursuant to section 3.1 a) of this bylaw.
9.0 Inspection
9.1 The City may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:
a) this bylaw;
b) an order of the City made under this bylaw;
c) a condition of a licence issued under this bylaw; or,
d) an order made under section 431 of the Municipal Act.
9.2 For the purposes of conducting an inspection pursuant to section 9.1 of this bylaw, the City may:
a) require the production for inspection of documents or things relevant to the inspection;
b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
c) require information from any person concerning a matter related to the inspection; and,
d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection.
9.3 No person exercising a power of entry on behalf of the City shall enter or remain in any room or place actually being used as a dwelling unless:
a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 438 of the Municipal Act, a warrant issued under section 439 of the Municipal Act or a warrant issued under section 386.3 of the Municipal Act;
b) an order issued under section 438 of the Municipal Act is obtained;
c) a warrant issued under section 439 of the Municipal Act is obtained;
d) a warrant issued under section 386.3 of the Municipal Act is obtained;
e) the delay necessary to obtain an order under section 438 of the Municipal Act, to obtain a warrant under section 439 of the Municipal Act or to obtain the consent of the occupier would result in immediate danger to the health or safety of any person; or,
f) the City has first given notice of its intention to enter the occupier of the land as required under subsection 435(2) of the Municipal Act and the entry is authorized under sections 79, 80 or 446 of the Municipal Act.
9.4 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this bylaw. For more certainty:
a) a refusal to consent to enter or remain in a room or place actually used as a dwelling does not constitute hindering or obstruction within the meaning of this section unless the City is acting under an authority set out in section 9.3 above.
10.0 Order to discontinue activity
10.1 Where the Director has reasonable grounds to believe that a contravention of this bylaw has occurred, the Director may make an order requiring the person who contravened this bylaw, or who has caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to discontinue the contravening activity.
10.2 An order under section 10.1 of this bylaw shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and,
b) the date by which there must be compliance with the order.
10.3 Any person who contravenes an order under section 10.1 of this bylaw is guilty of an offence.
11.0 Work order
11.1 Where the Director has reasonable grounds to believe that a contravention of this bylaw has occurred, the Director may make an order requiring the person who contravened this bylaw, or who caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to do work to correct the contravention.
11.2 An order under section 11.1 of this bylaw shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and,
b) the work to be done and the date by which the work must be done.
11.3 An order under section 11.1 of this bylaw may require work to be done even though the facts which constitute the contravention of this bylaw were present before this bylaw came into force.
11.4 Any person who contravenes an order under section 11.1 of this bylaw is guilty of an offence.
12.0 Remedial action
13.0 Enforcement
13.1 This bylaw may be enforced by MLEOs, police officers or the Medical Officer of Health.
13.2 Every person shall, upon request by a Municipal Law Enforcement Officer, a police officer, or the Medical Officer of Health for the purpose of commencing a proceeding pursuant to this bylaw, provide identification, including full name and address, to the officer.
14.0 Penalties
14.1 Every person who contravenes any of the provisions of this bylaw is guilty of an offence pursuant to section 429 of the Municipal Act and all contraventions of this bylaw are designated continuing offences.
14.2 Every person, excluding a corporation, who is convicted of an offence, is liable to a minimum fine of Three Hundred and Fifty Dollars ($350.00) and a maximum fine of Twenty Five Thousand Dollars ($25,000.00) for the first offence and a maximum fine of Fifty Thousand Dollars ($50,000.00) for a subsequent offence.
14.3 Every corporation who is convicted of an offence is liable to a maximum fine of Fifty Thousand Dollars ($50,000.00) for the first offence and a maximum fine of One Hundred Thousand Dollars ($100,000.00) for a subsequent offence.
14.4 In addition to the fine amounts set out in sections 14.2 and 14.3 above, for each day or part of a day that an offence continues, the minimum fine shall be Three Hundred and Fifty dollars ($350.00) and the maximum fine shall be Ten Thousand Dollars ($10,000.00). The total of all daily fines for the offence is not limited to One Hundred Thousand Dollars ($100,000.00).
14.5 Pursuant to section 447 of the Municipal Act, where an owner is convicted of knowingly carrying on or engaging in a trade, business or occupation on, in or in respect of any premises or any part of any premises without a licence required by this bylaw, the court may order that the premises or part of the premises be closed to any use for a period not exceeding two (2) years.
14.6 Where a person is convicted of a contravention of this bylaw, other than a conviction described in section 14.5 above, and the court determines that the owner or tenant of the premises or part of the premises in respect of which the conviction was made knew or ought to have known of the conduct which formed the subject matter of the conviction or of any pattern of similar conduct, the court may order that the premises be closed to any use for a period not exceeding two (2) years.
14.7 Sections 2.1(a), 2.1(c), 3.3(a), 3.3(c), 3.3(d), 3.3(f), 9.4, 10.3, and 11.4, of this bylaw, inclusive of all subsections thereunder, are hereby designated as parts of this bylaw to which the administrative penalty bylaw applies.
14.8 Any person who contravenes any designated provision of this bylaw shall, upon issuance of a penalty notice in accordance with the administrative penalty bylaw, be liable to pay an administrative penalty and any administrative fees.
15.0 Collection of unpaid fines
15.1 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this bylaw remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act including any extension of time for payment ordered under that section, the Director may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than twenty one (21) days after the date of the notice.
15.2 If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purpose of section 351 of the Municipal Act.
16.0 Schedules
16.1 The schedules which are attached to this bylaw shall form part of this bylaw.
17.0 Short title
17.1 This bylaw shall be known as the “comprehensive licensing bylaw”.
18.0 Severability
18.1 If a court of competent jurisdiction should declare any section or part of a section of this bylaw to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this bylaw and it is hereby declared that the remainder of this bylaw shall be valid and shall remain in full force and effect.
19.0 Repeal/transition
19.1 The following bylaws, as may have been amended, are repealed on the day this bylaw comes into force and effect:
a) bylaw No. 2014-085 comprehensive business licensing bylaw;
19.2 Reference to the repealed bylaw numbers in any documentation shall be deemed to be reference to this bylaw.
19.3 Notwithstanding section 19.1 above, the provisions of these bylaws, as amended, shall be deemed to continue in force and effect with respect to any and all order, appeals or prosecutions issued, filed or commenced under these bylaws, and any assessment, rate, charge, tax, fee, liability or penalty outstanding under these bylaw may be collected as if this bylaw had not been repealed.
19.4 A licence issued under any bylaw listed in sections 19.1 or 19.2 above, as amended, shall be deemed a licence under this bylaw and shall be subject to all provisions of this bylaw, but shall expire on the earlier of the following dates:
a) the date stated on the licence; or,
b) December 31, 2023
20.0 Coming into force
20.1 This bylaw shall come into force and effect on July 1, 2024.
Schedules 1 to 30
To view bylaw schedules 1 to 30, download the Business Licensing Bylaw schedules (PDF).