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unofficial consolidation, the official version is held by the municipal clerk.
Date of Consolidation: September 26, 2022
Consolidation of Bylaw No. 767-2011
CITY OF LEDUC
BUSINESS LICENSE BYLAW
Adopted September 26, 2011
As Amended By:
Bylaw No. 861-2014 adopted June 23, 2014
Bylaw No. 971-2017 adopted June 25, 2018
Bylaw No. 1135-2022 adopted September 26, 2022
This Consolidation is not an Official Bylaw. It is prepared by the City Clerk's Office for assistance only.
Copies of the Official Bylaw(s) may be purchased from the City Clerk's Office.
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 1
This Consolidated Bylaw was authorized pursuant to Bylaw No. 872-2014.
A BYLAW OF THE CITY OF LEDUC, IN THE PROVINCE OF ALBERTA, TO LICENSE AND
REGULATE BUSINESSES
WHEREAS pursuant to section 7(a) of the Municipal Government Act, a council may pass
bylaws for municipal purposes respecting the safety, health and welfare of people and the
protection of people and property; and
WHEREAS pursuant to section 7(e) of the Municipal Government Act, a council may pass
bylaws for municipal purposes respecting businesses, business activities and persons engaged
in business; and
WHEREAS pursuant to section 7(e) of the Municipal Government Act, a council may pass
bylaws for municipal purposes respecting the enforcement of bylaws made under the Municipal
Government Act or any other enactment including any or all of the matters listed therein; and
WHEREAS pursuant to section 8 of the Municipal Government Act, a council may in a bylaw:
(a) Regulate or prohibit;
(b) Deal with any development, activity, industry, business or thing in different ways, divide
each of them into classes and deal with each class in different ways; and
(c) Provide for a system of licences, permits or approvals, including any or all of the matters
listed therein;
NOW THEREFORE the Council of the City of Leduc, in the Province of Alberta, duly
assembled, enacts as follows:
PART I - GENERAL LICENSING PROVISIONS
Short Title
1 This Bylaw may be cited as the "Business Licence Bylaw".
Interpretation and Definitions
2
(1) In this Bylaw, unless the context otherwise requires:
(a) "applicant" means a person who applies for a licence or renewal of a licence;
(b) "business" means:
(i) a commercial, merchandising or industrial activity or undertaking,
(ii) a profession, trade, occupation, calling or employment; or
(iii) an activity providing goods or services;
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 2
Whether or not for profit and however organized or formed, including a co-
operative or association of persons.
(c) "carry on", "carrying on", "carried on" and "carries on" means to conduct, operate,
perform, keep, hold, occupy, deal in or use, for a fee or exchange of benefits,
whether as principal or agent;
(d) "catalytic converter" means an exhaust emission control device that converts
toxic gases and pollutants in exhaust gas from an internal combustion engine
into less-toxic pollutants by catalyzing a redox reaction; Added - Bylaw No. 1135-2022,
adopted September 26, 2022.
(e) "catalytic converter permit" means a Permit issued by the City entitling the holder
to carry catalytic converters for the purposes of lawful trade or transport; Added -
Bylaw No. 1135-2022, adopted September 26, 2022.
(f) "charitable organization" means any incorporated or unincorporated organization
that is formed for a charitable purpose;
(g) "charitable purpose" includes a philanthropic, benevolent, educational, health,
humane, religious, cultural, artistic or recreational purpose;
(h) "City" means The City of Leduc, a municipal corporation in the Province of
Alberta, and includes the area contained within the geographic boundaries of the
City of Leduc where the context requires;
(i) "City Manager" means the chief administrative officer of the City or his delegate;
(j) "Contractor" means the business of offering to any person to perform or arrange
to perform work involving an improvement;
(k) "Council" as defined in the Municipal Government Act, R.S.A. 2000, Chapter M-
26, as amended;
(l) "dwelling unit" means a dwelling unit as defined in the Land Use Bylaw;
(m) "Fees Bylaw" means the current City of Leduc Fees Bylaw; Deleted-Replaced - Bylaw
No. 971-2017, adopted June 25, 2018.
(n) "improvement" means anything built, placed, altered or repaired which is in,
upon, over or under land or water, including a building and any clearing,
dismantling, digging, drilling, excavating, grading, filling or tunneling;
(o) "Land Use Bylaw" means The City of Leduc Land Use Bylaw No. 809-2013;
Deleted-Replaced - Bylaw No. 971-2017, adopted June 25, 2018.
(p) "licence" means a licence issued under this Bylaw;
(q) "licence fee" means those fees payable for a licence as prescribed in the Fees
Bylaw; Deleted-Replaced - Bylaw No. 971-2017, adopted June 25, 2018.
(r) "Licensee" means a person holding a valid and subsisting licence;
(s) "mobile business unit" means a motor vehicle, temporary structure or display, or
stand from which a business is carried on and for which the Licensee is not listed
on the assessment roll;
(t) "Municipal Tag" means a ticket alleging an offence issued pursuant to the
authority of a Bylaw of the City;
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 3
(u) "Peace Officer" means a peace officer as defined in the Provincial Offences
Procedure Act;
(v) "person" means an individual human being or a corporation and includes a
partnership, an association or a group of persons acting in concert unless the
context explicitly or by necessary implication otherwise requires;
(w) "premises" means a store, office, dwelling unit, warehouse, factory, building,
enclosure or the place occupied or capable of being occupied, by any person for
the purpose of carrying on any business;
(v) "restricted product" means any of the following:
(i) a product that displays a marijuana plant
(ii) a device intended to facilitate smoking activity, including a pipe (metal /
glass blown, plastic, wood), water bong or vaporizer
(iii) a type of grinder (electric or manual)
(iv) a type of digital weigh scale
(v) a detoxifying product (including a drink, pill or other product) marketed for
masking drug effects or making such effects undetectable through tests;
Added - Bylaw 861-2014 - adopted June 23, 2014
(w) "subsequent offence" means any offence under this Bylaw committed by a
person after that person has already been convicted of an offence under this
Bylaw or has voluntarily paid a fine for such an offence;
(x) "Violation Ticket" means a violation ticket as defined in the Provincial Offences
Procedure Act;
Re-lettering w and x - Bylaw 861-2014 adopted June 23, 2014
(2) Nothing in this Bylaw relieves a Person from complying with any Federal or
Provincial law or regulation, other bylaw or any requirement of any lawful permit,
order or licence.
(3) Every provision of this Bylaw is independent of all other provisions and if any
provision of this Bylaw is declared invalid for any reason by a court of competent
jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable.
(4) All schedules attached to this Bylaw shall form part of this Bylaw.
(5) Any headings or subheadings in this Bylaw are included for guidance purposes and
convenience only, and shall not form part of this Bylaw.
(6) Specific references to laws in this Bylaw are meant to refer to the current laws
applicable within the Province of Alberta as at the time this Bylaw was enacted and
as they are amended from time to time, including successor legislation.
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 4
(7) All references in this Bylaw shall be read with such changes in number and gender
as may be appropriate according to whether the reference is to a male or female
person, or a corporation or partnership.
Licence Requirements
3
(1) No person shall carry on a business in the City unless the person holds a licence
authorizing the person to carry on that business.
(2)
(y) Notwithstanding subsection (1), a licence is not required for:
(i) a business carried on by the City;
(ii) a business carried on by the Government of the Province of Alberta or the
Government of Canada or a Crown Corporation created by either
Government;
(iii) a business expressly exempted from the requirement of a licence by a statute
of the Legislature of Alberta or Parliament of Canada or;
(iv) a business carried on by any person as part of the Leduc Farmer's Market;
(z) A person who contracts with any of the Governments or corporations designated
in subsection (2)(a) will be subject to all the requirements of this Bylaw.
(3) No person shall contravene a condition of a licence.
(4) A licence is required for each premises or mobile business unit where the business is
carried on.
(5)
(a) Deleted - Bylaw No. 971-2017, adopted June 25, 2018.
(b) No person may sell a restricted product to a minor.
(c) No person shall display a restricted product at a place of business such that the
restricted product is visible from outside the place of business.
(d) The restrictions of this section do not apply in the context of a licensed or
regulated pharmacy as contemplated by the Pharmacy and Drug Act, RSA 2000
ch.P-13, or a licensed business within which such licensed or regulated
pharmacy is operated.
Addition - Bylaw 861-2014 adopted June 23, 2014
(6)
(a)
No person shall carry a catalytic converter that is not attached to a vehicle
without providing to a Peace Officer on demand, legitimate proof of the
person's ownership of, or entitlement to carry, the catalytic converter.
Proof may take the form of a catalytic converter permit.
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 5
(b)
Except where a Peace Officer may otherwise require, a business or an
employee of that business having a valid business license for automotive
repair, sales of automotive parts or transportation of goods which may
include automotive parts, is exempt from having to obtain a catalytic
converter permit or provide other proof of entitlement to carry a catalytic
converter.
(c)
A Peace Officer may seize and hold a catalytic converter referenced in
Section 6(a) respecting which the required proof has not been provided,
pending the provision of such proof.
Added - Bylaw No. 1135-2022, adopted September 26, 2022.
Licence Application
4
(1) Before the issue or renewal of a licence a person must submit to the City Manager:
(a) an application in a form established by the City Manager;
(b) the applicable licence fee; and
(c) any additional information required by this Bylaw or by the City Manager.
(2) No person shall give false information in an application pursuant to the provisions of
this Bylaw.
Licence Fees
5
(1) Unless otherwise specified in this Bylaw, licence fees are not refundable.
(2) The City Manager may refund a licence fee if the licence is not issued or renewed.
(3) Where a licence has been issued in error without payment of the applicable licence
fee, the licence may be revoked by the City Manager.
(4) A person who does not reside or maintain a permanent business premises in the City
shall pay the non-resident licence fee set out in the Fees Bylaw. Deleted-Replaced -
Bylaw No. 971-2017, adopted June 25, 2018.
(5) A person who operates a business from land zoned for residential use pursuant to
the City of Leduc Land Use Bylaw.
(6) A Licensee may apply to amend a licence by paying the amendment fee set out in
the Fees Bylaw. Deleted-Replaced - Bylaw No. 971-2017, adopted June 25, 2018.
(7) A Licensee may obtain a replacement licence for a licence that has been lost or
destroyed by paying to the City the fee for a replacement licence set out in the Fees
Bylaw. Deleted-Replaced - Bylaw No. 971-2017, adopted June 25, 2018.
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 6
Fee Exemptions for Charitable Organizations
6
(1) Where any charitable organization wishes to be exempted from the requirements of
this Bylaw to pay a licence fee, it shall apply to the City Manager for an exemption
providing the name of the organization and such other information as the City
Manager requires to determine that the organization is a charitable organization.
(2) Where an exemption to pay the licence fee has previously been granted to the
charitable organization applying under the same or similar circumstances or a similar
relief or benefit was granted to the same or a similar charitable organization pursuant
to the provisions of this Bylaw, the City Manager may issue a licence without
requiring the payment of the licence fee from the charitable organization.
(3) A charitable organization which receives an exemption under this section must
otherwise comply with all provisions of this Bylaw.
Consultations and Approvals
7
(1) The City Manager may consult, prior to issuing or renewing a licence, with authorities
and agencies including but not limited to the Province of Alberta, the RCMP, and City
departments, to determine whether they are in possession of information which, in
the opinion of the City Manager, renders it inappropriate for a licence to be issued to
a person.
(2) Where a person intends to carry on business at a specific premises or location within
the City, the person shall, prior to the City Manager issuing a licence, ensure that all
necessary approvals required under the Land Use Bylaw have been obtained and
shall provide satisfactory proof thereof to the City Manager.
(3) Where a licence has been issued in error without all the necessary approvals
required pursuant to this Bylaw, the licence may be revoked by the City Manager.
(4) The City Manager may determine that it is inappropriate to issue a licence to a
person where the safety, health or welfare of the public may be at risk due to the
issuance of a licence.
Inspections
8
(1) Where a business requires a consultation or approval for licensing or is licensed,
then the premises and surrounding lot may be inspected by the City Manager or a
Peace Officer.
(2) A person who the City Manager or a Peace Officer reasonably believes is carrying
on a business requiring a licence, an applicant, or a Licensee shall:
(a) permit and assist in all inspections requested by the City Manager or a Peace
Officer;
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 7
(b) furnish to the City Manager or a Peace Officer all identification, information, or
documentation related to the inspection or licensing requirement; and
(c) not provide to a the City Manager or a Peace Officer false or misleading
information or information intended to mislead with regard to any matter or thing
arising in connection with the licensing of the business.
(3) No person shall attempt to prevent, obstruct or hinder the City Manager or a Peace
Officer from making an inspection authorized by this Bylaw.
(4) During an inspection authorized under this section, the City Manager or a Peace
Officer may examine any business record or document for the purpose of enforcing
this Bylaw, remove any relevant record or document from the premises for the
purpose of copying it, and will provide a receipt for any document or record so
removed.
(5) No person shall allow any false or misleading information to appear on any record
required to be kept or prepared pursuant to this Bylaw.
License Approval, Refusal, Suspension or Revocation
9
(1) The City Manager may refuse to issue or renew a licence, may suspend or revoke a
licence and may impose any conditions on a licence for the following reasons:
(a) The applicant or Licensee does not or no longer meets the requirements of this
Bylaw with respect to the licence applied for or held;
(b) The applicant or Licensee or any of its' officers or employees:
(i) furnishes false information or misrepresents any fact or circumstance to a
Peace Officer or the City Manager;
(ii) has, in the opinion of the City Manager based on reasonable grounds,
contravened this Bylaw whether or not the contravention has been
prosecuted;
(iii) fails to pay any fee or outstanding fine required by this Bylaw; or
(c) In the opinion of the City Manager, based on reasonable grounds, it is in the
public interest to do so.
(2) Where any certificate, authority, licence or other document of qualification under this
or any other Bylaw, or under any statue of Canada or the Province of Alberta is
suspended, cancelled, terminated or surrendered, the City Manager shall suspend
any licence issued under this Bylaw based in whole or in part on the certificate,
authority, licence or other document of qualification.
Notice to Applicant or Licensee
10 Before refusing to issue or renew a licence, and before a licence is suspended or
revoked or conditions are imposed, other than conditions imposed by this Bylaw, the
applicant or Licensee must be given:
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 8
(a) notice of the proposed refusal, suspension, revocation or the proposed conditions
with reasons; and
(b) an opportunity to make written representations to the City Manager.
Decision of City Manager
11 If a decision is made to refuse the issue or renewal of a licence, to suspend or revoke a
licence or to impose conditions on a licence, other than conditions imposed by this
Bylaw, notice of the decision may be served on the applicant or Licensee:
(a) in person on the applicant or Licensee or any of its officers or employees; or
(b) by registered mail to the address in the application or in the records of the City for
the Licensee.
Appeal to City Council
12
(1) A person:
(a) who has been refused the issue or renewal of a licence;
(b) whose licence has been suspended or revoked; or
(c) whose licence is made subject to conditions, other than conditions imposed by
this Bylaw;
may appeal the decision within fourteen (14) days by providing written notice to the
City Clerk and paying the notice of appeal fee set out in the Fees Bylaw. Deleted-
Replaced - Bylaw No. 971-2017, adopted June 25, 2018.
(2) Where a Licensee has given notice of an intention to appeal the revocation,
suspension or conditions of a licence, the City Manager may, in the City Manager's
sole discretion, stay the revocation, suspension or conditions pending the hearing of
the appeal if the continued operation of the business does not create a danger to the
safety, health or welfare of the public.
Licence Identification
13
(1) A licence must be issued on a form bearing the identification of the City and all
licences issued pursuant to this Bylaw are and shall remain the property of the City.
(2) A licence must bear on its face the date on which it is issued and the date on which
the licence will expire.
(3) A Licensee shall:
(a) post the licence in a prominent visible location in the premises; or
(b) if it is not practical to post the licence, produce the licence forthwith upon demand
by a Peace Officer.
(4) No person shall reproduce, alter, or deface a licence.
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 9
Notification of Changes
14 A Licensee shall forthwith notify the City Manager in writing of:
(a) a change in the address of the Licensee's business premises;
(b) a change in the partners of the business if the licence is issued to a partnership; or
(c) a change in the officers or directors of the corporation if the licence is issued to a
corporation.
Transfer of Licence
15 A licence does not confer any property right and no Licensee may sell, transfer, assign,
lease or otherwise dispose of or deal in a licence.
Term of Licence
16
(1) A licence issued pursuant to this Bylaw, unless previously suspended or revoked, or
as otherwise specified in this Bylaw, is valid from the date issued stated thereon and
shall expire at twelve o'clock midnight on December 31 in the year in which it was
issued.
(2) The City Manager may issue a licence for a limited term or for a specified date in any
case where the City Manager considers it appropriate to do so.
(3) A person may not appeal a decision to issue a licence for a limited term or for a
specified date.
PART II - REGULATIONS PERTAINING TO PARTICULAR BUSINESSES
Contractor
17
(1) A Contractor that applies to the City for a permit, including but not limited to a
Building Permit, a Development Permit, a Plumbing and Gas Permit, an Electrical
Permit or a Mechanical Permit, must have a licence.
(2) The City Manager or a Peace Officer may inspect the premises or the site at which a
Contractor is working.
(3) Notwithstanding Section 30, proof of one offer to perform or offer to arrange to
perform work on an improvement is sufficient to establish that the business of a
Contractor is being carried on.
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 10
PART III - ENFORCEMENT
Offence
18 A person who contravenes this Bylaw is guilty of an offence.
Continuing Offence
19 In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of each day, or part of a day, on which it continues and a
person guilty of such an offence is liable to a fine in an amount not less than that
established by this Bylaw for each such day.
Vicarious Liability
20 For the purposes of this Bylaw, an act or omission by an employee or agent of a person
is deemed also to be an act or omission of the person if the act or omission occurred in
the course of the employee's employment with the person, or in the course of the
agent's exercising the powers or performing the duties on behalf of the person under
their agency relationship.
Corporations and Partnerships
21
(1) When a corporation commits an offence under this Bylaw, every principal, director,
manager, employee or agent of the corporation who authorized the act or omission
that constitutes the offence or assented to or acquiesced or participated in the act or
omission that constitutes the offence is guilty of the offence whether or not the
corporation has been prosecuted for the offence.
(2) If a partner in a partnership is guilty of an offence under this Bylaw, each partner in
that partnership who authorized the act or omission that constitutes the offence or
assented to or acquiesced or participated in the act or omission that constitutes the
offence is guilty of the offence.
Fines and Penalties
22
(1) A person who is guilty of an offence is liable to a fine in an amount not less than that
established in this Section, and not exceeding $10,000.00, and to imprisonment for
not more than 6 months for non-payment of a fine.
(2) Without restricting the generality of subsection (1) the following fine amounts are
established for use on Municipal Tags and Violation Tickets if a voluntary payment
option is offered:
(a) $300.00 for any offence for which a fine is not otherwise established in this
Section;
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 11
(b) $500.00 for any offence under Sections 3(1), 3(4), 4(2), 8;
(c) $750.00 for any offence under Section 3(5);
(c.1) $1000 for failure to provide proof in accordance with Section 3(6)(a);
Added - Bylaw No. 1135-2022, adopted September 26, 2022.
(d) double these fine amounts for an subsequent offence.
Amended - Bylaw 861-2014 adopted June 23, 2014
Municipal Tag
23
(1) A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to
any person who the Peace Officer has reasonable and probable grounds to believe
has contravened any provision of this Bylaw.
(2) A Municipal Tag may be issued to such person:
(a)
either personally; or
(b)
by mailing a copy to such person at his last known post office address.
(3) The Municipal Tag shall be in a form approved by the City Manager and shall state:
(a)
the name of the person;
(b)
the offence;
(c)
the specified penalty established by this Bylaw for the offence;
(d)
that the penalty shall be paid within 30 days of the issuance of the Municipal
Tag; and
(e)
any other information as may be required by the City Manager.
Payment in Lieu of Prosecution
24 Where a Municipal Tag is issued pursuant to this Bylaw, the person to whom the
Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay to the City
the penalty specified within the time period indicated on the Municipal Tag.
Violation Ticket
25
(1) If a Municipal Tag has been issued and if the specified penalty has not been paid
within the prescribed time, then a Peace Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to the Provincial Offences Procedure
Act;
(2) Notwithstanding subsection (1), a Peace Officer is hereby authorized and
empowered to immediately issue a Violation Ticket pursuant to the Provincial
Offences Procedure Act to any person who the Peace Officer has reasonable and
probable grounds to believe has contravened any provision of this Bylaw;
(3) If a Violation Ticket is issued in respect of an offence, the Violation Ticket may;
Bylaw No. 767-2011
THE BUSINESS LICENCE BYLAW
PAGE 12
(a)
specify the fine amount established by this Bylaw for the offence; or
(b)
require a person to appear in court without the alternative of making a voluntary
payment.
Voluntary Payment
26 A person who commits an offence may:
(a) if a Violation Ticket is issued in respect of the offence; and
(b) if the Violation Ticket specifies the fine amount established by this Bylaw for the
offence;
make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before
the initial appearance date indicated on the Violation Ticket, the specified penalty set out
on the Violation Ticket.
Obstruction
27 A person shall not obstruct or hinder any person in the exercise or performance of the
person's powers pursuant to this Bylaw.
PART IV - GENERAL
Proof of Licence
28 The onus of proving that a person has a valid and subsisting licence for a business is on
the person alleging the licence on a balance of probabilities.
Proof of Exemption
29 The onus of proving that a person is exempt from the provisions of this Bylaw requiring a
licence is on the person alleging the exemption on a balance of probabilities.
Proof of Business
30 In a prosecution for a contravention of this Bylaw against carrying on a business without
a licence, proof of one transaction in the business or that the business had been
advertised is sufficient to establish that a person is carrying on the business.
City Manager
31 Without restricting any other power, duty or function granted by this Bylaw, the City
Manager may:
(a) carry on whatever inspections are reasonably required to determine compliance with
this Bylaw;
Bylaw No. 767-2011
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PAGE 13
(b) delegate any powers, duties or functions under this Bylaw to an employee of the
City; and
(c) establish forms for the purposes of this Bylaw.
Certified Copy of Record
32 A copy of a record of the City, certified by the City Manager as a true copy of the
original, shall be admitted in evidence as prima facie proof of the facts stated in the
record without proof of the appointment or signature of the person signing it.
Existing Licence
33 An existing licence issued under Bylaw No. 487-2000, the City of Leduc Business
Licence Bylaw, remains valid until the term of such licence expires.
Repeal
34 Bylaw No. 487-2000 is repealed.
Enactment
35 This Bylaw shall come into force and effect when it receives third reading and is duly
signed.
READ A FIRST TIME IN COUNCIL THIS 24TH DAY OF MAY, 2011.
READ A SECOND TIME AS AMENDED IN COUNCIL THIS 26TH DAY OF
SEPTEMBER, 2011.
READ A THIRD TIME AS AMENDED IN COUNCIL AND FINALLY PASSED THIS
26TH DAY OF SEPTEMBER, 2011.
"original signed"
________________________________
Greg Krischke
MAYOR
"original signed
________________________________
Laura Knoblock
CITY CLERK
September 26, 2011__
Date Signed