Community Safety Business Licensing By-law No. 91/2008
Winnipeg, Manitoba
· adopted 2008-04-23
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By-law No. 91/2008
1
CONSOLIDATION UPDATE: DECEMBER 18, 2025
THE CITY OF WINNIPEG
COMMUNITY SAFETY BUSINESS LICENSING BY-LAW
NO. 91/2008
amended 21/2022
A By-law of THE CITY OF WINNIPEG to
regulate by licensing the activities of certain
businesses.
THE CITY OF WINNIPEG, in Council assembled, enacts as follows:
Short title
1
This By-law may be cited as the "Community Safety Business Licensing By-law".
amended 21/2022
Definitions
2
In this By-law
"applicable fee" means a fee established by the Council of the City of Winnipeg, or
pursuant to a delegation by Council, for the license, service or other thing to which
reference is made;
added 42/2013; amended 94/2023
"business" includes a business that operates intermittently;
added 53/2021
"designated employee" means the Chief Administrative Officer of the City of Winnipeg
and any employee of the City who has been delegated the authority to issue or renew a
license under this By-law;
amended 94/2023
"enforcement officer" means the Chief Administrative Officer of the City of Winnipeg,
any member of the Winnipeg Police Service, and any other employee of the City who has
been delegated the authority to administer or enforce all or part of this By-law;
"license", unless the context requires otherwise, means a license issued under this By-law.
added 42/2013; amended94/2023
"license holder" means a person to whom a subsisting license has been issued;
amended 94/2023
This document is an office consolidation of by-law amendments which has been prepared for the
convenience of the user. The City of Winnipeg expressly disclaims any responsibility for errors
or omissions.
By-law No. 91/2008
2
"manager" means an individual who has day-to-day management responsibilities for a
business;
"person" means an individual, partnership or corporation;
"subsisting", in reference to a license, means a license that has not been suspended or
revoked and that has not expired.
amended 94/2023
PART 1 - GENERAL PROVISIONS
Application for license
amended 94/2023
3
An applicant for a license under this By-law must provide information reasonably required by
the designated employee in order to assess the application and to administer and enforce this
Division.
amended 94/2023
License must be displayed
amended 94/2023
4(1)
Subject to subsection (2), a person who requires a license under this By-law must display
the license on the premises from which the business is carried on so that the license is clearly
visible to the public.
amended 94/2023
4(2)
Where a person who requires a license under this By-law does not carry on business from
premises, he or she must produce the license if requested to do so by a member of the public or an
enforcement officer.
amended 94/2023
Issuing licenses
5(1)
A designated employee is authorized to issue and renew licenses under this By-law to
persons:
amended 94/2023
(a)
who pay the fee or fees for that license;
amended 42/2013; 94/2023
(b)
who meet the requirements and standards established by or under this By-
law for the license; and
amended 94/2023
(c)
whose business meets the requirements and standards established by other
by-laws of the City of Winnipeg and other relevant legislation.
By-law No. 91/2008
3
5(2)
A designated employee is authorized to impose conditions on a license that are designed to
promote compliance with this By-law, other by-laws of the City of Winnipeg and other relevant
legislation.
amended 94/2023
Duration of license
amended 94/2023
6
Where the expiration date of a license is set out on the license itself, the license expires on
the expiration date set out. Where the expiration date of a license is not set out on the license
itself, the license expires on the anniversary of the date it was issued.
amended 42/2013; 94/2023
Renewal of license
amended 94/2023
7(1)
The holder of a license is entitled to renew a license upon payment of the applicable fee so
long as:
amended 42/2013; 94/2023
(a)
the license is not currently suspended or revoked;
amended 94/2023
(b)
subject to subsection (2), the license has not expired; and
amended 94/2023
(c)
where this By-law imposes requirements prior to a renewal, the
requirements have been met.
7(2)
A license holder whose license has expired may nonetheless renew the license within one
year after its expiration if the license holder pays the applicable administrative fee in addition to the
applicable fee to renew the license.
amended 42/2013; 94/2023
7(3)
Where a fee is increased pursuant the Fees and Charges By-law or otherwise on the date
after a license is due to expire, the fee to renew the license is the increased fee.
amended 42/2013; 94/2023
License not transferable
amended 94/2023
8
A license issued under this By-law is issued to a particular person and may not be
transferred to another person.
amended 94/2023
By-law No. 91/2008
4
License issued for specific location
amended 94/2023
9(1)
Unless the license provides otherwise, a license issued under this By-law authorizes the
license holder to conduct a business only at the specific location or locations specified in the
license.
amended 94/2023
9(2)
In order to provide greater certainty, unless the license provides otherwise, a person who
carries on a business at more than one location, either concurrently or consecutively, must obtain a
license for each location.
amended 94/2023
License issued for specific business
amended 94/2023
10
Subject to section 67 (multiple businesses dealing in used goods or precious metals), a
license issued under this By-law authorizes a person to carry on only the specific business identified
in the license.
amended 94/2023
Suspension of licenses
amended 94/2023
11(1) A designated employee may suspend a license for a period of up to 30 days without prior
notice to the license holder if
amended 42/2015; 94/2023
(a)
allowing the license holder to continue to carry on the business for which
the license was issued would create a reasonable apprehension of significant
harm to:
amended 94/2023
(i)
the health or safety of people;
(ii)
private or public property; or
(iii)
the environment;
(b)
the license holder provided false information when applying for the license;
amended 94/2023
(c)
the information on which the decision to issue the license was based was
incorrect and the license would not have been issued had the correct
information been known;
amended 94/2023
(d)
the license holder or the business no longer meets the requirements and
standards required for the license to be issued;
By-law No. 91/2008
5
amended 94/2023
(e)
the past conduct of the license holder creates a reasonable apprehension
that the business will not be carried on in the future in compliance with this
By-law, another by-law or other relevant legislation.
amended 94/2023
11(2) After suspending a license under subsection (1), the designated employee must immediately
provide notice to the license holder of the suspension and the date that the suspension will expire
unless the license is revoked under section 12.
amended 94/2023
11(3) Notwithstanding subsection (1), where a hearing is scheduled under section 12 prior to the
expiration of the suspension, at the request of the license holder, the designated employee may
extend the suspension for up to an additional 60 days.
amended 94/2023
Revocation of licenses
amended 94/2023
12(1) The designated employee must immediately revoke a license if the Record Review Board
has revoked a certificate or, in the situation described in subsection 16(2), refused to issue a
certificate for any individual for whom a certificate from the Record Review Board is required as a
condition of the license being issued.
amended 94/2023
12(2) The designated employee may revoke a license if:
amended 94/2023
(a)
the carrying on of the business for which the license has been issued has
resulted in harm or a significant risk of harm to:
amended 94/2023
(i)
the health or safety of people;
(ii)
private or public property; or
(iii)
the environment;
(b)
allowing the license holder to continue to carry on the business for which
the license was issued would create a reasonable apprehension of significant
harm to:
amended 94/2023
(i)
the health or safety of people;
(ii)
private or public property; or
By-law No. 91/2008
6
(iii)
the environment;
(c)
the license holder provided false information when applying for the license;
amended 94/2023
(d)
the information on which the decision to issue the license was based was
incorrect and the license would not have been issued had the correct
information been known;
amended 94/2023
(e)
the license holder or the business no longer meets the requirements and
standards required for the license to be issued;
amended 94/2023
(f)
the past conduct of the license holder creates a reasonable apprehension
that the business will not be carried on in the future in compliance with this
By-law, another by-law or other relevant legislation.
amended 94/2023
12(3) Except for a revocation required by subsection (1), before revoking a license, the designated
employee must:
amended 94/2023
(a)
notify the license holder that consideration is being given to revoking the
license;
amended 94/2023
(b)
provide the reasons why consideration is being given to revoking the
license; and
amended 94/2023
(c)
give the license holder a reasonable opportunity to be heard.
amended 94/2023
12(4) Once a license is revoked, the person who previously held the license is not permitted to
apply for a new license for a period of time determined by the designated employee at the time the
license is revoked.
amended 94/2023
License fees
amended 94/2023
13(1) A license or renewal of a license must not be issued by a designated employee until the
applicable fee or fees for the license or renewal has been paid by the license holder.
amended 42/2013; 94/2023
13(2) Where a business is required to be licensed under more than one of the categories set out
in Schedule "A", the applicant or license holder must pay the applicable fee or fees for all of the
By-law No. 91/2008
7
categories applicable to the business before the license may be issued or renewed.
amended 42/2013; 94/2023
13(3) An applicant must pay the entire annual license fee applicable to the business even if the
business will not be in operation throughout the entire year.
amended 42/2013; 94/2023
13(4) License fees are not refundable and may not be waived or reduced.
amended 127/2008; 42/2015
13(4.1)
repealed 42/2015
13(5) Where a fee is paid by cheque which cannot be cashed due to inadequate funds in the
account, the license issued or renewed for which the cheque was issued is void and any applicable
fee is payable by the person writing the cheque.
amended 42/2013; 94/2023
13(6)
repealed 42/2013
13(7)
repealed 42/2013
Collection of license fees
amended 94/2023
13.1
Without affecting any other remedy which the City may have to collect fees, if any business
for which a license is required by this By-law is carried on without a license having been issued or
with the license for that business having expired, the designated employee is authorized to enforce
payment of the applicable license fee or fees by seizure and sale of the goods found on the
premises in which the business is carried on or of the goods of the person who is carrying on the
business wherever those goods may be found.
added 42/2013; amended 94/2023
PART 2 - RECORD REVIEW
Record Review Board constituted
14(1) The Chief of the Winnipeg Police Service or delegate shall appoint at least three members of
the Winnipeg Police Service to serve as members of a Record Review Board.
14(2) Subject to subsection (3), the Record Review Board shall sit in panels made up of at least
three members to consider applications made pursuant to this By-law.
14(3) The Chief of the Winnipeg Police Service or delegate may determine an appropriate process
for accepting and dealing with applications to the Record Review Board for a certificate and,
without restricting the generality of the foregoing, may authorize a single member of the Record
Review Board to issue a certificate in specified circumstances on behalf of the Record Review
Board.
By-law No. 91/2008
8
Applications for certificate from Record Review Board
15(1) Where this By-law requires that one or more certificates from the Record Review Board
must be provided as a condition of obtaining a license, the applicant must apply to the Record
Review Board for the required certificates.
amended 94/2023
15(2) When applying for a certificate, an applicant must provide the Record Review Board with
accurate identification and the releases and authorizations sufficient to allow the Record Review
Board to review, throughout the duration of the license, the criminal and other records of every
individual for whom a certificate is required as a condition of obtaining a license.
amended 94/2023
Individuals requiring record reviews
16(1) Subject to section 68 (record review board certification required for employees of used
goods dealers), where this By-law provides that a license must not be issued unless a certificate
from the Record Review Board has been issued, the certificate must be provided in respect of each
of the following individuals:
amended 94/2023
(a)
where the owner of the business is a sole proprietor, the owner;
(b)
where the owner of the business is a partnership or a corporation, the
manager of the business at each location from which business is carried on.
16(2) It is a condition of a license issued under this By-law that, where an individual holding any
position for which a Record Review certificate is required is replaced by another individual, the
license holder must, within 30 days of the replacement, apply to the Record Review Board for a
certificate in respect of the new individual holding that position.
amended 94/2023
16(3) It is a condition of a license issued under this By-law that a license holder under this Part
must immediately notify the Record Review Board when any individual for whom a Record Review
certificate is required is convicted of a criminal offence.
amended 94/2023
Criteria for certificate
17(1) The Record Review Board must issue a certificate except where, after making or causing to
be made any investigations or inquiries reasonably required to make this determination, including
the review of criminal and other records, it concludes that allowing the individual for whom a
certificate is sought to hold a license or to manage a licensed business would create a reasonable
apprehension of harm to the health, safety and welfare of persons or property or the reasonable
apprehension that it would facilitate the commission of a criminal offence.
amended 94/2023
17(2) In making its determination under subsection (1), the Record Review Board shall consider
the individual's record of convictions, if any, for criminal and other offences.
By-law No. 91/2008
9
Revocation of certificate
18(1) Subject to subsection (2), the Record Review Board may revoke a certificate where it is
aware of information that causes it to conclude that allowing the individual for whom a certificate
has been issued to continue to hold a license or to manage a licensed business creates a
reasonable apprehension of harm to the health, safety and welfare of persons or property or the
reasonable apprehension that it will facilitate the commission of a criminal offence.
amended 94/2023
18(2) Before revoking a certificate under subsection (1), the Record Review Board must:
(a)
notify the license holder and the person concerning whom the certificate has
been issued that consideration is being given to revoking the certificate;
amended 94/2023
(b)
provide the reasons why consideration is being given to revoking the
certificate; and
(c)
give the license holder and the person concerning whom the certificate has
been issued a reasonable opportunity to be heard.
PART 3 - REQUIREMENTS AND RULES FOR SPECIFIC BUSINESSES
Division One - Body Modification Services
repealed 42/2015 (entire division)
Division Two - Escort Agencies
repealed 21/2022 (entire division)
Division Three - Food Services
repealed 42/2015 (entire division)
Division Four - Hostels
Repealed 53/2021 (entire division)
Division Five - Large Public Venues
44
repealed 42/2013
45
repealed 42/2013
46
repealed 42/2013
By-law No. 91/2008
10
47
repealed 42/2013
48
repealed 42/2013
Division Six - Body Rub Practitioners and Body Rub Parlours
amended 33/2014, repealed 21/2022
Division Seven - Accommodations Licenses
amended 53/2021; 94/2023
59
In this Division
bed and breakfast - repealed 53/2021
"converted residential dwelling" means a Division II building as defined in the
Residential Fire Safety By-law No. 4304/86 but does not include:
(a)
a building that would otherwise meet the definition of a Division II building
but which complies with all applicable requirements for a Group C occupancy
under the Manitoba Building Code;
(b)
a facility licensed or otherwise regulated in its provision of accommodations
by the Government of Manitoba or the Government of Canada;
(c)
a hospital, a sanatorium or a facility designated by regulations under The
Mental Health Act;
(d)
a personal care home licensed under The Health Services Insurance Act; or
amended 53/2021
(e)
a residential care facility licensed under The Social Services Administration
Act;
(f)
a bed and breakfast establishment.
amended 53/2021
"dwelling" has the same meaning as in the Neighbourhood Liveability By-law No. 1/2008;
"dwelling unit" has the same meaning as in the Neighbourhood Liveability By-law No.
1/2008;
"shared facilities dwelling" means a dwelling
amended 53/2021
By-law No. 91/2008
11
(a)
which is designed for sanitary facilities or cooking facilities to be shared by
occupants of three or more dwelling units, whether or not the dwelling units are
occupied; or
(b)
in which sanitary facilities or cooking facilities are shared by two or more residents
of a dwelling unit that is not operated under a single tenancy;
but does not include the following:
(c)
a facility licensed or otherwise regulated in its provision of accommodations by the
Government of Manitoba or the Government of Canada;
(d)
a hospital, a sanatorium or a facility designated by regulations under The Mental
Health Act;
(e)
a personal care home licensed under The Health Services Insurance Act;
(f)
a residential care facility licensed under The Social Services Administration Act.
License required
amended 94/2023
60(1) Subject to this section, a person must not carry on the business of operating a shared
facilities dwelling without holding a subsisting Shared Facilities Dwelling License issued under this
By-law.
amended 53/2021; 94/2023
60(2) Subject to this section, a person must not carry on the business of operating a converted
residential dwelling without holding a Converted Residential Dwelling License issued under this By-
law.
amended 53/2021; 94/2023
60(3) Notwithstanding subsection (1) and (2), a person must not carry on the business of
operating a shared facilities dwelling within a converted residential dwelling without a Converted
Residential Dwelling with Shared Facilities License issued under this By-law.
amended 94/2023
60(4) Despite subsection (1) and despite the repeal of Division Four, a person who held a
subsisting hostel license at the time of the repeal of Division Four is entitled to carry on the
business of operating a hostel under the authority of that license until the hostel license expires and
is not required to obtain a license under this Division until that time
added 53/2021; amended 94/2023
Approvals required before license issued
amended 94/2023
61(1) This section does not apply to the renewal of a license.
amended 42/2013; 94/2023
By-law No. 91/2008
12
61(2) A Shared Facilities Dwelling License, a Converted Residential Dwelling with Shared Facilities
License or a Converted Residential Dwelling License must not be issued until the designated
employee receives:
amended 94/2023
(a)
verification from a City employee authorized to administer and enforce the
Winnipeg Zoning By-law or the Downtown Winnipeg Zoning By-law that
operation of the business on the premises for which the license is sought is
permitted under one of those two zoning by-laws;
amended 94/2023
(b)
repealed 127/2008
(c)
where required by the Winnipeg Building By-law, a copy of an occupancy
permit authorizing the business to occupy the premises for which the license
is sought.
amended 94/2023
(d)
in the case of a Converted Residential Dwellings with Shared Facilities License,
verification from an individual authorized to administer or enforce the
Neighbourhood
Liveability By-law that the premises at which the converted residential
dwelling with
shared facilities is proposed to be operated meets the requirements of that
By-law;
added 42/2013; amended 94/2023
61(3) A Converted Residential Dwelling License or a Converted Residential Dwelling with Shared
Facilities License must not be issued until the designated employee receives verification from a City
employee authorized to administer and enforce the Residential Fire Safety By-law No. 4304/86 that
the premises at which the business is proposed to be operated or carried on meets the
requirements of that By-law.
amended 94/2023
Floor plans must be submitted
61.1
A person who requires an initial license or a license renewal under this Division must submit,
in a form satisfactory to the designated employee, a current floor plan of the premises for which
the license is issued.
added 53/2021; amended 94/2023
Information must be posted on exterior of premises
61.2
A person who holds a license under this Division must comply with subsection 4(1) by
posting the license and other information prescribed by the designated employee on the exterior of,
and at the main entrance to, the premises for which the license is issued.
added 53/2021; amended 94/2023
By-law No. 91/2008
13
When license no longer required
amended 94/2023
61.3
A person who has been required to obtain a license for premises under this Division is
required to continue maintain a license for those premises until and unless the person
added 53/2021; amended 94/2023
(a)
Provides evidence to the designated employee through a completion notification or
occupancy permit issued by the City that the property no longer meets the definition
of a converted residential dwelling;
(b)
Demonstrates to the satisfaction of the designated employee that the property is
owner-occupied and that no part of the building is available for rent; or
(c)
Demonstrates to the satisfaction of the designated employee that the property is
vacant as defined under the Vacant Building By-law No. 79/2010 and is therefore
subject to administration and enforcement under that by-law.
Division 7.1 - Short Term Rental Accommodations
added 94/2023
Definitions
61.4 In this Division
"accommodation tax" has the meaning ascribed thereto in The Accommodation Tax By-
law 70/2008;
"bedroom" means a room that has been identified as such for the purposes of the
property inspection required by subsection 61.12(3) as a condition of an initial STRA
license;
"booking" means a commitment between an STRA operator and an individual that an
STRA will be available for the individual's use, whether or not the STRA is actually used, for
a specified period of time in exchange for payment of money or other value; a reservation.
"dwelling" means a building in which one or more dwelling units are located;
"dwelling unit" means one or more connected rooms in a dwelling used or intended to be
used for human habitation by one or more people, containing cooking, eating, living,
sleeping and sanitary facilities;
"individual" means a human being, at least 18 years of age;
"operator" means an individual, partnership or corporation who carries on the business of
operating a short term rental accommodation or a short term rental accommodation
platform, as the case may be;
By-law No. 91/2008
14
"non-primary residence" means a dwelling unit that is not the operator's primary
residence;
"non-primary residence STRA license" means a license issued under section. 61.8;
"primary residence" means a dwelling unit that is owned or rented by an individual,
either alone or jointly with other individuals, pursuant to a lease or rental agreement and
where the individual lives for the majority of the year;
"primary residence STRA license" means a license issued under section 61.7;
"renter" means a person that has rented an STRA for a period of less than 30 consecutive
days in return for payment of money or other value;
"short term rental accommodation" or "STRA" means a dwelling unit which is rented
in whole or in part for a period of less than 30 consecutive days in exchange for payment of
money or other value;
"STRA license" means a Short Term Rental Accommodation License issued under this By-
law;
"short term rental accommodation platform" or "STRA platform" means a person
(or group of persons) or corporation that, for compensation, markets or brokers the
booking, reservation, rental or listing of all or part of a dwelling unit as a short term rental
accommodation, and collects fees in whole or in part on behalf of an STRA operator by
means of a website or any digital application.
"STRA platform license" means a Short Term Rental Accommodation Platform License
issued under section 61.20;
Licensing of operator and platform mandatory
61.5(1) An STRA operator must not carry on the business of operating a short-term rental
accommodation without holding a subsisting STRA License issued under this Bylaw.
61.5(2) An STRA platform operator must not carry on the business of operating a STRA platform
without holding a subsisting STRA platform license issued under this Bylaw.
61.5(3) An operator must obtain a separate license for each STRA or STRA platform.
Licenses issued annually
61.6(1) Licenses issued under this Division expire on the anniversary of the date they were issued.
Conditions on primary residence STRA licenses
61.7(1) An individual may obtain one STRA license for their primary residence onthe following
By-law No. 91/2008
15
conditions:
(a)
the premises in which their primary residence is located has been legally
established; and
(b)
adequate documentation confirming one of the following must be provided:
(i)
the applicant is the owner of the proposed STRA; or,
(ii)
if the proposed STRA is a condominium, a letter of approval from the
condominium board giving the applicant permission to operate a STRA must
be provided; or,
(iii)
if the applicant is the tenant of a rented unit, a letter from the owner or
their designate authorizing its use as an STRA must be provided.
61.7(2) It is the responsibility of the applicant who is seeking to obtain a primary residence STRA
license to provide evidence sufficient for the designated employee to reasonably conclude that the
premises for which a primary residence STRA license is sought or is sought to be renewed is in fact
the applicant's primary residence and that they have permission to use it as an STRA.
61.7(3) For further clarity, a partnership or corporation cannot own a primary residence and an
individual cannot have more than one primary residence.
Conditions on non-primary residence STRA licenses
61.8(1) In order to qualify to obtain a non-primary residence STRA license under this Division, an
applicant must provide evidence sufficient for the designated employee to reasonably conclude that
the owner of the proposed STRA is one of the following:
amended 45/2025
(a)
An individual whose primary residence is within the boundaries of the city of
Winnipeg;
(b)
A partnership whose members all have primary residences within the boundaries of
the city of Winnipeg; or
(c)
A corporation whose shareholders all have primary residences within the boundaries
of the city of Winnipeg
61.8(2) In order to qualify to obtain a non-primary residence STRA license under this Division,
(a)
a STRA must be a permitted use under the relevant zoning by-law on the property
on which it is located;
(b)
the premises in which the dwelling unit is located has been legally established;
(c)
the dwelling unit must have been owned by the current owner on February 23,
2023; and
By-law No. 91/2008
16
amended 45/2025
(d)
adequate documentation confirming one of the following must be provided:
(i)
the applicant is the owner of the proposed STRA; or,
(ii)
if the proposed STRA is a condominium, a letter of approval from the
condominium board giving the applicant permission to operate a STRA must
be provided; or,
(ii)
if the applicant is the tenant of a rented unit, a letter from the owner or
their designate authorizing its use as an STRA must be provided.
61.8(3) An applicant may obtain a license under this Division for each of up to three non-primary
residences.
61.8(4) A non-primary residence STRA license under this Division permanently expires and cannot
be renewed or revived if any of the following occur:
(a)
the STRA license is revoked due to contravention of this Division;
(b)
the premises for which the license has been issued is the subject of a rental
agreement for a period of 30 days or more;
(c)
the ownership of the property changes;
(d)
there is any change in the membership of the partnership, or in the ownership of
the corporation, that owns the property.
STRA license application requirements and fees
61.9(1) In order to obtain an STRA license or any renewals thereof, the applicant must
(a)
apply by submitting a completed application form acceptable to the designated
employee, including any letters that may be required pursuant to clauses 61.7(1)(b)
or 61.8(2)(d), as the case may be;
(b)
disclose on the application form the details of any past noise complaints that have
been made to the Winnipeg Police Service pertaining to the proposed STRA during
the time that it has been owned or rented by the applicant;
(c)
provide, in a form acceptable to the designated employee, all information
reasonably required in order to consider the application;
(d)
provide a floor plan outlining the number of bedrooms and fire exits within the
proposed STRA;
(e)
submit to any inspections of the proposed STRA as required under this Division;
(f)
pay the license fee and any other applicable fees; and
By-law No. 91/2008
17
(g)
pay any outstanding penalties for contravention of this By-law or the
Accommodation Tax By-law.
61.9(2) The applicant must inform the City within 10 days of any change to the information that
was provided during the application process outlined in subsection (1).
61.9(3) An STRA license or any renewals thereof must not be granted to any applicant that has
outstanding penalties owing to The City of Winnipeg for contravention of this by-law or the
Accommodation Tax By-law.
61.9(4) Further to subsection 5(2) (Issuing licenses), a designated employee is authorized to
impose conditions on a STRA license where the premises for which a STRA license is sought or is
sought to be renewed has a history of noise nuisance complaints or complaints of other behavior
that would create an undue nuisance to other residents in the area.
Non-primary residence application requirements
61.10(1) In addition to the requirements outlined at section 61.9, in order to obtain a non-primary
residence STRA license or any renewals thereof, the applicant must provide
(a)
the name and contact information of an individual who is authorized by the owner
to address any legal issues or complaints; and
(b)
a safety plan that entails floor plans that identify the location of smoke detectors,
carbon monoxide detectors, fire extinguishers, and emergency exits at the time of
application.
Record Review Board certificate required
61.11(1) An initial STRA license under this Division must not be issued unless the designated
employee receives a certificate from the Record Review Board in respect of each of the individuals
referred to in section 16.
61.11(2) Subsections 16(2) (obligation to notify of changes) and 16(3) (obligation to notify of
criminal charges) apply in respect of any individual for whom a certificate is required under
subsection (1).
Zoning and property approval required before license issued
61.12(1) An initial STRA license shall not be issued until the designated employee receives
verification from a City employee authorized to administer and enforce the Winnipeg Zoning By-law
or the Downtown Winnipeg Zoning By-law that operation of the STRA as a primary residence STRA
or a non-primary residence STRA, as the case may be, is permitted under the zoning by-law that
applies to those premises.
By-law No. 91/2008
18
61.12(2) An initial STRA license and any license renewal shall not be issued until the designated
employee receives verification from a City employee authorized to administer and enforce the
Neighbourhood Liveability By-law that the premises for which a license is sought meets the
standards set out in Part 1 Division 1 and in Part 2 of that By-law.
61.12(3) As part of the verification referred to in subsection (2), the City employee must identify
the number and the location of the bedrooms in the dwelling unit which meet the standards for
bedrooms in the Neighbourhood Liveability By-law.
61.12(4) An initial STRA license and any license renewal shall not be issued until the designated
employee receives verification from a City employee authorized to administer and enforce the
Community Safety Business Licensing By-law that the premises for which a license is sought meets
the conditions set out herein.
Limitations on primary residence STRAs
61.13(1) There are no limits on the total number of nights a primary residence STRA may be rented
during a one-year period, so long as the operator is in residence during those nights.
61.13(2) The operator must not rent a primary residence STRA for more than 150 nights in total
during a one-year period, without the operator being in residence.
61.13(3) Notwithstanding subsections (1) and (2), a primary residence STRA may only be rented
for a period of less than 30 consecutive nights per booking.
61.13(4) For greater certainty, the operator is not in residence unless the operator spends the night
in the dwelling unit.
Limitations on non-primary residence STRAs
61.14(1) There are no limits on the total number of nights a non-primary residence STRA may be
rented during a one-year period.
61.14(2) Notwithstanding subsection (1), a non-primary residence STRA may only be rented for a
period of less than 30 consecutive nights per booking.
Rules for all STRAs
61.15(1) The operator of an STRA must ensure that
(a)
the total number of adults staying overnight in an STRA while it is rented does not
exceed 2 per bedroom. There is no limit on the number of children under 18 years
of age;
(b)
the license number is posted near the door on the exterior of the STRA together
with a telephone number that is monitored by the operator or an agent of the
operator 24 hours per day. This signage is not required to be posted when the
By-law No. 91/2008
19
operator is in residence;
(c)
the STRA is not rented for a continuous period of 30 days or more;
(d)
the STRA is not rented, used or offered for rental or use in a manner that
contravenes Manitoba statutes and regulations governing residential tenancies;
(e)
the operator and the STRA comply with all City of Winnipeg by-laws;
(f)
the STRA or a bedroom within the STRA is not rented to more than one renter for
the same period of time;
(g)
renters do not cause a noise nuisance in violation of section 67 of the
Neighbourhood Liveability By-law or otherwise engage in behavior which would
create an undue nuisance to other residents in the area;
(h)
the STRA complies with building standards stated in the Neighbourhood Liveability
By-law applicable to all residential buildings;
(i)
the STRA complies with the Building Code;
(j)
the operator must maintain at minimum the last 3 years of the following records on
an ongoing basis and provide them to the City upon request:
(i)
number of nights the STRA was rented;
(ii)
rental type - individual rooms or the entire dwelling;
(iii)
names of customers who provided payments for each booking;
(iv)
the nightly price and total price charged for the STRA;
(k)
the operator provides any other information or documents reasonably requested by
the designated employee;
(l)
renters are provided with an emergency exit plan which must also be posted inside
the STRA;
(m)
renters are provided with reading materials concerning human trafficking and sex
trafficking that are made available by the City, and that the operator must produce
and place the materials in a prominent place within the STRA;
(n)
any City of Winnipeg enforcement official is allowed access to an STRA to conduct
an inspection upon reasonable notice at any reasonable time;
(o)
the operator complies with any compliance orders issued by the City of Winnipeg
under this by-law;
By-law No. 91/2008
20
(p)
the operator ceases all STRA operations immediately upon the expiry, suspension or
revocation of the STRA's license.
STRA fire protection requirements
61.16(1) The operator of an STRA must ensure that the STRA complies with fire protection
requirements applicable to rented residential buildings, as set out in the Fire Prevention By-law,
including but not limited to that smoke alarms must follow the requirements set out in that By-law.
61.16(2) The operator of an STRA must ensure that carbon monoxide detectors and fire
extinguishers are installed within the STRA, and fire extinguishers must be located in the main area
of the STRA, in compliance with applicable laws.
61.16(3) Further to clause (1), the operator of an STRA must demonstrate compliance with the Fire
Prevention By-law during inspections, including but not limited to that smoke alarms, fire
extinguishers, and carbon monoxide detectors are operative.
Remittance of accommodation tax by STRA operator
61.17 The operator of an STRA must
(a)
collect the accommodation tax from the STRA platform, which is paid by the renter
to the STRA platform each time that an STRA is rented, and
(b)
remit the accommodation tax funds to the City in accordance with The
Accommodation Tax By-law.
Rental through licensed STRA platform mandatory
61.18 The operator of an STRA must ensure that the STRA is only rented through a STRA platform
licensed under this By-law. For greater clarity, the operator is prohibited from renting an STRA
other than by means of a licensed STRA platform collecting the rental payment from the renter and
remitting it to the STRA operator.
STRA license number must be posted
61.19 The operator of an STRA must include the City of Winnipeg license number for that STRA on
the listings within the STRA platform or on any online or physical advertisements publicizing the
STRA. STRA platform license application requirements and fees 61.20(1) In order to obtain an
STRA platform license or any renewals thereof, the applicant must
(a)
apply by submitting a completed application form acceptable to the designated
employee;
(b)
provide a list of STRA properties within Winnipeg that are listed on the applicant's
platform at the time of application;
By-law No. 91/2008
21
(c)
provide details of the applicant's procedures on how to address complaints
associated with the STRAs listed on their platform;
(d)
provide the address for service that is provided on their STRA platform;
(e)
provide, in a form acceptable to the designated employee, all information
reasonably required in order to consider the application;
(f)
pay the license fee and any other applicable fees; and
(g)
pay any outstanding penalties for contravention of this By-law.
61.20(2) The applicant must inform the City within 10 days of any change to the information that
was provided during the application process outlined in subsection (1).
61.20(3) An STRA platform license or any renewals thereof must not be granted to any applicant
that has outstanding penalties owing to The City of Winnipeg for contravention of this by-law.
Rules for all STRA platforms
61.21(1) The operator of an STRA platform must ensure that
(a)
the operator must maintain at minimum the last 3 years of the following records on
an ongoing basis and provide them to the City upon request:
(i)
the listing identification number and corresponding license number of each
STRA property within Winnipeg that is listed on the platform;
(ii)
number of nights each property is rented as an STRA;
(iii)
rental type - individual rooms or the entire dwelling, or primary residence;
(iv)
price paid for each booking;
(b)
the operator provides any other information or documents reasonably requested by
the designated employee;
(c)
the operator provides listings of properties within the city of Winnipeg on their
platform when requested by the City, after the initial application;
(d)
listings in Winnipeg are not posted on the platform or advertised unless the listing
has a valid STRA license;
(e)
the operator complies with any compliance orders issued by the City of Winnipeg
under this by-law;
By-law No. 91/2008
22
(f)
the operator ceases all STRA platform operations in Winnipeg immediately upon the
expiry, suspension or revocation of the platform's license.
Remittance of fees by platform operator
61.22(1) The operator of an STRA platform must
(a)
collect the rental fee, accommodation tax and any other fees owing to an STRA
operator as a result of an STRA booking made by a renter on the platform, and
(b)
remit the funds outlined in (a) to the STRA operator.
61.22(2) Notwithstanding clause (1), the platform operator is entitled to deduct and retain a service
fee from the funds to be remitted to the STRA operator, as set out in
(a)
a service agreement entered into between the STRA operator and the platform
operator, or
(b)
the terms of service cited on the platform's website.
Division Eight - Public and Semi-Public Swimming Pools and Whirlpools
repealed 42/2015 (entire division)
Division Nine - Business Dealing in Used Goods and Precious Metals
65
In this Division
"acquisition", when referring to the acquisition of goods for which a record of transaction
is required to be made and maintained by this Division, means acquisition by purchase,
barter, collateral lending, pawn transaction, consignment, pledge, or any other manner.
"antique" means a decorative object, piece of furniture or other item produced in an
earlier period that is valuable because of its age, beauty or rarity but does not include
jewellery.
"antique dealer" means a person who, for the preponderant purpose of earning a profit,
carries on the business of dealing in antiques but does not include a person who acquires
antiques exclusively by way of commercial transaction.
amended 127/2008; 53/2021
"auction" means the sale of real or personal property or goods by means of exchanges
between an auctioneer and members of an audience consisting of a series of invitations for
offers made by the auctioneer, offers by members of the audience, and the acceptance by
the auctioneer of the highest or most favourable offer.
By-law No. 91/2008
23
"auctioneer" means any person who, for the preponderant purpose of earning a profit,
carries on the business of public or private auctions in which real or personal property or
goods belonging to persons other than the auctioneer are sold or offered for sale.
amended 127/2008; 42/2013
"bicycle dealer" means a person who, for the preponderant purpose of earning a profit,
carries on the business of dealing in used bicycles or used bicycle parts, but does not
include a person who acquires used bicycles exclusively by way of commercial transaction.
amended 127/2008; 49/2020
"coins" means coins that either
(a)
do not have value as currency; or
(b)
have a market value greater than their face value as currency.
added 127/2008
"collateral lending transaction" means
(a)
the deposit of goods in return for the loan of money upon interest on the
security of the goods deposited; or
(b)
the sale and deposit of goods by a person with the express or implied
condition that the goods may be redeemed or repurchased, on any terms,
by the person who sold or deposited the goods.
"collectibles" includes postage stamps, sports trading cards, spoons, dolls and other items
that are commonly collected.
added 127/2008
"commercial transaction" means a transaction in which payment for goods is made by a
cheque
a)
drawn on an account in the name of the purchaser of the goods at a
financial institution;
b)
dated at least seven days after the date of the transaction; and
c)
mailed to an address provided by the vendor of the goods.
added 127/2008
"dealing" means engaging in transactions or offering to engage in transactions by any
means, including by way of internet communication, in respect of used goods.
By-law No. 91/2008
24
"disposition" includes the
(a)
sale or resale;
(b)
redemption;
(c)
storage at any place other than the place where the goods were acquired;
(d)
transfer to another dealer; or
(e)
any other form of disposition;
of used goods or other goods in respect of which a record of transaction is required to be
made and maintained by this Division.
"fine art dealer" means a person who carries on the business of dealing in works of fine
art.
"flea market" means two or more antique dealers, bicycle dealers or used goods dealers
who are located on a single property in close proximity to one another in order to engage in
transactions, or to offer to engage in transactions, with members of the public and whose
hours of operation are limited to weekends and statutory holidays;
added 42/2013; amended 53/2021
"investment grade precious metals" means
(a)
gold or platinum that is refined to a purity level of at least 99.5%; or
(b)
silver that is refined to a purity level of at least 99.9%;
and that, when in the form of a bar, ingot or wafer, is recognized and accepted for trading
on Canadian financial markets and bears markings indicating its purity level and, when in
the form of a coin, has been issued by a governmental authority and may be used as
currency.
added 127/2008
"Police Chief" means the Chief of the Winnipeg Police Service or delegate;
"postage stamp" means a postage stamp that either
(a)
cannot be used as postage for items mailed in Canada; or
(b)
has a market value that is greater than its face value.
added 127/2008
By-law No. 91/2008
25
"precious metals" includes
(a)
coins;
(b)
gems and other precious stones;
(c)
gold, silver, platinum and other similar metals;
(d)
paper money that is either not in current circulation as currency or has a
value greater than its face value as currency of numismatic value; and
amended 127/2008
(e)
used jewellery consisting of precious stones or precious metals.
amended 127/2008
"precious metals dealer" means a person who, for the preponderant purpose of earning
a profit, carries on the business of dealing in precious metals but does not include a person
who acquires precious metals exclusively by way of commercial transaction.
amended 127/2008
"record of transaction" means the record required to be kept by a person who holds a
license issued under this Division by section 70.
amended 94/2023
"scrap metal" means waste metal, metallic material and any product that contains metal
that is capable of being recycles from previous consumption or product manufacturing but
does not include precious metals.
added 49/2020
"temporary trade show" means two or more antique dealers, bicycle dealers, precious
metals dealers or used goods dealers who are located for a period of seven days or less on
a single property in close proximity to one another in order to engage in transactions or
offer to engage in transactions with members of the public.
added 127/2008; amended 53/2021
"temporary trade show promoter" means a person who organizes or arranges a
temporary trade show.
added 127/2008
"transaction" means an incident in which
(a)
goods are acquired and the person from whom the goods are acquired
receives a benefit or gain or the promise of a benefit or gain; or
(b)
goods are disposed of;
By-law No. 91/2008
26
by any means, including by way of internet communication but does not include an incident
in which goods are acquired from a registered charitable organization.
amended 127/2008
"used goods" includes
(a)
goods that are not new, including bicycles, antiques, collectibles other than
precious metals, art, used jewellery that does not consist of precious stones
or precious metals, precious metals, musical instruments, furniture,
appliances, electronics, computers and computer software, video game
systems, household goods, building materials, and sports equipment.
amended 127/2008; 42/2013
(b)
repealed 127/2008
(c)
precious metals;
(c.1)
scrap metal;
added 49/2020
but does not include
(d)
used books and magazines that are not antiques;
amended 127/2008
(e)
used DVDs, videos, video games, compact discs and long-playing records;
amended 42/2013
(f)
repealed 127/2008
(g)
metals that are not precious metals or scrap metal;
amended 127/2008; 49/2020
(h)
cardboard, glass, paper or paper products;
(i)
plastics;
(j)
lumber or wood products;
(k)
wood by-products, including sawdust, wood chips and chipped material;
(l)
used tires or used automobile parts.
amended 42/2013
"used goods dealer" means any person who, for the preponderant purpose of earning a
profit, carries on a business which deals in used goods but does not include a person who
deals in used goods or precious metals exclusively in one or more of the following ways:
By-law No. 91/2008
27
(a)
as an auctioneer;
(b)
as an antique dealer;
amended 53/2021
(c)
as a bicycle dealer;
(d)
as a precious metals dealer;
(e)
as a fine art dealer;
(f)
as a person who deals exclusively in one or more of the following:
amended 127/2008
(i)
footwear, clothing, used jewellery that does not consist of precious
stones or precious metals, and accessories such as hats and
handbags;
amended 127/2008
(ii)
housewares, including dishes, pots, pans, cooking utensils and
cutlery;
(iii)
furniture, appliances or used office equipment;
added 127/2008; amended 42/2013
(iv)
children's toys, car seats, strollers, children's furniture or children's
clothing;
added 127/2008; amended 42/2013
(v)
specialized medical equipment or mobility aids;
amended 42/2013
(vi)
sports equipment;
amended 42/2013
(g)
as a person licensed as a "dealer" under The Drivers and Vehicles Act;
amended 127/2008; 94/2023
(h)
as a retailer who accepts and resells goods that have been purchased new
in a retail sales transaction and are returned by a dissatisfied customer for a
refund, credit or exchange of another item of merchandise;
(i)
as a person who sells used goods that have previously been rented to the
public by that person; or
amended 127/2008
By-law No. 91/2008
28
(j)
as a retailer who acquires used goods as an incident of a business as partial
payment of the cost of another item of a similar nature that is purchased at
the time the used goods are acquired on the basis of no greater than a one-
for-one trade, but not as a retailer who issues credit notes for used goods so
acquired;
amended 42/2013
(k)
as a person who acquires used goods or precious metals exclusively by
commercial transaction:.
added 127/2008; amended 42/2013
(i)
a person who deals only in used goods that have been donated to
the person without any payment or exchange of goods having been
made for them.
added 42/2013
"used jewellery" means jewellery that cannot be demonstrated to have been acquired
from a manufacturer, wholesaler or some other person who has been issued a GST/HST
number by the Canada Revenue Agency.
added 127/2008
License requirement
amended 94/2023
66(1)
repealed 42/2013
66(2)
repealed 42/2013
66(3) Subject to section 66.1 and 66.2, a person must not carry on the business of a bicycle
dealer without holding a subsisting Bicycle Dealer License issued under this Division.
amended 127/2008; 42/2013; amended 94/2023
66(4) Subject to section 66.1, a person must not carry on the business of a precious metals dealer
without holding a subsisting Precious Metals Dealer License issued under this Division.
amended 127/2008; amended 94/2023
66(5) Subject to section 66.1 and 66.2, a person must not carry on the business of a used goods
dealer without holding a subsisting Used Goods Dealer License issued under this Division.
amended 127/2008; 42/2013; 94/2023
Temporary Trade Show License
amended 94/2023
66.1(1) Subject to section 81.1, a person must not operate as a temporary trade show promoter
without holding a Temporary Trade Show License issued under this By-law for each temporary
trade show being promoted by the person.
added 127/2008; amended 90/2010; 42/2013; 94/2023
By-law No. 91/2008
29
66.1(2) Notwithstanding section 66, but subject to subsection (3), a person may, as a dealer at a
temporary trade show, carry on the business of a bicycle dealer, a precious metals dealer, or a
used goods dealer without a license issued under this Division if the person is listed as a participant
in the temporary trade show by the holder of the Temporary Trade Show License for that
temporary trade show in compliance with section 81.1.
added 127/2008; amended 90/2010; 42/2013; 94/2023
66.1(3) Subsection (2) does not apply to a person dealing in
(a)
gems and other precious stones;
(b)
gold, silver, platinum and other similar metals; or
(c)
used jewellery consisting of precious stones or precious metals.
added 90/2010
Flea markets
66.2(1) Subject to subsection 81.2, a person must not carry on the business of a flea market
organizer without holding a Flea Market License issued under this By-law for each location in which
a flea market is organized or arranged by the person.
added 42/2013; amended 94/2023
66.2(2) Notwithstanding section 66, a person may, as a dealer at a flea market, carry on the
business of a bicycle dealer or a used goods dealer without a license issued under this Division if
the person is listed as a participant in the flea market by the holder of a Flea Market License for
that flea market in compliance with section 81.2.
added 42/2013; amended 94/2023
Multiple businesses
67(1) Where a person carries on more than one of the types of business referred to in section 66
at the same location, the person may either obtain licenses for each of the businesses or may
obtain a Used Goods Dealer License for all of the businesses.
amended 94/2023
67(2) Where a person chooses to obtain a Used Goods Dealer License for more than one of the
types of business referred to in section 66, the person:
amended 94/2023
(a)
must inform the designated employee of this choice at the time the Used
Goods Dealer License is issued or at the time a license in respect of an
additional business would otherwise be required; and
amended 94/2023
By-law No. 91/2008
30
(b)
must comply with the requirements and obligations imposed by this By-law
on used goods dealers in respect of all of the types of business to which the
license applies.
amended 94/2023
Record Review Board certificate required
68(1) Subject to sections 81.1 and 81.2, a license under this Division must not be issued unless
the designated employee receives a certificate from the Record Review Board in respect of each of
the individuals referred to in section 16 and in respect of any individual who is employed by the
applicant or provides assistance to the applicant in respect of the business.
amended 42/2013; 94/2023
68(2) Subsections 16(2) (obligation to notify of changes) and 16(3) (obligation to notify of
criminal charges) apply in respect of any individual who is employed by the applicant or provides
assistance to the applicant in respect of the business.
Approvals required before license issued
amended 94/2023
69(1) This section does not apply to the renewal of a license.
amended 42/2013; 94/2023
69(2) The designated employee must not issue a license under this Division unless the designated
employee receives:
amended 94/2023
(a)
verification from a City employee authorized to administer and enforce the
Winnipeg Zoning By-law or the Downtown Winnipeg Zoning By-law that
operation of the business on the premises for which the license is sought is
permitted under one of those two zoning by-laws;
amended 94/2023
(b)
an occupancy permit authorizing the proposed business to occupy the
premises for which the license is sought.
amended 94/2023
69(3) The designated employee must not issue a Flea Market License or a Used Goods Dealer
License unless the designated employee receives verification from the Fire Paramedic Chief or
delegate that the operation of the business on the proposed premises meets the requirements of
the Fire Prevention By-law, the Manitoba Fire Code and other regulatory requirements relating to
fire safety.
amended 42/2013; 94/2023
By-law No. 91/2008
31
Record of transaction and other documentation
70(1) Subject to this section, a person who carries on a business that is required to hold a license
under this Division must ensure that the business does not acquire or dispose of used goods unless
a record of transaction for that transaction is made at the time of the acquisition and disposal of
used goods and is maintained in accordance with this Division.
amended 127/2008; 53/2021
70(2) The record of transaction required by subsection (1) consists of
(a)
a record of acquisition;
(b)
a record of identification;
(c)
a record of disposition, when created.
70(3) A used goods dealer must make and maintain a record of transaction required by subsection
(1) when the used goods dealer acquires
(a)
goods that are not used; and
(b)
compact discs and long playing records;
and the obligation to make and keep a record of transaction applies in respect of these goods as if
they were used goods.
70(4) Despite subsection (1), a used goods dealer is not required to make a record of transaction
required by subsection (1) and to comply with the other requirements of this Part in respect
of scrap metal other than copper, platinum, palladium, rhodium or brass, or manufactured
goods containing those metals.
added 53/2021
Record of acquisition
71
Subject to section 75, a record of acquisition required by section 70 must contain the
following information:
(a)
the time and date that the used goods were acquired in the transaction;
(b)
a photograph of the used goods providing sufficient detail to identify the
goods;
(c)
the serial number, make, model number and manufacturer's name of any
manufactured used goods acquired;
(d)
a detailed statement of any writing, engraving and other distinctive marks
on the used goods acquired;
By-law No. 91/2008
32
(e)
with respect to jewelry acquired:
(i)
the type of jewelry;
(ii)
the weight of the jewelry;
(iii)
the karat of any precious stone which forms part of the jewelry;
(iv)
any engraving or micro-reference on the jewelry;
(v)
the number of precious stones and the type, colour, and shape of
each precious stone;
(vi)
whether the item of jewelry is typically worn by a man or a woman;
(f)
the price or other consideration paid or given for the used goods or the
agreed selling price for goods left to be sold on consignment;
(g)
the identification number assigned to the person from whom the used goods
were acquired, as required by subsection 73(5).
added 127/2008
Record of disposition
72
Subject to section 75, a record of disposition required by section 70 must contain the
following information:
(a)
the time and date of the disposition;
(b)
the form of the disposition; and
(c)
if the disposition consists of storage of the used goods by the person who
holds a license issued under this Division at any place other than the place
where the used goods were acquired, the location of any other place where
the used goods have been placed into storage.
amended 94/2023
Record of identification
73(1) Subject to this section and section 75, a record of identification required by section 70 must
contain the following:
amended 127/2008
(a)
a photograph of the individual from whom the used goods are being
acquired providing sufficient detail to identify the individual; and
(b)
either
By-law No. 91/2008
33
(i)
the name, date of birth and current address of the individual from
whom the used goods are being acquired and a description of the
piece of identification provided by the individual that appears to be
accurate from which the name, date of birth and current address of
the individual have been obtained; or
(ii)
a photocopy or electronically-scanned copy of the piece of
identification that appears to be accurate.
added 127/2008; amended 42/2013
73(2) Where a business that is required to be licensed under this Division acquires used goods
from a partnership or corporation, the record of identification required by section 70 must contain
the following:
amended 127/2008
(a)
the name, address and telephone number of the partnership or corporation;
(b)
the name of the individual entering into the transaction on behalf of the
partnership or corporation.
73(3) Where a business that is required to be licensed under this Division engages in an
acquisition by way of internet communication, the record of identification required by section 70
must contain the name, mailing address and electronic mailing (e-mail) address of the person from
whom the goods are being acquired.
added 127/2008
73(4) Where a business that is required to be licensed under this Division engages in an
acquisition by way of telephone, mail or delivery service, the record of identification required by
section 70 must contain the name, mailing address and telephone number of the person from
whom the goods are being acquired.
added 127/2008
73(5) A person who carries on a business that is required to hold a license under this Division
must ensure that, subject to subsection 78(5), each person from whom used goods are acquired is
assigned an identification number and that the identification number is recorded on each record of
acquisition that records used goods acquired from that person.
added 127/2008; amended 94/2023
Form of record of transaction
74(1) Subject to section 75, a record of transaction required by section 70 must be recorded by
entering it in an electronic record keeping system in a form prescribed by the Police Chief such that
a separate record of each transaction is created and saved in a retrievable and printable form.
74(2) A person who holds a license issued under this Division must ensure that each record of
transaction is assigned a number in order to distinguish that record of transaction from every other
record of transaction recorded by that person.
amended 94/2023
By-law No. 91/2008
34
Auctioneers' records of transaction
75
repealed 42/2013
Maintenance and destruction of record of transaction
76(1) A person who carries on a business that is required to be licensed under this Division must
ensure that a record of transaction is maintained as it was entered and that no part of the record is
erased, obliterated, deleted or removed.
amended 94/2023
76(2) A record of transaction must be retained on the premises of the business or, if maintained in
electronic form, must be accessible from the premises of the business, for a period of not less than
two years after the date of acquisition and must be available for inspection by an enforcement
officer, including a member of the Winnipeg Police Service, in accordance with this Division.
amended 127/2008
76(3) No person may use personal information contained in a record of identification in any way
other than as required by this By-law.
76(4) No person may disseminate personal information contained in a record of identification in
any way other than as required by this By-law.
76(5) A person who carries on a business that is required to be licensed under this Division must
ensure that a record of identification is destroyed as soon as a period of two years has elapsed
after the date of acquisition.
amended 94/2023
Provision of records of acquisition to Police Chief
77(1) A used goods dealer, a bicycle dealer and a precious metals dealer must ensure that
delivery is made to the Police Chief by the close of business every day that the business is open a
copy of the records of acquisition concerning acquisitions that have been made since the time when
the previous records of acquisition were delivered.
amended 127/2008
77(2) The records of acquisition referred to in subsection (1) must be delivered in electronic form
in a manner and to an electronic address determined by the Police Chief.
Access to record of transaction by enforcement officers
78(1) A person who holds a license issued under this Division must allow an enforcement officer,
including a member of the Winnipeg Police Service, to enter at any time the licensed business is
open for business all areas of the premises for which a license has been issued and to view a
record of transaction and any goods to which this Division applies in order to ensure compliance
with this By-law.
amended 94/2023
By-law No. 91/2008
35
78(2) A member of the Winnipeg Police Service must not access a record of identification in
respect of a person and must not use a record of identification for the purposes of a criminal
investigation unless:
amended 127/2008
(a)
he or she has reasonable grounds to believe that used goods or precious
metal that are identified in the same record of transaction as the record of
identification were obtained by or in the course of the commission of a
criminal offence;
(b)
the person has been charged under any of the following sections of the
Criminal Code, R.S.C. 1985, c. C-46
(i)
348 (break and enter),
(ii)
349 (being unlawfully in a dwelling house),
(iii)
351 (possess house breaking instrument, disguise with intent),
or under any of the following sections of the Criminal Code, R.S.C. 1985, C-
46 with respect to property other than real property, cash or a motor
vehicle:
(iv)
322 (theft),
(v)
343 or 344 (robbery),
(vi)
354 (possess property obtained by crime),
(vii)
354 (theft from mail).
amended 127/2008
78(2.1) Where a member of the Winnipeg Police Service accesses a record of identification pursuant
to subsection (2), he or she may access or use all records of identification in respect of that person
that have been made by any person who holds a license issued under this Division in Winnipeg
within the previous six months.
added 127/2008; amended 94/2023
78(3) For purposes of clarification, subsection (2) does not apply to an enforcement officer other
than a member of the Winnipeg Police Service.
78(4) Where a person who holds a license issued under this Division is asked to provide a record
of identification to, or to make a record of identification available for inspection by, an enforcement
officer, the license holder must provide it or make it available for inspection without regard to the
enforcement officer's compliance with subsection (2).
amended 94/2023
By-law No. 91/2008
36
78(5) Where a person who holds a license issued under this Division provides a record of
identification to or makes a record of identification available for inspection by a member of the
Winnipeg Police Service, the license holder must immediately assign a new identification number to
the person identified in the record of identification and must subsequently provide that
identification number as part of any future record of acquisition in respect of used goods acquired
from that person.
added 127/2008; amended 94/2023
Storage of used goods
79(1) Subject to subsection (2), a person who holds a license under this Division must ensure that
every item for which a record of transaction is required to be made and maintained is tagged or
otherwise identified with the number of that record of transaction referred to in subsection 74(2)
until the used goods are disposed of by sale, redemption or transfer to another dealer.
amended 127/2008; 94/2023
79(2) Subsection (1) does not apply to coins, investment grade precious metals or postage stamps
after 15 days have elapsed since a record of acquisition was delivered to the Police Chief in respect
of those precious metals.
added 127/2008
Disposition of used goods
80(1) Subject to subsection (2), used goods dealers and bicycle dealers must ensure that goods
for which a record of transaction is required to be made and maintained are not disposed of until at
least 15 days have elapsed since the records of acquisition concerning those goods were delivered
to the Police Chief in accordance with section 77.
amended 127/2008; 53/2021
80(1.1) Subject to subsection (2), precious metals dealers must ensure that goods for which a
record of transaction is required to be made and maintained are not disposed of until at
least 30 days have elapsed since the records of acquisition concerning those goods were
delivered to the Police Chief in accordance with section 77.
added 53/2021
80(2) Subsection (1) and Subsection (1.1) does not apply to:
amended 53/2021
(a)
used goods acquired from a person who holds a license under this Division;
amended 94/2023
(b)
coins and gold, silver, platinum and other similar metals acquired from:
(i)
a dealer located outside the City of Winnipeg who is determined by
the Chief of the Winnipeg Police Service to be subject to a municipal
or provincial regulatory regime that requires that the goods be
retained for a period of time similar or greater than the time
specified in subsection (1); or
By-law No. 91/2008
37
(ii)
a Federal, Provincial or Municipal government department or agency;
(b.1) investment grade precious metals;
added 127/2008
(c)
new or refurbished goods; or
(d)
used goods acquired in a collateral lending transaction that have previously
been used as collateral in a collateral lending transaction involving the same
individual providing the goods and the same licensed used goods dealer;
amended 94/2023
so long as the license holder complies with subsection (3).
amended 94/2023
80(3) The exemptions provided in clauses (2)(a) and (b) apply only if the license holder records
amended 94/2023
(a)
where the person from whom the goods were acquired is an individual, the
name, address and telephone number of the individual;
(b)
where the person from whom the goods were acquired is a partnership or
corporation, the name of the individual acting on behalf of the person and
the municipal or provincial license number of the dealer; and
amended 94/2023
(c)
where the goods were acquired from a Federal, Provincial or Municipal
government department or agency, the name of the Federal, Provincial or
Municipal government department or agency and the name of the individual
acting on behalf of the department or agency.
Restrictions on dealers
81
A person who carries on a business that is required to be licensed under this Division must
not, and must ensure that the business he or she is carrying on does not:
amended 94/2023
(a)
acquire any goods from any person who is less than 18 years of age;
(b)
acquire any goods from any person who is apparently under the influence of
alcohol or a drug;
(c)
go from house to house acquiring or soliciting to acquire any goods;
(d)
acquire any goods that he or she has reason to suspect have been stolen or
otherwise unlawfully obtained;
By-law No. 91/2008
38
(e)
acquire any goods that bear or customarily bear a serial number or
distinguishing mark where that serial number or distinguishing mark has
been altered, defaced, obliterated, obscured or removed;
(f)
alter, deface, obliterate, obscure or remove any serial number or distinctive
mark upon any goods purchased or received by the person in the course of
his business;
Temporary trade shows
81.1(1) Sections 69 to 81, inclusive, do not apply to the holder of a Temporary Trade Show License
nor to a person to whom subsection 66.1(2) applies.
amended 42/2013; 94/2023
81.1(2) The designated employee must not issue a Temporary Trade Show License unless the
designated employee receives verification from a City employee authorized to administer and
enforce the Winnipeg Zoning By-law or the Downtown Winnipeg Zoning By-law that operation of
the temporary trade show on the premises for which the license is sought is permitted under one of
those two zoning by-laws.
amended 94/2023
81.1(3) It is a condition of a Temporary Trade Show License that the holder of the license must:
amended 94/2023
(a)
provide the names and, if the person is an individual, the birthdate of every
person occupying a booth, stall, table or other exclusive space at or
otherwise participating in the temporary trade show to Police Chief at least
five days prior to the person beginning to occupy the space or otherwise
participate in the temporary trade show; and
amended 42/2013
(b)
provide access to enforcement officers, including on-duty members of the
Winnipeg Police Service, without fee or charge at any time the temporary
trade show is open to the public.
added 127/2008
Flea markets
81.2(1) Sections 70 to 81, inclusive, do not apply to the holder of a Flea Market License nor to a
person to whom subsection 66.2(2) applies.
added 42/2013; amended 94/2023
81.2(2) It is a condition of a Flea Market License that the holder of the license must:
amended 94/2023
By-law No. 91/2008
39
(a)
provide the name and, if the person is an individual, the birthdate of every
person occupying a booth, stall, table or other exclusive space at, or otherwise
participating in, the flea market to the Police Chief at least five days prior to the
person beginning to participate in the flea market; and
(b)
provide access to enforcement officers, including on-duty members of the
Winnipeg Police Service, to inspect all items for sale or being held on the
premises, without fee or charge at any time that the flea market is open to the
public.
added 42/2013
Division 10 - Used Material Yards
Definitions
82
In this Division
"used materials" means any of the following:
(a)
paper or paper products;
(b)
plastics;
(c)
used lumber or used wood products;
(d)
wood by-products, including sawdust, wood chips and chipped material;
(e)
used tires;
"used material yard" means a place where used materials are stored out of doors.
License required
amended 94/2023
83
A person must not carry on the business of operating a used material yard without holding a
Used Material Yard License issued under this By-law.
amended 94/2023
Approvals required before license issued or renewed
amended 94/2023
84(1) This section does not apply to the renewal of a license.
amended 42/2013; 94/2023
84(2) The designated employee must not issue a Used Materials Yard License unless the
designated employee receives:
amended 94/2023
By-law No. 91/2008
40
(a)
verification from a City employee authorized to administer and enforce the
Winnipeg Zoning By-law or the Downtown Winnipeg Zoning By-law that
operation of the used material yard on the premises for which the license is
sought is permitted under one of those two zoning by-laws;
amended 94/2023
(b)
verification from an individual authorized to administer and enforce the
Neighbourhood Liveability By-law that the operation of the used material
yard on the premises proposed would not violate that By-law;
(c)
verification from the Fire Paramedic Chief or delegate that the operation of
the used material yard on the proposed premises meets the requirements of
this Division, the Fire Prevention By-law, the Manitoba Fire Code and other
regulatory requirements relating to fire safety;
Standards for used material yards
85(1) A used material yard must comply with the Manitoba Fire Code.
85(2) Subject to section 101, a person who carries on the business of operating a used material
yard must ensure that the used material yard is entirely enclosed with a fence that is:
(a)
a uniform height of at least 2.5 metres;
(b)
constructed and maintained to create a solid façade without gaps or holes
on any portion of the fence that fronts on a street.
85(3) A person who carries on the business of operating a used material yard must ensure that
used materials are not placed:
(a)
outside the fence referred to in subsection (2);
(b)
within 1.22 metres of any building or structure in the used material yard;
(c)
on the roof of any building or structure in the used material yard;
(d)
within 1.5 metres of any dwelling;
(e)
abutting any portion of the fence referred to in subsection (2) that fronts on
a street.
85(4) A person who carries on the business of operating a used material yard must ensure that
used material within three meters of a street is not greater than the height of the fence that
surrounds the yard.
By-law No. 91/2008
41
Division 11 - Designated Growers
added 59/2022
Definitions
85.1 In this Division
"designated cannabis production facility" means a "cannabis production facility, designated"
as defined under the Winnipeg Zoning By-law No. 200/2006;
"designated grower" means a person licensed to operate a designated cannabis production
facility under this Division;
amended 94/2023
"monitored alarm system" means a monitored alarm system as defined under the Alarms By-
law No. 4676/87;
"registered patient" means a person who is registered to consume cannabis or cannabis
products for personal medical purposes pursuant to the federal Cannabis Regulations, SOR/2018-
144, or its successor; and
"secure cannabis storage area" means an area of the designated cannabis production facility
where cannabis and cannabis products may be safely and securely stored.
License required
amended 94/2023
85.2 A person must not carry on the business of operating a designated cannabis production
facility without holding a subsisting Designated Grower License issued under this By-law.
amended 94/2023
Approvals required before license issued
amended 94/2023
85.3(1) This section does not apply to the renewal of a license.
amended 94/2023
85.3(2) The designated employee must not issue a Designated Grower License to any person
unless that person provides the designated employee with:
amended 94/2023
(a)
Verification from a City employee authorized to administer and enforce the Winnipeg
Zoning By-law that operation of the designated cannabis production facility on the
premises for which the license is sought is permitted under that zoning by-law;
amended 94/2023
(b)
Verification that the person has obtained a permit for a monitored alarm system
under the Alarm By-law No. 4676/87 for the premises;
(c)
A copy of all permits or authorization that are required for work to make the
premises appropriate for cannabis production, including:
By-law No. 91/2008
42
i.
Electrical permits;
ii.
Building permits;
iii.
Permits authorizing the installation of heating, ventilation and air
conditioning systems; and
iv.
Any other permits or authorizations that the designated employee may
request.
(d)
A copy of all permits or authorizations that are required by the provincial or federal
authorities, including registration certificates issued by Health Canada; and
(e)
Documents, in a form approved by the designated employee, that demonstrate that
the person seeking to use the premises as a designated cannabis production facility:
i.
Is a registered owner of the premises; or
ii.
If not a registered owner of the premises, has permission from all registered
owners to use the premises as a designated cannabis production facility.
85.3(3) The designated employee must not issue a Designated Grower License to a person planning
to grow 6 or more cannabis plants unless that person provides the designated employee with:
amended 94/2023
(a)
Floor plans of the premises at which the proposed designated cannabis production
facility would be located, indicating:
i.
where the cannabis plants would be located;
ii.
where cannabis or cannabis products would be processed; and
iii.
where the secure cannabis storage area would be located.
(b)
Disposal plans for any cannabis or cannabis product that is not provided or delivered
to the registered patient;
(c)
Storage plans for any cannabis or cannabis product produced prior to the
designated grower providing or delivering such goods to the registered patient;
(d)
Plans for the provision or delivery of cannabis or cannabis products to the registered
patient; and
(e)
The names of all persons to be employed, engaged, or otherwise involved in the
operation of the designated cannabis production facility.
By-law No. 91/2008
43
Designated grower responsibilities
85.4(1) Upon receiving a Designated Grower License, the designated grower must:
amended 94/2023
(a)
Maintain all required mechanical and electrical equipment in good working order;
(b)
Immediately notify the designated employee when there are changes to any
permits, authorizations, approvals, plans, or other information required under
section 85.3, including the suspensions, expirations, or cancellations of any permits,
authorizations, or approvals;
(c)
Immediately produce any permits, authorizations, or approvals required under
section 85.3, or a copy of any such permits, authorizations, or approvals, upon the
request of an enforcement officer; and
(d)
Within 10 days of receiving a request for access from the designated employee,
provide access to the designated cannabis production facility for any City of
Winnipeg building inspector, zoning field officer, enforcement officer, or fire
inspector.
Additional responsibilities for designated growers with 6+ plants
85.4(2) In addition to the requirements set out under section 85.4(1), where there are 6 or more
cannabis plants in the designated cannabis production facility, the designated grower must:
(a)
Adhere to the floor plan submitted under section 85.3(3)(a);
(b)
Dispose of all excess cannabis or cannabis product in accordance with the disposal
plan submitted under section 85.3(3)(b);
(c)
Store all cannabis or cannabis products in the secure cannabis storage area, and in
accordance with the storage plan submitted under section 85.3(3)(c), until such
goods can be provided or delivered to the registered patient; and
(d)
Provide or deliver all cannabis or cannabis products to the registered patient in
accordance with the plan submitted under section 85.3(3)(d).
Inspections following expiry, suspension, or revocation of license
amended 94/2023
85.4(3) After the expiry, suspension, or revocation of the Designated Grower License, and upon
request from the designated employee or an enforcement officer, the former license-holder must
make reasonable efforts to provide an enforcement officer with access to the premises listed on the
Designated Grower License to confirm that that the premises are no longer being used as a
designated cannabis production facility.
amended 94/2023
By-law No. 91/2008
44
PART 4 - ADMINISTRATION
Powers of designated employees
86(1) Designated employees and enforcement officers may conduct inspections and take steps to
administer and enforce this By-law or remedy a contravention of this By-law in accordance with The
City of Winnipeg Charter and, for those purposes, have the powers of a "designated employee"
under The City of Winnipeg Charter.
86(2) It is a condition of every license issued under this By-law that the license holder must permit
an enforcement officer to enter the premises to which this license applies without prior notice at
any time that the premises are open for business and at any other reasonable time.
amended 94/2023
Orders to remedy contravention
87
An order to remedy a contravention of this By-law and a notice of suspension or revocation
of a license must be issued in accordance with The City of Winnipeg Charter.
amended 94/2023
Appeal of order or decision
88(1) Where The City of Winnipeg Charter entitles a person appeal an order or a decision under
this By-law, the appeal may be made to the Standing Policy Committee on Community Services in
accordance with The City of Winnipeg Charter.
amended 106/2015; 137/2022
88(2) Subject to subsections (3) and (4), an administration fee of $250.00 is hereby imposed for
each appeal made under subsection (1).
88(3) No appeal may be accepted by the City Clerk until the fee imposed by subsection (2) has
been paid to the City Clerk.
88(4) The Standing Policy Committee on Community Services may order an administration fee
referred to in subsection (2) to be refunded to the appellant if the appeal has been made in good
faith and has some merit.
amended 106/2015; 137/2022
Address for service
89
Where an address for service must be determined, one of the following may be used:
(a)
where the owner of a business or license holder has provided an address for
service, the address provided;
amended 94/2023
(b)
where the document being served relates to a business that is carried on at
a location specified in the license, the street address of the location; or
amended 94/2023
By-law No. 91/2008
45
(c)
if the person to be served has provided his or her address in an application
for a license or a renewal of a license under this By-law, the address
provided in the application.
amended 94/2023
PART 5 - PENALTIES
Maximum penalties for violations of By-law
90
The maximum penalties set out in section 178(1) of The City of Winnipeg Charter are not
applicable to violations of this By-law.
Minimum penalties for violations of By-law
91(1) Subject to subsection (2), a person who carries on a business without obtaining a license as
required by this By-law or who violates section 9 by carrying on a business for which a license is
required at a location that has not been specified in a license, in addition to being required to
obtain a license for the business, is subject to the following minimum fines:
amended 54/2017; 94/2023
(a)
for a first offence, to a fine in an amount no less than the amount of the fee
for the license that was required;
amended 94/2023
(b)
for a second offence, to a fine in an amount no less than twice the amount
of the fee for the license that was required;
amended 94/2023
(c)
for a third offence and subsequent offences, to a fine in an amount no less
than three times the amount of the fee for the license that was required.
amended 94/2023
91(2)
repealed 9/2022
Standard penalties for outdoor mobile food units
92(1)
repealed 42/2015
92(2)
repealed 42/2015
By-law No. 91/2008
46
Enforcement of penalties
amended 54/2017; 53/2021
93(1) Subject to the Municipal By-law Enforcement Act (MBEA) Enabling By-law, a person who
contravenes a provision of this By-law that is referred to in Schedule A of the Municipal By-law
Enforcement Act (MBEA) Enabling By-law must pay the administrative penalty for that
contravention set out in that Schedule. If an Early Payment Discount amount is set out for a
provision in that Schedule, a person who is issued a penalty notice for a contravention of that
provision may, within 14 days after the penalty notice has been issued, voluntarily pay to The City
of Winnipeg the applicable Early Payment Discount amount and will thereafter not be prosecuted
for the contravention.
amended 54/2017
93(2) Schedule C to this By-law sets out provisions of this By-law that are enforceable by way of a
preset fine under The Provincial Offences Act. If Schedule C sets out a preset fine for a provision, a
person who contravenes that provision must pay that preset fine, plus applicable court costs and
surcharges under The Provincial Offences Act. If Schedule C sets out a minimum fine for a
provision, a person who contravenes that provision must pay a fine imposed by a justice under The
Provincial Offences Act that is not less than the minimum fine set out, plus applicable court costs
and surcharges under The Provincial Offences Act.
amended 54/2017
93(3) If a provision set out in Schedule C identifies different fines for individuals and corporations,
then a person who contravenes that provision must pay the applicable fine depending on whether
the person is an individual or a corporation.
amended 54/2017
93(4) Despite subsections (2) and (3), if an Early Payment Discount amount is set out for a
provision referred to in Schedule C to this By-law, a person who is issued a ticket for a
contravention of that provision may, within 14 days after the ticket has been signed, voluntarily pay
to The City of Winnipeg the applicable Early Payment Discount amount and will thereafter not be
prosecuted for the contravention.
amended 54/2017
93(5)
repealed 54/2017
93(6)
repealed 54/2017
93(7)
repealed 54/2017
PART 6 - CONSEQUENTIAL AMENDMENTS
Mobile Home License By-law
amended 94/2023
94
The Mobile Home License By-law No. 821/74 is amended by:
amended 94/2023
By-law No. 91/2008
47
(a)
repealing section 3 and substituting the following:
3.
No person shall occupy a mobile home without being registered with the
owner or operator of the trailer park unless:
(a)
the tax collector is satisfied that the occupant of the mobile
home is a bona fide tourist and the mobile home is being
used for vacation or holiday purposes; or
(b)
the mobile home is a temporary building as defined in the
City of Winnipeg Building By-law and complies with the
provisions of that By-law.
(b)
striking out "licencee" wherever it appears and substituting "owner or
operator".
Meat and Poultry By-law and Milk and Dairy Products By-law repealed
95
The Milk and Dairy Products By-law No. 3218/82 and the Meat and Poultry By-law No.
3354/83 are hereby repealed.
Food Service Establishment By-law amended
96
The Food Service Establishment By-law No. 5160/89 is amended by
(a)
striking out the definition of "Food Service Establishment" and substituting
the following:
"Food Service Establishment" means any place where food is kept, handled,
manufactured, packaged, stored, prepared, served or sold, regardless of whether
consumption is on or off the premises and regardless of whether there is or is not a charge
for the food, and includes
(a)
retail food stores and shops selling only pre-packaged foods;
(b)
bakeries;
(c)
butcher shops and fish shops;
(d)
delicatessens;
(e)
other retail food stores;
(f)
canteens and commissaries, whether stationary or mobile;
(g)
restaurants, banquet halls, cafeterias, beverage rooms, dairy bars, milk bars,
ice cream parlours and caterers;
(h)
residential care facilities, nursing homes, detention centres, day care
kitchens, schools, soup kitchens and shelters;
(i)
hostels and shared facilities dwellings with shared kitchens;
(j)
outdoor mobile food units;
(k)
food processing plants, food packaging and warehouse facilities;
By-law No. 91/2008
48
(l)
any place where food service takes place on a temporary basis;
(m)
producer markets where any food is being sold, other than agricultural
produce grown in Manitoba sold by the individual who produced it, a
member of the producer's immediate family or the producer's employee;
but does not include
(n)
residential dwelling units, unless food is prepared or served for sale;
(o)
food vending machines;
(p)
retail stores selling only pre-packaged food that is not potentially hazardous
and does not require refrigeration; and
(q)
food supply vehicles.
(b)
striking out the definition of "Mobile Food Unit" and adding the following in
alphabetical order:
"Outdoor Mobile Food Unit" means a trailer, cart or vehicle-mounted food service
establishment designed to be readily movable and located out of doors.
(c)
in the definition "Potentially hazardous food" adding "fruit," immediately
after "milk products";
(d)
striking out "the City of Winnipeg License By-law and amendments thereto"
in subsection 5.1 and substituting "the Doing Business in Winnipeg By-law";
(e)
adding the following immediately after clause 7.2(f):
(g)
No person may sell or offer for sale any meat or poultry on any street or
door to door without the written permission of the Public Health Inspector.
(f)
striking out subsection 7.3 and substituting the following:
7.3
Milk or dairy products sold, offered or deposited for sale, served, or used
must be pasteurized, handled and packaged in a plant licensed under The Dairy Act,
or from a source outside the Province of Manitoba approved by the appropriate
authority. Dry milk and dry milk products must be made from pasteurized milk and
pasteurized milk products.
(g)
striking out "mobile food unit" wherever it appears and substituting "outdoor
mobile food unit".
(h)
in clauses 36.4(b) and (c), striking out "notice" wherever it appears and
substituting "order".
City Organization By-law amended
97
The City Organization By-law No. 7100/97 is amended
By-law No. 91/2008
49
(a)
by repealing subclause 9(2)(a) (iii);
(b)
by adding the following immediately after subclause 10(a)(xxx):
(xxxi) Business Licensing;
amended 94/2023
(c)
by adding the following immediately after clause 10(k.1):
(k.2)
hearing and deciding appeals of decisions or orders made under the Doing
Business in Winnipeg By-law that are subject to appeal.
(d)
by repealing subclause 10(o)(iii);
(e)
by striking out "Licensing" in the paragraph that precedes clause 11(a);
(f)
by repealing subclauses 11(a)(iv) and 11(a)(vii);
(g)
by repealing clause 11(s);
(h)
by repealing subclause 11(dd)(iii);
(i)
by repealing subclause 13(j)(iii);
(j)
by repealing clause 13.1(1)(c).
Fire Prevention By-law amended
98
Repealed by 35/2017
Body Modification By-law amended
99
The Body Modification By-law No. 40/2005 is amended by striking out "the City of Winnipeg
License By-law" wherever it appears and substituting "the Doing Business in Winnipeg By-law".
PART 7 - TRANSITION
Existing licenses
amended 94/2023
100(1) Notwithstanding section 103 (repeal of License By-law), subsisting licenses issued under The
City of Winnipeg License By-law No. 6551/95 remain in effect until their expiry date.
amended 94/2023
By-law No. 91/2008
50
100(2) Notwithstanding section 104 (coming into force), where this By-law requires that a license
must be obtained for a business, a person who has been issued a license in respect of that business
under The City of Winnipeg License By-law No. 6551/95 may obtain a license under this By-law for
that business prior to the date this By-law comes into force so long as the person and the business
comply with section 7 of this By-law.
amended 94/2023
100(3) Where
(a)
this By-law requires that a business must not be carried on without a
license; and
amended 94/2023
(b)
a license has been issued in respect of that business under The City of
Winnipeg License By-law No. 6551/95;
amended 94/2023
a license issued under this By-law in respect of that business within 30 days of the expiry of the
license issued under The City of Winnipeg License By-law No. 6551/95 shall be considered to be a
renewal of a license under this By-law.
amended 94/2023
Used material yards
101(1) Where a used material yard is the subject of modified fencing requirements approved by the
Community Committee under the City of Winnipeg License By-law No. 6551/95, the modified
fencing requirements approved by the Community Committee supersede the requirements of
subsection 85(2).
101(2) A person who carries on the business of operating a used material yard that is subject to
modified fencing requirements approved by the Community Committee may apply to the Standing
Policy Committee on Community Services for a variation of the modified fencing requirements and
section 88 applies to the application as if it were an appeal.
amended 106/2015; 137/2022
By-law replaces Winnipeg License By-law
102
This By-law is a successor to the City of Winnipeg License By-law No. 6551/95 and a
reference in any by-law, policy, resolution or other document to the City of Winnipeg License By-
law No. 6551/95 is deemed to be a reference to this By-law.
PART 8 - REPEAL AND COMING INTO FORCE
License By-law repealed
103
The City of Winnipeg License By-law No. 6551/95 is repealed.
By-law No. 91/2008
51
Coming into force
104(1) Subject to subsection (2), this By-law comes into force on June 1, 2008.
104(2) Subsection 100(2) comes into force upon enactment of this By-law.
DONE AND PASSED in Council assembled, this 23rd day of April, 2008.
By-law No. 91/2008
52
Schedule A
to the Doing Business in Winnipeg By-law No. 91/2008
repealed 42/2013
Schedule B
to the Doing Business in Winnipeg By-law No. 91/2008
repealed 42/2015
Schedule C
to the Community Safety Business Licensing By-law No. 91/2008
added 54/2017; amended 21/2022; 116/2025
Preset Fine Provisions
Enforceable through The Provincial Offences Act
Provision
Contravention Summary
Preset Fine
($)
Early Payment
Discount
70
Person carrying on Division 9 business -
failing to make and maintain record of
transaction - Individual
1000
Person carrying on Division 9 business -
failing to make and maintain record of
transaction - Corporation
5000
80(1)
Used good dealer/bicycle dealer/precious
metal dealer - disposing of goods
identified in record of transaction less
than 15 days since record of acquisition
was provided to Chief of Police -
Individual
500
Used good dealer/bicycle dealer/precious
metal dealer - disposing of goods
identified in record of transaction less
than 15 days since record of acquisition
was provided to Chief of Police -
Corporation
1000
81(a)
Person carrying on Division 9 business -
failing to ensure goods are acquired from
a adult - Individual
500
Person carrying on Division 9 business -
failing to ensure goods are acquired from
a adult - Corporation
1000
By-law No. 91/2008
53
Provision
Contravention Summary
Preset Fine
($)
Early Payment
Discount
81(b)
Person carrying on Division 9 business -
failing to ensure goods are not acquired
from person under the influence of
alcohol or drugs - Individual
500
Person carrying on Division 9 business -
failing to ensure goods are not acquired
from person under the influence of
alcohol or drugs - Corporation
1000
81(e)
Person carrying on Division 9 business -
acquire goods that bear or customarily
bear a serial number or distinguishing
mark where that serial number has been
altered/defaced/obliterated - Individual
500
Person carrying on Division 9 business -
acquire goods that bear or customarily
bear a serial number or distinguishing
mark where that serial number has been
altered/defaced/obliterated -
Partnership/Corporation
1000
81(f)
Person carrying on Division 9 business -
alters, defaces, obliterates, obscures or
removes any serial number or distinctive
mark upon any goods purchased or
received by the person in the course of
his business - Individual
1000
Person carrying on Division 9 business -
alters, defaces, obliterates, obscures or
removes any serial number or distinctive
mark upon any goods purchased or
received by the person in the course of
his business -Partnership/Corporation
5000