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BRANTFORD 326. 1
Chapter 326
General Provisions Issue of Licences
CHAPTER INDEX
Article 1
INTERPRETATION
326.1.1
Definitions - AMPS Bylaw
326.1.2
Applicant - defined
326.1.3
Application - defined
326.1.4
Appropriate authorities - defined
326.1.5
Bona fide charitable organization - defined
326.1.6
Business - defined
326.1.7
City - defined
326.1.8
Committee - defined
326.1.9
Corporation - defined
326.1.10 Council - defined
326.1.11 Chief Building Official - defined
326.1.12 Chief Fire Official - defined
326.1.13 Chief of Police - defined
326.1.14 Inspector - defined
326.1.15 Issuer of Licences - defined
326.1.16 Licence - defined
326.1.17 Licensee - defined
326.1.18 Medical Officer of Health - defined
326.1.19 Operator - defined
326.1.20 Owner - defined
GENERAL PROVISIONS - LICENCES
326.1.21 Person - defined
326.1.22 Premises - defined
326.1.23 Legislative references
326.1.24 Time - Eastern Standard
326.1.25 Generality of provisions
Article 2
GENERAL PROVISIONS
326.2.1
Intent - common framework
326.2.2
Licences - delegated authority - Issuer of Licences
326.2.3
Administration - Clerk's department
326.2.4
Application - Schedules - businesses
326.2.5
Application - Schedules - administrative
326.2.6
Schedules - form part of Chapter
326.2.7
Conflict - Schedules to govern
326.2.8
Creation - amendment - repeal
326.2.9
Severability - provisions
Article 3
APPLICANT - LICENSEE - COMPLIANCE
326.3.1
Operation - without licence - prohibited
326.3.2
Safe - clean - vehicle - place - object - amusement
326.3.3
Obstruction prohibited - exceptions
326.3.4
Breach - existing by-law - statute - regulation
326.3.5
Compliance - all provisions - Chapter
326.3.6
Compliance - Zoning By-law
Article 4
LICENCE - APPLICATION
326.4.1
In writing - form - fee - requirements
326.4.2
Issue - licence - prior to payment - prohibited
GENERAL PROVISIONS - LICENCES
326.4.3
Licence - fee - Schedule 'B'
326.4.4
Licence - fee - no refund
326.4.5
Requirements
326.4.6
Application - complete
326.4.7
Separate - each premises
326.4.8
Renewal licence - late payment - administrative fee
326.4.9
Renewal licence - expiration - new application
326.4.10 New licence - prorated fees
Article 5
LICENCE - ISSUE
326.5.1
Application - received - action required
326.5.2
Inspection - waived - renewal licence
326.5.3
Licence - issued
326.5.4
Licence - issue contrary to law - prohibited
326.5.5
Form of licence - information required
326.5.6
Licence - photograph identification
326.5.7
Display - identification card
326.5.8
Licence - posted - visible
326.5.9
Licence - carried - at all times - produced
326.5.10 Inspection - all reasonable times - authority
326.5.11 Property - of Corporation - no vested right
326.5.12 Destroyed - re-issue - duplicate - fee
326.5.13 Transfer - prohibited - exceptions
326.5.14 Transfer - no refund
326.5.15 Transfer - administrative fee
326.5.16 Expiry - March 31 - unless otherwise provided
GENERAL PROVISIONS - LICENCES
Article 6
TEMPORARY LICENCE
326.6.1
Licence - temporary - conditional
326.6.2
Licence - temporary - expiry
326.6.3
Licence - issue - meeting of conditions
Article 7
LICENCE - REFUSAL - SUSPENSION - REVOCATION
326.7.1
Refusal - issue - non-compliance
326.7.2
Refusal - revocation - conduct
326.7.3
Refusal - revocation - previous non-compliance
326.7.4
Suspension - immediate danger - health and safety
326.7.5
Operation - under suspension - revocation - prohibited
326.7.6
Suspension - immediate danger - reinstatement
326.7.7
Suspension - immediate danger - revocation
326.7.8
Refusal - notice - grounds - appeal - limitation
326.7.9
Appeal - in writing - to City Clerk
326.7.10
Appeal - procedures
Article 8
APPEAL - COMMITTEE - COUNCIL - AUTHORITY
Repealed: By-law 86-2025, August 26, 2025
GENERAL PROVISIONS - LICENCES
Article 9
ENFORCEMENT
326.9.1
Fine - for contravention
326.9.2
Fine - inspection - prevented
326.9.3
Authority - municipal - provincial officers
326.9.4
Prohibition order - municipality
326.9.5
Prohibition order - courts
326.9.6
Restraining order
326.9.7
Designated Bylaw
326.9.8
Issuance
326.9.9
Officer Discretion
326.9.10
Fine Amount
326.9.11
Procedure
326.9.12
Non-payment
326.9.13
Obstruct Officer
Article 10
REPEAL - ENACTMENT
326.10.1
By-laws - previous
326.10.2
Effective date
_____________
SCHEDULE
Schedule 'A-1' - Amusement Arcade
Schedule 'A-2' - Food Premises
Schedule 'A-3' - General Building Trades
Schedule 'A-4' - Lodging House
Schedule 'A-5' - Food Service Vehicles
Schedule 'A-6' - Pawnbroker
Schedule 'A-7' - Temporary Sales
Schedule 'A-8' - Personal Service Settings
Schedule 'A-9' - Plumbing Trades
GENERAL PROVISIONS -LICENCES
Schedule 'A-10' - Public Halls
Schedule 'A-11' - Salvage Yards
Schedule 'A-12' - Clothing Donation Bin
Schedule 'A-13' - Hotels and Motels
Schedule 'A-14' - Payday Loan Establishments, By-law 175-2019, 19
November, 2019
Schedule 'A-15' - Short Term Rental Accommodations, By-law 28-2022, 22
February 2022
Schedule 'B' - Business Licensing Fees
Schedule 'C' - Notice of Appeal
--------
Article 1
INTERPRETATION
326.1.1
Definitions - AMPS Bylaw
AMPS Bylaw shall mean the Administrative Monetary Penalties System respecting non-
parking bylaw violations as amended or any successor thereto. By-law 90-2026, 28 July,
2026.
326.1.2 Applicant - defined
"applicant" means every person who is required to obtain a licence or registration pursuant to
this Chapter, and includes a person who has made application for a licence to the Issuer of
Licences but has not yet been granted a licence. By-law 28-2022; 22 February 2022
326.1.3 Application - defined
"application" means an application for a licence or registration, including an application for the
renewal or transfer of a licence, for a business to which this Chapter applies. By-law 28-2022;
22 February 2022
326.1.4 Appropriate authorities - defined
"appropriate authorities" means:
(a) with regard to health matters, the Medical Officer of Health;
(b) with regard to building matters, the Chief Building Official;
(c) w i t h regard to fire safety matters, the Chief Fire Official; and
(d) with regard to police matters, the Chief of Police.
326.1.5 Bona fide charitable organization - defined
"bona fide charitable organization" means an organization, including a church, established
and operated for charitable purposes, that devotes its resources to charitable activities, and
that has been granted the right to issue tax deductible charitable donation receipts by the
Federal Government of Canada, but does not include a non-profit organization.
326.1.6 Business - defined
"business" means any business wholly or partly carried on within a municipality even if the
GENERAL PROVISIONS -LICENCES
business is being carried on from a location out- side the municipality and includes:
(a) trades and occupations
(b) exhibitions, concerts, festivals and other organized public amusements held for
profit or otherwise;
(c) the sale or hire of goods or services on an intermittent or one-time basis and
the activities of a transient trader; and
(d) the display of samples, patterns or specimens of goods for the purpose of sale or
hire, but does not include:
(a) a manufacturing or industrial business, except to the extent that it sells its
products or raw material by retail;
(b) the sale of goods by wholesale; or
(c) the generation, exploitation, extraction, harvesting, processing, renewal or
transportation of natural resources.
326.1.7 City - defined
"City" means the geographic region of the City of Brantford, and "City of Brantford" shall
have a corresponding meaning.
326.1.8 Committee - defined
"Committee" means the Mayor and members of Council sitting as the Committee of the
Whole for the Corporation.
326.1.9 Corporation - defined
"Corporation" means The Corporation of the City of Brantford.
326.1.10 Council - defined
"Council" means the municipal Council of the Corporation.
326.1.11 Chief Building Official - defined
"Chief Building Official" means the person who may, from time to time, be appointed by
Council to the position of Chief Building Official in conformity with the provisions of the
Building Code Act, 1992, and includes his/her designate.
326.1.12 Chief Fire Official - defined
"Chief Fire Official" means the person who may, from time to time, be appointed by Council
to the position of Chief of the Fire Department of the City of Brantford, and includes his/her
designate.
326.1.13 Chief of Police - defined
"Chief of Police" means the person who may, from time to time, be appointed by the
Brantford Police Services Board to the position of Chief of Police of the Brantford Police
Service, and includes his/her designate.
326.1.14 Inspector - defined
"inspector" includes the Issuer of Licences and his or her designate, Chief Fire Official and
his or her designate, Chief Building Official, building inspectors appointed by Council,
Medical Officer of Health, public health inspector, all police officers of the Brantford Police
Service, and provincial offences officers.
326.1.15 Issuer of Licences - defined
"Issuer of Licences" means the Clerk of The Corporation of the City of Brantford or any
other person so designated by Council to the position of Issuer of Licences.
326.1.16 Licence - defined
"licence" means a licence or registration issued by the Issuer of Licences or Council, as
the case may be, pursuant to this Chapter and the Schedules attached hereto, and shall
include a temporary licence and a renewal licence. By-law 28-2022; 22 February 2022
GENERAL PROVISIONS -LICENCES
326.1.17 Licensee - defined
"licensee" means a person who has been issued a licence or registration pursuant to this
Chapter and the Schedules attached hereto, and "licensed" shall have a corresponding
meaning. By-law 28-2022; 22 February 2022
326.1.18 Medical Officer of Health - defined
"Medical Officer of Health" means the Medical Officer of Health of the Brant County Health
Unit, and includes his/her designate.
326.1.19 Operator - defined
"operator" means a person who, alone or with others, operates, man- ages, supervises,
runs, oversees, or controls a business and, without limiting the generality of the foregoing,
may include a lessee and an owner, and the words "operate", "operation", and "operates"
shall have corresponding meanings.
326.1.20 Owner - defined
"owner" means all persons shown by the records in the Registry Office for the Registry
Division of Brant No. 2, to be the owner in fee simple of the lands on which the business is
operating, including any buildings on the lands, or the authorized agent in lawful control of
the lands on which the business is operating, including any buildings on the lands.
326.1.21 Person - defined
"person" includes a natural person, a corporation, and the heirs, executors, administrators
or other legal representatives of a person to whom the context can apply according to law.
326.1.22 Premises - defined
"premises" means land, including any and all buildings or other structures thereon and
includes any vehicle or conveyance used in the operation of the business.
326.1.23 Legislative references
Any reference to a statute in this Chapter includes a reference to all regulations made
pursuant to such statute, all amendments made to such statute, and regulations in force
from time to time, and to any statute or regulation which may be passed and which has the
effect of supplementing or superseding such statute or regulations.
326.1.24 Time - Eastern Standard
Wherever any time is referred to in this Chapter, the same shall be considered Eastern
Standard Time, except that when what is known as day- light saving time is in effect, the
reference shall be considered to be to daylight saving time.
326.1.25 Generality of provisions
Wherever a provision of this Chapter requires compliance with a particular law, act,
regulation, ordinance, by-law or policy, that provision shall be read not to limit the generality
of any other term or provision in this Chapter also requiring compliance with a particular law
or all laws, except where the provision expressly limits another term or provision of this
Chapter.
Article 2
GENERAL PROVISIONS
326.2.1 Intent - common framework
This Chapter is intended to provide a common framework for the application of a business
licensing system for those businesses set out in the Schedules that form part of this Chapter.
Provisions that are specific to a particular business shall be contained in the Schedules
pertaining to each such business and shall apply in addition to the provisions of this Chapter.
326.2.2 Licences - delegated authority - Issuer of Licences
The Issuer of Licences is hereby delegated authority by Council to issue licences pursuant to
the provisions of this Chapter.
GENERAL PROVISIONS -LICENCES
326.2.3 Administration - Clerk's department
The Clerk's Department of the Corporation is responsible for the enforcement and
administration of this Chapter, unless otherwise specifically provided in a Schedule to this
Chapter.
326.2.4
Application - Schedules - businesses
This Chapter applies to all of following Schedules and the business which are further
described in those Schedules:
Schedule 'A-1' Amusement Arcade
Schedule 'A-2' Food Premises
Schedule 'A-3' General Building Trades
Schedule 'A-4' Lodging House
Schedule 'A-5' Food Service Vehicles
Schedule 'A-6' Pawnbrokers
Schedule 'A-7' Temporary Sales
Schedule 'A-8' Personal Services
Schedule 'A-9' Plumbing Trades
Schedule 'A-10' Public Hall
Schedule 'A-11' Salvage Yards
Schedule 'A-12' Clothing Donation Bin
Schedule 'A-13' Hotels and Motels
Schedule 'A-14' - Payday Loan Establishments
Schedule 'A-15' - Short Term Rental Accommodations
By-law 67-2018; 24 April, 2018, By-law 158-2019; 22 October, 2019, By-law 175-
2019; 19 November, 2019, By-law 109-2020; 25 August, 2020; 21-2021, 23 February,
2021; By-law 28-2022; 22 February 2022
326.2.5 Application - Schedules - administrative
This Chapter is also applicable to the following Schedules:
Schedule 'B' Fees and Charges
Schedule 'C' Notice of Hearing
326.2.6
Schedules - form part of Chapter
The Schedules to which this Chapter applies are an integral part of this Chapter. All
references to this Chapter shall include all Schedules to this Chapter, unless otherwise
specifically indicated.
326.2.7
Conflict - Schedules to govern
GENERAL PROVISIONS -LICENCES
In the event of a conflict between the terms and provisions of the main body of this Chapter
and any Schedule to this Chapter, the terms and provisions of the Schedule shall govern to
the extent of any inconsistency.
326.2.8
Creation - amendment - repeal
Council may create, amend or repeal business licensing schemes by adding, amending or
deleting Schedules to this Chapter.
326.2.9 Severability - provisions
In the event that any provision or part of this Chapter is found by a court of competent
jurisdiction to be invalid, unenforceable, or ultra vires the powers of the Corporation, said
provision or part shall be severed from the rest of this Chapter and the remaining Schedules,
terms and provisions of this Chapter shall nevertheless remain in full force and effect as if the
offending provision or part had never been severed from this Chapter.
Article 3
APPLICANT - LICENSEE - COMPLIANCE
326.3.1 Operation - without licence - prohibited
No person shall carry on, conduct, operate, maintain or keep any business identified in any
Schedule to which this Chapter applies, unless such person first obtains one or more
licences, as the case may be, for said business, from the Issuer of Licences.
326.3.2
Safe - clean - vehicle - place - object - amusement
Every applicant and licensee, shall, at all times, maintain and keep safe and clean, and in
good condition and repair, any object, amusement, place or premises used in connection
with the business to which this Chapter applies.
326.3.3 Obstruction prohibited - exceptions
No applicant or licensee shall cause, suffer, or permit any obstruction on any highway, lane
or public place in front of, or adjoining the place or premises where the business is conducted,
except that where the premises is a vehicle it may use any highway, lane or public place for
the conduct of its business provided that:
(a) it does not use any part on which parking or stopping is not permitted;
(b) it is so constructed so that customers cannot be served from the left-hand
side;
(c) it is not stopped at any place where, or in such a manner that it or any person,
while using or waiting to use it or its services, might be an obstruction to the
free flow of traffic; and
(d) the Schedule governing any business does not prohibit, regulate, restrict, or
control the use of any vehicle or class of vehicles.
326.3.4 Breach - existing by-law - statute - regulation
No applicant or licensee, shall cause, suffer, or permit any breach of any by-law of the
Corporation or of any local board thereof, or of any statute, order-in-council, or regulation
of the Legislature of the Province of Ontario or of the Parliament of Canada or of any
agency, board or commission of either of them, in, upon or in connection with the object,
amusement, place or premises, used for or in relation to the business licensed or required
to be licensed pursuant to this Chapter.
326.3.5 Compliance - all provisions - Chapter
Every applicant and licensee shall be responsible for full compliance with all provisions of
GENERAL PROVISIONS -LICENCES
this Chapter and shall be responsible for the due performance and observance of all the
provisions of this Chapter by all other persons in or upon the premises, or with whom
he/she enjoys a contractual relationship in respect of the premises in relation to which the
business is carried out.
326.3.6 Compliance - Zoning By-law
Without limiting the generality of any other provision of this Chapter, where any premises
are to be used for a purpose requiring a licence, the requirements of the City of Brantford
Comprehensive Zoning By-law #160-90 must be observed by the applicant before the
licence will be granted. Additionally, every licensee shall at all times comply with the City of
Brantford Zoning By-law #160-90 in the operation of a business to which this Chapter
applies.
Article 4
LICENCE - APPLICATION
326.4.1 In writing - form - fee - requirements
Every applicant shall apply in writing, on a form provided by the Issuer of Licences, and
shall deposit the required licence fee with the Issuer of Licences at the time of application.
326.4.2 Issue - licence - prior to payment - prohibited
The Issuer of Licences shall not issue a licence until all fees required pursuant to this
Chapter are paid in full.
326.4.3 Licence - fee - Schedule 'B'
The fees for each licence issued under this Chapter, including all administrative fees, are
set out in Schedule 'B' to this Chapter and may be amended from time to time upon
approval by Council.
326.4.4 Licence - fee - no refund
No person shall be entitled to a full or partial refund of any fee required to be paid pursuant
to this Chapter except where the Issuer of Licences, in his/her sole discretion, determines
that a full or partial refund is justified in the circumstances.
326.4.5 Requirements
Every application for a licence shall contain all of the following information:
(a) the name of the applicant, along with a copy of the applicant's identification;
(b) if a corporation, a copy of the constating documents of the corporation and a
copy of the master business licence of the corporation;
(c) the applicant's address;
(d)
a brief description of the premises used for engaging in or carrying on of the
business, including:
(i)
if a building, the description shall contain the ad- dress and a
description of the building or such part of it as is to be used for the
business;
(ii) if a vehicle, the description is to include the manufacturer's name, the
model, the licence plate number and the vehicle registration number, if
any.
Additional information may be requested by the Issuer of Licences in his/her sole
discretion, and must be set out on the application form pro- vided to the applicant.
326.4.6 Application - complete
Only complete applications will be accepted by the Issuer of Licences. Applications not
containing all of the information, documentation and fees requested of the applicant shall
be automatically rejected.
326.4.7 Separate - each premises
GENERAL PROVISIONS -LICENCES
Every person required to obtain one or more licences pursuant to this Chapter shall make
a separate application for each premises used or sought to be used in connection with the
business licensed or required to be licensed pursuant to this Chapter.
326.4.8
Renewal licence - late payment - administrative fee
Should payment for a renewal licence not be received by the Issuer of Licences prior to
the date of expiration of the licence, the renewal of said licence shall be subject to an
administrative fee as set out in Schedule 'B'.
326.4.9 Renewal licence - expiration - new application
If a licence is not renewed within 60 days from the date of expiration of said licence, no
renewal of the licence shall be granted and the licensee must complete an application for a
new licence and must pay all fees applicable to said application.
326.4.10 New licence - prorated fees
All applications for new licences (not applications for the renewal of or transfer of a licence),
submitted to the Corporation on or after October 1, shall be charged only 50% of the
prescribed licence fee rather than the full amount.
Article 5
LICENCE - ISSUE
326.5.1 Application - received - action required
Upon receipt of a complete application for a licence, including an application for the renewal or
transfer of a licence, the Issuer of Licences shall:
(a) refer the application to the appropriate authorities who have an interest in
the business in question and/or who are required or permitted to carry out
inspections under the terms of this Chapter;
(b) receive reports from such appropriate authorities;
(c) inquire into all relevant matters in order to ascertain if the applicant is entitled
to a licence under the provisions of this Chapter; and
(d) where the application is for the renewal of a licence, inquire into any and all
relevant changes in circumstances since the previous licence was issued to
the applicant.
326.5.2 Inspection - waived - renewal licence
Notwithstanding Section 326.5.1, where the application is for the renewal of an existing
licence, and the Issuer of Licences determines, in his/her sole discretion, that a current
inspection of the premises used in pursuit of a business is not required, he/she may issue a
licence to the applicant without first requiring a current inspection of the premises, if he/she is
also satisfied that the applicant meets all other requirements of this Chapter and is entitled to a
renewal of the licence pursuant to the provisions of this Chapter.
326.5.3 Licence - issued
Once all of the requested information is received by the Issuer of Licences, including a
complete application and the applicable fee from the applicant, and upon being satisfied that
the applicant is entitled to a licence pursuant to the provisions of this Chapter, the Issuer of
Licences shall prepare and issue a licence to the applicant.
326.5.4 Licence - issue contrary to law - prohibited
No licence shall be granted for any purpose which is contrary to any statute, by-law or law.
GENERAL PROVISIONS -LICENCES
326.5.5 Form of licence - information required
Every licence issued by the Issuer of Licences shall be in such form and contain such content
as may be approved by the Issuer of Licences from time to time and must include all of the
following:
(a) the kind or class of licence granted;
(b) the period of time for which the licence is granted, including the date of
expiration;
(c) the name and address of the licensee; (d) the name of the
business, if applicable;
(e) the address of the premises for which it was issued, if applicable; and
(f) the signature of the Issuer of Licences.
326.5.6 Licence - photograph identification
If required by the Issuer of Licences, the licensee shall be photographed by the Issuer of
Licences or his/her designate.
326.5.7 Display - identification card
Every person to whom a photograph identification card has been issued pursuant to this
Chapter shall display their identification card at all times and shall produce said
identification card upon request.
326.5.8 Licence - posted - visible
Every licensee shall post the licence on the premises, or that part thereof to which the
licence pertains, in such a position that the licence may readily be seen and read by persons
entering on to or using the premises.
326.5.9 Licence - carried - at all times - produced
Where the licence has been issued to any person who goes from place to place or to a
particular place with goods, wares, services or merchandise for sale, the licensee shall
keep the licence with him or her at all times while carrying out the business, and shall show
the licence to any person who so requests.
326.5.10 Inspection - all reasonable times - authority
The Issuer of Licences, the appropriate authorities having jurisdiction, the Chief of Police,
any provincial offences officer, or any agent or employee of such persons, may, at all
reasonable times, inspect or cause to be inspected the premises, facilities, equipment,
required records and other personal property used or kept in connection with the carrying on
of a business which is licensed or which is required to be licensed pursuant to this Chapter.
326.5.11 Property - of Corporation - no vested right
No person shall enjoy a vested or property right in any licence or in any right granted by a
licence, but such licence and such rights remain the property of the Corporation.
326.5.12 Destroyed - re-issue - duplicate - fee
In the event that a licence issued under this Chapter is lost or destroyed, the Clerk, upon
notice from the licensee and receipt of payment of the fee set out in Schedule 'B' attached
hereto, shall issue a duplicate of the original licence, upon which there shall be stamped or
marked the word "duplicate."
GENERAL PROVISIONS -LICENCES
326.5.13 Transfer - prohibited - exceptions
No licence shall be transferred except as follows:
(a) the licensee submits an application to transfer a licence to the Issuer of
Licences, which application shall include an application for a licence completed
by the proposed transferee;
(b) the proposed transferee meets all the requirements as set out by this Chapter
to acquire a licence; and
(c) the transferor surrenders his/her licence for the business at the time that the
licence is granted to the transferee.
326.5.14 Transfer - no refund
Where the transfer of a licence is permitted pursuant to this Chapter, the transferor shall not be
entitled to a refund of any part of the licence fee even where he/she surrenders the licence in
order to complete a transfer.
326.5.15 Transfer - administrative fee
An administrative fee, in an amount set out in Schedule 'B' attached hereto, shall be charged
for each transfer of a licence.
326.5.16 Expiry - March 31 - unless otherwise provided
Unless otherwise provided in this Chapter, every licence issued under this Chapter shall
expire on the 31st day of March in the calendar year following the calendar year in which it
was issued.
Article 6
TEMPORARY LICENCE
326.6.1 Licence - temporary - conditional
When the Issuer of Licences receives an application for a new, renewal, or transfer of a
business licence, he/she may issue a temporary licence to the applicant which temporary
licence shall list the specific requirements or conditions which must be fulfilled in order to
attain final approval.
326.6.2 Licence - temporary - expiry
A temporary licence issued pursuant to Section 326.6.1 shall expire within three months of
issuance unless otherwise determined by the Issuer of Licences and specifically indicated on
the temporary licence.
326.6.3 Licence - issue - meeting of conditions
Once the Issuer of Licences is satisfied that the applicant is entitled to a business licence, the
Issuer of Licences shall prepare and issue a licence to the said applicant and the temporary
licence shall be deemed to have automatically expired as of the date of the issuance of the
full licence.
Article 7
LICENCE - REFUSAL - SUSPENSION - REVOCATION
326.7.1 Refusal - issue - non-compliance
The Issuer of Licences shall refuse to issue a licence to any applicant who does not comply
GENERAL PROVISIONS -LICENCES
with the requirements of this Chapter.
326.7.2 Refusal - revocation - conduct
The Issuer of Licences may refuse to grant a licence to any applicant, or may revoke or
suspend a licence of any licensee, where the Issuer of Licences has reasonable cause to
believe that said applicant or licensee, including the officers, agents, directors, employees or
agents of the applicant or licensee where the applicant or licensee is a corporation, will not
carry on or engage in the business in accordance with the law or with honesty and integrity.
326.7.3 Refusal - revocation - previous non-compliance
In making the determination to refuse to issue or to revoke a licence pursuant to Section
326.7.2, the Issuer of Licences may take into consideration the licensee or applicant's past
breaches of this Chapter or failure to comply with the requirements of other applicable by-
laws of the City of Brantford or of any local board thereof, or failure to comply with any statute,
order-in-council, or regulation of the Provincial Legislature or the Parliament of Canada, or of
any agency, board or commission thereof, in, upon or in connection with the licensed
activity and/or the premises, facilities, equipment, and other personal property used or kept in
connection with the business.
326.7.4 Suspension - immediate danger - health and safety
The Issuer of Licences may, without a hearing, suspend a licence for a period not to exceed
fourteen days, upon providing the licensee with written or verbal reasons for the suspension,
where, in the sole opinion of the Issuer of Licences, the continuation of the business poses an
immediate danger to the health or safety of any person or to any property.
326.7.5 Operation - under suspension - revocation - prohibited
No person shall engage in or continue to conduct, or permit any person to engage in or
continue to conduct, any business for which a licence is required under this Chapter while
such licence is suspended or revoked under the provisions of this Chapter.
326.7.6 Suspension - immediate danger - reinstatement
Where the Issuer of Licences suspends a licence in accordance with Section 326.7.4, the
Issuer of Licences shall provide the licensee with a list of conditions which the licensee must
satisfy in order to bring the li- censed activity into compliance with this Chapter and, upon
satisfaction of the conditions, the licence shall be reinstated by the Issuer of Licences.
326.7.7 Suspension - immediate danger - revocation
Where the Issuer of Licences suspends a licence in accordance with Section 326.7.4 and the
licensee fails or refuses to satisfy the conditions provided by the Issuer of Licences in
accordance with Section 326.7.6, the Issuer of Licences shall revoke the licence within
fourteen days of the suspension of the licence, due to failure to comply with the provisions of
this Chapter.
326.7.8 Refusal - notice - grounds - appeal - limitation
Where the City Clerk refuses to issue a licence to any applicant, or where the City Clerk
revokes the licence of any licensee, the City Clerk shall notify the applicant or the licensee, as
the case may be, in writing of such decision. Said notice shall set out the grounds upon
which the issuance of the licence is refused, or upon which the licence is revoked, and shall
state that the applicant or the licensee may appeal such decision by filing an appeal with the
Issuer of Licences within fourteen days as set out in this Chapter.
GENERAL PROVISIONS -LICENCES
326.7.9 Appeal - in writing - to City Clerk
Where the Issuer of Licences refuses to grant a licence or revokes a licence under this
Chapter, the applicant or licensee may submit an appeal of this decision to the City Clerk by
submitting Schedule C in writing within fourteen days of being notified of the decision of the
Issuer of Licences. By-law 86-2025; August 26, 2025
326.7.10 Appeal - procedures
Upon receipt of an appeal from the applicant or the licensee, the City Clerk shall add the
appeal to the agenda of the next available Appeal Committee meeting; By-law 86-2025,
August 26, 2025
Article 8
APPEAL - COMMITTEE - COUNCIL - AUTHORITY
Repealed: By-law 86-2025, August 26, 2025
Article 9
ENFORCEMENT
326.9.1 Fine - for contravention
Every person who contravenes any provision of this Chapter or any of the Schedules to which
this Chapter applies, is guilty of an offence and shall, upon conviction thereof, forfeit and pay a
penalty pursuant to the provisions of the Provincial Offences Act, as amended.
326.9.2 Fine - inspection - prevented
Any person who refuses to allow the carrying out of an inspection authorized pursuant to
Section 326.5.10 of this Chapter is guilty of an offence and shall, upon conviction thereof,
forfeit and pay a penalty pursuant to the provisions of the Provincial Offences Act, as
amended.
326.9.3 Authority - municipal - provincial officers
The provisions of this Chapter shall be enforced by municipal by-law enforcement officers, by
any provincial offences officers, and by police officers of the Brantford Police Service.
326.9.4 Prohibition order - municipality
Pursuant to the provisions of section 444 of the Municipal Act, 2001, S.O. 2001, c. 25, where
the Corporation is satisfied that a contravention of this Chapter has occurred, the Corporation
may make an order requiring the person who contravened this Chapter, or who caused or per-
mitted the contravention, or the owner or occupier of the land on which the contravention
occurred, to discontinue the contravening activity. Any person who fails to comply with an
order under this section is guilty of an offence and shall, upon conviction, forfeit and pay a
penalty pursuant to the provisions of the Provincial Offences Act, as amended.
326.9.5 Prohibition order - courts
Where a person has been convicted of an offence under this Chapter, the Ontario Court of
Justice (Provincial Offences Court) in Brantford, or any court of competent jurisdiction
thereafter, may, in addition to any other penalty or order imposed, make an order prohibiting
the continuation or repetition of the offence of the doing of any act or thing by the person
convicted, directed toward the continuation of the repetition of the offence.
GENERAL PROVISIONS -LICENCES
326.9.6 Restraining order
Pursuant to the provisions of section 440 of the Municipal Act, 2001, S.O. 2001, c. 25, in
addition to any other remedy and to any penalty imposed by this Chapter the contravention
of this Chapter may be re- strained by action or application at the instance of the City.
326.9.7
Designated Bylaw
This Bylaw is a designated bylaw under the Corporation of the City of Brantford Administrative
Penalty Bylaw. By-law 90-2026, 28 July, 2026.
326.9.8
Issuance
Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended, for a breach of any provision of this By-law, an officer may issue an administrative
penalty to the person who has contravened this By-law. By-law 90-2026, 28 July, 2026.
326.9.9
Officer Discretion
The Officer has the discretion to either proceed by way of an administrative penalty or a
charge laid under the Provincial Offences Act, R.S.O. 1990, Chapter P.33. If a person is
required by a municipality to pay an administrative penalty in respect of a contravention of this
By-law, the person shall not be charged with an offence in respect of the same contravention.
By-law 90-2026, 28 July, 2026.
326.9.10
Fine Amount
The amount of the administrative penalty for a breach of a provision of this By-law, issued
under this By-law, is fixed as set out in the Corporation of the City of Brantford's
Administrative Penalty By-law as amended, or any successor By-law. By-law 90-2026, 28
July, 2026.
326.9.11
Procedure
A person who is issued an administrative penalty shall be subject to the procedures as
provided for in the Corporation of the City of Brantford's Administrative Penalty By-law as
amended, or any successor By-law. By-law 90-2026, 28 July, 2026.
326.9.12
Non-payment
An administrative penalty imposed on a person pursuant to this By-law that is not paid within
15 days after the day it becomes due and payable, constitutes a debt of the person to the
Corporation of the City of Brantford and may be added to a municipal tax roll and collected in
the same manner as municipal taxes. By-law 90-2026, 28 July, 2026.
326.9.13
Obstruct Officer
No person shall prevent, hinder or obstruct, or attempt to hinder or obstruct an Officer who is
exercising a power or performing a duty under this Bylaw. By-law 90-2026, 28 July, 2026.
Article 10
REPEAL - ENACTMENT
326.10.1 By-laws - previous
Chapters 326, 330, 338, 350, 357, 358, 360, 369, 370, 373, 374, 379, 381, 382, 384 of the
City of Brantford Municipal Code, and all amendments thereto, are hereby repealed, but all
licences heretofore issued shall, during the period for which the same have been issued,
GENERAL PROVISIONS -LICENCES
remain in full force and effect unless for other reasons the same are suspended or revoked,
provided that such repeal shall not affect any offence commit- ted against the said by-laws or
Chapters mentioned in this Section or any penalty incurred in respect thereof, or any
investigation, legal proceeding or remedy thereunder, and any such investigation, legal
proceeding or remedy may be continued or enforced and any such penalty may be imposed
as if the said by-laws and amendments had not been repealed.
326.10.2 Effective date
This Chapter shall come into effect immediately upon passage. By-law 115-2013, 18
November, 2013; Appendix 'A'.
GENERAL PROVISIONS -LICENCES
Schedule 'A-1'- Amusement Arcade
Title
Amusement Arcades
Applicable
Licence
Amusement Arcade
Exceptions
N/A
Reasons for
licensing
Consumer Protection
Health and Safety
Interpretation
For the purposes of this Schedule, the following words shall have
the following meanings:
"amusement arcade" means any place, other than premises
licensed pursuant to the Liquor Licence Act, where four or more
amusement devices are provided and a fee is charged for their
use in any manner whatsoever; and
"amusement device" means any machine, device, or contrivance
for playing any game of chance or skill or of mixed chance and
skill which is used to afford entertainment or amusement to the
player of the device and, without limiting the generality of the
foregoing, includes what is commonly known as a pinball game,
an electronic game and a video game, but does not include pool
tables, billiard tables and bowling alleys, table games or slot
machines.
Additional
Application
Requirements
The applicant shall submit to the Issuer of Licences a floor plan
showing the location of all amusement devices.
Additional
Application
Circulation
Criteria
New Application
Chief Building Official
Chief of Police
Chief Fire Official
Renewal
Chief of Police
Special Licence
Requirements
In addition to the general provisions set out in the Chapter to
which this Schedule applies, the following special conditions apply
to every amusement arcade:
1. No person shall operate or maintain the business of an
amusement arcade within the City of Brantford without first
having obtained a licence from the Issuer of Licences to do so.
2. The licensee shall ensure that an employee of the licensee
who has attained the age of majority is present to supervise the
use of the amusement arcade whenever the amusement
arcade is open to the public.
GENERAL PROVISIONS -LICENCES
3. The licensee shall keep adequate waste receptacles
accessible to the users of the amusement arcade and shall
ensure that the premises are maintained in a clean and in a
sanitary condition at all times.
4. The licensee shall ensure that every part of the amusement
arcade has sufficient lighting, in accordance with the (Ontario)
Building Code, to permit the safe use of the amusement arcade
by the public.
5. Every licensee shall ensure that there are no payoffs, betting or
the offering of any article or thing as prizes at the amusement
arcade in contravention of the Criminal Code of Canada.
6. The licensee shall ensure that the amusement arcade remains
closed on any day which is a holiday under the Retail Business
Holidays Act, except between the hours 1 p.m. and 9 p.m.
(local time); and on any other day except between the hours of
11 a.m. and 11 p.m. (local time).
By-law 115-2013, 18 November, 2013; Schedule 'A-1'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-2'- Food Premises
Title
Food Premises
Applicable
Licence
Eating Establishment
Food Shop
Food Vending Machine
Exceptions
This Schedule shall not apply to the
following:
(a) a residential dwelling where food is
prepared
or
served
solely
for
consumption by the occupant, and/or
his or her family, employees or
guests;
(b) outdoor food premises;
(c) lodging houses;
(d) churches, service clubs and fraternal
organizations that:
i.
prepare and serve meals for
special events and fellowship
solely for their members and
invited guests; or
ii.
do not receive any form of
monetary compensation from
other groups or the general
public
from
the
sale
of
prepared and served meals;
(e) organizations,
institutions,
or
individuals that prepare and serve
food at a community festivals or
community event;
(f) assisted meal programs; or
(g) the sale of pre-packaged candy,
chips and pop.
Reasons for
licensing
Consumer Protection
Health and Safety
GENERAL PROVISIONS - LICENCES
Interpretation
For the purposes of this Schedule, the
following words shall have the following
meanings:
"assisted meal program" means a program
offered on a regular basis by a non-profit
organization which offers a meal free of
charge,
or
for
a
nominal
fee,
to
marginalized
populations,
which
may
include individuals, families, or seniors,
which program is administered primarily by
volunteers who may receive assistance
from
paid
staff
of
the
non-profit
organization;
"dwelling" means a building or portion
thereof, occupied or capable of being
occupied as a home, residence or sleeping
place by one or more persons but shall not
include a hotel, motel or inn;
"eating establishment" means a premises
where food, or drink, or both, is prepared
and offered for retail sale and where
facilities are provided for the consumption
of said food on the premises. For the
purposes of this Schedule, an eating
establishment shall fall into one of the
following three categories:
Category 1 = seating capacity of 30
or fewer;
Category 2 = seating capacity of 31-
150, inclusive; or
Category 3 = seating capacity of
more than 150;
"food
premises"
includes
eating
GENERAL PROVISIONS - LICENCES
establishments, food shops, and food
vending machines;
"food shop" means any place wherein food
and drink intended for human consumption
are made for sale, offered for sale, stored or
sold, but is not intended to be a place
where food and drink are consumed on the
premises, but shall not include an outdoor
food premises;
"food vending machine" means any self-
service device that upon insertion of a coin,
coins or tokens automatically dispenses unit
services of food either in bulk or package
form; and
"outdoor
food
premises"
includes
a
refreshment
cart,
ice
cream
vending
vehicle, chip hut, extended menu chip hut,
and catering vehicle, which is licensed by
the Corporation.
Additional
Application
Requirements
Every application for a licence pursuant to
this Schedule shall include the following:
(a) the proposed location of every food
vending machine for which a licence
is required, and
(b) written consent from the owner of the
property at which the food vending
machine will be located that said
food vending machine is permitted
on the proposed location set out in
paragraph (a) above.
Additional
New
Renewal
GENERAL PROVISIONS - LICENCES
Application
Circulation
Criteria
Chief Building Official
Chief Fire Official
Medical Officer of
Health
Chief Building
Official
Chief Fire Official
Medical Officer of
Health
Special
Licence
Requirements
In addition to the general provisions set out
in the Chapter to which this Schedule
applies, the following special conditions
apply to every food premises:
1. No person shall operate or maintain the
business of a food premises within the
City of Brantford without first having
obtained one or more licences from the
Issuer of Licences to do so.
2. Each food vending machine will be
issued a yearly identification sticker by
the Issuer of Licences, which sticker
shall be affixed to the food vending
machine, in a visible location, by the
licensee.
3. The licensee shall ensure that his or her
business complies and continues to
comply with any regulations published
under
the
Health
Protection
and
Promotion Act respecting food premises
for as long as any licence that is issued
to him or her under this Schedule
remains in effect.
4. The licensee shall keep posted, in a
conspicuous location visible to patrons,
the most recent inspection notice and
report issued by the Medical Officer of
Health
for
the
food
shop,
eating
establishment, or food vending machine,
as the case may be.
GENERAL PROVISIONS - LICENCES
By-law 115-2013, 18 November, 2013; Schedule 'A-
2'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-3'- General Building Trades
Title
General Building Trades
Applicable
Licence
Building Trade
Exceptions
This Schedule shall not apply to the
following:
(a) a person holding a valid registration
with the Tarion Warranty
Corporation for work performed in
pursuit of a building trade, and
where said person provides proof of
said valid registration to the Issuer
of Licences;
(b) a person who solely does work at
his or her own place of residence
for his or her own benefit and not
for hire;
(c) a person solely carrying out work in
a building trade in relation to the
construction of a commercial,
industrial, or institutional building
and who is supervised by a
professional engineer or an
architect licensed to practice in the
Province of Ontario; or
(d) a person solely carrying out work in
a building trade who is supervised
and employed by a person licensed
pursuant to this Schedule.
Reasons for
licensing
Health and Safety
Consumer Protection
Interpretation
For the purposes of this Schedule, the
following words shall have the following
meanings:
"building trade" means any one of the
following trades, whether performed as
new construction or as repairs,
renovations, or reconstruction: roofing,
eavestrough, fascia, and soffits, siding
installation, exterior window installation,
exterior door installation, driveway paving
and driveway sealing.
GENERAL PROVISIONS - LICENCES
Additional
Application
Requirements
Every application for a licence pursuant to
this Schedule shall include the following:
(a) a list of vehicles, along with licence
plate numbers for said vehicles, use
in connection with the building trade;
(b) every applicant, with the exception
of driveway pavers/sealers, shall
provide proof to the Issuer of
Licences that the applicant has
obtained and will maintain public
liability
and
property
damage
insurance with a policy limit of not
less
than
$2,000,000
per
occurrence; and
(c) every
applicant
who
performs
driveway
paving/sealing
shall
provide proof to the Issuer of
Licences that the applicant has
obtained and will maintain public
liability
and
property
damage
insurance with a policy limit of not
less
than
$2,000,000
per
occurrence with The Corporation of
the City of Brantford included as an
additional insured on the policy.
Additional
Application
Circulation
Criteria
New
None
Renewal
None
Special
Licence
Requirements
In addition to the general provisions set out
in the Chapter to which this Schedule
applies, the following special conditions
apply to every general building trade:
1. No person shall carry on the business
of a building trade within the City of
Brantford without first having obtained
one or more licences from the Issuer of
Licences to do so.
2. Every licensee shall be photographed
by the Issuer of Licences, or his/her
designate, and shall be issued a photo
identification card. Every licensee shall
carry said card with him or her at all
GENERAL PROVISIONS - LICENCES
times while engaged in his or her
business and shall promptly produce
said card upon demand by any
Inspector.
3. The Issuer of Licences shall issue a
hang tag for each vehicle described in
the application and used in connection
with the building trade, which hang tag
shall contain the licence number and
shall be displayed in a prominent
location, visible from the exterior of the
applicable vehicle, at all times.
4. The licensee shall maintain the
insurance listed in the application, to
the satisfaction of the Issuer of
Licences, and shall notify the Issuer of
Licences immediately should there be
any change in said policies that would
affect the coverage required pursuant
to this Schedule.
By-law 115-2013, 18 November 2013; Schedule 'A-3'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-4'- Lodging House
Title
Lodging House
Applicable
Licence
Lodging House
Interpretation
For the purposes of this Schedule, the following words shall have
the following meanings:
"dwelling" means a building or portion thereof, occupied or capable
of being occupied as a home, residence or sleeping place by one
or more persons, containing one or more dwelling units;
"dwelling unit" means a room or series of rooms, separate and
independent from any other dwelling unit in the same building or
an adjacent building, usually containing cooking, eating, living,
sleeping and sanitary facilities, used or intended to be used as a
domicile by one or more persons who:
(a) share occupancy of the dwelling unit;
(b) have the right to exercise, or do exercise control, over the
common areas of the dwelling unit, including but not limited
to the right to determine acceptable uses of the common
areas;
(c) make decisions collectively; and
(d) who share in housekeeping responsibilities for the dwelling
unit;
"lodging house" means any building or portion thereof containing
one or more lodging units and which may contain a dwelling unit in
addition to the lodging unit(s);
"lodging unit" means one or more rooms designed or intended to
be used for sleeping accommodations provided to five (5) or more
persons in return for remuneration or for the provision of services
or both, and which may contain washroom facilities or kitchen
facilities, but not both, and shall not include a dwelling unit; and
"operator" means a person who, alone or with others, operates,
manages, supervises, runs, oversees, or controls a lodging house,
and, without restricting the generality of the foregoing, may include
the owner of the lodging house.
Exceptions
This Schedule shall not apply to the following:
(a) hotels, motels, and resorts;
(b) hospitals, nursing homes, hospices, homes for the young or
aged, retirement homes, correctional homes, crisis
GENERAL PROVISIONS - LICENCES
residences or other institutions that are licensed, approved
or supervised under any act, including any regulation
thereunder, of the federal or provincial government; or
(c) group homes that are licensed under a provincial or federal
statute.
Reasons for
licensing
Health and Safety
Consumer Protection
Additional
Application
Requirements
Every application for a licence pursuant to this Schedule shall
include the following:
(a) the applicable zoning of the premises in respect of which a
licence is sought;
(b) the name, address and telephone number of the manager
of the premises and of the applicant;
(c) the number of lodging units contained in the lodging house;
(d) the number of dwelling units also contained in the lodging
house, if any;
(e) the maximum number of residents to be accommodated in
the units set out in (2) and (3) above;
(f) the number of bath tubs, showers, sinks, water closets and
washbasins available for use by the residents;
(g) the types of meals to be served, if any;
(h) the maximum seating capacity for meals;
(i) a floor plan of the premises, including dimensions and the
proposed use of each room;
(j) a certificate, signed by a local inspector of the Electrical
Safety Authority, certifying that the electrical wiring has
been inspected and is satisfactory to the inspector, which
certificate shall be provided at the time of the initial
application and every three years thereafter;
(k) a statement from the Medical Officer of Health that, in his or
her opinion, the building complies with all applicable health
regulations and guidelines;
(l) a copy of the emergency plan required pursuant to this
Schedule; and
(m)a copy of the completed lodging house questionnaire
required pursuant to this Schedule.
Additional
Application
Circulation
Criteria
New
(a) Chief Building Official
(b) Chief Fire Official
(c) Medical Officer of Health
(d) Chief of Police
Renewal
(a) Chief Building Official
(b) Chief Fire Official
(c) Medical Officer of Health
(d) Chief of Police
In addition to the general provisions set out in the Chapter to
GENERAL PROVISIONS - LICENCES
Specific Licence
Requirements
which this Schedule applies, the following special conditions apply
to every lodging house:
1. No person shall operate or maintain a lodging house within the
City of Brantford without first having obtained a licence from
the Issuer of Licences to do so.
2. No person shall occupy or permit anyone to occupy any
lodging house in excess of its authorized capacity as
determined by the Fire Chief or his or her designate.
3. The applicant or licensee, as the case may be, shall notify the
Issuer of Licences immediately should there by a change in
any of the information provided to the Issuer of Licences
pursuant to this Schedule or the Chapter to which this
Schedule is attached.
4. The applicant or licensee, as the case may be, shall provide to
the Issuer of Licences copies of all current leases, tenancy
agreements, and licences, and all amendments and updates
thereto, applicable to the lodging house, upon request of the
Issuer of Licences.
5. No construction, renovation, alteration, or addition of any
lodging house may be carried out except in compliance with
this Schedule and the Chapter to which this Schedule is
attached.
6. A lodging house questionnaire, in the form approved by the
Issuer of Licences, shall be provided to each new resident
upon admission, completed by said resident, updated as
required, and filed with the Issuer of Licences within thirty days
of said resident being admitted to the lodging house.
7. No gas, oil, wood kerosene or coal heat providing units of any
kind shall be installed in any room used for sleeping purposes
and no person shall use, or permit to be used for sleeping
purposes, any room containing such appliance.
8. All electrical wiring shall comply with the requirements of the
Canadian Electrical Code and the Ontario Hydro Electrical
Safety Code Supplement.
9. No person shall prepare or cook food for human consumption
in any area other than a kitchen.
10. Every kitchen in a lodging house which has an authorized
capacity of more than nine (9) persons shall comply with the
following standards:
GENERAL PROVISIONS - LICENCES
a. all floor and floor coverings shall be tight-fitting, smooth
and composed of non-absorbent materials;
b. all walls and ceilings shall be covered with material that
is readily cleanable;
c. a mechanical exhaust system, vented to the outside air,
shall be provided over all cooking equipment;
d. dishwashing shall be carried out in accordance with
Ontario Food Premise Regulations;
e. all refrigeration units shall be operable and capable of
maintaining a temperature of 5 degrees Celsius (40
degrees Fahrenheit) at all times;
f. all foods shall be stored on racks or shelves that are not
less than 15 cm (5.875 inches) above the floor.
11. Every kitchen in a lodging house which has an authorized
capacity of more than nine (9) persons shall comply with
Ontario Regulation 562, as amended from time to time, made
under the Health Protection and Promotion Act.
12. Where meals are provided at the lodging house:
a. meals shall conform to Canada's Food Guide with the
goal of providing food that is nutritional and essential for
good health;
b. residents with special dietary needs, as defined by their
health care provider, shall be provided with meals that
meet these needs; and
c. a weekly menu plan shall be posted and said menu
plans shall be dated and retained for a period of thirty
days and shall be produced to an inspector upon
request.
13. Sleeping accommodation shall be provided with a minimum of
16.99 cubic meters (600 cubic feet) of air space and 6.97
square meters (75 square feet) of floor space for each person,
with the capacity of the lodging house to be determined on this
basis. For greater certainty, no account shall be taken of areas
designated or used for dining, sitting, recreation, food
preparation, storage or laundry purposes, or a cellar, in
determining the area to be used for sleeping purposes.
14. There shall at all times be an adequate supply of potable
water, hot and cold, which meets the requirements of the
current Ontario Drinking Water Standards, as amended from
time to time.
15. Sanitary facilities shall be provided in accordance with the
Ontario Building Code and, where persons with disabilities are
admitted as residents, shall be of a type that is suitable and
accessible for use by persons with disabilities, including
wheelchair accessible.
GENERAL PROVISIONS - LICENCES
16. Rubbish and garbage shall be stored in receptacles which are
insect and rodent proof, water tight, provided with a tight-fitting
cover, and maintained in a clean condition.
17. Records shall be maintained for all residents, which records
shall include the name, date of birth, emergency contact, and
necessary medical history. Said records shall be kept and
maintained in accordance with applicable privacy legislation
and shall be produced to the Issuer of Licences upon request.
18. An emergency plan, detailing procedural steps to be taken by
the operator and/or staff to summon assistance and ensure
safety of the residents shall be prepared, circulated to all
residents of the lodging house, and posted in visible location in
a common area of the lodging house.
19. All prescription and non-prescription drugs to be administered
by the operator shall be kept in one or more locked cabinets
and made available to only those residents for whom they have
been prescribed. A record shall be kept on the name, dosage
and time and date of the administration of all prescribed and
non-prescribed medication.
20. Unused and/or outdated medication shall be returned to the
pharmacist or supplier or shall be disposed of in accordance
with the City of Brantford's household hazardous waste
collection program.
21. Used needles shall be discarded in an appropriate bio-
hazardous container immediately after use.
22. Where one or more residents of the lodging house are
dependent upon or has contracted with the operator for any
level of care, there shall be at least one adult (19 years of age
or older) staff member on duty on a 24 hours basis.
By-law 115-2013, 18 November; Schedule 'A-4'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-5'- Food Service Vehicles
Title
Food Service Vehicles
Applicable
Licence
Food Cart
Food Truck/Trailer
Food Service Vehicle 3 Day Event - Food Cart
Food Service Vehicle 3 Day Event - Food Truck/Trailer
Exceptions
This Schedule shall not apply to the following:
(a) churches, service clubs and fraternal organizations that:
i.
prepare and serve meals for special events and
fellowship solely for their members and invited
guests; or
ii.
do not receive any form of monetary compensation
from other groups or the general public from the sale
of prepared and served meals;
(b) assisted meal programs;
(c) the sale of pre-packaged candy, chips and pop.
Reasons for
licensing
Health and Safety
Consumer Protection
Interpretation
For the purposes of this Schedule, the following words shall have
the following meanings:
"Special Event" shall mean an event which is being held either as
a community, social, sporting, or cultural group celebration, a
grand opening of a commercial business, or other similar event,
such event being acceptable to the Issuer of Licenses. The
duration of the event shall not exceed 3 consecutive days.
"Food Cart" shall mean a vehicle not permanently affixed to the
ground and capable of being moved on a daily basis, from which
food intended for immediate consumption is provided for sale or
sold, and includes a vehicle moved by human effort (i.e. food cart).
"Food Service Vehicle" shall mean a vehicle not permanently
affixed to the ground and capable of being moved on a daily basis,
from which food intended for consumption is provided for sale,
sold or is prepared, and includes a motorized, self-propelled
vehicle (i.e. food truck), a vehicle that is not self-propelled, but can
be towed (i.e. food trailer) and a vehicle moved by human effort
(i.e. food cart). Food Service Vehicles include, but are not limited
to such uses as catering vehicles, chip hut, food trucks, ice cream
vending vehicle, and refreshment carts".
"Food Service Vehicle Special Event Licence" shall mean a
GENERAL PROVISIONS - LICENCES
business licence variant for a Food Cart and/or a Food
Truck/Trailer that is valid for a 120 day period.
"Food Truck/Trailer" shall mean a vehicle not permanently affixed
to the ground and capable of being moved on a daily basis, from
which food intended for immediate consumption is provided for
sale or sold, and includes a motorized self-propelled vehicle (i.e.
food truck), a vehicle that is not self-propelled, but can be towed
(i.e. food trailer).
Additional
Application
Requirements
Every application for a licence pursuant to this Schedule shall
include the following:
(a) A description of the vehicle or cart sufficient to permit the
issuer of licenses to ascertain whether the vehicle or cart
complies with the provisions of this Schedule
(b) A list of the names, addresses and ages and a photocopy
of each birth certificate or driver's licence, for every
operator or employee of the applicant engaged in the
business for which a licence is required pursuant to this
Schedule
(c) Full address of every location where a Food Service
Vehicle used in the operation of the business is stored
(d) A sketch of the site to be used in the operation of any Food
Service Vehicle along with a letter from the owner of the
property on which the Food Service Vehicle is to be located
demonstrating that the applicant has permission from the
owner of said property to locate said business at the
proposed site;
(e) Where the application is for a Food Service Vehicle 3 Day
Event, the applicant is to submit a letter from the event
organizer demonstrating participation in said event. The
issuer of licenses may also request a sketch of the layout
from the event organizer covering the entire event area;
(f) Where propane is used in the operation of an Food Service
Vehicle, the applicant shall provide to the Issuer of Licenses
a current report of inspection from the Technical Standards
and Safety Authority verifying that the equipment is in good
working order
(g) A driver's licence and proof of automobile insurance for
every operator of a Food Truck
Additional
Application
Circulation
Criteria
New
Chief Building Official
Chief Fire Official
Medical Officer of Health
Manager of Transportation (If
nec.)
Renewal
Chief Building Official (If nec.)
Chief Fire Official
Medical Officer of Health
Manager of Transportation (If
nec.)
GENERAL PROVISIONS - LICENCES
Special License
Requirements
In addition to the general provisions set out in the Chapter to
which this Schedule applies, the following special conditions apply
to every Food Service Vehicle that is a new or renewal annual
licence:
Distance Location Requirements
(a) Distance From a Food Premise - 45 metres from the
property line
(b) Distance From a School - Minimum 100 metres of a school
between 7am and 5pm
(c) Distance from a Recognized City of Brantford S.E.A.T
Event - Within 100 metres of boundary
Additional Requirements
(a) No person shall operate or maintain the business of a Food
Service Vehicle within the City of Brantford without first
obtaining one or more licenses from the Issuer of Licenses
to do so.
(b) The licensee shall maintain the Food Service Vehicle in
good repair and appearance, shall provide a refuse
container, and shall clean all litter from the area within a
radius of 9 metres (29.5 feet) from the Food Service
Vehicle.
(c) The licensee shall label each Food Service Vehicle with a
unique identification number assigned and provided by the
Issuer of Licenses and shall be affixed to the vehicle by the
licensee in a clearly visible location.
(d) The licensee shall ensure that his or her business shall at
all times comply with the Health Protection and Promotion
Act and the regulations, associated protocols and
guidelines thereunder pertaining thereto.
(e) Where a Food Service Vehicle is not connected to City's
sanitary sewers, the licensee is responsible for the removal
of all liquid waste to an off-site location and the disposal of
said waste into an appropriate sanitary sewer system,
particularly:
a. used oil shall be properly disposed using a contractor
with an appropriate licence, and
b. liquid waste or used oil shall not be disposed into a
catch basin or any connection to storm sewer system.
(f) The licensee shall ensure that all commercial cooking
equipment used in the operation of a Food Truck is fitted
with working exhaust and fire protection systems which are
maintained in conformance with NFPA 96, "Standard for
Ventilation Control and Fire Protection of Commercial
Cooking Operations". The edition of NFPA 96 to be utilized
will be that which is referenced in the current edition of the
Ontario Fire Code
GENERAL PROVISIONS - LICENCES
(g) The licensee shall ensure that instructions for manually
operating
all
fire
protection
systems
are
posted
conspicuously in the cooking area of every Food Service
Vehicle.
(h) Where Food Service Vehicles are permitted, they shall not
remain on any site except between the hours of 9 a.m. and
9 p.m., and Food Carts must be removed from the lot after
closing each day. Special permission for earlier hours may
be granted for approved farmers' market and overnight
parking may also be granted with special permission.
(i) Every Food Truck/Trailer shall be maintained in safe
working order in accordance with the requirements of the
Highway Traffic Act applicable to the use of vehicles on
roads and highways in the Province of Ontario.
Other
(a) No selling to the public on residential streets for longer
than 15 minutes.
(b) No selling to the public for longer than three hours on all
other roads (with exception for event purposes only).
Licensee must obey all parking time restrictions.
(c) No person shall operate a Food Service Vehicle business;
on a private property line without consent of the owner; or
in a residential or industrial area in a manner that interferes
with normal use of sidewalks by pedestrians
(d) A renewal Food Service Vehicle 3 day Event Licence may
be obtained past the first initial 120 days within the same
licensing year and is valid for an additional 120 day cycle.
Special Event Time Period - Effective Until September 30 2018
Special events are to include operations that may be of a weekly
or biweekly occurrence at a single location and are subject to a
licence period that does not exceed September 30 2018. In order
to achieve Special Event status the Food Carts and/or Food
Trucks that are participating at the weekly or biweekly event are
not to participate in consecutive events at the same location (must
rotate participation). All other Special Event licence requirements
remain.
By-law 67-2018, 24 April, 2018.
GENERAL PROVISIONS - LICENCES
Schedule 'A-6' - Pawnbroker
Title
Pawnbroker
Applicable
Licence
Pawnbroker
Exceptions
None
Reasons for
licensing
Consumer Protection
Interpretation
For the purposes of this Schedule, the
following words shall have the following
meanings:
"pawnbroker" means a person who carries
on the business of taking, by way of pawn
or pledge, any article for the repayment of
money lent thereon.
Additional
Application
Requirements
None
Additional
Application
Circulation
Criteria
New
Chief Building
Official
Chief of Police
Renewal
Chief Building
Official
Chief of Police
Special
License
Requirements
In addition to the general provisions set out
in the Chapter to which this Schedule
applies, the following special conditions
apply to every pawnbroker:
1. No person shall operate or maintain the
business of a pawnbroker within the
City of Brantford without first having
obtained a licence from the Issuer of
Licences to do so.
2. Every licensee shall comply with the
requirements of the Pawnbrokers Act,
as amended, and shall provide security
to the Issuer of Licences in the sum of
$2,000 for the due observance by him
or her of said Act and shall report to the
Chief of Police, all as required by said
Act.
GENERAL PROVISIONS - LICENCES
By-law 115-2013, 18 November, 2013; Schedule 'A-6'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-7'- Temporary Sales
Title
Temporary Sales
Applicable
Licence
Pedlar
Pedlar Operator
Specific Location Temporary Sales
Exceptions
This Schedule shall not apply to the following:
(a) hawking, peddling or selling goods, wares, services or
merchandise:
i.
to wholesale or retail dealers in similar goods, wares,
services or merchandise;
ii.
if the goods, wares or merchandise are grown,
produced or manufactured in Ontario and are
hawked, peddled or sold by the grower, producer or
manufacturer or their agent or employee having
written authority to do so, in the municipality in which
the grower, producer or manufacturer resides;
iii.
if the goods, wares or merchandise are grown or
produced by a farmer resident in Ontario who offers
for sale or sells only the produce of his or her own
farm; or
iv.
by persons who only sell milk or cream or fluid milk
products to the consumer or to any person for resale.
(b) organizations or individuals operating a merchandise
display cart at a community festival, community event, trade
show, home and garden show, or a craft show.
Reasons for
licensing
Consumer Protection
Nuisance Control
Interpretation
For the purposes of this Schedule, the following words shall have
the following meanings:
"merchandise display cart" means a vehicle or other cart or display
stand located on a lot from which goods, wares, services or
merchandise, other than food, are offered for sale to the public,
but shall not include an ice cream vending vehicle or catering
vehicle;
"pedlar" means a person who goes from place to place selling or
offering for sale a service of any kind or any goods, wares,
merchandise or any other item or who carries and exposes
samples,
patterns
or
specimens
of
any
goods,
wares,
merchandise or any item which is intended to be delivered in the
municipality afterwards;
GENERAL PROVISIONS - LICENCES
"pedlar operator" means a person who employs or supervises one
or more pedlars and may include a pedlar;
"temporary sales" includes a pedlar, pedlar operator, and specific
location temporary sales; and
"specific location temporary sales" means any business that is
operated by a person who sells or proposes to sell goods, wares,
services or merchandise, from a specific, temporary location within
the City of Brantford, and such sales may be either direct or by
way of sample or catalogue for delivery later, and may include, but
is not limited to, the sale of fireworks, rugs, art work, blankets,
flags, and costumes.
Additional
Application
Requirements
Every application for a licence pursuant to this Schedule shall
include the following:
(a) for specific location temporary sales:
i.
a letter of consent from the property owner on which the
specific location temporary sales are to take place; and
ii.
a site plan showing the location and description of any
merchandise display cart, waste receptacles, signs and
displays; and
(b) for pedlar operators: a list of all pedlars who are operating
under the applicant's supervision.
Additional
Application
Circulation
Criteria
New
Chief Building Official (specific
location temporary sales only)
Chief of Police
Renewal
N/A
Special Licence
Requirements
In addition to the general provisions set out in the Chapter to
which this Schedule applies, the following special conditions apply
to every temporary sales business:
1. No person shall operate or maintain any temporary sales
business within the City of Brantford without first having
obtained a licence from the Issuer of Licences to do so.
2. Every pedlar operator who is also a pedlar shall be issued one
pedlar's licence, free of charge, for his or her personal use
only, upon issuance of the pedlar operator licence pursuant to
this Schedule.
3. A specific location temporary sales licence shall be valid for a
maximum term of six consecutive days after which time it shall
automatically expire.
GENERAL PROVISIONS - LICENCES
4. No applicant or licensee may obtain a specific location
temporary sales licence within thirty days of receipt of a licence
for the same specific location temporary sales business.
5. No person under the age of fourteen shall be employed as a
pedlar, a pedlar operator, or as a vendor under the specific
location temporary sales licences.
6. Every pedlar shall be photographed by the Issuer or Licences
or his or her designate and issued a photo identification card
and shall display said photo identification card at all times.
7. The licensee shall clean all litter from the area which is within a
radius of 9.1 metres (30 feet) from the merchandise display
cart every day and shall maintain the merchandise display cart
to a standard acceptable to the Issuer of Licences.
8. Where the licensee employs a merchandise display cart in the
operation of the business, any sign relating to the business
shall be affixed to the merchandise display cart only, and the
area of the merchandise display cart shall not exceed 1.85
square metres (20 square feet).
9. Licensees who carry out specific location temporary sales shall
use the site indicated on his or her application only for the
operation of the licensed activity and for no other purpose
whatsoever.
10. The hours of operation of the specific location temporary sales
shall be within the hours of 8 a.m. to 10 p.m., and all
merchandise display carts must either be removed from the
site at the end of each business day or secured to protect
against theft and vandalism.
11. Charitable organizations which conduct annual fundraising
appeals in the City of Brantford shall be required to apply for
and obtain a licence pursuant to this Schedule but shall be
exempt from the requirement to pay any fees for said licence.
By-law 115-2013, 18 November, 2013; Schedule 'A-7'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-8'- Personal Service Settings
Title
Personal Service Settings
Applicable
Licence
Personal Service Setting
Exceptions
This Schedule shall not apply to medical procedures carried out at
a hospital or medical clinic regulated by the Province of Ontario.
Reasons
for
licensing
Health and Safety
Consumer Protection
Interpretation
For the purposes of this Schedule, the following terms shall have
the following meanings:
"body piercing" means the practice of inserting jewelry, ornaments
or other items not required for medical purposes into human
tissue, including but not limited to the ear, with a needle, ear-
piercing gun or other implement;
"electrolysis" means the practice of removing hair by conducting
an electric current through a needle that has been inserted into the
hair follicle;
"scarification" means the practice of cutting or abrading human
skin to bring about permanent scarring and includes the placement
of implants not required for medical purposes beneath the skin;
"personal service setting" means any premises where tattooing,
scarification, electrolysis, or body piercing or any combination
thereof is practised; and
"tattooing" means the practice of permanently depositing pigments
not required for medical purposes into human skin by the use of a
needle or other implement.
Additional
Application
Requirements
None
Additional
Application
Circulation
Criteria
New
Medical Officer of Health
Chief Building Official
Chief Fire Official
Renewal
Medical Officer of Health
Chief Building Official
Chief Fire Official
Special Licence
Requirements
In addition to the general provisions set out in the Chapter to
which this Schedule applies, the following special conditions apply
GENERAL PROVISIONS - LICENCES
to every personal service setting:
1. No person shall operate or maintain any personal service
setting within the City of Brantford without first having obtained
a licence from the Issuer of Licences to do so.
2. The licensee shall ensure that the personal service setting
shall continue to comply with any regulations, guidelines or
protocols published or recommended by Health Canada or the
Ontario Ministry of Health and Long Term Care, that pertain to
the personal service setting, for as long as any licence that is
issued to him or her under this Schedule remains in effect.
3. Every licensee shall keep posted, in a conspicuous place
clearly visible to members of the public, at or near the entrance
of the premises, the most recent inspection notice and report
issued by the Medical Officer of Health for the premises.
By-law 115-2013, 18 November, 2013; Schedule 'A-8'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-9'- Plumbing Trades
Title
Plumbing Trades
Applicable to
Plumber Contractor
Master Plumber
Sewer or Drain Contractor
Master Drain Layer
Exceptions
This Schedule shall not apply to the
following:
(a) an owner who may install plumbing
in a single-family dwelling occupied
or to be occupied by him or her,
provided he or she abides by all
rules and regulations pertaining to
plumbing under Province of Ontario
regulations for plumbing and sewers,
and the provisions of this Schedule;
(b) anyone who is employed as or acting
as a maintenance person while
working on the piping and fittings on
premises owned by or occupied by
the person by whom he or she is
employed;
(c) a person engaged in the business of
installing,
repairing,
or
servicing
water conditioners where the only
plumbing carried out is limited to the
following:
i.
the installer may alter the
water supply system to the
extent of providing a cold
water
supply
pipe,
not
exceeding 6 metres (20 feet)
in length, to the conditioner,
and
connecting
a
cold
conditioned water supply pipe
from the conditioner outlet to
the existing cold water supply
system;
ii.
a drain line may be installed
from
the
conditioner
to
discharge indirectly to a floor
drain, hub drain or plumbing
fixture; and
iii.
all work done is subject to
inspection
and
other
GENERAL PROVISIONS - LICENCES
requirements of relevant by-
laws, the Ontario Building
Code, and other applicable
law; or
(d) a person engaged in the business of
replacing service water heaters, as
defined in the Ontario Building Code,
provided all work done shall be
subject to inspection and other
requirements of relevant by-laws, the
Ontario Building Code, and other
applicable law.
Reasons for
licensing
Consumer Protection
Interpretation
For the purposes of this Schedule, the
following words shall have the following
meanings, except that all undefined words
in this Schedule shall be interpreted in a
manner consistent with their usage within
the Building Code Act, 1992:
"apprentice plumber" means an apprentice
as set out and described in the Ontario
College of Trades and Apprenticeship Act
and who is apprenticed as a plumber;
"drain work" includes the laying of metallic
or non-metallic pipe into trenches not within
a building to form sanitary or storm sewers,
storm
drainage
piping
and
storm
management systems, private sewers and
private water supply systems on private
property, repairing of drains or removing
tree roots and other obstructions from
sewers;
"Examination Board" means the persons
appointed
by
Council
to
conduct
examinations of applicants for the purposes
of determining eligibility for the master drain
layer's licence, and shall consist of one
Drain/Plumbing
Inspector,
the
Chief
Building Official, and any other person
designated by Council from time to time to
sit on the Examining Board;
GENERAL PROVISIONS - LICENCES
"journeyman plumber" means a person
other than a master plumber who is
employed in plumbing installation, holds a
certificate of qualification from the Province
of Ontario as a plumber, has acquired
sufficient skill and knowledge of the trade to
be considered a safe and responsible
plumber, and who performs plumbing work
as a livelihood for a plumbing contractor or
master plumber;
"Drain/Plumbing Inspector" means a person
or persons designate, from time to time, by
the Chief Building Official of the Corporation
to enforce any part or parts of this
Schedule;
"maintenance person" means a person
employed to maintain and keep in good
condition
the
plumbing,
sewage
and
drainage lines and to repair cocks, valves
and leaks within a building or upon
premises owned and/or used by his or her
employer and "maintenance" means to
preserve and keep said plumbing and
appurtenances in their present state and
not to add to or change their location;
"master drain layer" means a person who is
skilled in the planning and superintending
and installing of drain work, is familiar with
the laws, rules and regulations governing
same, has a regular place of business in
Ontario, and who alone, or by a person
under his or her supervision, performs drain
work;
"master plumber" means a person who
holds a certificate of qualification from the
Province of Ontario as a plumber, who is
qualified in the planning, superintending
and installation of plumbing, is familiar with
the laws, rules and regulations governing
the same, and who alone, or by journeyman
and/or apprentice plumbers under his or her
supervision, performs plumbing work;
"plumbing" means plumbing as used in the
Building Code Act, 1992;
GENERAL PROVISIONS - LICENCES
"plumbing contractor" means a person who
carries on a business of performing
plumbing work in the City, who employs at
least one master plumber who is not
carrying
on
any
separate
plumbing
business or work as a plumber, and may
include a master plumber; and
"sewer or drain contractor" means a person
who carries on a business of installing drain
work and/or pipes for the conveyance of
sewage outside of buildings, and who
employs at least one master drain layer,
and may include a master drain layer.
Additional
Application
Requirements
Every application for a licence pursuant to
this Schedule shall include the following:
(a) a
copy
of
the
certificate
of
qualification of every master plumber
and master drain layer employed in
the business;
(b) the full names of every apprentice
plumber,
journeyman
plumber,
master plumber, and master drain
layer employed in the business;
(c) proof that the applicant has obtained
and will maintain a commercial
general liability insurance policy with
a policy limit of not less than
$2,000,000 per occurrence; and
(d) a copy of the registration, licence
plate number, make and model of
every vehicle used in the business.
Additional
Application
Circulation
Criteria
New
Chief Building Official
Renewal
Chief
Building
Official
Special
Licence
Requirements
In addition to the general provisions set out
in the Chapter to which this Schedule
applies, the following special conditions
apply to every plumbing contractor, master
plumber, sewer or drain contractor and
master drain layer:
1. No person shall carry on the business of
a plumber contractor, master plumber,
GENERAL PROVISIONS - LICENCES
sewer or drain contractor, or master
drain layer, or any combination thereof,
within the City of Brantford, without first
having obtained one or more licences
from the Issuer of Licences to do so.
2. Without
limiting
the
generality
of
paragraph
1
above,
every
master
plumber who also carries on the
business of a plumbing contractor must
obtain a master plumber's licence as
well as a plumbing contractor licence
from the Issuer of Licences.
3. No plumbing or drains shall be installed
and no plumbing or drains shall be used
within the City of Brantford, except in
conformity with this Chapter, and with
Chapter 462 of the City of Brantford
Municipal Code and the Building Code,
as it applies to plumbing and sewers.
4. Each vehicle used in the operation of
the business will be assigned a yearly
identification hang-tag, which shall be
issued by the Issuer of licences, and
shall be displayed by the licensee in a
clearly visible location in each applicable
vehicle.
5. No person holding a master plumber's
licence
shall
cause
or
permit
an
apprentice plumber to perform any
plumbing work or install any plumbing
fixtures within the limits of the City of
Brantford
unless
said
apprentice
plumber is supervised by the master
plumber during the performance of said
work.
6. No master plumber or master drain layer
shall act as such for more than one
plumbing contractor or sewer drain
contractor at one time. Every person
licensed as a master plumber or as a
master drain layer shall notify the Issuer
of Licences when he or she ceases to
act for a plumbing contractor or sewer or
drain contractor.
GENERAL PROVISIONS - LICENCES
7. Every
person
holding
a
master
plumber's licence shall be deemed to
have obtained and to hold a master
drain layer's licence.
8. The licence issued to a sewer or drain
contractor or master drain layer does not
entitle the holder to perform any
plumbing work within a building.
9. A sewer or drain contractor or master
drain layer may extend building services
on private property between the property
line and a point not more than two feet
inside the outside wall of a building.
10. No person shall advertise, promote or
carry on a business regulated by this
Schedule except under the name in
which the licence has been issued
pursuant to this Schedule.
11. Every licensee shall be photographed by
the Issuer of Licences, or his or her
designate,
shall
be
issued
an
identification card, and shall carry said
card with him or her at all times and
promptly produce said card on demand
of any Inspector, including but not
limited to any Drain/Plumbing Inspector.
12. Every licensee shall be held responsible
for any violation of the regulations set
out in this Schedule that are committed
by agents, employees, apprentices,
mechanics,
helpers,
or
labourers
employed by him or her or them.
13. Every applicant for a new master drain
layer's licence must attend at the
Building Department for the Corporation
and must pay for and complete an
examination before the Examination
Board and must satisfy the Examination
Board that he or she has sufficient
experience, knowledge, and skill in the
trade.
14. The form and content of the examination
required pursuant to section 11 of this
GENERAL PROVISIONS - LICENCES
Schedule shall be determined by the
Chief Building Official, in his or her sole
discretion.
15. The Chief Building Official shall set the
time of the examination and shall
provide the applicant with notice of said
time. In no event shall the time for the
examination be more than thirty days
after receipt of the application by the
City.
16. The applicant must obtain an acceptable
standing, which is a score of 80% or
higher,
in
each
section
of
the
examination in order to qualify for a
licence hereunder.
17. All fees required pursuant to this
Chapter must be paid in full prior to the
examination. Failure to pay fees shall
result in the automatic disqualification of
the applicant for the examination.
18. If the applicant fails to obtain an
acceptable standing on all sections of
the examination, there shall be a
mandatory waiting period of thirty days
from the date of the examination which
was most recently administered to the
applicant,
prior
to
a
subsequent
examination
being
administered
pursuant to this Schedule.
19. The examination fee shall pay the
examination fee set out in Schedule "B"
to
this
Chapter
for
the
original
examination and for each subsequent
examination administered pursuant to
this
Schedule,
prior
to
the
examination(s) being administered.
20. No refunds of any fees, including the
application fee and the examination fee,
shall be provided to the applicant due to
the failure of the applicant to obtain an
acceptable standing on the examination.
By-law 115-2013, 18 November, 2013; Schedule 'A-9'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-10'- Public Halls
Title
Public Halls
Applicable
Licence
Public Hall
Exceptions
This Schedule shall not apply to churches, service clubs and
community organizations that:
(a) provide a facility or hall for special events and fellowship
solely for their members and invited guests; or
(b) do not receive any form of monetary compensation from
other groups or the general public for the use of the facility
or hall.
Reasons for
licensing
Health and Safety
Interpretation
For the purposes of this Schedule, the following words shall have
the following meanings:
"public hall" means a lot and a building, or structure, or portion
thereof, including, but not limited to, a portable building or tent with
a seating capacity for over 100 persons that is offered for use or
used as a place of public assembly, but shall not include a theatre
or a building used solely for religious purposes. Such public hall
may include facilities for the on-site preparation and consumption
of foods and beverages; and
"theatre" means a lot and a building, or structure, or portion
thereof, used for the presentation of musical, theatrical, or film
performances and shall include accessory uses such as lounges,
dressing rooms, workshops, and storage areas but shall not
include a drive-in theatre.
Additional
Application
Requirements
Every application for a licence pursuant to this Schedule shall
include the following:
(a) a statement on the form provided by the Issuer of Licences
giving such particulars as to the location, size and
construction of the proposed public hall,
(b) a floor plan of the proposed public hall which shall include,
among other things, the location of any permanently affixed
moveable walls;
(c) a certificate, required at the time of application and every
three years thereafter, signed by a local inspector of the
Electrical Safety Authority, certifying that the electrical
GENERAL PROVISIONS - LICENCES
wiring has been inspected and found satisfactory to the
inspector; and
(d) proof of insurance required pursuant to this Schedule, to
the satisfaction of the Issuer of Licences.
Additional
Application
Circulation
Criteria
New
Chief Building Official
Chief Fire Official
Medical Officer of Health
Renewal
Chief Building Official
Chief Fire Official
Medical Officer of Health
Special Licence
Requirements
In addition to the general provisions set out in the Chapter to
which this Schedule applies, the following special conditions apply
to every public hall:
1. No person shall operate or maintain any public hall within the
City of Brantford without first having obtained one or more
licences from the Issuer of Licences to do so.
2. The licensee shall be responsible for obtaining and maintaining
an insurance policy for public liability and property damage or
tenant's legal liability (if applicable) in an amount of not less
than $3,000,000 per occurrence, which policy shall be
endorsed to the effect that the Issuer of Licences shall be given
at least ten days' notice in writing of any cancellation,
expiration or variation.
3. In no event shall any licence issued pursuant to this Schedule
be renewed without a certificate, signed by a local inspector of
the Electrical Safety Authority, certifying that the electrical
wiring has been inspected and found satisfactory, which
certificate shall be issued no more than three years prior to the
date of the application for a new or renewal licence.
4. Each licence issued pursuant to this Schedule shall set out the
maximum capacity of the public hall, as prescribed by the
Ontario Building Code, which may be expressed on the licence
in terms of the number of persons per square metre to be
allowed in the public hall.
5. At no time may the licensee permit entry to a greater number of
persons than that set out in the maximum capacity for the
public hall, nor shall the licensee fail to deny entry to persons
where said entry may cause the amount of persons in the
public hall to exceed the maximum capacity of the public hall.
6. If the licensee requires a temporary increase in the maximum
capacity for a particular occasion or event, he or she may apply
to the Issuer of Licences for such temporary increase. Upon
payment of the applicable fee, the Issuer of Licences may
GENERAL PROVISIONS - LICENCES
temporarily increase the capacity for such occasion or event as
may be permitted by applicable legislation, and may prescribe
such terms and conditions in the amended licence as he or she
sees fit, in his or her sole discretion.
7. Notwithstanding any provision to the contrary, where a property
located at one municipal address contains more than one
public hall, the applicant shall apply for and obtain a licence for
each public hall located at said address, but shall only be
required to pay one licence fee for all licenses issued for the
operation of public halls at that address.
By-law 115-2013, 18 November, 2013; Schedule 'A-10'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-ll'- Salvage Yards
Title
Salvage Yards
Applicable
Licence
Salvage Yard
Exceptions
None
Reasons for
licensing
Health and Safety
Nuisance Control
Interpretation
For the purposes of this Schedule, the
following terms shall have the following
meanings:
"salvaged materials" means:
(a) a dismantled vehicle or any part
thereof;
(b) a dismantled kitchen appliance or
any part thereof; or
(c) scrap aluminum, brass, copper,
metal or steel; and
"salvage yard" shall mean a lot and a
building, or structure, or portion thereof,
used for the storage yard of a dealer in
obsolete, discarded, or salvaged materials,
including motor vehicles, building supplies,
and industrial equipment and the sale
thereof, and may include facilities for the
administration and management of the
business and for the storage and
maintenance of equipment used in the
business.
Additional
Application
Requirements
Every applicant shall provide the Issuer of
Licences with a current survey or a site plan
document for the premises upon which the
salvage yard will operate, which plan or
document must show:
(a) the legal boundaries for the salvage
yard;
(b) the location of all existing and
proposed buildings, roads,
driveways, parking areas, storage
areas and operating areas; and
GENERAL PROVISIONS - LICENCES
(c) the location of any fences.
Additional
Application
Circulation
Criteria
New
Chief Building Official
Chief Fire Official
Chief of Police
Renewal
Chief Building
Official
Chief Fire Official
Chief of Police
Special
Licence
Requirements
In addition to the general provisions set out
in the Chapter to which this Schedule
applies, the following special conditions
apply to every salvage yard:
GENERAL
1. No person shall operate or maintain a
salvage yard within the City of Brantford
without first having obtained a licence
from the Issuer of Licences to do so.
STORAGE OF MATERIALS
2. Every licensee shall maintain a fence
that encloses the entire outdoor yard of
the salvage yard.
3. Every licensee shall ensure that no
salvage located within 5 metres (16.4
feet) of a fence required pursuant to this
Schedule exceeds the height of said
fence.
4. If an opening is required for ingress or
egress in any fence required pursuant to
this Schedule, then the opening shall be
covered by a gate that:
a. opens to a width of at least 3.5
metres (11.5 feet);
b. is of the same height as the
fence;
c. is kept in good repair at all times;
d. does not open over the travelled
portion of a public road allowance
or sidewalk;
e. is kept clear of obstructions so
that it may be opened fully at all
times;
f. shall be kept locked at all times
GENERAL PROVISIONS - LICENCES
except during normal business
hours;
g. constructed of a solid uniform
material with a uniform colour,
providing a full visual barrier.
5. Every licensee with a salvage yard that
abuts property used for residential
purposes, shall, within one year of the
issuance of the licence, plant and
maintain a row of evergreen trees
consisting of plants being 1.83 metres
(6 feet) minimum height at planting and
being capable of reaching a height of
not less than 3.66 metres (12 feet) at
maturity, which shall be planted and
maintained at intervals not exceeding
3.05 metres (10 feet) along the outside
of the boundaries abutting the said
residential property, except that this
provision shall not apply where:
a. any property abutting a salvage
yard is subsequently rezoned
residential; or
b. the salvage yard has an existing
fence in compliance with Chapter
465 of The City of Brantford
Municipal Code and the salvage
yard existed prior to the passing
of this Chapter or a predecessor
thereof.
6. Every licensee shall ensure that all
storage containers, vehicles, equipment,
and other materials belonging to or used
in the operation of the salvage yard, or
stored or kept on-site are kept within:
a. that portion of the property
enclosed by the fence required
pursuant to this Schedule; or
b. an enclosed building.
7. Every licensee shall ensure that no
salvage is loaded, unloaded, sorted,
processed, dismantled, crushed,
recycled, demolished, displayed, stored
or placed:
a. outside of that portion of the
property enclosed by the fence
required pursuant to this
GENERAL PROVISIONS - LICENCES
Schedule;
b. outside an enclosed building; or
c. on municipal lands.
8. Every licensee shall ensure that:
a. no salvage within the salvage
yard is placed against any fence
around the perimeter of the
property; and
b. no salvage, storage containers or
other material within the salvage
yard is placed on the roof of any
building within the salvage yard.
ENVIRONMENTAL CONSIDERATIONS
9. Every licensee shall ensure that no
gasoline, vehicle fluids or other
chemicals from the salvage yard enter
onto any adjoining lands or into any
aquifer, lake, pond, river, stream,
drainage pond, drainage ditch or other
body of water.
10. All outdoor lighting for a salvage yard
must be arranged so as to divert light
away from adjoining lands, inclusive of
any public road allowance.
11. Every licensee shall ensure that all
parking areas and roadways within the
salvage yard are paved or are treated in
an environmentally safe manner to
reduce dust.
12. Every licensee shall ensure that all
vehicle batteries within the salvage yard
are stored in an environmentally safe
manner within an enclosed building.
HOURS OF OPERATION
13. Every licensee operating a salvage yard
that is adjacent to property that is
lawfully used for a residential purpose
shall only operate or permit the
operation of a crusher, loader, forklift,
crane, truck or other equipment:
a. between the hours of 7:00 am
and 7 pm on Monday through
GENERAL PROVISIONS - LICENCES
Friday; and
b. between the hours of 8:00 am
and 5 pm on Saturday.
14. Every licensee operating a salvage yard
that is adjacent to a property that is
lawfully used for a residential purpose
shall not be open nor permit the
operation of a crusher, loader, forklift,
crane, truck or other equipment on a
Sunday or statutory holiday.
15. The hours of operation as specified in
this Schedule do not apply when a
vehicle is dropped off at the salvage
yard pursuant to the direction of a police
officer or other law enforcement official.
REGISTER
16. Every licensee shall maintain a register
in a digital format for each licensed
salvage yard.
17. A register as required by this Schedule
shall be in the form of a computer
software program that will maintain
information in compliance with section
18 below.
18. Every licensee who acquires:
1. a vehicle or vehicle parts including,
but not limited to catalytic converters,
for the purpose of dismantling or
selling such at their salvage yard,
either personally or through an
employee or agent, shall immediately
record in their register, in English:
a. the full name and address of the
person from whom they received
the vehicle or vehicle parts with
said information confirmed
through two pieces of
identification, one of which is
photo identification, if photo
identification is not presented, the
operator must take a photo of the
seller to maintain on file with the
register;
GENERAL PROVISIONS - LICENCES
b. the date of the acquisition;
c. the name of the licensed person
or the licensed person's
employee or agent who obtained
the vehicle or vehicle parts;
d. the consideration given for the
vehicle or vehicle parts; and
e. a complete description of the
vehicle or vehicle part including
the serial number of the part, if
applicable, and Vehicle
Identification Number (VIN) of the
vehicle from which the part was
acquired.
2. any other salvaged materials for the
purpose of dismantling or selling such
at their salvage yard, either personally
or through an employee or agent, shall
immediately record in their register, in
English:
a. the full name and address of the
person from whom they received
the salvaged material (as shown
on at least one piece of
identification that contains this
information), and the type of
identification provided;
b. the date of the acquisition; and
c. a brief description of the salvaged
goods.
19. No licensee shall acquire directly or
indirectly, by purchase, exchange or
otherwise, any goods or articles from
any minor appearing to be under the
age of 16 years, without written authority
from a parent or guardian of such minor.
20. No licensee shall purchase or acquire
any vehicle or vehicle part unless the
person observes proof that the person
selling the vehicle or vehicle parts is the
lawful owner of the vehicle.
21. No licensee shall purchase nor acquire
any vehicle that has a serial number
obliterated or mutilated without first
having given notice to a police officer
twenty-four hours prior to the intended
GENERAL PROVISIONS - LICENCES
purchase or acquisition.
22. Sections 19 and 20 shall not apply
where the licensee acquires the vehicle
or vehicle part from another licensee
who operates a salvage yard and has
complied with sections 19 and 20 of this
Schedule.
23. Every licensee shall make their register
available for inspection upon demand by
the Issuer of Licences, a provincial
offences officer or a police officer.
24. Every licensee shall, upon demand by
the Issuer of Licences, a provincial
offences officer or a police officer:
a. allow the Issuer of Licences,
provincial offences officer or
police officer to review the on-
screen information for the
register; and
b. print out or otherwise copy the
register or any part thereof and
provide such to the Issuer of
Licences, provincial offences
officer or police officer.
25. Every licensee shall maintain the
register for the current year, plus a two-
year period and shall ensure that their
register is in a neat condition, that no
information is removed, destroyed,
obliterated or altered, and at the end of
the retention period the information is
disposed of in a secure manner.
26. No licensee shall remove or allow any
other person, with the exception of the
Issuer of Licences, a provincial offences
officer or police officer or other law
enforcement official, to remove the
register from the salvage yard.
27. Section 28 to 32 shall not apply to:
(a) a corporate company
(b) a registered charitable
association
(c) an entity incorporated as a
not-for-profit corporation under
GENERAL PROVISIONS - LICENCES
the Canada Not-for-profit Corporations
Act (Canada);
(d) an entity registered as a charity with
the Canada Revenue Agency and that
has a charitable registration number
28. "Prohibited Items" includes the following
other metal or materials:
1. A manhole cover.
2. An electric light pole or other utility
structure and its fixtures, wires, and
hardware that are readily identifiable
as connected to the utility structure.
3. A guard rail.
4. A street sign, traffic sign, or traffic
signal and its fixtures and hardware.
5. Communication, transmission,
distribution, and service wire from a
utility, including copper or aluminum
bus bars, connectors, grounding
plates, or grounding wire.
6. Any metal item that is observably
marked upon reasonable inspection
with any form of the name, initials, or
logo of a governmental entity, utility
company, cemetery, or railroad.
7. An aluminum or stainless steel
container or bottle designed to hold
propane for fueling forklifts.
8. A stainless steel beer keg.
9. A brass or bronze commercial valve
or fitting, referred to as a "fire
department connection and control
valve" or an "FDC valve," that is
commonly used on structures for
access to water for the purpose of
extinguishing fires.
10. A brass or bronze commercial
potable water backflow preventer
valve that is commonly used to
prevent backflow of potable water
from commercial structures into
municipal domestic water service
systems.
11. A shopping cart.
12. A brass water meter.
13. A storm grate.
14. A brass sprinkler head used in
commercial agriculture.
GENERAL PROVISIONS - LICENCES
29. "Restricted scrap metal" means
i. materials containing copper, in any form,
including tubing or rods, from an air-
conditioning or heating unit (but does
not include vehicle radiators),
ii. materials containing bronze, in any form,
including a funeral marker or funeral
vase or a historical marker.
iii. metal that bears distinguishing or
identifying marks indicating ownership,
iv. metallic wire that appears to have had
insulation or casing removed from it,
including Metallic wire that has been
burned in whole or in part to remove
insulation.
30. A scrap metal dealer shall not purchase
or receive any Prohibited scrap metal
without first receiving written (letter or
email) permission from a law
enforcement officer.
31. A scrap metal dealer or recycler who
purchases or receives "restricted scrap
metal" from a person must obtain and
record at the time of the transaction the
following information respecting the
transaction and send the required
information to
[email protected]
within 24 hours of receiving a restricted
item:
(a) the identifying information for the
transaction, including
(i) the date and time of the day the
scrap metal was acquired,
(ii) a brief description of the scrap
metal,
(iii) the weight of the scrap metal,
32. For the purposes of section 31 of
Schedule 11 (restricted scrap metal), a
scrap metal dealer or recycler must use
traceable currency (cheques/e-transfer)
if the restricted scrap metal value of a
GENERAL PROVISIONS - LICENCES
transaction is $1.00 or more. Cash
transactions for any restricted items
shall not be permitted. Bylaw 37-2024
March 26, 2024
By-law 115-2013, 18 November, 2013; Schedule 'A-11'; By-law 148-2019, 24 September,
2019; Schedule 'A-11', 25 August, 2020; Schedule 'A-11'
GENERAL PROVISIONS - LICENCES
Schedule 'A-12'- Clothing Donation Bin
Title
Clothing Donation Bin
Applicable
Licence
Clothing Donation Bin
Exceptions
None
Reasons for
licensing
Nuisance Control
Health and Safety
Interpretation
For the purposes of this Schedule, the following words shall have
the following
meanings:
"non-profit organization" means a corporation without share
capital, or an organization, whether or not incorporated, that
exists solely for the relief of poverty, the advancement of
education, the advancement of religion, or other charitable
purpose, where no part of the profits earned by the organization
or corporation are payable to or otherwise available for the
benefit of any owner, member, director or shareholder thereof,
except where the shareholder is also a non-profit or bona-fide
charitable organization;
"clothing donation bin"; means any receptacle used, or intended
to be used, in whole or in part, for the purpose of collecting
clothing donated by the public;
"private property' means any property not owned by the City, the
Province or the
Federal Government; and
"ward" means one of the five (5) administrative units of the City as
defined by the ward boundaries approved by Council and
amended from time to time.
Additional
Application
Requirements
Every application for a licence pursuant to this Schedule shall
include the following:
a) written letter of consent from each private property owner
providing express permission for the placement of the clothing
donation bin on the private property;
b) a site plan or sketch identifying the proposed location of the
GENERAL PROVISIONS - LICENCES
clothing donation bin(s) on private property;
c) the current zoning for the proposed location of the clothing
donation bin(s);
d) a written description and photo (or sketch) of the proposed
clothing donation bin(s);
e) proof of corporate status, including, for every bona-fide
charitable organization and non-profit organization, the
applicable registration number; and
f) a list containing the locations of all clothing donation bins of
the Applicant/Licensee within the City.
Additional
Application
Circulation
Criteria
New Application
Chief Building Official
Chief of Police
Chief Fire Official
Renewal
Chief Building Official
Chief of Police
Special Licence
Requirements
In addition to the general requirements set out in the Chapter to
which this Schedule
is attached, the following specific conditions apply to every licence
issued pursuant to
this Schedule:
1. No person shall operate or maintain clothing donation
bin(s) within the City without first obtaining a licence from
the Issuer of Licenses to do so.
2. No clothing donation bin shall be placed on any property
owned or operated by the Corporation.
3. No operator shall place any clothing donation bin(s) on
property zoned residential.
4. No private property owner or occupier shall permit any
clothing donation bin to be left on the private property
they own or occupy without a valid clothing donation bin
licence issued by the Issuer of Licences.
5. Every licensee shall be permitted up to three (3) clothing
donation bins per ward to a maximum total of fifteen (15)
clothing donation bins per license.
6. In no event shall any licensee be permitted to obtain
more than one licence under this Schedule. For the
purposes of this Schedule, where the licensee is a
corporation, the word "licensee" shall include all affiliates
of the corporation, as the term "affiliates" is defined in the
(Ontario) Business Corporations Act¸
GENERAL PROVISIONS - LICENCES
7. Every licensee must ensure the following information is
displayed on each clothing donation bin in lettering no
smaller than 100 millimetres x 75 millimetres, which
lettering must be of a contrasting colour to the
background of the information:
i) name, address and telephone number of the licensee
and the operator(must be current and active
information);
ii) type of organization , if the licensee or the operator is
a bona-fide charitable organization or non-profit
organization;
iii) registration number, if the licensee or the operator is a
bona-fide charitable organization or a non-profit
organization;
iv) schedule of times for pick-up of donated clothing;
v) location of any alternative clothing donation bins of
the same licensee;
vi) the applicable confirmation of license issued by the
Issuer of Licences, which must be displayed in a
prominent location.
8. All clothing donation bins must be of metal construction with a
self-closing deposit door/hatch. Any other point of entry into
the clothing donation bin must be locked at all times when
the clothing donation bin is unattended.
9. Every licensee must ensure the clothing donation bin is clean,
in good repair, and free of graffiti, and shall ensure that all
areas immediately adjacent to the clothing donation bin are
clean and free of litter and other debris and in full compliance
with the Property Standards and the Property Lot
Maintenance and Waste By-laws of the Corporation.
10. Licensees are required to notify the municipality forthwith of
any changes to the information filed.
11. Clothing donation bins shall not be placed in any location
where the clothing donation bin may create a visual
obstruction for vehicular or pedestrian traffic.
12. Clothing donation bins shall not be placed within three (3)
metres of an access to or egress from any property, and no
closer than six (6) metres from any lot line fronting any
roadway.
13. Clothing donation bins shall not be closer than fifteen (15)
metres from any lot line abutting any residential property.
GENERAL PROVISIONS - LICENCES
14. Clothing donation bins shall not be placed on or within one
(1) meter of any fire access route, or in any location where
the clothing donation bin may obstruct a fire hydrant or fire
department connection, or in such close proximity to a
building that the clothing donation bin may create a fire
hazard.
15. Servicing of clothing donation bins or pick-up of donated
items must be conducted between the hours of 7:00 am and
9:00 pm ONLY.
16. Any clothing donation bin not registered to a licensee under
this Schedule, or otherwise found to be in contravention of
this Schedule shall be subject to immediate removal and
impounding by the Corporation. All costs incurred in the
removal and/or impounding of the clothing donation bin shall
be the sole responsibility of the licensee, the operator of the
clothing donation bin, or both.
17. Any clothing donation bin impounded and stored for a period
of more than thirty (30) days may be disposed of in a manner
as may be determined by the Corporation. In no event shall
the Corporation be held liable or in any way responsible for
any loss, damage, or cost incurred by the licensee, operator
or any third party due to said removal and/or disposal.
18. Bona-fide charitable organizations and non-profit
organizations shall be required to apply for and obtain a
licence pursuant to this Schedule; however, no renewal fees
will be charged for licences issued to bona-fide charitable
organizations or non-profit organizations.
By-law 115-2013, 18 November, 2013; Schedule 'A-12'.
GENERAL PROVISIONS - LICENCES
Schedule 'A-13' - Hotels and Motels
Title
Hotel/Motel
Applicable
Licence
Hotel/Motel
Exceptions
This Schedule shall not apply to the
following:
(a) Apartments;
(b) Lodging Houses;
(c) Group homes that are licensed under
a provincial or federal statute; and
(d) Hospitals, nursing homes, hospices,
homes for the young or aged,
retirement homes, correctional homes,
crisis residences or other institutions
that are licensed, approved or
suspended under any act, including
regulation thereunder, of the federal or
provincial government.
Reasons for
licensing
Consumer Protection
Health and Safety
Nuisance Control
Interpretatio
n
For the purposes of this Schedule, the
following words shall have the following
meanings:
"Apartment" shall mean a building or
buildings other than a converted dwelling
located on a lot, each containing 5 or more
dwelling units and that contains each of the
following:
1. at least one dwelling unit is entirely on
top of one or more dwelling units,
2. access to the building is obtained
GENERAL PROVISIONS - LICENCES
through a common entrance or
common entrances from street level,
and
3. access to each dwelling unit shall be
through a common internal hallway or
internal stairway.
"Hotel" shall mean a lot and a building, or
structure, or portion thereof, or two or more
connected or detached buildings, in which
rooms are provided for rent as places of
abode on a temporary or transient basis,
containing a restaurant and convention
centre, meeting rooms, public halls, fitness,
pool and spa facilities and may include, as an
accessory use, retail facilities provided for
the convenience of hotel patrons, accessory
retail sales open to the public on a temporary
basis, but shall not include an apartment
dwelling, lodging house, retirement home or
crisis residence.
"Motel" shall mean a lot and a building, or
structure, or portion thereof, or two or more
connected or detached buildings, in which
rooms are provided for rent as places of
abode on a temporary or transient basis, and
may include a restaurant, but shall not
include a lodging house, retirement home, an
apartment dwelling, meeting rooms, retail
facilities, convention centre, or a public hall.
"Guest Register" shall mean a list of the
names and addresses of all guests with
corresponding check-in and check-out dates,
and times.
"Operator" shall mean a person who, alone
or with others, operates, manages,
supervises, runs, oversees, or controls a
hotel and or motel, and, without restricting
the generality of the foregoing, may include
the owner of the hotel and or motel.
Additional
Application
Requiremen
ts
Every application for a licence pursuant to
this Schedule shall include the following:
(a) A site plan or sketch identifying the
proposed (or existing) location;
GENERAL PROVISIONS - LICENCES
(b) A floor plan for each floor of the
premises, including dimensions and
the proposed use of each room;
(c) A certificate, signed by a licensed
electrician, certifying that the electrical
wiring has been inspected and is
satisfactory to the licensed electrician,
which shall be provided at the time of
the initial application and every three
years thereafter;
(d) An Ontario Elevating Device Licence
issued upon satisfactory inspection by
the Technical Standards and Safety
Authority (TSSA), for those premises
containing an elevating device(s);
(e) Property Standards inspection of
common public areas of access
including, but not limited to, the lobby,
dining area, public washrooms,
swimming pool and fitness room
confirming compliance with the
Municipal Code Chapter 465 -
Property Standards.
Application
Circulation
Criteria
New Application
Chief Building Official
Chief Fire Official
Medical Officer of
Health
Chief of Police
Renewal
Chief Building
Official
Chief Fire Official
Medical Officer of
Health
Chief of Police
Specific
Licence
Requiremen
ts
In addition to the general requirements set
out in the Chapter to which this Schedule is
attached, the following specific conditions
apply to every licence issued pursuant to this
Schedule:
(a) No person shall operate or maintain a
hotel/motel without a license within the
City of Brantford without first having
obtained a licence from the Issuer of
GENERAL PROVISIONS - LICENCES
Licences to do so.
(b) The applicant or licensee, as the case
may be, shall notify the Issuer of
Licences immediately should there be
a change in any of the information
provided to the Issuer of Licences
pursuant to this Schedule or the
Chapter to which this Schedule is
attached.
(c) No construction, renovation, alteration,
or addition of any hotel and or motel
may be carried out except in
compliance with this Schedule and the
Chapter to which this Schedule is
attached.
(d) No gasoline, oil, wood kerosene or
coal heat providing units of any kind
shall be installed in any room used for
sleeping purposes and no person shall
use, or permit to be used for sleeping
purposes, any room containing such
appliance.
(e) All electrical wiring shall comply with
the requirements of the Canadian
Electrical Code and the Ontario Hydro
Electrical Safety Code Supplement.
(f) Sanitary facilities shall be provided
and, where persons with disabilities
are admitted as residents, shall be of
a type that is suitable and accessible
for use by persons with disabilities,
including wheelchair accessible.
(g) Rubbish and garbage shall be stored
in compliance with the Property
Standards By-Law.
(h) Duties of the Operator - every
operator shall:
1. Ensure that either the operator or
individual who is responsible for
the operation of the premises is
present and available at the
premises at all times;
GENERAL PROVISIONS - LICENCES
2. Post in a visible place on the
premises a notice stating the name
of the operator or individual who is
responsible for the operation of the
premises is present and available
at the premises, and the telephone
number where they may be
reached immediately;
3. Maintain a Guest Register for a
period of not less than three (3)
years [current year, plus retain for
two (2) years].
Ensure that the Guest Register is:
i.
Easily readable;
ii.
Not altered or deleted once
completed;
iii.
Retained for a minimum of
not less than 12 months,
and
iv.
Made available to the Issuer
of Licenses upon request.
Ensure that the Guest Register
shall include:
i.
The name and usual
place of residence of each
guest;
ii.
Which room the guest
has paid to use;
iii.
The date and time the
guest checks in; and
iv.
The date and time the
guest checks out.
4. Maintain the premises for
cleanliness, adequate lighting and
ventilation; and,
5. Ensure the premises meet all
requirements of the Building Code
Act, 1992 and its regulations, the
Fire Protection and Prevention Act,
1997 and its regulations, the
Health Protection and Promotion
Act and its regulations and any
applicable by-law.
GENERAL PROVISIONS - LICENCES
By-law 158-2019, 22 October, 2019; Schedule 'A-13'.
GENERAL PROVISIONS - LICENCES
Business Licensing - Schedule A-14
Title
Payday Loan Establishment
Applicable
Licence
Payday Loan Establishment
Exceptions
Financial Institutions as defined in the
Bank Act or credit unions as defined in the
Credit Unions and Caisses Populaires Act,
1994.
Limit
No more than seven (7) Payday Loan
Establishment Licences will be granted by
the City of Brantford, in any given year.
Reasons for
licensing
Consumer Protection
Interpretation
For the purposes of this Schedule, the
following words shall have the following
meanings:
"Payday Loan" shall mean an
advancement of money in exchange for a
post-dated cheque, a pre-authorized debit
or a future payment of a similar nature but
not for any guarantee, suretyship, overdraft
protection or security on property and not
through a margin loan, pawn broking, a line
of credit or a credit card;
"Payday Loan Establishment" shall mean a
premises where a loan broker or lender
administers payday loans;
"Loan broker" shall mean a corporation,
partnership, sole proprietor, association or
other entity or individual that assists a
borrower in obtaining a payday loan or that
holds oneself out as available to provide
such assistance; and,
"Lender" shall mean a corporation,
partnership, sole proprietor, association or
GENERAL PROVISIONS - LICENCES
other entity or individual that makes a
payday loan to a borrower or that holds
oneself out as available to make such a
loan;
"Gaming Establishment" shall mean a lot
and a building or structure, or portion
thereof, used for the purposes of operating
games of chance, or of mixed chance and
skill, and shall include slot machines and
table games, and may include any casino
style game, device or lottery scheme, as
approved by the Government of Province
of Ontario or such person or authority in
the Province as may have been specified
by the Lieutenant Governor in Council, and
may also include areas devoted to the sale
of food and beverages, entertainment and
associated offices.
Additional
Application
Requirements
Every application for a licence pursuant to
this Schedule shall include the following:
(f) A site plan or sketch identifying the
proposed (or existing) location;
(g) Copy of provincial licence pursuant
to the Payday Loans Act, 2008; and,
(h) Copies of notices, pamphlets,
brochures, payday loan agreements
or other materials, including
prescribed materials that the
licensee uses or proposes to use in
the course of conducting business.
Application
Circulation
Criteria
New Application
Chief Building
Official
Chief of Police
Renewal
Chief Building
Official
Chief of Police
GENERAL PROVISIONS - LICENCES
Specific
Licence
Requirements
In addition to the general requirements set
out in the Chapter to which this Schedule is
attached, the following specific conditions
apply to every licence issued pursuant to
this Schedule:
1) No person shall operate or maintain a
Payday Loan Establishment without a
licence within the City of Brantford
without first having obtained a licence
from the Issuer of Licences to do so;
2) The applicant or licensee, as the case
may be, shall notify the Issuer of
Licences immediately should there be a
change in any of the information
provided to the Issuer of Licences
pursuant to this Schedule or the
Chapter to which this Schedule is
attached;
3) Distance Location Requirements:
Minimum distance separation of 150
metres from property line to property
line, from any and all of the following:
a) Group correctional home, Mini-
group home, Group home, Group
residence, Crisis residence, Group
Correctional Residence,
b) Medical Clinics,
c) School, Arts, School, Commercial,
School, Elementary, School, Post-
Secondary, School, Private, School,
Secondary, School, Separate, and
d) Gaming Establishments,
unless the establishment exists within
the minimum distance separation at the
time of the passing of this by-law.
4) Insurance:
Proof that the applicant has obtained
and will maintain a Commercial General
Liability insurance policy with a policy
limit of not less than $2,000,000 per
occurrence; Proof that the applicant has
obtained and will maintain a
GENERAL PROVISIONS - LICENCES
Commercial General Liability insurance
policy with a policy limit of not less than
$2,000,000 per occurrence and keep in
force during the term of the License,
Commercial General Liability Insurance
satisfactory to The Corporation of The
City of Brantford.
5) Duties of the Operator - every operator
shall:
a) Ensure that either the operator or
individual who is responsible for the
operation of the premises is present
and available at the premises at all
times,
b) Post in a visible place the required
signage and communication
material as prescribed in the Payday
Loans Act, 2008 and its regulations
and the Collections and Debt
Settlement Services Act and its
regulations, and
c) Ensure the establishment meets all
requirements of the Payday Loans
Act, 2008 and its regulations, the
Collection and Debt Settlement
Services Act, R.S.O. 1990, and its
regulations, the Consumer
Protection Act, 2002, and its
regulations, the Building Code Act,
1992 and its regulations, the Fire
Protection and Prevention Act, 1997
and its regulations, the Health
Protection and Promotion Act and
its regulations and any applicable
by-law.
Renewal
Licence
Applications
1) The Applicant/Licensee shall be the
same person, as was previously
licensed.
2) The minimum distance separation
shall not apply.
3) All other licensing requirements
GENERAL PROVISIONS - LICENCES
continue to apply.
Payday Loan
Establishments
Existing at the
Time of the
Passage of the
By-Law
**Locations
recognized as:
- operating
before the 150m
minimum
separation
distance was
introduced, and
-permitted,
nonconforming
until such time
as the
establishment
ceases to
operate or fails
to obtain and
maintain a
municipal
business
licence.
**Business
Licence is not
transferrable for
these two
locations only.
1) Cash 4 You
212 King George Road
2) Cash 4 You
63 Brant Avenue, Unit C
3) Cash Money
196 Dalhousie Street, Unit 1
4) Open/Available
250 King George Road, Unit 4
5) Cashco Loans
325 King George Road, Unit B
6) National Money Mart Company
265 King George Road, Unit 116B
7) National Money Mart Company**
114 Dalhousie Street
By-law 175-2019, 19 November, 2019; By-law 21-2021, 23 February, 2021; By-law 132-
2023, 28, February, 2023
GENERAL PROVISIONS - LICENCES
GENERAL PROVISIONS - LICENCES
Schedule A-15
Title
Short Term Rental Accommodations
Applicable
Licence
Short Term Rental Accommodations
Exceptions
This Schedule shall not apply to the
following:
(a) Hotels/Motels;
(b) Lodging Houses;
(c) Group homes that are licensed
under a provincial or federal statute;
(d) Hospitals, nursing homes, hospices,
homes for the young or aged,
retirement homes, correctional
homes, crisis residences or other
institutions that are licensed,
approved or suspended under any
act, including regulation thereunder,
of the federal or provincial
government; and
(e) Bed and Breakfasts
Reasons for
licensing
Consumer Protection
Health and Safety
Nuisance Control
Interpretation
For the purposes of this Schedule, the
following words shall have the following
meanings:
"Short Term Rental" shall mean a dwelling
unit, or part thereof, in which temporary
accommodation is made available to
members of the travelling public for a
maximum of 28 consecutive days per stay,
and does not include a bed and breakfast
establishment, lodging house or group
home; or as defined by the City of
Brantford's Zoning By-law 160-90;
"Operator" shall mean a person who, alone
GENERAL PROVISIONS - LICENCES
or with others, operates, manages,
supervises, runs, oversees, or controls a
short term rental accommodation, and,
without restricting the generality of the
foregoing, may include the owner of the
short term rental accommodation.
"Registrant" means every person who is
required to obtain a registration pursuant to
this Chapter, and includes a person who
has made application for a registration to
the Issuer of Licences but has not yet been
granted a registration.
Additional
Application
Requirements
Every application for registration pursuant
to this Schedule shall include the following:
(a) Name and contact details of the
owner;
(b) Property details including maximum
guests;
(c) Completion of a Short Term Rental
Accommodation operator
questionnaire;
(d) Registration fee as per Schedule B
of Municipal Code Chapter 326 -
Fees; and
(e) Validation statement that includes
such items as insurance, good
neighbour responsibilities, and
rental property details
Application
Circulation
Criteria
New Application
To be circulated for
information
purposes only. No
approvals required.
Chief Building
Official
Chief Fire Official
Medical Officer of
Health
Chief of Police
Renewal
To be circulated for
information
purposes only. No
approvals required.
Chief Building
Official
Chief Fire Official
Medical Officer of
Health
Chief of Police
Specific
Licence
In addition to the general requirements set
out in the Chapter to which this Schedule is
GENERAL PROVISIONS - LICENCES
Requirements
attached, the following specific conditions
apply to every licence issued pursuant to
this Schedule:
1. No person shall operate or maintain
a Short Term Rental
Accommodation without first having
registered with the Issuer of
Licences to do so;
2. The applicant or registrant, as the
case may be, shall notify the Issuer
of Licences immediately should
there be a change in any of the
information provided to the Issuer of
Licences pursuant to this Schedule
or the Chapter to which this
Schedule is attached;
3. Sanitary facilities shall be provided
and, where persons with disabilities
are admitted as residents, shall be
of a type that is suitable and
accessible for use by persons with
disabilities, including wheelchair
accessible;
4. Rubbish and garbage shall be
stored in compliance with the
Property Standards By-Law;
5. Duties of the Operator - every
operator shall:
a) Post in a visible place on the
premises a notice stating the
name of the operator or individual
who is responsible for the
operation of the premises is
present and available at the
premises, and the telephone
number where they may be
reached immediately;
b) Maintain the premises for
cleanliness, adequate lighting
and ventilation; and,
c) The Rental be limited to primary
residences only and in
compliance with the City of
GENERAL PROVISIONS - LICENCES
Brantford's Zoning By-law 160-90
or the County of Brant's Zoning
By-law 61-16 for the annexed
land;
d) Ensure the premises meet all
requirements of the Building
Code Act, 1992 and its
regulations, the Fire Protection
and Prevention Act, 1997 and its
regulations, the Health Protection
and Promotion Act and its
regulations and any applicable
by-law.
GENERAL PROVISIONS - LICENCES
Schedule 'B' - Business Licensing Fees
New Rene
wal
Pro-Rated
Fee as of
October 1
New
Licences
Only
Amusement Arcade
448.00 334.0
0
224.00
Clothing Donation Bin
For-Profit - Operator
457.00 208.0
0
228.50
For-Profit - Location -
bi
100.00 50.00 50.00
Bona fide Charitable &
Non-Profit -
Operator (one-time)
100.00 Exem
pt
50.00
Bona fide Charitable &
Non-Profit -
Location (one-time)
25.00 Exem
pt
12.50
Food Premises
Food Shop
524.00 269.0
0
262.00
Eating Establishment -
30
d f
563.00 341.0
0
281.50
Eating Establishment -
31 150
613.00 391.0
0
306.50
Eating establishment -
th
150
663.00 441.0
0
331.50
Food Vending
524.00 269.0
0
262.00
General Building Trades
356.00 249.0
0
178.00
Hotels and Motels
730.00
631 00
365.00
Lodging House
651.00 556.0
0
325.50
Food Service Vehicles
Food Cart
458.00 209.0
0
229.00
Food Truck/Trailer
625.00 226.0
0
312.50
Food Service Vehicle
Special Event
50.00 50.00 N/A
GENERAL PROVISIONS - LICENCES
Food Service Vehicle
Special Event
100.00 100.0
0
N/A
Payday Loan
E t bli h
t
507.00 308.0
0
253.50
Pawnbrokers
483.00 201.0
0
241.50
Personal Service Setting
450.00 224.0
0
225.00
Plumbing Trades
Plumbing Contractor
448.00 344.0
0
224.00
Sewer/Drain Contractor 448.00 344.0
0
224.00
Master Drainage Layer 323.00 223.0
0
161.50
Master Plumber
323.00 223.0
0
161.50
Master Drainage Layers
E
i
ti
F
97.00
Public Hall
648.00 557.0
0
324.00
Public Hall -Increase in
Temporary
44.00
Public Hall - Amended
C
it
44.00
Salvage Yard
527.00 433.0
0
263.50
Temporary Sales
Pedlar Operator
539.00 246.0
0
269.50
Pedlar - Door - Door
S l
50.00 50.00
Pedlar - Specific
L
ti
T
Short Term (Max 6
days)
Per
Licenc
e
638.0
0
Late Payment Fee
50.00
Administration Cost
100.00
Short Term Rental
A
d ti
50.00 50.00 25.00
By-law 115-2013, 18 November, 2013; Schedule 'B'; By-law 15-2014,
27 January, 2014; 67-2018, 24 April, 2018. By-law 158-2019, 22 October, 2019;
Schedule 'A-13'; By-law 175-2019, 19 November 2019; By-law 28-2022; 22 February
2022
GENERAL PROVISIONS - LICENCES
Schedule 'C' - Notice of Appeal
Notice of Appeal
In the matter of an appeal of the decision of the Issuer of Licences pursuant to Chapter
326 of The City of Brantford Municipal Code an Applicant who has been served with a
suspension or revocation of a Licence, may appeal the decision to the City of Brantford
Appeal Committee by sending this Notice of Appeal to the City Clerk within 14 days of
being served the decision.
Date of Suspension or Revocation: ____________________________________
Order issued to (please print name): ___________________________________
Contact information
Address: ________________________________________________
Phone Number: _______________________________________________
Email Address: ______________________________________________
Reason for appeal:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
____________________________
Submit in person to City Hall or email to [email protected]
CITY CLERK'S OFFICE
City Hall, 58 Dalhousie Street, Brantford, ON N3T 5R7 P.O Box 818, Brantford, ON
N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
By-law 86-2025, 26 August, 2025