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OFFICE CONSOLIDATION
THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2022-041
A by-law to provide for the licensing and
regulation of various businesses within the Town
of Caledon and to repeal By-law 2013-127, as
amended
WHEREAS Section 8 of the Municipal Act, 2001 provides that the powers of a municipality
shall be interpreted broadly to enable a municipality to govern its affairs as it considers
appropriate and enhance its ability to respond to municipal issues;
AND WHEREAS Sections 8, 11(2) and 11(3) of the Municipal Act, 2001 confer the powers for
a municipality to pass By-laws to regulate or prohibit, require persons to do things and provide
for a system of licences with respect to business licensing in relation to the health, safety and
well-being of persons, the economic and social well-being of the municipality and for the
protection of persons including consumer protection;
AND WHEREAS PART IV of the Municipal Act, 2001 establishes powers for municipalities
with respect to a system of licences and prescribes regulations in respect of particular
businesses;
AND WHEREAS Section 391 of the Municipal Act, 2001 enables a municipality to pass By-
laws imposing fees or charges on persons;
AND WHEREAS PART XIV of the Municipal Act, 2001 authorizes a municipality to enforce its
By-laws;
AND WHEREAS the Council of The Corporation of the Town of Caledon considers it
necessary and desirable to provide for the licensing and regulation of various businesses
within the Town of Caledon;
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS
FOLLOWS:
Short Title
This By-law shall be known as the "Business Licensing By-law".
Part 1 - Definitions
1.1
In this By-law:
"Applicant means the person applying for a licence pursuant this By-law;
"Application" means an official request for a licence pursuant this By-law;
"Business" means any business wholly or partly carried on within the municipal boundary even
if the business is being carried on from a location outside the municipal boundary and includes
trades and occupations, exhibitions, concerts, festivals and other organized public
amusements held for profit or otherwise, the sale or hire of goods or services on an intermittent
or one-time basis and the activities of a transient trader, the display of samples, patterns or
specimens of goods for the purpose of sale or hire;
"Controlled Drugs and Substances Acf' means the Controlled Drugs and Substances Act S.C.
1996, c. 19, as amended;
"Criminal Code" means the Criminal Code R.S.C., 1985, c. C-46, as amended;
"Designate" means an employee of the Town who has been selected by the Director to
administer or enforce all or part of this By-law on their behalf;
This is a consolidation of the Town's by-law to provide for the licensing
and regulation of various businesses within the Town of Caledon and to
repeal By-law 2013-127, as amended being By-law Number 2022-041
as amended by By-laws 2025-103 and 2026-066. The following
consolidation is an electronic reproduction made available for information
purposes only and is not an official version of the by-law. Official
versions of all by-laws can be obtained from the Town Clerk by calling
(905) 584-2272. If there are any discrepancies between this
consolidation and By-laws 2022-041, 2025-103 and 2026-066 the
by-laws shall prevail.
"Director" means the Manager, Municipal Law Enforcement for the Town, a designate on that
individual's behalf or, in the event of any organizational changes, a successor position;
"Fees By-law" means the Town of Caledon's Fees By-law, as amended;
"Highway Traffic Act' means the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended;
"Landowner" means a person holding registered title to a Jot and includes a lessee, tenant,
occupant or mortgagee in possession thereof;
"Licence" means authorization from the Town to engage in a business regulated pursuant to
this By-law which may be in the form of a physical licence, card, permit, plate or any other
form as approved by the Director,
"Licence holder" means a person to whom the Licence Issuer has granted a licence under this
By-law;
"Licence Issuer" means an individual that is an employee of the Town who has been appointed
as a Business Licensing Officer or Official pursuant to a Town By-law and shall include the
Director,
"Lot" means a parcel of land, or contiguous parcels of land in one ownership, which is capable
of being legally conveyed in accordance with the Planning Act, R.S.O. 1990, c. P.13, as
amended, or is described in accordance with a registered plan of condominium;
"Lot line" means any boundary of a lot or the vertical projection thereof;
"Master Business Licence" means proof of business name registration issued by the Ministry
of Government and Consumer Services or the successor Provincial Ministry responsible for
issuance thereof;
"Motor vehicle" includes an automobile, motorcycle, farm tractor, self-propelled implement of
husbandry, self-propelled construction machinery and any other similar vehicle which
normally propels itself otherwise than by muscular power;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
"Municipal boundary" means the geographic boundary encompassing the Town of Caledon;
"Officer" means an individual that is an employee of the Town who has been appointed
pursuant to a Town By-law as a Municipal By-law Enforcement Officer and shall include the
Director,
"Operator" means a person who, alone or with others, has ultimate authority to direct the
operations and activities of, and final control over, a business and may include the landowner
of the lot from which such business is conducted;
"Owner" means the person whose name appears on the plate portion of a vehicle permit
issued pursuant to the Highway Traffic Act for a vehicle;
"Person" means an individual, corporation, association, firm, sole-proprietorship, partnership,
trust, organization and includes the directors and officers of a corporation, a corporation
created under the Condominium Act, 1998, S.O. 1998, c. 19, as amended, and the trustees,
agents, heirs, executors or other legal representatives of a person to whom the context can
apply according to law;
"Plate" means a decal issued by the Licence Issuer to act as a physical representation of a
licence;
"Police Officer" means a member of the Ontario Provincial Police, a municipal or other
Canadian police force;
"Provincial Offences Act' means the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended;
"Public authority" means any department or appointed agency of the Government of Canada,
Province of Ontario, Region of Peel, the Town, conservation authority or other governmental
body;
"Renewal decaf' means a label issued by the Licence Issuer which indicates the expiry of a
licence;
"Site map" means a document which through graphic representation clearly displays the layout
of a lot including the arrangement of buildings, parking spaces, roads and entrances therefrom,
landscaped areas and any other structures or features as required by the Licence Issuer,
"Town" means The Corporation of the Town of Caledon;
"Vehicle" means an automobile, motorcycle, trailer, motor assisted bicycle, traction engine,
farm tractor, road-building machine, bicycle, cart and any other vehicle drawn, propelled or
driven by any kind of power including muscular power;
"Zoned' means a designated area of land use in accordance with the Zoning By-law;
"Zoning By-law" means the Town's Zoning By-law, as amended.
Part 2 - Application
2.1
The Parts of this By-law which proceed all Schedules herein shall be considered as
this By-law which such Schedules and Appendices shall be attached to and together
form the entirety of the By-law.
2.2
The provisions set out within this By-law shall apply to all Schedules and Appendices
herein.
2.3
Where any Section within this By-law references another Section, it shall be
understood that, unless otherwise specified, the Section being referenced and the
Section referencing it are both within this By-law or the same Schedule.
2.4
Obtaining a licence pursuant to this By-law from the Licence Issuer shall not relieve
any person from the obligation of acquiring any other licence, permit, approval or
authorization required by a public authority.
2.5
Except where specified otherwise within this By-law, the provisions herein shall not
apply to any public authority.
2.6
In the event of a conflict between this By-law and any other Town By-law in effect, the
provisions that establish the higher standard to protect the health, safety and well-
being of the public shall prevail.
2.7
Nothing in this By-law shall constitute an exemption from the requirements of any other
By-law in effect, applicable legislation or regulations thereto including but not limited
to the Highway Traffic Act, Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched.
A, as amended, Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as
amended, or the Niagara Escarpment Planning and Development Act, R.S.O. 1990,
c. N.2, as amended, which within the Niagara Escarpment Development Control Area
shall prevail in place of any Zoning By-law related requirements set out in this By-law.
Part 3 - General Provisions
3.1
No person who requires a licence pursuant to any Schedule herein shall conduct, carry
out or engage in any business regulated by this By-law without holding an appropriate
licence which is current and valid.
3.2
Every person to whom a licence has been granted shall notify the Licence Issuer within
two (2) business days of any changes to the information submitted as part of their
application for such licence and upon request for any reason shall provide any
additional documents or information as deemed necessary by the Licence Issuer to
ensure updated accurate information.
3.3
No person shall cause or permit a licence to be altered, modified or in any way used
fraudulently.
3.4
No person shall publish, cause to be published, hold themselves out as being licensed
or make any other representation that they are licensed pursuant to this By-law if that
person is not so licensed.
3.5
No person shall conduct, carry out or engage in a business, for which they have been
granted a licence pursuant to this By-law, using any name other than:
(1) in the case of a sole-proprietor, the name of such sole-proprietor or the business
name as it appears on their valid Master Business Licence submitted to the
Licence Issuer,
(2) in the case of a corporation, the name of such corporation as it appears on its
Articles of Incorporation or the business name as it appears on its valid Master
Business Licence submitted to the Licence Issuer, or
(3) in the case of a registered partnership, the name of such partnership as it appears
on its registered declaration of partnership or the business name as it appears on
its valid Master Business Licence submitted to the Licence Issuer.
Part 4 - Administration
4.1
The Licence Issuer shall be responsible for the administration of the entirety of this By-
law and the authority to grant, refuse to grant, revoke, suspend, cancel, impose
conditions on and otherwise manage licences thereunder shall, by the enactment of
this By-law, be deemed minor in nature and delegated to the Licence Issuer.
4.2
Neither the Town nor its employees, servants or agents shall be liable for damages or
compensation for any act, or omission thereof, which is in accordance with the
provisions of this By-law and every person to whom a licence is granted pursuant to
this By-law shall hold the Town harmless; for greater clarity, no damages or
compensation shall be paid to any person under any circumstances.
4.3
All fees set out in the Fees By-law which pertain to a business requiring a licence
pursuant to this By-law shall be applicable.
Applications
4.4
With the exception of where a director or officer is submitting an application on behalf
of their corporation, an agent shall only be permitted to submit an application for a
licence on behalf of another person if they first provide the Licence Issuer with an
authorization letter in the form prescribed by the Town which, in addition to any other
information required by the Licence Issuer.
4.5
Where as part of an application for a licence it is disclosed that the applicant has a
pending charge which would, based on the Threshold Policy within Appendix A,
disqualify them from being eligible for a licence pursuant to this By-law if convicted,
the Licence Issuer may grant a temporary licence to such applicant upon fulfillment of
all other application criteria and such temporary licence shall expire on the date
determined by the Licence Issuer or at the time the applicant is convicted, whichever
occurs first.
4.6
In the absence of a licence being granted, submission by an applicant of any or all
required application materials, including applicable fees, shall not constitute any
approval, authorization or permission from the Town and shall not obligate the Town
to grant a licence.
Licences
4.7
Except where determined otherwise by the Licence Issuer, no licence pursuant to this
By-law shall be granted for a future term more than 60 days in advance of the expiry
of the current term for that type of licence.
4.8
No renewal licence pursuant to this By-law shall be granted if the application for the
renewal is submitted more than 60 days after the licence has expired. The applicant
shall be required to apply for a new licence.
4.9
No licence pursuant to this By-law shall be transferable from the person to whom it
was granted and every licence shall remain the property of the Town with no person
enjoying any vested right in the continuance thereof.
4.10
Where a person provides a written request for the cancellation of their licence, the
Licence Issuer will subsequently cancel that licence at any time.
Insurance
4.11
Throughout the term, including any renewal thereof, every person required to have
insurance in accordance with this By-law shall obtain and maintain at their own
expense, including the cost of any applicable deductible, the policies of insurance as
required pursuant to any relevant Schedules, underwritten by an insurer or insurers
licensed to conduct business in the Province of Ontario.
4.12
Where the Schedules of this By-law require proof of particular types of insurance
policies, those policies shall be in accordance with the following:
(1) Commercial General Liability Insurance, including but not limited to bodily injury
and personal injury liability, property damage, products and completed operations
liability, cross-liability and severability of interest, owners and contractors
protective liability, blanket contractual liability, premises liability, broad form
property damage, employer's liability and voluntary compensation and contingent
employer's liability coverage, having an inclusive limit of not less than $2,000,000
per occurrence;
(2) Non-Owned Automobile Liability Insurance in standard form having an inclusive
limit of not less than $2,000,000 per occurrence in respect of vehicles not owned
by the operator that are used or operated on its behalf for the provision of services
under the contract;
(3) Standard Form Automobile Liability Insurance that complies with all requirements
of the current legislation of the Province of Ontario, having an inclusive limit of not
less than $2,000,000 per occurrence for Third Party Liability, in respect of the use
or operation of vehicles owned, operated or leased by the owner for the provision
of services;
(4) Standard Form Ontario Garage Automobile Insurance (OAP4) that complies with
all requirements of the current legislation of the Province of Ontario, having an
inclusive limit of not less than $2,000,000 per occurrence for Third Party Liability,
in respect of the use or operation of any customer's vehicles or non-owned
vehicles or any part of the vehicle by the operator or the servants, agents and
employees thereof for the provision of services; The above said policy should also
include Liability For Damage to a Customer's Vehicle with a limit of not less than
$150,000 each under Collision or Upset and Specified Perils, while the Customer's
Vehicle is in the care, custody and control of the operator or the servants, agents
and employees thereof and in the storage facility;
(5) to achieve the desired limits, umbrella or excess liability insurance may be used;
(6) the insurance shall be primary coverage and not additional to and shall not seek
contribution from any other insurance policies available to the Town; and
(7) every insurance policy shall provide 30 days' notice of any expiry, cancellation or
variation.
4.13
Every Certificate of Insurance submitted to the Licence Issuer pursuant to this By-law
shall be on the form as prescribed by the Licence Issuer.
4.14
Every person who is required to have insurance in accordance with this By-law shall
ensure that where the insurance is renewed or new insurance is acquired in its place,
the Licence Issuer is provided with a new Certificate of Insurance, in accordance with
the applicable requirements, at least 10 days prior to the expiry or cancellation of the
previously approved insurance; and for greater clarity, no lapse in coverage shall be
permitted.
4.15
The licence of any person who is required to have insurance in accordance with this
By-law shall be immediately suspended without notice at the time that such insurance
expires, is cancelled or otherwise ceases to provide valid coverage to the Town and
their licence shall only be re-instated upon delivery to the Licence Issuer of a new
Certificate of Insurance which is in accordance with the relevant application terms.
Part 5 - Refusal, Revocation, Suspension, Conditions and Appeals
Grounds for Refusal, Revocation, Suspension and Conditions
5.1
The Licence Issuer may revoke, suspend, refuse to grant and may impose conditions
on a licence pursuant to this By-law upon one or more of the following grounds:
(1) for the purposes of refusals and revocation, where the applicant or license holder
satisfies the ineligibility criteria of the Town's Threshold Policy set out in Appendix
A attached to this By-law;
(2) where the past or present conduct of an applicant or license holder affords
reasonable cause to believe that the applicant or license holder will not carry on or
engage in a business in accordance with the law or with honesty and integrity;
(3) where there is reason to believe that carrying on or engaging in a business would
adversely impact the health, safety or welfare of members of the public or be
otherwise contrary to public or consumer interest;
(4) where there are reasonable concerns that any lot, building, place or vehicle from
which a business will be carried on is not in compliance with the standards set out
in this By-law or is considered to be dangerous or unsafe;
(5) where there are reasonable concerns that false or misleading information,
documents or statements were provided to the Licence Issuer or any Officer by, or
on behalf of, an applicant or a license holder,
(6) where any information that has been provided to the Town, whether orally or in
writing, as part of an application for a licence ceases to be accurate and the
Licence Issuer has not been notified of the change, or where a person fails to
provide updated accurate information as required pursuant to Section 3.2;
(7) without limiting Section 4.16, where the license holder or applicant fails to maintain
appropriate insurance as required by this By-law;
(8) where all required application criteria for a licence have not been fulfilled or a
licence was otherwise granted in error;
(9) where the licence holder or applicant has failed to comply or ensure compliance
with any provision of this By-law;
(1O) where there is reasonable cause to believe that the carrying on of a business has
or will result in a contravention of this By-law or any other law, including but not
limited to the Zoning By-law, Fire Protection and Prevention Act, 1997, S.O. 1997,
c. 4 or the Building Code Act, 1992, S.O. 1992, c. 23;
(11) where the applicant or licence holder has failed to pay any required licensing fees
pursuant to the Fees By-law,
(12) where the applicant or license holder has failed to pay any outstanding
administrative penalties or fines imposed by a court as a result of a conviction for
contravening this or any other Town By-law;
(13) where there is reasonable cause to believe that a business will not be carried on
in a financially responsible manner;
(14) where any conditions imposed by the Licence Issuer in respect of a specialized
suspension, pursuant to Section 5.5 or 5.6, have not been satisfied by the end of
the suspension period applied;
(15) where any licence has been under suspension for a period in excess of 120 days;
(16) where there is reasonable cause to believe that the business will be carried out in
an area that would result in non-compliance with one or more of the Town's By-
laws;
(17) where a valid Provincial or Federal licence, or other authorization, which is required
to operate a business is not in place;
(18) where the applicant or licence holder has failed to submit a vehicle for which a
licence is sought or has been granted for an inspection at the request of the
Licence Issuer or an Officer or as otherwise required in accordance with this By-
law;
(19) where the applicant or license holder has failed to produce or otherwise provide
any information, documents or things required by an Officer or agent on behalf of
the Town or impeding examinations, the taking of tests, samples or photographs
as part of an inspection in accordance with Section 6.5;
(20) where the applicant or license holder has failed to comply with an order issued
pursuant to this By-law or a prohibition or other court order imposed in relation to
a Town By-law;
(21) where the applicant or license holder has failed to comply with or meet any
conditions imposed pursuant to Section 5.8; or
(22) where two or more substantiated complaints have been received by the Licence
Issuer in a one-year period regarding the applicant or license holder.
5.2
For greater clarity in respect of the application of the grounds set out in Section 5.1, the
conduct of the following shall be germane and may be considered:
(1) any officer or director of a corporation;
(2) any partner of a partnership; and
(3) employees or agents.
5.3
Where a licence is revoked, suspended or any conditions are imposed by the Licence
Issuer, no person shall be entitled to a refund of any fee paid pursuant to this By-law or
the Fees By-law.
5.4
Unless determined otherwise by the Director, where the Licence Issuer refuses to
grant a licence to a person or revokes a licence from a person, that person shall not
be entitled to apply for the same type of licence until the expiry date that would be
applicable to the licence which was refused or revoked.
Specialized Suspension
5.5
Where the Director is satisfied that the continuation of a business poses an immediate
danger to the health or safety of any person or to any property, the Director may, for
the time and on such conditions as they consider appropriate, without a hearing,
suspend a licence for a period not exceeding 14 days if the licence holder has first
been provided the reasons for the suspension, either orally or in writing, and has been
given an opportunity to respond to them.
5.6
The Director may, on such conditions as it considers appropriate, without a hearing,
suspend any licence that permits a business to operate on a highway or other property
of the municipality or its local boards for a period not exceeding 28 days based on the
following grounds:
(1) the holding of a special event;
(2) the construction, maintenance or repair of the property;
(3) the installation, maintenance or repair of a public utility or service;
(4) pedestrian, vehicular or public safety; or
(5) public health.
5.7
For the purposes of Sections 5.5 and 5.6, conditions as considered appropriate by the
Licence Issuer may include but are not limited to requirements which, if met, would
permit a licence to be re-instated prior to the expiry of the suspension period imposed
and such conditions shall not be required to be based on the grounds set out in Section
5.1.
Licence Conditions
5.8
Only based upon the grounds set out in Section 5.1, the Licence Issuer may impose:
(1) conditions as a requirement of obtaining, continuing to hold or renewing a licence;
(2) special conditions on a business in a class that have not been imposed on all of
the businesses in that class in order to obtain, continue to hold or renew a licence;
or
(3) conditions, including special conditions, as a requirement of continuing to hold a
licence at any time during the term of the licence.
5.9
Every person who holds a licence upon which a condition is placed shall comply with
the condition.
Notification Letter
5.10
Upon refusing to grant a licence to or revoking a licence from a person in accordance
with this By-law, the Licence Issuer shall prepare and provide a notification letter to
that person which shall include the following:
(1) an explanation of the reasons for the decision and reference to the grounds within
Section 5.1 upon which it was made;
(2) notice that an appeal hearing by the Town's Appeal Board may be applied for to
review the decision and the date by which such request for the hearing must be
received; and
(3) a declaration that where no request for an appeal hearing is received by the
prescribed date, the decision shall be deemed final with no further right by the
person to a hearing by the Appeal Board.
5.11
With the exception of a suspension pursuant to Sections 4.16 and 5.5, the Licence
Issuer shall, upon suspending a licence, prepare and provide a notification letter to the
person subject to the suspension which shall include the following:
(1) an explanation of the reasons for the decision and reference to the grounds upon
which it was made;
(2) in the case of a suspension pursuant to Section 5.6, any conditions that apply to
the suspension including but not limited to those which upon fulfilment would
permit the licence to be reinstated; and
(3) the date upon which the suspension will expire.
5.12
The Licence Issuer shall, upon imposing any conditions in accordance with Section
5.8, prepare and provide a notification letter to the applicant or licence holder subject
to the conditions, and such notice letter shall set out:
(1) all conditions which are imposed; and
(2) an explanation of the reasons for the conditions and reference to the grounds within
Section 5.1 upon which they were imposed.
5.13
A notification letter, as described in Sections 5.10, 5.11 and 5.12, may be provided by:
(1) being picked up at Town Hall, with service deemed effective on the date the letter
is given;
(2) personal delivery, with service deemed effective on the date the letter is given;
(3) ordinary mail to the last known address of the person to whom such letter is issued,
with service deemed effective on the 5th day after mailing;
(4) registered mail to the last known address of the person to whom such letter is
issued, with service deemed effective on the 5th day after mailing; or
(5) e-mail transmission only if the letter is also provided by registered mail and such
e-mail transmission may be delivered to the last known e-mail address of the
person to whom the letter is issued, with service deemed effective on the 5th day
after transmission.
5.14
Where an applicant voluntarily withdraws their application for a licence that would
otherwise be refused, the Licence Issuer shall not be required to provide a notification
letter pursuant to Section 5.10.
Licence Surrender
5.15
Every person whose licence is revoked or suspended shall surrender such licence to
the Licence lssuer within 2 days of:
(1) service of their notification letter being deemed effective in accordance with
Section 5.13; or
(2) being provided the reasons for a suspension, either orally or in writing, in the case
of Section 5.5.
Appeal of Licence Refusal and Revocation
5.16
A person to whom the Licence Issuer refuses to grant a licence or a person whose
licence is revoked, pursuant to Section 5.1, may apply to appeal the refusal or
revocation through a hearing by the Town's Appeal Board and the Appeal Board may:
(1) confirm the refusal or revocation;
(2) reverse the refusal and require the Licence Issuer to grant the licence; or
(3) reverse the revocation and require the Licence Issuer to reinstate the licence.
5.17
Any application or request to appeal a licence refusal or revocation shall not act as a
stay of the refusal or revocation or in any way constitute permission to engage in a
business for which a licence is required pursuant to this By-law.
5.18
Unless otherwise specified within the notification letter required by Section 5.10, the
final date to request an appeal hearing in respect of a licence refusal or revocation
shall be 20 days after the date that service of such letter was deemed effective in
accordance with Section 5.13 exclusive of any statutory holidays and any day where
the Town Hall is closed.
5.19
Where the Appeal Board requires that a licence be granted or reinstated, this shall not
preclude a person from being required to fulfill all applicable outstanding application
criteria for such licence prior to issuance.
5.20
The refusal to grant or revocation of a licence shall be deemed final, with no further
right of appeal to the Appeal Board, if a request for an appeal hearing has not been
appropriately submitted within the time indicated in the applicable notification letter
provided by the Licence Issuer.
Part 6 - Enforcement
6.1
The Director and Officers shall be responsible for the enforcement of the entirety of
this By-law and, in addition thereto, Police Officers shall be responsible for the
enforcement of Schedule E - Tow Truck Business and Schedule F - Impound
Business.
Powers of Entry and Inspection
6.2
Any Officer or agent on behalf of the Town may at any reasonable time enter upon
any land or lot for the purpose of carrying out an inspection to determine whether the
following are being complied with:
(1) this By-law;
(2) any direction or order pursuant to this By-law;
(3) any condition of a licence issued under this By-law; or
(4) an order issued pursuant to Section 431 of the Municipal Act, 2001.
6.3
An Officer or agent on behalf of the Town may exercise their power of entry under
Section 6.2 to enter or remain in any room or place actually being used as a dwelling
subject to the limitations and requirements in Section 437 of the Municipal Act, 2001.
6.4
Any Officer or agent on behalf of the Town may exercise their power of entry under
Section 6.2 at any time of the day or night to enter an adult entertainment
establishment as defined by Schedule A - Adult Business.
6.5
Any Officer, or other individual where responsible for enforcement of this By-law, may
with or without notice require that a vehicle, for which a licence is required pursuant to
a Schedule herein, be submitted at any reasonable time and required place for an
inspection by an agent on behalf of the Town to determine whether the following are
being complied with:
(1) this By-law;
(2) any direction or order pursuant to this By-law;
(3) any condition of a licence issued under this By-law; or
(4) an order issued pursuant to Section 431 of the Municipal Act, 2001.
6.6
Where an inspection is conducted pursuant to Part 6 of this By-law, any Officer or
agent on behalf of the Town may:
(1) require the production of documents and things for review that may be relevant to
the inspection including but not limited to licences, invoices, authorization forms,
procedures and records;
(2) inspect and remove documents or things which may be relevant to the inspection
for the purpose of making copies or extracts;
(3) require any information from any person concerning a matter related to the
inspection, including but not limited to names, addresses, contact information, and
proof of identity or other identification; and
(4) alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection.
6.7
A receipt shall be provided by the Town for any document or thing removed under
Subsection 6.6 (2) and the document or thing shall be promptly returned after the
copies or extracts are made.
6.8
Any Officer or agent on behalf of the Town may, for any circumstance set out within
this By-law, undertake an inspection in accordance with an order issued pursuant to
Section 438 of the Municipal Act, 2001.
6.9
No person shall hinder or obstruct, or attempt to hinder or obstruct, the Licence Issuer,
any Officer or agent on behalf of the Town who is exercising any power or authority,
or performing a duty as permitted pursuant to this By-law and, without limiting the
generality of the foregoing, the following shall constitute hindering or obstructing:
(1) declining, neglecting or failing to give, produce, deliver or submit any access,
information, document, vehicle or other thing that may be related or relevant to an
inspection; or
(2) providing any false or misleading information, document or other thing as part of
an application or concerning a matter that may be related or relevant to an
inspection.
Orders
6.10
Where an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order requiring the person who caused or permitted such
contravention, or the landowner of the land or lot upon which the contravention
occurred, to discontinue the contravening activity.
6.11
Where an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order requiring the person who caused or permitted such
contravention, or the landowner of the land or lot upon which the contravention
occurred, to do work to correct the contravention.
6.12
Where an Officer considers any dog kept by a kennel business, as defined pursuant
to Schedule C - Kennel Business, to be in immediate distress, such Officer may:
(1) issue an order pursuant to this By-law requiring work to be immediately completed
to correct the contravention which may include having the dog examined and
treated as necessary by a veterinarian; and
(2) where such order is not immediately complied with, remedial action may be
initiated in accordance with Section 6.19.
6.13
An order may be delivered:
(1) personally, with service deemed effective on the date the order is given;
(2) by providing it to any suspected adult individual on the land or lot where the
contravention occurred or at the last known address of any person named in the
order, with service deemed effective on the date the order is given;
(3) by ordinary mail to the address where the contravention occurred or the last known
address of any person named in the order, with service deemed effective on the
5th day after mailing;
(4) by registered mail to the address where the contravention occurred or the last
known address of any person named in the order, with service deemed effective
on the 5th day after mailing;
(5) by posting the order in a conspicuous location on the land or lot where the
contravention occurred or at the last known address of any person named in the
order, with service deemed effective on the day after posting; or
(6) by e-mail transmission only if the order is also delivered by registered mail and
such e-mail transmission may be delivered to the last known e-mail address of any
person named in the order, with service deemed effective on the 5th day after
transmission.
6.14
An Officer may enter upon any land for the purpose of delivering an order pursuant to
Section 6.13.
6.15
Every person to whom an order is issued shall comply with the order.
6.16
Any order issued pursuant to this By-law may be rescinded by the Director at any time.
6.17
The Director and Officers may extend the time for compliance with an order made
pursuant to this By-law.
6.18
No order issued under this By-law shall be appealed to any board, tribunal or similar
body established by the Town.
[Section 6.27
added, By-law
2026-066, effective
June 23, 2026]
Remedial Action and Cost Recovery
6.19
Wherever an order, issued pursuant to this By-law, directs or requires any matter or
thing to be done by any person within a specified time period, in default of it being
done by the specified time period, remedial action may be initiated by the Director or
an Officer and the Town may recover, from any person directed or required to do the
matter or thing, the costs incurred through a legal action or by adding the costs to the
tax roll and collecting them in the same manner as property taxes.
6.20
For the purposes of taking remedial action under Section 6.19, the Town, its Staff
and/or its agents may enter, at any reasonable time, upon any lands or lot on which a
default to carry out a required thing or matter occurred.
Infractions and Penalties
6.21
Every person who contravenes any provision of this By-law is guilty of an offence and
every director or officer of a corporation who knowingly concurs in the contravention
of this By-law by their corporation is guilty of an offence.
6.22
Every person who is charged with an offence under this By-law by the filing of a
certificate of offence under Part I of the Provincial Offences Act, upon conviction is
liable to a fine as provided for by the aforesaid act.
6.23
Every person who is charged with an offence under this By-law by the laying of an
information under Part Ill of the Provincial Offences Act, upon conviction is liable,
pursuant to the fine provisions of the Municipal Act, 2001 to fines as follows:
(1) to a minimum fine of $500 and to a maximum fine of $100,000;
(2) for each day or part of a day that the offence continues, to a minimum fine of $500
and a maximum fine of $10,000, and the total of all daily fines for the offence is not
limited to $100,000;
(3) in the case of multiple offences, for each offence included in the multiple offence,
to a minimum fine of $500 and a maximum fine of $10,000, and the total of all fines
for each included offence is not limited to $100,000; and
(4) in addition to any regular fines imposed in accordance with Subsections 6.23 (1),
(2) or (3), where it is established that economic gain is derived as a result of a
contravention of this By-law, a special fine equal to the amount of the economic
gain may be imposed.
6.24
If any provision of this By-law is contravened and a conviction entered, in addition to
any other remedy and to any penalty imposed by this By-law, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter may
make an order prohibiting the continuation or repetition of the offence by the person
convicted.
6.25
Pursuant to Section 430 of the Municipal Act, 2001, every person who is convicted of
an offence for a contravention of this By-law dealing with an adult entertainment
establishment, as defined by Schedule A - Adult Business, may, in addition to any
other penalties applied, be liable to a term of imprisonment not exceeding 1 year.
6.26
Only in accordance with the circumstances set out by Section 447 of the Municipal
Act, 2001 upon a conviction for a contravention of this By-law the court may order that
a premises or part of a premises be closed to any use for a period not exceeding two
years.
6.27
Every Person who contravenes any provision of this By-law, including an Order issued
under this By-law, is guilty of an offence and is liable to pay to the Town an
Administrative Penalty and any Administrative Fees, where applicable, pursuant to the
Administrative Monetary Penalty System By-law 2024-086, as amended
Part 7 - Severability
7.1
Should any provision of this By-law be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of this By-law as a whole or the
remaining provisions thereof.
Part 8 - Transition
8.1
By-law 78-59, By-law 2013-127 and amendments thereto including By-law 84-65, By-
law 2014-091, By-law 2015-007, By-law 2016-112, By-law 2017-30 and By-law 2018-
31 shall be repealed upon this By-law coming into effect.
8.2 Every licence granted pursuant to By-law 2013-127, as amended, for an activity
which is also regulated by this By-law, so long as the licence is valid and has not
expired at the time that this By-law is enacted, shall be continued and considered as
a lawful licence granted hereunder until the applicable expiry date set out in this By-
law and for greater clarity every such licence holder shall be subject to the provisions
of this By-law relevant to the type of licence.
8.3
This By-law shall come into full force and effect on June 28, 2022.
8.3
The Schedules of this By-law shall come into full force and effect as set out in the
following table:
Schedule
Effective Date
Schedule A - Adult Business (Operator
and Manager Licence)
June 28, 2022
Schedule B - Donation Box Business
(Operator Licence)
June 28, 2022
Schedule C - Kennel Business
(Operator Licence)
January 1, 2023
Schedule D - Pet Shop Business
(Operator Licence)
January 1, 2023
Schedule E - Food and Refreshment
Vehicle Business (Operator, Owner and
Attendant Licence)
June 28, 2022
Schedule F - Tow Truck Business
(Operator, Owner and Driver Licence)
June 28, 2022
Schedule G - Impound Business
(Operator Licence)
June 28, 2022
Schedule H - Vehicle for Hire Business
(only as it applies to a Private
Transportation Company or to a Private
Transportation Company Driver)
January 1, 2023
Schedule H - Vehicle for Hire Business
(only as it applies to Taxicab and
Limousine Broker, Owner and Driver)
June 28, 2022
Schedule I - Temporary Patio (Operator
Licence)
June 28, 2022
Enacted by the Town of Caledon Council this 28th day of June, 2022.
-- '.,,-.1 --
Schedule A - Adult Business
Part 1 - Definitions
1.1
In this Schedule:
"Adult business" means an adult entertainment business, adult merchandise business or
body-rub business;
"Adult entertainment business" means a business where adult services are provided in
pursuance of a trade, occupation or otherwise for financial gain;
"Adult entertainment establishment:' means any premises or part thereof used for an adult
business;
"Adult goods" means adult items, adult books and adult videos;
"Adult items" means objects designed primarily for the purposes of appealing to erotic or
sexual appetites including but not limited to dildos, vibrators and other masturbatory devices,
toys, devices and novelties advertised as or otherwise appropriate for use by adults only due
to their sexual nature, clothing and other articles relating to fetishism and erotica including
sculptures, figurines, illustrations, photographs, books or other visual depiction of one or more
individuals involved or engaging in specified sexual activities or by emphasis on the display
of specified body areas;
"Adult merchandise business" means a business where adult goods are provided in
pursuance of a trade, occupation or otherwise for financial gain;
"Adult services" means any performances, dances, exhibitions and viewings designed or
intended to appeal to, erotic or sexual appetites and which may include the nudity or partial
nudity of any individual as a principal feature or characteristic;
"Adult video" means any videotape, digital video disc or other electronic format, the content
of which is designed to appeal to erotic or sexual appetites through the pictorial, photographic
or other visual depiction of one or more individuals involved or engaging in specified sexual
activities or by an emphasis on the display of specified body areas;
"Body-rub" means an activity where the primary function is the kneading, manipulating,
rubbing, massaging, touching or stimulating of a part of an individual's body by any means
but does not include medical or therapeutic treatment given by a person otherwise duly
qualified, licensed or registered to do so under the laws of the Province of Ontario;
"Body-rub business" means a business where a body-rub is performed or offered in pursuance
of a trade, occupation or otherwise for financial gain;
"Drug" means any intoxicating substance with the exception of prescription medicine required
for medicinal purposes and alcohol;
"Erotic or sexual appetite" means the bent of mind, desire, inclination or preference to satisfy
a craving or desire pertaining to or related to sex;
"Manager" means any individual who, alone or with others, manages, supervises or directs
the activities of an adult business;
"Premises" means a building together with its lot and in the case of a multiple tenancy building
each individual unit shall constitute a separate premises;
"Specified body areas" means, in the case of a female individual, her nipples and areolae and,
in the case of all individuals, the pubic, perinea! and perianal areas, the genitals, anus and
buttocks;
"Specified sexual activities" means actual or simulated sexual intercourse, masturbation,
urination, defecation, ejaculation, sodomy, bestiality, anal intercourse, oral sexual intercourse,
direct physical stimulation of unclothed genital organs, and flagellation, bondage or torture in
the context of a sexual relationship or activity.
Part 2 - Application
2.1
Where an adult entertainment establishment is located within the municipal boundary,
any manager and the operator of the adult business which is conducted from that adult
entertainment establishment shall be subject to the applicable provisions within this
Schedule.
2.2
Appendix A shall be attached to and form part of this Schedule.
Permitted Area and Number
2.3
No licence in respect of an adult business shall be granted to the operator or any
manager thereof unless the adult entertainment establishment for such business is or
will be located in the subject lands delineated in Appendix A.
Part 3 - Licence Provisions
3.1
Pursuant to this Schedule, every manager shall be required to obtain a licence and an
operator of an adult business shall obtain a separate licence for each of their adult
entertainment establishments.
Expiry
3.2
Every licence granted pursuant to this Schedule shall expire 12 months after being
granted.
Application Criteria
3.3
An operator of an adult business shall submit an application for a licence to the Licence
Issuer on the form prescribed by the Town which shall only be deemed to be complete
and ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) the municipal address of the proposed or existing adult entertainment establishment
to which the application pertains;
(3) a floor plan which, in the opinion of the Licence Issuer, adequately depicts the
interior layout of any building to be used for the adult business;
(4) in the form of a Certificate of Insurance which shall include proof that the operator
is insured with Commercial General Liability Insurance and Non-Owned
Automobile Liability Insurance each in accordance with Section 4.12 of this By-
law;
(5) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(6) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(7) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a copy of its Articles of Incorporation;
(8) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(9) payment of the applicable fee as outlined in the Town's Fees By-law, and
(10) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.4
To renew a licence, an operator shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes:
(1) all items listed in Sections 3.3 (1) to 3.3 (5);
(2) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(3) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application if there has been any change in the officers or directors
of the corporation; and
(4) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership if the one filed with the
Licence Issuer has expired; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(5) payment of the applicable fee as outlined in the Town's Fees By-law, and
(6) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.5
A manager shall submit an application for a licence to the Licence Issuer on the form
prescribed by the Town which shall only be deemed to be complete and ready for
review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) a letter from a licensed operator confirming that the applicant will be employed in
respect of their adult business as a manager,
(3) a photo of the applicant taken by the Licence Issuer,
(4) proof that the applicant is a minimum of 18 years of age in the form of a Canadian
Birth Certificate, Provincial Driver's Licence, a valid Canadian Passport or a
Permanent Resident Card;
(5) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(6) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(7) proof that the applicant is entitled to work in Canada in the form of a Canadian Birth
Certificate, valid Canadian Passport, Canadian Citizenship Card, a Permanent
Resident Card or other valid employment authorization issued by a Canadian
government;
(8) payment of the applicable fee as outlined in the Town's Fees By-law, and
(9) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.6
To renew a licence, a manager shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes the items listed in Section 3.5, with the
exception of items (4) and (7).
3.7
A licence in respect of an adult entertainment establishment shall only be granted
where an inspection is completed by an Officer and they are of the opinion that the
provisions of this Schedule will be complied with.
Part 4 - Adult Business Provisions
4.1
No operator of an adult business shall cause or permit their adult entertainment
establishment to be located other than in accordance with Section 2.3.
4.2
No operator of an adult business or manager shall cause or permit any individual under
the age of 18 years to enter or remain in their adult entertainment establishment.
4.3
No operator of an adult business or manager shall cause or permit any:
(1) adult goods to be made available through automated vending or dispensing
equipment;
(2) adult video to be previewed or otherwise played at their adult entertainment
establishment; or
(3) adult goods, adult services or body-rub to be provided or otherwise made available
to an individual who is less than 18 years of age.
4.4
No operator shall cause or permit any adult entertainment establishment in respect of
their adult business to remain open or be used to provide any adult services, sell adult
goods or perform any body-rub unless a minimum of 1 manager, licensed pursuant to
this Schedule, is physically in attendance at such establishment.
4.5
No operator of an adult business or manager shall cause or permit any individual to
enter or remain in their adult entertainment establishment who appears to be
intoxicated by:
(1) alcohol; or
(2) any drug.
4.6
No operator of an adult business or manager shall cause or permit any adult services,
adult goods, including their packaging, or body-rub to be visible in any way from the
exterior of any building which is part of their adult entertainment establishment.
4.7
Every operator of an adult business shall ensure that any building which is part of their
adult entertainment establishment has:
(1) a sign posted at each exterior entrance which indicates that no individual under the
age of 18 years is permitted to enter or remain in the adult business; and
(2) in a location, size and style approved by the Licence Issuer, a sign displayed on its
exterior which sign shall include the licence number as provided by the Licence
Issuer and bear the words "Licensed Adult Business", "Any complaints regarding
this business may be reported to the Town of Caledon".
4.8
With the exception of any signs required by Section 4.7, no operator or manager may
cause or permit any outdoor sign, or other advertising device, to be placed in respect
of their adult business which includes any content other than the name of such
business and a logo, both which shall require the approval of the Licence Issuer.
4.9
Nothing in this Schedule shall prevent the placement of any sign, or other advertising
device, on an interior wall of a building that is part of an adult entertainment
establishment so long as the operator of the applicable adult business ensures that
the sign or advertising device is not visible from the exterior of the building.
4.10
Every operator of an adult business and manager shall ensure that the interior of any
building which is part of their adult entertainment establishment is kept in a clean and
sanitary condition at all times.
4.11
At every adult entertainment establishment used for their adult business, the operator
thereof shall ensure that a copy of the licence granted in respect of such business is
kept and made available for inspection upon request by any person.
Schedule A - Appendix A
Geographic Area Where Adult Entertainment Establishments May Be Permitted
LEGEND
Subject Lands
TOWN OF CA.LEDON
Town of Caledon
Regional Municipality of Peel
Schedule B - Donation Box Business
Part 1 - Definitions
1.1
In this Schedule:
"Charity" means a charity as defined in the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.)
that has a charity registration number issued by the Canada Revenue Agency;
"Donation box'' means an outdoor receptacle used for the purpose of collecting donated
clothing and similar textile items;
"Donation box business" means a business where, for financial gain, a donation box is used
to effectuate the sale of textile goods.
Part 2 - Application
2.1
Every operator of a donation box business which locates a donation box on a lot within
the municipal boundary shall be subject to the applicable provisions within this
Schedule.
2.2
Where the operator of a donation box business has a valid charitable registration
number issued by the Canada Revenue Agency, such charity may locate 1 donation
box within the municipal boundary without payment of the application fee, required
pursuant to Subsection 3.3 (11), so long as that donation box is located on a lot which
is primarily used for the operations or activities of the charity.
Part 3 - Licence Provisions
3.1
Every operator of a donation box business shall obtain a separate licence pursuant to
this Schedule for each lot on which they locate a donation box.
Expiry
3.2
Every licence granted pursuant to this Schedule shall expire 12 months after being
granted.
Application Criteria
3.3
An operator of a donation box business shall submit an application for a licence to the
Licence Issuer on the form prescribed by the Town which shall only be deemed to be
complete and ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) the municipal address of the lot on which the proposed or existing donation box to
which the application pertains will be located;
(3) a site map which, to the satisfaction of the Licence Issuer, displays the proposed
location where any donation boxes will be placed;
(4) a consent letter, in a form prescribed by the Town, from the landowner of the lot on
which any donation boxes will be placed;
(5) a signed statement from a professional engineer stating that the engineer has
reviewed the donation box, considered the potential safety risks and determined
that the donation box appropriately mitigates potential injury;
(6) if the applicant is a charity, their charity registration number provided by the
Canada Revenue Agency;
(7) in the form of a Certificate of Insurance which shall include proof that the operator
is insured with Commercial General Liability Insurance in accordance with Section
4.12 of this By-law;
(8) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code or any other applicable law;
(9) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(10) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a copy of its Articles of Incorporation;
(11) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(12) payment of the applicable fee as outlined in the Town's Fees By-law, and
(13) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.4
To renew a licence, an operator shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes:
(1) all items listed in Sections 3.3 (1) to 3.3 (8);
(2) where the applicant is a sole-proprietor, the application shall include:
(a) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(3) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application if there has been any change in the officers or directors
of the corporation; and
(4) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership if the one filed with the
Licence Issuer has expired; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(5) payment of the applicable fee as outlined in the Town's Fees By-law, and
(6) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.4 Where a licence has been granted by the Licence Issuer for a donation box to be
located on a lot and the operator of the corresponding donation box business intends
to either relocate such box on the lot or add a second donation box, a new site map
depicting the proposed box locations shall be required.
Part 4 - Location Requirements
4.1
No operator shall cause or permit any donation boxes used in respect of their donation
box business to be placed:
(1) in any location other than that approved by the Licence Issuer,
(2) on any lot which is zoned other than commercial, industrial, institutional or multiple
residential pursuant to the Zoning By-law,
(3) within 2 metres of any lot line; or
(4) in any parking space intended for motor vehicles.
4.2
Notwithstanding Subsection 4.1 (2), donation boxes may be placed on a lot owned by
the Town where written permission is granted by the appropriate Town department.
4.3
No person shall cause or permit in excess of 2 donation boxes to be placed on any lot.
Part 5 - Posted Information
5.1
Every operator shall ensure that on the exterior of each donation box used in respect
of their donation box business the following required information is posted:
(1) the name of such operator,
(2) the operator's registered charity number issued by the Canada Revenue Agency if
applicable;
(3) if the operator is not a charity, the words "Not a Charity";
(4) the address, phone number and e-mail address of the operator, and
(5) any other information as deemed necessary by the Licence Issuer.
5.2
Every operator of a donation box business shall ensure that the information required
on their donation box pursuant to Section 5.1 is:
(1) for each item in Subsections (1), (2) and (3), of a size no less than 10 centimetres
by 7.5 centimetres;
(2) for each item in Subsection (4), of a size no less than 5 centimetres by 5
centimetres;
(3) of a contrasting colour to the background on which it is placed; and
(4) permitted by the Licence Issuer which approval shall include the content, style and
location.
5.3
No operator shall cause or permit any donation box used in respect of their donation
box business to have on it any designs, markings or other content which may be
misleading in any way.
5.4
Every operator of a donation box business shall ensure that:
(1) any licence granted to them pursuant to this Schedule is affixed only to the donation
box for which it was granted and in a location that is clearly visible by the public;
and
(2) any renewal decal granted to them pursuant to this Schedule is only affixed to the
licence for which it was granted.
Part 6 - Maintenance
6.1
Every operator shall ensure that any donation box used in respect of their donation box
business is kept clean, in good repair and free of graffiti.
6.2
Every operator of a donation box business shall ensure that the area immediately
adjacent to any of their donation boxes is at all times kept clean and free of any litter,
refuse, debris and overflow of donated items.
Schedule C - Kennel Business
Part 1 - Definitions
1.1
In this Schedule:
"Board' means to house any dog for a temporary period of time;
"Breed' means to use a dog for the production of offspring;
"Enclosure" means a cage or other pen used for the keeping of a dog therein;
"Kennel business" means a business where in excess of 3 dogs are kept on a lot in relation
to the provision of breeding or boarding services for financial gain or for the purposes of being
sold;
"Kennel facility" means a building, enclosure or part thereof, used exclusively for the keeping
of dogs in connection with a kennel business.
Part 2 - Application
2.1
Every operator of a kennel business which is located on a lot within the municipal
boundary shall be subject to the applicable provisions within this Schedule.
2.2
Notwithstanding Section 2.1, the provisions of this Schedule shall not apply with
respect to:
(1) any public authority;
(2) a branch of the Ontario Society for the Prevention of Cruelty to Animals;
(3) the Ontario Provincial Police, a municipal or other Canadian police force;
(4) a veterinarian licensed by the College of Veterinarians of Ontario and any animal
hospital or health clinic that is lawfully operated and under their direct
management;
(5) a registered research facility or licensed supply facility pursuant to the Animals for
Research Act, R.S.O. 1990, c. A.22, as amended; or
(6) an educational facility where animals are being kept for study, research or teaching
purposes as permitted by the Ministry of Education.
2.3
Every person who holds a licence pursuant to this Schedule shall comply with all of
the requirements for an operator of a kennel business herein regardless of the number
of dogs kept at any one time.
Part 3 - Licence Provisions
3.1
For each lot where a kennel business is located, the operator thereof shall obtain a
separate licence pursuant to this Schedule.
Expiry
3.2
Every licence granted pursuant to this Schedule shall expire 12 months after being
granted.
Application Criteria
3.3
An operator of a kennel business shall submit an application for a licence to the
Licence Issuer on the form prescribed by the Town which shall only be deemed to be
complete and ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) the municipal address of the lot on which the proposed or existing kennel business
to which the application pertains is located;
(3) in the form of a Certificate of Insurance which shall include proof that the operator
is insured with Commercial General Liability Insurance in accordance with Section
4.12 of this By-law;
(4) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(5) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(6) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a copy of its Articles of Incorporation;
(7) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(9) payment of the applicable fee as outlined in the Town's Fees By-law, and
(10) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.4
To renew a licence, an operator shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes:
(1) all items listed in Sections 3.3 (1) to 3.3 (4);
(2) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(3) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application if there has been any change in the officers or directors
of the corporation; and
(4) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership if the one filed with the
Licence Issuer has expired; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(5) payment of the applicable fee as outlined in the Town's Fees By-law, and
(6) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.5
Every operator of a kennel business to which a licence has been granted shall notify
the Licence Issuer once the kennel facility is ready to be inspected by an Officer.
3.6
No operator of a kennel business shall cause or permit their kennel facility to operate
unless an inspection is completed by an Officer and they are of the opinion that the
provisions of this Schedule will be complied with.
Part 4 - Facility Standards
Kennel Facility
4.1
Every operator of a kennel business shall ensure that a kennel facility is provided on
any lot where dogs are kept in respect of their business and that any such facility is
constructed and maintained in accordance with the following:
(1) interior walls shall be non-porous, watertight, easily cleaned and sanitized;
(2) the roof shall be appropriately constructed and covered with suitable materials to
prevent leakage and exposure of the dogs to any adverse weather conditions;
(3) the interior of the kennel facility shall have electric lighting;
(4) the indoor temperature shall be maintained at a minimum of 15 degrees Celsius
and a maximum which does not create any danger to the health of the dogs kept
within the kennel facility;
(5) the kennel facility shall be adequately ventilated;
(6) all unused dog food kept in the kennel facility shall be stored in sealed vermin proof
containers; and
(7) the kennel facility shall be maintained in good repair and kept in a clean and
sanitary condition free of offensive odours.
4.2
Within any kennel facility used for their kennel business, the operator thereof shall
ensure that a copy of the licence granted in respect such business is displayed in a
manner that is clearly visible to any person attending the kennel facility.
Exercise Area
4.3
On a lot where any dogs are kept in respect of a kennel business, the operator thereof
shall ensure that an outside exercise area for dogs is provided which shall be:
(1) fenced in a manner that is fully enclosed to prevent the escape of any dog therein;
(2) large enough for dogs to have adequate space to run;
(3) free of any debris that could cause injury to a dog;
(4) cleaned of any excrement at least once daily and kept in a sanitary manner at all
times;
(5) constructed with a running surface of grass, dirt, concrete, asphalt or fine gravel
that is safe and non-slippery;
(6) not have any individual side which is less than 1 metre in length;
(7) have a minimum area of 9.5 square metres to be increased by 3 square metres for
each additional dog therein over the number of one;
(8) have a height of no less than 1 metre above the tallest dog in a standing position
kept therein; and
(9) include a section maintained in a dry condition and of sufficient size to permit a dog
within to lie down
Enclosures
4.4
Every operator of a kennel business shall ensure that any kennel facility provided in
respect of their business includes interior enclosures that:
(1) are only constructed of metal, wire, impermeable concrete or any combination
thereof;
(2) have a floor made of smooth concrete or similar material that is impervious to water
and adequately sloped to a drain;
(3) are large enough to permit any dog therein to:
(a) turn around easily;
(b) stand normally to its full height;
(c) lie down in a fully extended position; and
(d) extend its legs and body to their full natural extent;
(4) have suitable bedding placed on top of a platform made of wood, fiberglass or
similar material which shall be raised off the ground and large enough to
accommodate any dog kept within the enclosure;
(5) are equipped with food and water containers which are mounted or situated such
that they cannot be easily overturned; and
(6) shall be kept in a sanitary condition and cleaned regularly to ensure that all
excrement and other refuse is removed.
Part 5 - Care Requirements
5.1
Every operator of a kennel business shall ensure that:
(1) an adequate number of staff, with sufficient knowledge and experience to provide
proper care for dogs, are working at their kennel facility for a minimum of 8 hours
in every 24 hour period, including weekends and holidays;
(2) with the exception of puppies kept together or with their mother, all dogs kept within
their kennel facility shall be housed separately in individual enclosures unless their
owners specifically request otherwise;
(3) where any puppies are kept in an enclosure with an adult dog at their kennel facility,
such enclosure shall have sufficient extra space for each puppy in order to
comfortably house all dogs;
(4) any dog kept within their kennel facility is provided clean fresh drinking water and
a source of food sufficient to maintain the dog in full health;
(5) access to veterinarian services are available at all times and provided to any dog
kept at their kennel facility if required to relieve distress caused by injury, sickness
or otherwise;
(6) each dog kept at their kennel facility is placed in an exercise area, in accordance
with Section 4.4, for at least two 30 minute sessions within a 24 hour period and
during such sessions dogs shall be supervised to prevent escape and mitigate
noise; and
(7) no dog kept at their kennel facility is placed within an exercise area for more than
20 hours within a 24 hour period.
5.2
Notwithstanding Section 5.1 (6), no operator shall cause or permit any dog kept by
their kennel business to remain outside during unsafe weather which may pose a risk
to the animal including but not limited to extreme heat and cold, snow storms, freezing
or heavy rain and strong winds.
5.3
No operator shall cause or permit a dog associated with their kennel business to be
offered for sale before its normal weaning age of 8 weeks.
Breeding Restrictions
5.4
No operator of a kennel business shall cause or permit any female dog associated
with the business to:
(1) be mated if she is less than 1 year in age;
(2) have more than two litters in a 12 month period; or
(3) give birth to more than 6 litters in her lifetime.
Part 6 - Records
6.1
Every operator of a kennel business shall ensure that at all times written procedures
are kept at their kennel facility which shall outline:
(1) appropriate methods for handling dogs;
(2) an approach for addressing any escape of a dog;
(3) instructions for handling sickness, injury or the death of a dog;
(4) methods for handling situations where a dog has bitten or attacked an individual or
other dog; and
(5) contact information for the Town's Animal Shelter and an emergency veterinarian.
6.2
Every operator of a kennel business shall ensure that the following information is
recorded:
(1) for any dog boarded at their kennel facility:
(a) the name, address and contact information, including emergency contact
numbers, of the dog's owner;
(b) a description of each dog, its name, breed and microchip number if applicable;
(c) up to date verification of rabies immunization; and
(d) the dates of arrival and departure;
(2) for every dog born as a result of breeding associated with the business, the date
of birth, breed, sex, colour, markings, microchip number if applicable and name of
the dam; and
(3) for any dog sold in respect of the business, the name and address of the purchaser,
the date of sale, sale price, breed, sex, age and a description of the dog.
6.3
Every operator of a kennel business shall ensure that the recorded information referred
to in Section 6.2 is retained for a minimum of 2 years from the date the record is
created.
Schedule D - Pet Shop Business
Part 1 - Definitions
1.1
In this Schedule:
"Animal' means any member of the animal kingdom, other than a human;
"Animal Care and Control By-law'' means the Town's Animal Care and Control By-law 2019-
43, as amended or successor by-law;
"Pet shop" means a building, structure or part thereof used for carrying on a pet shop
business;
"Pet shop business" means a business where cats and dogs for use as pets are sold or kept
for sale for financial gain;
Part 2-Application
2.1
Every operator of a pet shop which is located on a lot within the municipal boundary
shall be subject to the applicable provisions within this Schedule.
Part 3 - Licence Provisions
3.1
For each lot where a pet shop is located, the operator thereof shall obtain a separate
licence pursuant to this Schedule.
Expiry
3.2
Every licence granted pursuant to this Schedule shall expire 12 months after being
granted.
Application Criteria
3.3
An operator of a pet shop business shall submit an application for a licence to the
Licence Issuer on the form prescribed by the Town which shall only be deemed to be
complete and ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) the municipal address of the lot on which the proposed or existing pet shop to which
the application pertains is located;
(3) in the form of a Certificate of Insurance which shall include proof that the operator
is insured with Commercial General Liability Insurance in accordance with Section
4.12 of this By-law;
(4) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, or any other applicable
law;
(6) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(7) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a copy of its Articles of Incorporation;
(8) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(9) payment of the applicable fee as outlined in the Town's Fees By-law, and
(10) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.4
To renew a licence, an operator shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes:
(1) all items listed in Sections 3.3 (1) to 3.3 (4);
(2) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(3) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application if there has been any change in the officers or directors
of the corporation; and
(4) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership if the one filed with the
Licence Issuer has expired; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(5) payment of the applicable fee as outlined in the Town's Fees By-law, and
(6) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.5
Every operator of a pet shop business to which a licence has been granted shall notify
the Licence Issuer once the pet shop is ready to be inspected by an Officer.
3.6
No operator of a pet shop business shall cause or permit their pet shop to operate
unless an inspection is completed by an Officer and they are of the opinion that the
provisions of this Schedule will be complied with.
3.7
Every operator shall ensure that a copy of the licence granted for the pet shop
business is displayed in a manner that is clearly visible to any person attending the
pet shop.
Part 4 - Sources of Cats and Dogs
4.1
Every operator of a pet shop business shall obtain cats and dogs from only the
following sources:
(1) municipal animal shelters; or
(2) registered humane societies.
4.2
Every operator of a pet shop business shall post on-premises and through electronic
means where available, the source(s) of the cats and dogs being offered for sale by
the pet shop.
Part 5 - Operator Requirements
5.1
Every operator of a pet shop business shall:
(1) at all times maintain the pet shop in a sanitary, well ventilated, clean condition and
free from offensive odours;
(2) keep all animals in sanitary, well-bedded, well-lighted, clean quarters and at a
temperature appropriate for the health requirements of the species of animals
housed therein;
(3) locate all cages, tanks, containers or other enclosures in which animals are housed
in such a way as to provide maximum comfort to satisfy the known and established
needs for the particular species so housed and shall be provided with safeguards
to prevent extreme environmental changes;
(4) prevent undue physical contact with the animals by the general public;
(5) where the quarters used for the housing of any animal form part of or are physically
attached to a building used for human habitation or to which the public have
access, ensure such quarters has a concrete or other impermeable floor with a
drain opening hooked to a sanitary system, and such floor shall be thoroughly
cleaned and washed with water at least once each day, or more often than once if
necessary to keep the said floor clean;
(6) ensure every cage or other container used for the keeping or housing of any animal:
(a) is of adequate size to permit any such animal to:
(i) turn around easily;
(ii) stand normally to its full height;
(iii) lie down in a fully extended position; and
(iv) extend its legs and body to their full natural extent;
(c) has a floor of either solid or wire mesh construction or any combination thereof,
provided that:
(i) all spaces in wire mesh shall be smaller than the pads of the foot of any
animal confined therein;
(ii) any such wire mesh shall be of a thickness and design adequate to prevent
injury to any such animal; and
(iii) such floor shall be of sufficient strength to support the weight of any such
animal.
(d) is equipped receptacles for food and for water, so mounted or situated that they
cannot be easily overturned or contaminated.
(7) provide potable water to every animal in sufficient quantity;
(8) provide food in accordance with the particular food requirements of each type or
species of animal;
(9) ensure lighting in the pet shop is sufficient to permit observation of all animals;
(10) at all times provide litter pans containing clean litter for kittens and cats; and
(11) make available within the pet shop, an exercise area and separate suitable area
that permits segregation of animals which require special observation or attention.
5.2
No operator of a pet shop business shall cause or permit:
(1) any animal prohibited in accordance with the Animal Care and Control By-law to
be kept or offered for sale;
(2) any diseased animal to be displayed or offered for sale;
(3) any animal to be offered for sale before its normal weaning age;
(4) animals to be kept in crowded cages, containers or quarters; or
(5) incompatible animals to be confined or displayed in the same cage.
Personnel
5.3
Every operator of a pet shop business shall:
(1) ensure that all persons responsible for the care, feeding or cleaning of animals are
adequately trained in the handling and care of all such animals;
(2) keep posted in a conspicuous place for employees, instructions issued to all
personnel for the cleaning, care and feeding of the animals in the pet shop; and
(3) provide for sufficient number of employees to provide for the care of animals and
maintenance of the pet shop during normal business hours.
Care of Sick Animals
5.4
Every operator of a pet shop business shall:
(1) retain the services of a consulting veterinarian with the name and telephone
number posted in a conspicuous place easily accessible to all personnel in the pet
shop;
(2) ensure any animal indicating signs of sickness or disease is immediately examined
and appropriately treated by a veterinarian or other qualified person experienced
in the care and treatment of the species concerned;
(3) keep any animal described in Subsection 5.4 (1) in a quarantine area, separate
from all other animals until such illness has been cured; and
(4) properly and lawfully dispose of any deceased animal.
Part 6: Records
6.1
Every operator of a pet shop business shall keep and maintain a register of all
animal sales and purchases containing the following information entered at the time
the animals come into the possession of the pet shop:
(1) name and address of the source from which the animals were purchased or
otherwise obtained;
(2) date of purchase or other acquisition;
(3) description of each animal including sex, age and breed if applicable; and
(4) medical record of each animal.
6.2
Every operator shall provide a receipt containing the information listed in 6.1 to each
person who purchases an animal from the pet shop.
6.3
Every operator shall keep and maintain a register of all animals sold by the pet shop
containing the following information:
(1) date of sale;
(2) description of each animal including sex, age and breed if applicable; and
(3) name, address and telephone number to whom the animal was sold.
6.4
Every operator shall ensure that the recorded information referred to in Sections 6.1
and 6.3 is retained for a minimum of 12 months from the date the record is created.
Schedule E - Food and Refreshment Vehicle Business
Part 1 - Definitions
1.1
In this Schedule:
"Attendant' means any individual who, in respect of a food and refreshment vehicle business,
prepares, apportions or serves consumable goods from a food and refreshment vehicle or
drives such vehicle;
"Consumable goods" means ice cream, frozen confections, food, drinks or similar
refreshments;
"Food and refreshment vehicle" means a mobile food and refreshment vehicle, a stationary
food and refreshment vehicle and a special event food and refreshment vehicle;
"Food and refreshment vehicle business" means a business where a food and refreshment
vehicle is used for the sale or other provision of consumable goods for financial gain;
"Mobile food and refreshment vehicle" means a vehicle from which consumable goods are
prepared, apportioned or otherwise served but which is transient at any given location and
shall not include any vehicle used solely for the delivery of consumable goods;
"Special event' means a sporadic and temporary community, social, familial, cultural,
recreational, educational or similar gathering which is sanctioned by the Licence Issuer,
"Special event food and refreshment vehicle" means a vehicle from which consumable goods
are prepared, apportioned or otherwise served while at a special event;
"Stationary food and refreshment vehicle" means a vehicle from which consumable goods are
prepared, apportioned or otherwise served and which is stationary in a fixed location.
Part 2 - Application
2.1
Where any food and refreshment vehicle is used within the municipal boundary to
prepare, apportion or serve consumable goods in respect of a food and refreshment
vehicle business, the operator of such business, owner of the food and refreshment
vehicle and any attendant who uses the vehicle shall be subject to the applicable
provisions within this Schedule.
Part 3 - Licence Provisions
3.1
Pursuant to this Schedule, every operator of a food and refreshment vehicle business
and attendant shall be required to obtain a licence and an owner shall be required to
obtain a separate licence for each of their food and refreshment vehicles.
3.2
No operator shall cause or permit any individual to act in respect of their food and
refreshment vehicle business as an attendant unless the individual is licensed as such
pursuant to this Schedule.
3.3
Every operator that will also be working as an attendant for their food and refreshment
vehicle business shall not be required to pay the fees applicable to the attendant
licence.
3.4
Every operator of a food and refreshment vehicle business shall ensure that a copy of
the licence granted to them, pursuant to this Schedule, is kept in the food and
refreshment vehicle and made available for inspection upon request by any person.
Expiry
3.5
Every operator licence granted pursuant to this Schedule shall expire 24 months after
being granted.
3.6
Every owner licence granted pursuant to this Schedule shall expire 12 months after
being granted.
3.7
Every attendant licence granted pursuant to this Schedule shall expire annually on the
applicant's birthday except where the applicant's birthday is February 29th, the expiry
date for such licence shall be February 28th for licensing purposes only.
Application Criteria
3.8
An operator of a food and refreshment vehicle business shall submit an application for
a licence to the Licence Issuer on the form prescribed by the Town which shall only
be deemed to be complete and ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) a list of all food and refreshment vehicles that will be engaged in the food and
refreshment vehicle business;
(3) in the form of a Certificate of Insurance which shall include proof that the operator
is insured with Commercial General Liability Insurance and Non-Owned
Automobile Liability Insurance each in accordance with Section 4.12 of this By-
law;
(4) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(5) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(6) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a copy of its Articles of Incorporation;
(7) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(8) where the operator intends to use any stationary food and refreshment vehicle for
their food and refreshment vehicle business, for each such vehicle the application
shall include:
(a) the municipal address where the vehicle will be placed;
(b) a site map which, to the satisfaction of the Licence Issuer, displays the
proposed location where the vehicle will be placed; and
(c) a consent letter, in a form prescribed by the Town, from the landowner of the
lot on which the vehicle will be placed;
(9) payment of the applicable fee as outlined in the Town's Fees By-law, and
(10) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.9
To renew a licence, an operator shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes:
(1) all items listed in Sections 3.8 (1) to 3.8 (4);
(2) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(3) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application if there has been any change in the officers or directors
of the corporation; and
(4) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership if the one filed with the
Licence Issuer has expired; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(5) payment of the applicable fee as outlined in the Town's Fees By-law, and
(6) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.10 An attendant shall submit an application for a licence to the Licence Issuer on the form
prescribed by the Town which shall only be deemed to be complete and ready to
review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) a letter from a licensed operator confirming that the applicant will be employed in
respect of their food and refreshment vehicle business;
(3) a photo of the applicant taken by the Licence Issuer,
(4) proof that the applicant is a minimum of 18 years of age in the form of a Canadian
Birth Certificate, Provincial Driver's Licence, a valid Canadian Passport or a
Permanent Resident Card;
(5) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(6) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(7) proof that the applicant is entitled to work in Canada in the form of a Canadian Birth
Certificate, valid Canadian Passport, Canadian Citizenship Card, a Permanent
Resident Card or other valid employment authorization issued by a Canadian
government;
(8) where the applicant will drive a mobile food and refreshment vehicle, the application
shall include:
(a) their valid Provincial Driver's Licence with a minimum Class G; and
(b) an Ontario Ministry of Transportation Driver Abstract for the applicant dated
within 60 days of the application;
(9) payment of the applicable fee as outlined in the Town's Fees By-law, and
(10) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.11
To renew a licence, an attendant shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes the items listed in Section 3.10, with the
exception of items (4) and (7).
3.12
An owner of a food and refreshment vehicle shall submit an application for a licence
to the Licence Issuer on the form prescribed by the Town which shall only be deemed
to be complete and ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) a letter from a licensed operator confirming that the owner's food and refreshment
vehicle will be used in respect of their food and refreshment vehicle business;
(3) in the form of a Certificate of Insurance, proof that their food and refreshment
vehicle is insured with Standard Form Automobile Liability Insurance in
accordance with Section 4.12 of this By-law;
(4) where the vehicle to which the application pertains contains propane or other
hydrocarbon fuel fired cooking appliances or fuel storage associated thereto, an
Annual Inspection Certificate provided by a certified gas technician on the form as
prescribed by the Technical Standards & Safety Authority;
(5) written approval from the Region of Peel Public Health, or other board of health
pursuant to the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, that the
food and refreshment vehicle meets applicable health and safety standards;
(6) where the application pertains to a mobile food and refreshment vehicle the
following shall be included for such vehicle:
(a) the vehicle permit issued pursuant to the Highway Traffic Act; and
(b) a valid Safety Standards Certificate or Annual Inspection Certificate;
(7) payment of the applicable fee as outlined in the Town's Fees By-law, and
(8) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.13
To renew a licence, an owner shall submit an application to the Licence Issuer on the
form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes all the items listed in Section 3.12.
3.14
A licence in respect of an owner shall only be granted where an inspection of their food
and refreshment vehicle is completed by an Officer, and agent on behalf thereof as
necessary, and they are of the opinion that the provisions of this Schedule will be
complied with.
Part 4 - Attendant Conduct
4.1
While working in respect of a food and refreshment vehicle business, every attendant
shall:
(1) keep their licence, granted pursuant to this Schedule, with them at all times;
(2) remain in a sanitary state by wearing clean clothes and having clean hands;
(3) refuse to serve any individual standing in a roadway;
(4) clean up any debris, refuse or garbage in the immediate vicinity of a serving
location which results from the operation of their food and refreshment vehicle; and
(5) prior to leaving any serving location with a mobile food and refreshment vehicle,
walk around the entire exterior of such vehicle and, if applicable, use its mirror
system to ensure that no pedestrians remain nearby.
4.2
No attendant shall cause or permit their mobile food and refreshment vehicle to be
stopped or parked for the purposes of preparing, apportioning or serving consumable
goods:
(1) within a Town park or on any other Town lot unless written permission is provided
by the Town;
(2) at any location where such vehicle was previously stopped or parked within the
last 2 hours;
(3) between the hours of 10:00 p.m. and 9:00 a.m.;
(4) less than 30 metres from any intersection; or
(5) within 100 metres of a lot on which a public or private school is located between
the hours of 9:00 a.m. and 5:00 p.m. on any school day.
Part 5 - Mobile Food and Refreshment Vehicles
5.1
No operator shall cause or permit any mobile food and refreshment vehicle that is a
motor vehicle to be used for their food and refreshment vehicle business unless it is
equipped with a device in working order that creates an audible warning when the
vehicle is placed in reverse gear.
Part 6 - Stationary Food and Refreshment Vehicles
6.1
Every operator shall ensure that, where a stationary food and refreshment vehicle is
used in respect of their food and refreshment vehicle business, it is placed only in the
location permitted in accordance with the site map approved by the Licence Issuer for
such vehicle.
6.2
No operator shall cause or permit any stationary food and refreshment vehicle used
for their food and refreshment vehicle business to be located:
(1) on any lot owned by a public authority unless approval has been granted by such
public authority;
(2) within 8 metres of any vehicular entrance to a lot; or
(3) in a manner which may obstruct the flow or visibility of vehicular or pedestrian
traffic.
Part 7 - Food and Refreshment Vehicles
Condition and Equipment
7.1
Every operator of a food and refreshment vehicle business shall ensure that:
(1) any food and refreshment vehicle used in respect of their business:
(a) is kept in good repair and free from exterior body damage with a well-
maintained exterior paint or similar finish;
(b) includes a "K" Class portable fire extinguisher if such vehicle has a deep fat
fryer, range, griddle, char-broiler or other similar cooking equipment; and
(c) has a recycling bin and a container for refuse which includes a self-closing lid;
(2) all equipment and items used in respect of their food and refreshment vehicle for
the preparation or apportionment of consumable goods are:
(a) kept in a clean and sanitary condition at all times; and
(b) maintained in good repair.
Menu and Pricing
7.2
Unless otherwise approved by the Licence Issuer, every operator of a food and
refreshment vehicle business shall ensure that on the exterior of any food and
refreshment vehicle used for their business is placed a clearly legible sign which
identifies the consumable goods for sale and the prices thereof.
Location
7.3
No operator shall cause or permit any food and refreshment vehicle used in respect of
their food and refreshment vehicle business to be located within 3 metres of any
building, wall or other combustible structure if such vehicle contains propane or other
hydrocarbon fuel fired cooking appliances.
Plate Provisions
7.4
Every owner of a food and refreshment vehicle used in respect of a food and
refreshment vehicle business shall ensure that:
(1) any plate granted to them pursuant to this Schedule is affixed only to the vehicle
for which it was granted and in a location approved by the Licence Issuer, and
(2) any renewal decal granted to them pursuant to this Schedule is only affixed to the
plate for which it was granted.
7.5
No operator shall cause or permit a food and refreshment vehicle to be used in respect
of their food and refreshment vehicle business unless it has affixed to it a plate with a
renewal decal attached thereon which has not expired.
Part 8 - Special Event Food and Refreshment Vehicles
8.1
Notwithstanding Part 3 of this Schedule and subject to Section 8.4, for each special
event food and refreshment vehicle which is not otherwise licensed as a food and
refreshment vehicle, only the operator of the food and refreshment vehicle business
in respect of which such vehicle is used shall be required to obtain a licence which
shall only be valid for the duration of the special event.
8.2
For the licence described in Section 8.1, an operator of a food and refreshment vehicle
business shall submit an application to the Licence Issuer on the form prescribed by
the Town which shall only be deemed to be complete and ready for review by the
Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) in the form of a Certificate of Insurance which shall include the Town as an
additional insured, proof that the operator is insured with Commercial General
Liability Insurance and Non-Owned Automobile Liability Insurance and proof that
the special event food and refreshment vehicle is insured with Standard Form
Automobile Liability Insurance each in accordance with Section 4.12 of this By-
law;
(3) where the vehicle to which the application pertains contains propane or other
hydrocarbon fuel fired cooking appliances or fuel storage associated thereto, an
Annual Inspection Certificate provided by a certified gas technician on the form as
prescribed by the Technical Standards & Safety Authority;
(4) written approval from the Region of Peel Public Health, or other board of health
pursuant to the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, that the
food and refreshment vehicle meets applicable health and safety standards;
(5) payment of the applicable fee as outlined in the Town's Fees By-law, and
(6) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
8.3
Sections 4.1 (1), 7.4 and 7.5 shall not apply in respect of a special event food and
refreshment vehicle.
8.4
Where a special event food and refreshment vehicle which is not otherwise licensed
is used at more than 3 special events within one calendar year, in place of Section 8.1
herein, all licensing requirements pursuant to Part 3 of this Schedule shall apply.
Schedule F -Tow Truck Business
Part 1 - Definitions
1.1
In this Schedule:
"Authorization form" means the form, as prescribed by the Town, used for a hirer to officially
authorize the provision of services;
"Collision" means where a vehicle has contacted another vehicle, struck an object, was struck
by an object or has turned over and in all such cases received damage;
"Driver" means any individual who, in respect of a tow truck business, operates a tow truck or
provides roadside services;
"Drop or administration fee" means a fee, commission, gift or any other consideration which
is in addition to the amount authorized to be charged under a Schedule of Rates;
"Gross vehicle weight rating'' means the maximum total rated capacity of a motor vehicle, as
rated by the chassis manufacturer specification stamp on such vehicle;
"Gross weight' means the combined weight of vehicle and load;
"Hirer" means a person whose name appears on the plate portion of a vehicle permit issued
pursuant to the Highway Traffic Act, or an authorized person on behalf thereof, who has hired
or seeks to hire services for that motor vehicle;
"Platform carrier" means together any motor vehicle and flat bed, float or similar platform body
attached to or drawn by it which is used to convey or otherwise move motor vehicles;
"Registered gross weight' means the weight for which a vehicle permit, pursuant to the
Highway Traffic Act, has been issued;
"Roadside service" means emergency or roadside services including but not limited to
unlocking a vehicle, changing a tire, boosting a vehicle battery or delivering gasoline;
"Tow sling'' means a device used for lifting and towing motor vehicles with a partial load
supported on rubber or similar belts;
"Tow truck'' means any motor vehicle, including a platform carrier, used for the purposes of
towing, conveying or otherwise moving other motor vehicles;
"Tow truck business" means a business where, for financial gain, roadside services are
provided or a tow truck is used for the provision of services involving the towing, conveying or
otherwise moving of a motor vehicle;
"Underlift' means a device used for towing motor vehicles by lifting one end of the towed motor
vehicle from under its axle or structural frame;
"Wheel Jiff' means a device used for towing motor vehicles by lifting one end of the towed
motor vehicle by the wheels;
"Work order" means any form, order, written approval or any other document that, when
signed by a hirer, provides authorization to any person to carry out work to a vehicle, including
but not limited to maintenance or repairs, but shall not include an authorization form;
"Wrecker body" means a manufacturer's wrecker unit which is designed to be attached to the
frame of a cab and chassis and used with an underlift, tow sling, wheel lift or similar winching
or hoisting device and which is maintained in a manner to ensure safe lifting and conveying
of a motor vehicle to be towed.
Part 2 - Application
2.1
Every operator of a tow truck business, owner and driver shall be subject to the
applicable provisions pursuant to this Schedule if they, directly or indirectly, are hired,
seek to be hired or hold themselves out by actions, words or otherwise as being
available for hire for the purposes of:
(1) towing, conveying or otherwise moving a motor vehicle from a point within the
municipal boundary to either a point also within such boundary or to any point
beyond; or
(2) providing roadside service within the municipal boundary.
2.3 In the absence of evidence to the contrary, any towing, conveying or other moving of
a motor vehicle by a tow truck will be deemed to have originated within the municipal
boundary.
Part 3 - Licence Provisions
3.1
Pursuant to this Schedule, every operator of a tow truck business and driver shall be
required to obtain a licence and an owner shall be required to obtain a separate licence
for each of their tow trucks.
3.2
No operator shall cause or permit any individual to act in respect of their tow truck
business as a driver unless the individual is licensed as such pursuant to this
Schedule.
3.3
No licence shall be granted to a driver or an owner of a tow truck unless the operator
of the tow truck business in respect of which they intend to be engaged holds a valid
licence for that term.
3.4
No driver shall commence to tow, convey, move or in any way lift, hook or connect a
motor vehicle to a tow truck or provide any roadside service unless the operator of the
tow truck business in respect of which they intend to be engaged holds a valid licence
for that term.
Expiry
3.5
Every operator and owner licence granted pursuant to this Schedule shall expire 12
months after being granted.
3.6
Every driver licence granted pursuant to this Schedule shall expire annually on the
applicant's birthday except where:
(1) the applicant has applied for and has been granted a licence for a 2 year term,
such licence shall expire on the applicant's birthday in 2 years; or
(2) the applicant's birthday is February 29th, the expiry date for such licence shall be
February 28th for licensing purposes only.
Application Criteria
3.7
An operator of a tow truck business shall submit an application for a licence to the
Licence Issuer on the form prescribed by the Town which shall only be deemed to be
complete and ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) a declaration affirming whether the operator has any interest, directly or indirectly,
in any building, yard or place used for the storage or impounding of vehicles or in
any business that involves the storage, repair or servicing of vehicles and, where
any interest exists, full information as to the location, type of facilities, nature and
extent of the interest shall be disclosed;
(3) a Schedule of Rates for the operator's tow truck business;
(4) an Ontario Ministry of Transportation Level 1 CVOR Abstract for the operator,
(5) in the form of a Certificate of Insurance which shall include proof that the operator
is insured with Commercial General Liability Insurance and Standard Form Ontario
Garage Automobile Insurance each in accordance with Section 4.12 of this By-
law;
(6) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(7) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Vulnerable Sector Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(8) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a copy of its Articles of Incorporation;
(9) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(10) payment of the applicable fee as outlined in the Town's Fees By-law, and
(11) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.8
To renew a licence, an operator shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes:
(1) all items listed in Sections 3.7 (1) to 3.7 (6);
(2) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) a Vulnerable Sector Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(3) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application if there has been any change in the officers or directors
of the corporation; and
(4) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership if the one filed with the
Licence Issuer has expired; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(5) payment of the applicable fee as outlined in the Town's Fees By-law, and
(6) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.9
A driver shall submit an application for a licence to the Licence Issuer on the form
prescribed by the Town which shall only be deemed to be complete and ready for
review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) a letter from a licensed operator confirming that the applicant will be employed in
respect of their tow truck business;
(3) a photo of the applicant taken by the Licence Issuer,
(4) proof that the applicant is a minimum of 18 years of age in the form of a Canadian
Birth Certificate, Provincial Driver's Licence, a valid Canadian Passport or a
Permanent Resident Card;
(5) a Vulnerable Sector Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(6) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(7) proof that the applicant is entitled to work in Canada in the form of a Canadian Birth
Certificate, valid Canadian Passport, Canadian Citizenship Card, a Permanent
Resident Card or other valid employment authorization issued by a Canadian
government;
(8) a declaration identifying whether the applicant will drive a tow truck with a gross
weight or registered gross weight exceeding 11,000 kg;
(9) the applicant's valid Provincial Driver's Licence with a minimum Class G or, where
the applicant will drive a tow truck with a gross weight or registered gross weight
exceeding 11,000 kg, a Class D, A or other appropriate Provincial Driver's Licence
is required;
(1O) an Ontario Ministry of Transportation Driver Abstract for the applicant dated within
60 days of the application;
(11) payment of the applicable fee as outlined in the Town's Fees By-law, and
(12) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.10 To renew a licence, a driver shall submit an application to the Licence Issuer on the
form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes the items listed in Section 3.9, with the
exception of items (4) and (7).
3.11
An owner of a tow truck shall submit an application for a licence to the Licence Issuer
on the form prescribed by the Town which shall only be deemed to be complete and
ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) a letter from a licensed operator confirming that the owner's tow truck will be used
in respect of their tow truck business;
(3) in the form of a Certificate of Insurance, proof that their tow truck is insured with
Standard Form Automobile Liability Insurance in accordance with Section 4.12 of
this By-law;
(4) the vehicle permit issued pursuant to the Highway Traffic Act including such permit
for a flat bed, float or similar platform body in the case of a platform carrier,
(5) valid Safety Standards Certificates or Annual Inspection Certificates for the tow
truck;
(6) payment of the applicable fee as outlined in the Town's Fees By-law, and
(7) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.12
To renew a licence, an owner shall submit an application to the Licence Issuer on the
form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes all the items listed in Section 3.11.
3.13
No flat bed, float or similar platform body shall be used with any motor vehicle as part
of a platform carrier other than the motor vehicle as indicated by the applicable
application submitted to the Licence Issuer.
Part 4 - Operator, Owner and Driver Conduct
Operator Requirements
4.1
Every operator of a tow truck business shall ensure that a copy of the licence granted
to them, pursuant to this Schedule, is kept at their primary office location and made
available for inspection upon request by any person.
4.2
Every operator of a tow truck business shall ensure that payment by common credit
card is accepted for services rendered by their business.
Owner Requirements
4.3
Every owner of a tow truck used in respect of a tow truck business shall ensure that:
(1) written notice is provided to the Licence Issuer prior to possession or control of
such tow truck being given, for a period greater than 1 day, to any person using it
other than for the tow truck business identified by the owner pursuant to
Subsection 3.9 (2); and
(2) the Licence Issuer is provided with written notice within 7 days of the sale or other
disposition of such tow truck.
Driver Requirements
4.4
While working in respect of a tow truck business, every driver shall:
(1) at all times keep with them the appropriate licence granted to them by the Licence
Issuer;
(2) be properly dressed with attire including:
(a) a high visibility florescent safety vest or jacket worn on their upper torso;
(b) pants with a silver reflective stripe down the side of each leg or a silver reflective
band encircling each leg;
(c) CSA approved footwear which shall provide both sole and toe protection; and
(d) an identification badge showing the driver's first and last name;
(3) be civil and behave courteously;
(4) when towing or otherwise conveying a motor vehicle, drive their tow truck by the
most direct route and in the most expeditious manner to the destination requested
by the hirer,
(5) with the exception of a load dumped during a collision and to the satisfaction of a
Police Officer if present, clean up from the roadway or highway any debris,
fragments of glass, vehicle parts, fluids or other materials which may pose a
danger to the public prior to towing or conveying any motor vehicle from or leaving
a scene;
(6) at both the beginning and end of each shift, examine their tow truck and its
equipment for mechanical defects, interior and exterior damage and any other
safety concerns and immediately report any issues to the operator of the tow truck
business for which such tow truck is used;
(7) within 3 days of providing any service for which an authorization form is required
pursuant to this Schedule, file such form with the operator of the tow truck business
on behalf of which the service was performed;
(8) to any hirer to whom they provide services, disclose if they are receiving any
financial incentive for towing, conveying or otherwise moving a motor vehicle to a
particular salvage yard, body shop, storage yard, pound facility or any other place;
and
(9) at all times while working as a driver, have available and produce upon the request
of an Officer or Police Officer, a valid licence issued to the driver by the Licence
Issuer,
4.5
No driver shall commence to tow, convey, move or in any way lift, hook or connect a
motor vehicle to a tow truck or provide any roadside service in respect of a tow truck
business unless permission is received from a:
(1) hirer from whom such permission shall only be deemed to be given where the
driver first complies fully with Sections 6.1 and 6.2; or
(2) Officer, Police Officer, a member of a municipal Fire Department or any person
authorized by law to direct the removal of the motor vehicle from private or public
property.
4.6
No driver shall conduct any towing, conveying or drive a tow truck without possessing
the appropriate Class of Driver's Licence for such activity issued by the Province of
Ontario pursuant to the Highway Traffic Act.
4.7
No driver shall cause or permit:
(1) a hirer's motor vehicle to be towed, conveyed or otherwise moved outside the
municipal boundary unless requested by such hirer or any Police Officer, member
of a municipal Fire Department or Officer, or
(2) any person to occupy a motor vehicle while it is connected to a tow truck.
Operator and Driver Requirements
4.8
Every operator of a tow truck business and driver shall ensure that:
(1) due care is exercised for of all motor vehicles and other property entrusted or
delivered to them; and
(2) all reasonable instructions from a hirer are complied with.
4.9
No operator of a tow truck business or driver shall cause or permit any:
(1) interference with a contract for the hiring of a tow truck or provision of roadside
service where a person has hired or has indicated an intention to hire a party;
(2) work orders to be kept in a tow truck or provided to a hirer,
(3) person to be induced, pressured or otherwise influenced by way of suggestion or
recommendation to sign or agree to a work order or agree to any work related to
their motor vehicle;
(4) person to be induced to employ a tow truck or hire any roadside services through
the use of false representations, including but not limited to, representations
regarding the location of or distance to any place, or any other matter;
(5) implication or representation to be made that an operator of a tow truck business,
owner of a tow truck, driver or other person has the endorsement of the Town, the
Ontario Provincial Police or any other public authority, with the exception of where
written permission is provided therefrom which shall be filed with the Licence
Issuer,
(6) suggestion or recommendation to be made to a hirer that their motor vehicle be
towed, conveyed or otherwise delivered to a particular salvage yard, body shop,
storage yard, pound facility or any other place unless such advice has been
requested by the hirer,
(7) hirer to be charged money as a result of:
(a) defects, inefficiency or breakdown of a tow truck or its equipment; or
(b) the incompetence of any person acting in respect of such tow truck business;
(8) demand or request for payment to be made other than in accordance with the
applicable Schedule of Rates filed with the Licence Issuer,
(9) drop or administration fee to be demanded, requested or received for the towing,
conveying or moving of a vehicle or for any roadside service; or
(10) hirer's motor vehicle to be towed, conveyed or otherwise moved to a location other
than that requested by such hirer.
Roadside and Collision Scenes
4.10
Unless summoned by a hirer or Police Officer, no driver shall stop or park their tow
truck or personally approach within 200 metres of any Police Officer, member of a
municipal Fire Department or Ambulance Service who is engaged at a roadside scene
not involving a collision.
4.11
No driver shall stop or park their tow truck within 200 metres of a motor vehicle involved
in a collision, with the exception of where:
(1) the driver has been summoned by a hirer or Police Officer, or
(2) there are fewer tow trucks operated by drivers at the scene than vehicles requiring
the services of a tow truck.
4.12
No driver who is within 200 metres of a motor vehicle involved in a collision shall seek
out or approach a hirer without first being requested to do so by a Police Officer or
unless such hirer initiates interaction.
4.13
No person within 200 metres of a motor vehicle involved in a collision shall interfere
with or obstruct:
(1) a hirer or any person involved in a collision;
(2) emergency personnel responding to a collision, including but not limited to,
Officers, Police Officers and any member of a municipal Fire Department or
Ambulance Service; or
(3) any driver permitted to attend such collision in accordance with Section 4.11.
4.14
Where an Officer, Police Officer or a member of a municipal Fire Department requests
that a person leave a scene, such person shall immediately depart and shall not
remain within 200 metres of any motor vehicle involved in the collision.
4.15
Where an investigation is required to be made by a Police Officer as a result of a
collision, no driver or any person on behalf thereof shall handle or in any way interact
with a vehicle involved in the collision, remove a vehicle from the vicinity of the collision
or otherwise disturb the scene until the Police Officer has finished their investigation
and has confirmed that the vehicle to be towed, conveyed or otherwise moved is no
longer required.
Passengers
4.16
No driver shall cause or permit any person to be a passenger in their tow truck while
working in respect of a tow truck business other than in accordance with the following
requirements:
(1) the passenger is a hirer who has procured the services of the driver,
(2) the passenger was an occupant of the motor vehicle belonging to the hirer
described in Subsection 4.16 (1);
(3) where the Licence Issuer has granted a person their first licence to act as a driver
pursuant to this Schedule, such individual is permitted to be a passenger in a tow
truck for the purposes of training so long as they are:
(a) within the 30 day period commencing from the date their licence was granted;
and
(b) not creating any nuisance, hindrance or disturbance while in the process of
receiving such training.
Part 5-Tow Truck Requirements
Condition
5.1
Every operator shall ensure that any tow truck used in respect of their tow truck
business is maintained:
(1) to have a tidy and sanitary interior;
(2) with an exterior which is kept clean, free of any body damage and with a well
maintained paint finish; and
(3) so that its equipment is at all times kept in good repair and free of mechanical
defects.
5.2
No operator shall cause or permit any tow truck to be used in respect of their tow truck
business which has a gross vehicle weight rating of less than 4,536 kg.
5.3
With the exception of a tow truck which is a platform carrier, every operator shall
ensure that any tow truck used in respect of their tow truck business has a wrecker
body approved by the Licence Issuer.
Identification
5.4
Every operator shall ensure that any tow truck used in respect of their tow truck
business has attached or painted on both sides, in a location close to the middle of its
body, a single:
(1) operating name of the tow truck business in accordance with the following
requirements:
(a) where the operator is a corporation, the name of such corporation as it appears
on its Articles of Incorporation or the business name as it appears on a valid
Master Business Licence issued to such corporation, shall only be permitted;
or
(b) where the operator is not a corporation, the business name as it appears on a
valid Master Business Licence issued to such business shall be permitted;
(2) number in accordance with the following:
(a) where the operator is a corporation, the corporation number as it appears on
its Articles of Incorporation shall be permitted; or
(b) where the operator is not a corporation, the business name registration number
as it appears on a valid Master Business Licence issued to such business shall
be permitted.
5.5
Every operator of a tow truck business shall ensure that the name and number
required on their tow truck pursuant to Section 5.4 are:
(1) no less than 8 centimetres in height; and
(2) of a contrasting colour to the background on which they are placed.
5.6
No operator shall cause or permit any tow truck used in respect of their tow truck
business to have on it any designs, markings or other content which may be
misleading in any way.
5.7
No owner of a tow truck shall cause or permit such motor vehicle to be associated with
more than 1 tow truck business at a time.
Plate and Renewal Decal
5.8
Every owner of a tow truck used in respect of a tow truck business shall ensure that:
(1) any plate granted to them pursuant to this Schedule is affixed only to the motor
vehicle for which it was granted and in a location approved by the Licence Issuer,
and
(2) any renewal decal granted to them pursuant to this Schedule is only affixed to the
plate for which it was granted.
5.9
No operator shall cause or permit a tow truck to be used in respect of their tow truck
business unless it has affixed to it a plate with a renewal decal attached thereon which
has not expired.
5.10
Where a plate is defaced, destroyed or lost, the owner of the tow truck for which the
plate was granted, shall obtain a replacement plate from the Licence Issuer and pay
the applicable fee as outlined in the Town's Fees By-law.
5.11
Where an owner's tow truck will no longer be used in respect of any tow truck business,
such owner shall immediately return the plate granted for the tow truck to the Licence
Issuer.
Safety and Plate Removal
5.12
No person shall, in respect of a tow truck business, operate a tow truck or any of its
equipment if such tow truck or equipment is, or is suspected to be, mechanically
defective, unsafe or dangerous.
5.13
Where a tow truck or any of its equipment is suspected of being mechanically
defective, unsafe or dangerous by an Officer, Police Officer, licensed mechanic or by
the driver of that tow truck, the owner of the tow truck or the operator in respect of
whose tow truck business the two truck is used shall immediately surrender the plate
to the Licence Issuer, Officer or Police Officer and failing to do so any Officer or Police
Officer may remove such plate.
5.14
Where a plate is surrendered in accordance with Section 5.13, such plate shall remain
in the possession of the Licence Issuer until such time as a new valid Safety Standards
Certificate or Annual Safety Certificate for the tow truck, for which the plate was
returned, has been provided to the Licence Issuer and the tow truck has passed a re-
inspection conducted by a Officer.
Required Equipment and Items
5.15
Every operator shall ensure that any tow truck used in respect of their tow truck
business has onboard at all times the following required items which shall be kept in a
state of good repair:
(1) a winching or hoisting device of sufficient capacity to safely lift the motor vehicle to
be towed, conveyed or moved with the exception of where a float is used;
(2) a wheel lift, underlift or tow sling maintained in a manner to ensure the safe lifting
and moving of the motor vehicle to be towed, with the exception that a platform
carrier shall not require a wheel lift, underlift or tow sling;
(3) at least two 2.27 kg chemical fire extinguishers, which shall be certified annually,
having an effective total rating equivalent to at least 3A-40B, C;
(4) at least 2 tow safety chains having a minimum length of 2.7 metres each with links
of at least 7.9375 millimeter steel and which include load limit tags or markings on
the chains;
(5) an intermittent amber warning light system consisting of at least one light affixed to
the top of the vehicle which would be clearly visible in all directions for a distance
of least 100 metres;
(6) magnetic towing lights to be attached to the rear of a motor vehicle or trailer being
towed to provide illumination and signal braking;
(7) a dolly, including tie-down straps with the exception that a platform carrier shall not
require such equipment;
(8) absorbent material capable of absorbing and removing fluid spills from road
surfaces;
(9) four reflective safety pylons which are at least 30 centimetres in height;
(10) flares or reflector kits including at least three warning reflectors;
(11) one device for securing the steering wheel of a motor vehicle;
(12) a crowbar/pry bar at least 150 centimetres in length;
(13) an audible reverse warning system;
(14) a general purpose first aid kit;
(15) at least two wheel blocks;
(16) wheel wrenches;
(17) booster cables;
(18) a flashlight;
(19) a broom;
(20) a shovel; and
(21) any other equipment or items as required by the Highway Traffic Act.
5.16
Every operator shall ensure that any tow truck used in respect of their tow truck
business has kept within it at all times a copy of the Schedule of Rates most recently
approved by the Licence Issuer for such tow truck business.
5.17
No driver shall use a tow truck unless it has onboard:
(1) all of the items as set out in Subsections 5.15 (1) through (21); and
(2) a copy of the Schedule of Rates most recently approved by the Licence Issuer for
the tow truck business in respect of which the driver is acting.
Part 6 - Services, Payment and Rates
Authorization Form
6.1
Upon offering any service in respect of a tow truck business to a hirer, every driver
shall ensure that such hirer is immediately provided with:
(1) a copy of the Schedule of Rates most recently approved by the Licence Issuer for
such tow truck business;
(2) a detailed description, to the satisfaction of the hirer, of all the rates which would
apply as a result of the hirer's request; and
(3) if applicable, a clear explanation that the hirer may be subject to additional storage
fees charged by an impound or storage business.
6.2
Subsequent to being required to provide the information in accordance with Section
6.1, every driver shall ensure that an authorization form is issued to the hirer in
accordance with the following requirements:
(1) all applicable information shall be filled in on the authorization form;
(2) the filled in authorization form shall be signed by the hirer to acknowledge the
request for services; and
(3) the hirer shall be provided with a copy of the filled in and signed authorization form
for their keeping.
6.3
Every driver shall, within 3 days of providing any service for which an authorization
form was required pursuant to this Schedule, file such form with the operator of the
tow truck business on behalf of which the service was performed.
6.4
Every operator of a tow truck business shall ensure that all authorization forms which
are provided to them, pursuant to Subsection 4.4 (7), are retained for a minimum of 6
months from the date of service as indicated on the form.
6.5
No person shall alter or amend the information on any copy of an authorization form
which has been signed by a hirer unless such hirer has provided written consent.
Invoice and Payment
6.6
Notwithstanding any other Section of this Schedule, where a hirer is provided an
estimate of the cost for any service to be provided by a driver, and such estimate is
lower than the amount prescribed by the applicable Schedule of Rates, no person shall
charge any fee in excess of the estimate.
6.7
No person shall demand or request payment for any services rendered in respect of a
tow truck business unless a written invoice in accordance with Section 6.8 has first
been presented to the hirer for whom the services were provided.
6.8
Every operator shall ensure that any invoice issued to a hirer in respect of their tow
truck business includes:
(1) a unique and sequential invoice number;
(2) the date such invoice is issued;
(3) the name and contact information of such operator,
(4) the name of the driver responsible for providing the services to which the invoice
pertains;
(5) the date and time that the work to which the invoice pertains was completed for
the hirer,
(6) the plate number of the tow truck which was used to provide services;
(7) the name of the hirer,
(8) a description of the hirer's motor vehicle for which the work was performed
including the make, model and Ontario Provincial licence plate number;
(9) if applicable, the locations where the towing or conveying of the hirer's motor
vehicle commenced and ended;
(10) the location where any roadside service was performed for the hirer,
(11) where the hirer's motor vehicle is delivered to a pound facility or vehicle repair
shop, the name, address and contact number of such facility or shop;
(12) an itemized list setting out all services provided to the hirer and the amounts
charged for each service;
(13) the total fee to be collected; and
(14) notice that complaints may be filed with the local municipality where the towing
commenced.
6.9
Every operator shall ensure that a copy of any invoice in respect of their tow truck
business, which issued to a hirer, is retained for a minimum of 1 year from the date of
issuance.
Schedule of Rates
6.10
Every operator of a tow truck business shall file with the Licence Issuer, on the form
prescribed by the Town, a Schedule of Rates which shall include those rates
established by the Licence Issuer and any other rates to be charged by such operator
for all services and such Schedule of Rates shall be subject to the approval of the
Licence Issuer and may be made available to the public at any time.
6.11
No operator or driver shall cause or permit any rate or other fee to be charged in
respect of their tow truck business unless in accordance with the Schedule of Rates
most recently approved by the Licence Issuer for such business.
6.12
Where a Schedule of Rates is filed with the Licence Issuer in respect of a tow truck
business, no person shall alter or amend the Schedule unless the operator of such
business has given at least 30 days prior written notice to the Licence Issuer and any
change shall be subject to the approval of the Licence Issuer.
6.13
The rates charged for the towing or conveying of any motor vehicle not exceeding
3000 kg in towing weight shall be in accordance with the following:
(1) if the motor vehicle is towed or conveyed as a result of a collision, an all-inclusive
flat-rate fee of no more than $400 shall only be permitted with no other additional
amount added other than federal and provincial taxes, a clean-up fee and the
charge outlined in Section 6.14 if applicable; or
(2) for any non-collision towing or conveying, an all-inclusive flat-rate fee of no more
than $150 shall only be permitted with no other additional amount added other than
federal and provincial taxes and, if applicable, mileage as outlined in Section 6.14.
6.14
Where at the request of a hirer, a motor vehicle not exceeding 3000 kg in towing weight
is towed or conveyed to a final destination outside of the municipal boundary, a
mileage rate of $3.25 per kilometre may be applied from the point where the tow begins
to the final point requested by the hirer.
6.15
Notwithstanding Section 6.14, no person shall cause or permit any mileage rate to be
charged to a hirer where a driver tows or conveys such hirer's motor vehicle to any
pound facility belonging to the operator of the tow truck business in respect of which
the services were provided.
6.16
Where a hirer requests that their motor vehicle be taken to a particular salvage yard,
repair shop, storage yard, pound facility or similar place and such motor vehicle is
unable to be left at that location, only with the consent of the hirer and after the hirer
has been informed of applicable rates, the driver may take the motor vehicle to a pound
or similar facility belonging to their tow truck business to be temporarily kept until the
first opportunity that it can be delivered to a subsequent location as requested by the
hirer and in this case, in addition to the initial fee for towing or conveying, a fee of $110
shall only be applied for the re-tow and temporary keeping and a mileage rate of $3.25
per kilometre may be applied when towing outside of the municipal boundary.
6.17
Where a motor vehicle is off the travelled portion of the roadway and shoulder and
requires recovery winching, in addition to the initial fee for towing or conveying, an all-
inclusive flat-rate fee of no more than $120 shall be applied.
6.18
Where a motor vehicle is off the travelled portion of the roadway and shoulder, a
second tow truck may assist in recovery winching for that single motor vehicle if it is
determined to be necessary by a Police Officer and the two resulting charges applied
for winching shall be in accordance with the Section 6.17.
6.19
Where the operator of a tow truck business uses a Jot including buildings, structures
or parts thereof which is located outside of the municipal boundary, and such lot is
used for the impounding or storage of motor vehicles having been towed from the
Town and where the operator charges a fee for storage of the motor vehicle and such
storage business is not regulated by the municipality in which it is located, the operator
shall only charge for services and at rates permitted to be charged as prescribed under
Schedule G - Impound Business of this By-law for those motor vehicles towed from
the Town.
6.20
The provisions within this Schedule that regulate the rates which may be charged shall
not prohibit the operator of a tow truck business from entering into a written agreement
with an automobile association, motor league, a public authority or any other
corporation for the provision of towing services provided that such operator provides
a copy of all such towing contracts to the Licence Issuer prior to supplying any services
thereunder.
Schedule G - Impound Business
Part 1 - Definitions
1.1
In this Schedule:
"Impound business" means a business where, in connection with a tow truck business as
defined in Schedule F - Tow Truck Business, temporary impounding or storage services are
provided for vehicles in exchange for a storage charge;
"Pound facility" means any portion of a lot including buildings, structures or parts thereof used
to impound or store vehicles in relation to an impound business;
"Storage charge" means a fee associated with the temporary impounding or storage of a
vehicle.
Part 2 - Application
2.1
Every operator of an impound business which has a pound facility located within the
municipal boundary shall be subject to the applicable provisions within this Schedule.
2.2
When disposing of an unclaimed vehicle, every operator of an impound business shall
ensure that the applicable provisions of the Repair and Storage Liens Act, R.S.O.
1990, c. R.25 are complied with.
Part 3 - Licence Provisions
3.1
Every operator of an impound business shall obtain a separate licence pursuant to this
Schedule for each of their pound facilities.
Expiry
3.2
Every licence granted pursuant to this Schedule shall expire 12 months after being
granted.
Application Criteria
3.3
An operator of an impound business shall submit an application for a licence to the
Licence Issuer on the form prescribed by the Town which shall only be deemed to be
complete and ready for review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) the municipal address of the lot on which the proposed or existing pound facility to
which the application pertains is located;
(3) in the form of a Certificate of Insurance which shall include proof that the operator
is insured with Commercial General Liability Insurance and Standard Form Ontario
Garage Automobile Insurance each in accordance with Section 4.12 of this By-
law;
(4) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(5) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(6) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a copy of its Articles of Incorporation;
(7) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(8) payment of the applicable fee as outlined in the Town's Fees By-law, and
(9) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.4
To renew a licence, an operator shall submit an application to the Licence Issuer on
the form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes:
(1) all items listed in Sections 3.3 (1) to 3.3 (4);
(2) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(3) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application if there has been any change in the officers or directors
of the corporation; and
(4) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership if the one filed with the
Licence Issuer has expired; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(5) payment of the applicable fee as outlined in the Town's Fees By-law, and
(6) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
3.5
A licence in respect of a pound facility shall only be granted where an inspection is
completed by an Officer and they are of the opinion that the provisions of this Schedule
will be complied with.
Part 4 - Storage Charge Requirements
4.1
Every operator of an impound business shall ensure that, prior to any vehicle entering
into their pound facility, the owner of such vehicle, or agent on behalf thereof, is made
aware of the daily storage charge amount to be applied.
4.2
No operator of an impound business shall cause or permit any storage charge to be
imposed:
(1) other than an all-inclusive $60 per day fee which shall:
(a) with the exception of applicable taxes, not have any other costs permitted
including but not limited to administration fees, environmental charges, release
fees and insurance costs; and
(b) only be applied each 24-hour period, or part thereof, commencing from the time
a vehicle enters a pound facility;
(2) for any period of time where an owner was unable to obtain their vehicle as a result
of some fault or inefficiency on the part of any person acting in respect of the
impound business;
(3) in respect of a vehicle kept at their pound facility while in transit to a separate
destination as outlined on an authorization form pursuant to Schedule F - Tow
Truck Business; and
(4) where a vehicle is temporarily kept pursuant to Section 6.16 of Schedule F - Tow
Truck Business.
Part 5 - Release of Vehicle and Invoice
5.1
Where an owner, or agent on behalf thereof, requests that their vehicle be released,
the operator of the impound business whose pound facility the vehicle is within shall
ensure that:
(1) an invoice is immediately presented to the owner or agent; and
(2) upon payment of the invoice, the vehicle is immediately released from the pound
facility.
5.2
No operator of an impound business shall cause or permit a storage charge to be
demanded unless an invoice for such charge has first been provided to the appropriate
vehicle owner or agent on behalf thereof.
5.3
Every operator of an impound business shall ensure that sufficient staff is available at
all times, 24 hours a day, 7 days a week, 365 days a year, to facilitate all steps
necessary to release a vehicle from their pound facility.
5.4
For every invoice in respect of a storage charge, the operator of the impound business
issuing the invoice shall ensure that:
(1) it details the exact day and time the vehicle to which the invoice applies entered
their pound facility;
(2) the total cost of the storage charge is included on the invoice; and
(3) a copy is retained for a minimum period of 2 years which shall commence on the
date the vehicle to which the invoice applies was released from the pound facility.
Part 6 - Facility Requirements
6.1
Every operator of an impound business shall ensure that their pound facility:
(1) has a fence with a secure locking gate constructed around the entire perimeter;
(2) includes an exterior lighting system sufficient to illuminate all vehicles being held;
(3) has an adjacent sign visible from the entrance of the lot on which the pound facility
is located and such sign shall include in a clearly legible form the:
(a) daily hours of operation for the pound facility;
(b) storage charge which may be applied pursuant to Subsection 4.2 (1) of this
Schedule;
(c) telephone number to request after hours vehicle release service;
(d) the words "Any comments or complaints regarding this business may be
reported to the Town of Caledon"; and
(e) telephone number to report hazardous material spills to the Region of Peel;
(4) is kept in a clean and neat condition free from debris, snow, ice, dirt, rubbish, scrap
and other items including but not limited to unused tires and vehicle parts.
6.2
Every operator of an impound business shall ensure that due care is exercised for of
all vehicles and other property entrusted or delivered to them.
6.3
Every operator of an impound business shall ensure that, at each of their pound
facilities, a copy of the licence granted in respect of it is kept and made available for
inspection upon request by any person.
Schedule H - Vehicle-For-Hire Business
Part 1 - Definitions
"Broker" means any person who carries on the business of accepting orders for or dispatching
more than one taxicab or limousine in any manner;
"Driver" means any person who, in respect of a vehicle-for-hire business, operates a vehicle-
for-hire;
"Limousine" means any sedan, stretch, luxury or classic motor vehicle that is used for hire for
the conveyance of passengers that is not equipped with a taximeter, but does not include a
PTC Vehicle;
"Model year" means the year of the vehicle as identified on the vehicle permit issued pursuant
to the Highway Traffic Act;
"Passenger" means a person who has procured the services of a vehicle-for-hire;
"Platform" means any software, technology, or smartphone application, intended to connect
passengers with a PTC;
"Private Transportation Company or PTC" means a business that, through the use of a
platform, accepts, facilitates, advertises or offers ride-sharing services to passengers for trips;
"Private Transportation Company Driver or PTC Driver" means any individual who, in respect
of a PTC, operates a PTC vehicle;
"Private Transportation Company Identifier or PTC Identifier' means a sign, decal, emblem,
symbol or number displaying the logo or name of the PTC through which a PTC driver is
providing transportation service to passengers;
"Private Transportation Company Vehicle or PTC Vehicle" means any vehicle used to provide
transportation services for a PTC;
"Sensitivity Training Course" means an accredited course approved by the Director which
provides the knowledge to assist and understand the needs and sensitivities of those persons
who have disabilities;
"Tariff Card' means a schedule of rates filed with the Licence Issuer that sets out in full the
rates to be charged for the services of a taxicab;
"Taxicab" means any vehicle used for hire for the conveyance of passengers that is equipped
with a taximeter,
"Taximeter" means a meter, instrument or device attached to a taxicab which mechanically or
electronically measures the distance driven and waiting time upon which fares are based, and
which computes the amount of a fare chargeable for any trip;
"Trip" means the distance and time travelled or the distance and time to be travelled,
measured from the time and point at which the passenger first enters the vehicle-for-hire or
when the taximeter is first engaged, whichever comes first, to the time and point at which the
passenger finally leaves the vehicle-for-hire, or the taximeter is disengaged, whichever comes
last;
"Vehicle-for-hire" means any taxicab, limousine or PTC vehicle used for hire for the
conveyance of passengers;
"Vehicle-for-hire business" means a business where for financial gain, transportation services
are provided to passengers via taxicab, limousine or PTC vehicle;
Part 2 - Application
2.1
Every person shall be subject to the applicable provisions pursuant to this Schedule if
they, directly or indirectly, are hired, seek to be hired or hold themselves out by actions,
words or otherwise as being available for hire for the purposes of carrying on a vehicle-
for-hire business by conveying passengers from a point within the municipal boundary
to either a point also within such boundary or to any point beyond.
Part 3 - Licence Provisions
3.1
Every PTC shall be required to obtain a licence.
3.2
With respect to taxicabs and limousines, every broker and driver shall be required to
obtain a licence and an owner shall be required to obtain a separate licence for each
of their taxicabs and limousines.
Expiry
3.3
Every broker, owner and PTC licence granted pursuant to this Schedule shall expire
12 months after being granted.
3.4
Every driver licence granted pursuant to this Schedule shall expire annually on the
applicant's birthday except where the applicant's birthday is February 29th, the expiry
date for such licence shall be February 28th for licensing purposes only.
Part 4 - PTC
Application
Criteria
4.1
Every PTC shall submit an application for a licence to the Licence Issuer on the form
provided by the Town which shall only be deemed to be complete and ready for review
by the Licence Issuer if it includes:
(1) the PTC's registered business address in the Province of Ontario;
(2) the name, telephone and email contact information for the person authorized to
receive and respond on behalf of the PTC to any and all communications from the
Town relating to the PTC's Licence or the PTC's conduct of business;
(3) in the form of a Certificate of Insurance which shall include the Town as an
additional insured, proof that the PTC is insured with Commercial General Liability
Insurance in accordance with Section 4.12 of this By-law;
(4) a copy of the PTC Identifier that the PTC is submitting for approval by the Licence
Issuer,
(5) information sufficient to describe or demonstrate:
(a) where applicable, the legal relationship between any persons that, acting
together, carry on the business of a PTC; and
(b) that the PTC maintains and can produce when required to the Director or OPP,
all data or records maintained in accordance with the requirements of this
Schedule.
(6) payment of the applicable fee as outlined in the Town's Fees By-law, and
(7) any other information or material required by the Licence Issuer to evaluate the
application.
4.2
To renew a licence, a PTC shall submit an application to the Licence Issuer on the
form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes the items listed in Section 4.1, with the
exception of items in Subsection (5).
4.3
No PTC shall cause or permit a PTC driver to access their platform to receive
transportation service requests unless the PTC driver has provided or the PTC has
obtained:
(1) proof that the PTC driver is a minimum of 18 years of age;
(2) a Criminal Record Check dated within 365 days and satisfies the threshold policy
in Appendix A of this By-law;
(3) a Driver Abstract for the PTC driver that is dated within 365 days and satisfies the
threshold policy in Appendix A of this By-law;
(4) a vehicle permit issued pursuant to the Highway Traffic Act showing that the PTC
vehicle is no more than 10 years old; and
(5) a valid Safety Standards Certificate or Annual Inspection Certificate for the PTC
vehicle.
4.4
Every PTC shall ensure that the requirements listed in Subsections 4.3 (2), 4.3 (3) and
4.3 (5) of this Schedule are requested and reviewed at the end of every subsequent 12
month period while the PTC driver continues to be affiliated with the PTC.
PTC Driver Requirements
4.5
No PTC driver shall:
(1) pick up passengers at a taxi stand or in response to a street hail;
(2) solicit rides in any manner;
(3) cause or permit his or her PTC vehicle to have any roof light or markings that have
the effect of making the PTC vehicle look like a taxicab;
(4) cause or permit his or her PTC vehicle to be equipped with a taximeter,
(5) cause or permit his or her PTC vehicle to be equipped with radio dispatching; or
(6) in any advertisement made or permitted to be made by the PTC driver, use or
permit the use of the words "taxi", "taxicab", "cab" or any other word or words which
indicate or could be reasonably interpreted to indicate that the PTC vehicle is a
taxicab or is available for service as a taxicab.
Information to Passengers
4.6
Every PTC shall ensure that the platform being used in respect of the PTC:
(1) at the time the transportation service is arranged, can provide to the passenger
requesting the transportation service:
a) contact information for the PTC;
b) the first name and photograph of the PTC driver,
c) the make and model and licence plate number of the PTC vehicle;
d) the total rate to be charged; and
e) an estimate of the time it will take for the PTC driver to arrive at the passenger's
requested pick up location
(2) provides the passenger with an option to provide a rating or comment on the PTC
driver and PTC vehicle;
(3) provides a process allowing the passenger to accept or refuse the transportation
service;
(4) provides a secure payment mechanism;
(5) provides a receipt to the passenger at the end of the trip that includes:
a) the fare rate and any surcharges;
b) the total amount paid;
c) date and time of pickup;
d) the locations of the beginning and end of the trip; and
e) the first name of the PTC driver.
4.7
Every PTC driver shall ensure that if a camera that is capable of recording audio or
video of a passenger is installed in the PTC vehicle, notice is provided to the passenger
stating that they may be or are being recorded through:
(1) a notice affixed in a position in the PTC vehicle that is plainly visible and readable
in English and French by the passenger, or
(2) the PTC's platform prior to the passenger completing a request for transportation
services.
Identification
4.8
Every PTC shall ensure that the following information is accessible and viewable on
the PTC platform while the PTC driver is logged in:
(1) the first and last name and photograph of the PTC driver,
(2) the make, model and licence plate of the PTC vehicle used by the PTC driver, and,
(3) the name and contact information of the PTC to whom the PTC driver is affiliated
with.
4.9
Every PTC shall issue to every affiliated PTC driver a PTC identifier to be located on
the passenger side rear window, clearly visible from the exterior of the PTC vehicle.
Data Collection Records
4.10
Every PTC shall create and maintain records of the following information:
(1) the total number of trips commencing in the Town annually;
(2) the total number of PTC drivers providing trips commencing in the Town annually;
(3) the total number of PTC vehicles providing trips commencing in the Town
annually;
(4) the PTC driver and PTC vehicle information corresponding with each requested
trip including:
a) the first and last name of the PTC driver,
b) the licence plate of the PTC vehicle;
c) the date, time and duration of the trip;
d) the drop off and pick up locations of the trip; and
e) the total paid by each passenger.
4.11
Every PTC shall maintain a copy of every Criminal Record Check and Ontario
Ministry of Transportation Driver Abstract for every PTC driver affiliated with the PTC.
4.12
All records under Sections 4.10 and 4.11 of this Schedule shall be kept by the PTC
for at least 2 years.
4.13
Every PTC shall make the records under Sections 4.10 and 4.11 of this Schedule, in
connection with a specified trip or PTC driver, available electronically to the Director
within 2 business days or within a reasonable time frame agreed upon by the parties.
Inspection and Enforcement
4.14
Every PTC shall, upon request of the Director, create passenger accounts for the
PTC's platform to be used by an Officer for inspection purposes to ensure
compliance with this By-law.
4.15
Upon request of an Officer, every PTC driver shall:
(1) produce any of the following:
a) the PTC driver's identification card; and
b) valid insurance that meets the requirements of this By-law.
(2) submit the PTC vehicle operated by the PTC driver for inspection at any time and
location specified by the Officer.
4.16
Every PTC shall deny access to a PTC driver or PTC vehicle if the PTC is notified by
the Town that a PTC driver or PTC vehicle presents a risk to public safety.
Part 5 - Taxicabs and Limousines
Application Criteria
5.1
Every broker shall submit an application for a licence to the Licence Issuer on the form
provided by the Town which shall only be deemed to be complete and ready for review
by the Licence Issuer if it includes:
(1) completed application form on the form provided by the Town;
(2) a list of all vehicles and drivers that will be engaged in the business;
(3) a declaration affirming whether the broker has any interest, directly or indirectly, in
any building, yard or place used for the storage or parking of any taxicabs and
limousines and, where any interest exists, full information as to the location, type of
facilities, nature and extent of the interest shall be disclosed;
(4) in the form of a Certificate of Insurance which shall include proof that the broker is
insured with Commercial General Liability Insurance and Standard Form Ontario
Garage Automobile Insurance each in accordance with Section 4.12 of this By-
law;
(5) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(6) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(7) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application;
(8) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(9) proof that the broker has a satisfactory system for receiving and dispatching calls for
the taxicabs and limousines in the business and that such system will not interfere
with any other vehicle-for-hire business;
(10) payment of the applicable fee as outlined in the Town's Fees By-law, and
(11) any other information or material required by the Licence lssuerto evaluate the
application.
5.2
To renew a licence, a broker shall submit an application to the Licence Issuer on the
form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes:
(1) all items listed in Sections 5.1 (1) to 5.1 (5);
(2) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(3) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application if there has been any change in the officers or directors
of the corporation; and
(4) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership if the one filed with the
Licence Issuer has expired; and
(b) a Master Business Licence if the one filed with the Licence Issuer has expired
or if the operating name of the business has changed;
(5) proof that the broker has a satisfactory system for receiving and dispatching calls
for the taxicabs and limousines in the business and that such system will not
interfere with any other vehicle-for-hire business;
(6) payment of the applicable fee as outlined in the Town's Fees By-law, and
(7) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
5.3
A driver shall submit an application for a licence to the Licence Issuer on the form
provided by the Town which shall only be deemed to be complete and ready for review
by the Licence Issuer if it includes:
(1) completed application form on the form provided by the Town;
(2) a letter from a licensed broker, confirming that the applicant will be engaged in the
business;
(3) a photo of the applicant taken by the Licence Issuer,
(4) proof that the applicant is a minimum of 18 years of age in the form of a Canadian
Birth Certificate, Provincial Driver's Licence, a valid Canadian Passport or a
Permanent Resident Card;
(5) a certificate of completion from an approved sensitivity training course;
(6) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(7) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(8) proof that the applicant is entitled to work in Canada in the form of a Canadian Birth
Certificate, valid Canadian Passport, Canadian Citizenship Card, a Permanent
Resident Card or other valid employment authorization issued by a Canadian
government;
(9) the licence plate number, make, model, fuel type and model year of the vehicle
that the applicant will be driving;
(10) the applicant's valid Provincial Driver's Licence with a minimum Class G;
(10) an Ontario Ministry of Transportation Driver Abstract for the applicant dated within
60 days of the application;
(12) payment of the applicable fee as outlined in the Town's Fees By-law, and
(13) any other information or material required by the Licence Issuer to evaluate the
application.
5.4
To renew a licence, a driver shall submit an application to the Licence Issuer on the
form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes the items listed in Section 5.3, with the
exception of items (4) and (8).
5.5
An owner shall submit an application for a licence to the Licence Issuer on the form
prescribed by the Town which shall only be deemed to be complete and ready for
review by the Licence Issuer if it includes:
(1) completed application form on the form provided by the Town;
(2) a letter from a licensed broker confirming that the owner's taxicab or limousine will
be used in respect of their business;
(3) in the form of a Certificate of Insurance, proof that their taxicab or limousine is
insured with Standard Form Automobile Liability Insurance in accordance with
Section 4.12 of this By-law;
(4) a statement describing, to the satisfaction of the Licence Issuer, the nature of any
charges pending against the applicant pursuant to this or any other Town By-law,
the Criminal Code, Controlled Drugs and Substances Act, Highway Traffic Act or
any other applicable law;
(5) the vehicle permit issued pursuant to the Highway Traffic Act;
(6) valid Safety Standards Certificates or Annual Inspection Certificates for the taxicab
or limousine;
(7) where the applicant is a sole-proprietor, the application shall include:
(a) a photo of the applicant taken by the Licence Issuer,
(b) proof that the applicant is a minimum of 18 years of age in the form of a
Canadian Birth Certificate, Provincial Driver's Licence, a valid Canadian
Passport or a Permanent Resident Card;
(c) a Criminal Record Check from the Police Services in whose jurisdiction the
applicant resides, dated within 60 days of the application;
(d) proof that the applicant is entitled to work in Canada in the form of a Canadian
Birth Certificate, valid Canadian Passport, Canadian Citizenship Card, a
Permanent Resident Card or other valid employment authorization issued by
a Canadian government; and
(e) a Master Business Licence shall be required if the business will operate under
any name other than that of the sole-proprietor;
(8) where the applicant is a corporation, the application shall include:
(a) a Master Business Licence if the corporation is to operate under any name other
than its corporate name; and
(b) a certified copy of a Corporate Profile Report for the corporation dated within 60
days of the application;
(9) where the applicant is a registered partnership, the application shall include:
(a) a copy of the registered declaration of partnership; and
(b) a Master Business Licence if the registered partnership is operating under a
separate name;
(10) payment of the applicable fee as outlined in the Town's Fees By-law, and
(11) any other information or material deemed necessary by the Licence Issuer to
evaluate the application.
5.6
To renew a licence, an owner shall submit an application to the Licence Issuer on the
form prescribed by the Town which shall only be deemed to be complete and ready
for review by the Licence Issuer if it includes all the items listed in Section 5.5.
5.7
A licence in respect of an owner shall only be granted where an inspection of their
taxicab or limousine is completed by an Officer or agent on behalf thereof as necessary,
and they are of the opinion that the provisions of this Schedule will be complied with.
Broker Requirements
5.8
Every broker licensed under this By-law shall:
(1) provide adequate telephone and radio facilitates in a suitable office for the carrying
on of the business;
(2) provide for off-street parking within the Town for each on-duty taxicab or limousine
operating from the dispatch;
(3) provide and maintain in good condition telephone communications between the
brokerage office and the public, and two-way communications between the
brokerage office and the driver,
(4) mount a two-way communications device used for dispatch purposes on the
dashboard of the taxicab, within easy access of the driver,
(5) require every owner who has entered into arrangements with the broker for the
provision of brokerage services to use the same design, shape and colour scheme
of roof sign, and to attach to each front door of the taxicab an identifying decal
which shall include the name of the broker, in a form approved by the Licence
Issuer, and shall produce and file a sample of the roof sign and identifying decal
with the Licence Issuer,
(6) give to the Licence Issuer a list of all taxicabs and limousines in respect of which
the broker has any arrangement or agreement for the accepting of calls for service,
identifying such taxicab or limousine by the name of the owner and the number on
the owner's licence and shall, within 48 business hours of any addition to or
deletion from such list, advise the Licence Issuer in writing thereof;
(7) keep a trip record for each taxicab and limousine dispatched, showing the date,
time, origin, destination of each trip, the name of the driver and licence number of
the motor vehicle;
(8) maintain all trip records for at least 2 years and make them available for inspection
upon request of the Director, Officer or Police Officer,
(9) give full information to the Director, Officer or Police Officer upon being requested
to do so as to the place from which any passenger was driven and every matter
within the broker's knowledge relating to the passenger or the trip;
(10) upon request, inform any passenger of the anticipated length of time required for
a vehicle to arrive at the pick-up location;
(11) when volume of business is such that service will be delayed to a prospective
passenger, the broker shall inform the passenger of the approximate length of the
delay before accepting the order;
(12) dispatch a taxicab or limousine to any person requesting service within the Town,
unless the person requesting service has not paid for a previous trip and these
facts are verified by the broker, and
(13) maintain a log of all complaints and compliments received concerning taxicab and
limousine service provided through that broker including, with respect to each
complaint or compliment, the following information:
(a) name of the driver involved;
(b) name of the person from whom it was received; and
(c) a brief description of the complaint or compliment made.
5.9
No broker licensed under this By-law shall;
(1) implement any changes in the brokerage fees, rules and procedures displayed in
the brokerage office until the change is first filed with the Licence Issuer,
(3) accept orders for, or in any way dispatch or direct orders to a taxicab or limousine
which is not licensed under this By-law, for a pick-up location within the boundaries
of the Town;
(4) accept orders for, or in any way dispatch or direct orders to a driver who is not
licensed under this By-law, for a pick-up location within the boundaries of the
Town; or
(5) enter into an agreement for the provision of brokerage services with a driver or
owner who is already affiliated with another broker.
Driver Requirements (General)
5.10
Every driver of a taxicab or limousine shall:
(1) at all times keep with them the appropriate licence granted to them by the Licence
Issuer;
(2) be properly dressed, well groomed, neat and clean in appearance:
(3) be civil, behave courteously and offer to provide assistance to a passenger when
it is evident that the passenger is a disabled person, is elderly, or is in need of
enhanced service;
(4) at all times while working as a driver, have available and produce upon the request
of an Officer, Police Officer, or a passenger, a valid licence issued to the driver by
the Licence Issuer,
(5) agree to transport a passenger and his or her service dog, provided that the driver
is not allergic to the dog;
(6) when conveying a passenger, drive their taxicab or limousine by the most direct
route and in the most expeditious manner to the destination requested by the
passenger, unless the passenger designates otherwise;
(7) at both the beginning and end of each shift, examine their taxicab or limousine and
its equipment for mechanical defects, interior and exterior damage and any other
safety concerns and immediately report any issues to the owner,
(8) turn off or turn down any radio, tape player or any other sound-producing
mechanical device in the taxicab or limousine at the request of the passenger,
(9) take due care of all property delivered or entrusted to the driver for conveyance or
safekeeping, and immediately on the termination of any hiring engagement,
examine the interior of the taxicab or limousine for any property lost or left therein,
and all property or money left in the taxicab or limousine shall be forthwith delivered
to the person owning the money or property and if the owner of the property or
money cannot be found, the driver shall deliver the property or money to the
nearest police station with all information in the driver's possession regarding the
property or money;
(10) ensure that all passengers use the seatbelts in the taxicab or limousine;
(11) ensure that if a camera that is capable of recording audio or video of a passenger
is installed in the taxicab or limousine, a notice is affixed in a position in the taxicab
or limousine that is plainly visible and readable in English and French by the
passengers; and
(12) activate the air conditioning or heating system as requested by a passenger.
5.11
No driver of a taxicab or limousine shall:
(1) cause or permit a greater number of passengers to be conveyed in any taxicab or
limousine than is set out in the manufacturer's rating of seating capacity for such
motor vehicle;
(2) cause or permit luggage or other material therein to obstruct the driver's view;
(3) drive a taxicab or limousine which does not have a licence issued under this By-
law affixed thereto;
(4) cause or permit luggage or other material therein to obstruct the driver's view;
(5) smoke while driving a passenger,
(6) operate a taxicab or limousine for more than 12 hours during a 24 hour period;
(8) charge a fee for time lost through defects or inefficiency of the taxicab or limousine
or the incompetence of the driver, or
(9) charge a fee due to early arrival of the taxicab or limousine in response to a call for
the taxicab or limousine to arrive at a fixed time.
Driver Requirements (Taxicab)
5.12
Every driver of a taxicab shall:
(1) at all times while operating a taxicab or working as a driver affix the owner's licence
issued under this By-law in a position in the taxicab so that they are plainly visible
to and readable by passengers in the back seat of the taxicab;
(2) keep a daily trip record showing:
(a) the location and the time of the origin and destination of every trip made;
(b) the taximeter reading at the beginning and end of each work period; and
(c) the amount of fare collected for each trip;
(3) maintain all trip records for at least 2 years and make them available for inspection
upon request of the Director, Officer or Police Officer,
(4) give the passenger a receipt, showing the driver's name and licence number and
owner's plate number for the taxicab, when requested;
(5) engage the taximeter at the commencement of the trip and keep it engaged
throughout the trip, except where a flat rate has been negotiated with the
passenger,
(6) engage the taximeter before the passenger enters the taxicab, only after the driver
has notified the passenger of his or her arrival and has waited five minutes after
the pick-up time requested through dispatch;
(7) at the conclusion of the trip, place the taximeter in the time-off position and after
payment, place in the vacant position;
(8) complete each trip record prior to the commencement of the next following trip
without obstructing traffic; and
(9) provide exact change to the passenger.
5.13
No driver of a taxicab shall:
(1) operate a taxicab when the taximeter has not been adjusted in accordance with
the tariff, or when the operation has not been approved and sealed by the Licence
Issuer,
(2) operate a taxicab when the taximeter does not operate properly;
(3) receive any fare from any passenger where the driver has failed to display the Tariff
Card;
(4) charge a fee to a passenger which is greater or less than the fare authorized by
this By-law, subject to an agreed flat rate as provided in this By-law and except for
a tip, gratuity or debit/credit card service charge;
(5) be actively affiliated with more than one licensed broker at any one time;
Driver Requirements (Limousine)
5.14
Every driver of a limousine shall only provide transportation services on a prearranged
basis.
5.15
No driver of a limousine shall:
(1) pick up passengers at a taxi stand or in response to a street hail;
(2) solicit rides in any manner;
(3) cause or permit their limousine to have any roof light or markings that have the
effect of making the limousine look like a taxicab;
(4) cause or permit their limousine to be equipped with a taximeter,
(5) cause or permit their limousine to be equipped with radio dispatching;
[Section 3 and 4
added, By-law
2025-103, effective
November 25,2025]
(6) cause or permit any advertisement on or in his or her limousine; or
(7) in any advertisement made or permitted to be made by him or her use or permit
the use of the words "taxi", "taxicab", "cab" or any other word or words which
indicate or could be reasonably interpreted to indicate that the limousine is a
taxicab or is available for service as a taxicab.
Condition
5.16
Every owner shall ensure that any taxicab or limousine for which a licence has been
issued by the Licence Issuer is maintained:
(1) to have a tidy and sanitary interior;
(2) with an exterior which is kept clean, free of any body damage and with a well
maintained paint finish; and
(3) so that its equipment is at all times kept in good repair and free of mechanical
defects.
Seating Capacity & Number of Doors
5.17
A taxicab and limousine shall have a manufacturer's rated seating capacity of not less
than 5 adult persons, and a minimum of four doors.
Plate and Renewal Decal
5.18
Every owner of a taxicab or limousine used in respect of a vehicle-for-hire business
shall ensure that:
(1) any plate granted to them pursuant to this Schedule is affixed only to the taxicab
or limousine for which it was granted and in a location approved by the Licence
Issuer, and
(2) any renewal decal granted to them pursuant to this Schedule is only affixed to the
plate for which it was granted.
(3) vehicle registration and identification information is affixed to the rear bumper of
the taxicab in accordance with subsection 80(2) of Ontario Regulation 191/11,
and such information complies with the requirements of subsection 58(3) of that
Regulation; and
(4) vehicle registration and identification information is made available, upon
request, in an accessible format to any passenger with a disability, in accordance
with subsection 80(3) of Ontario Regulation 191/11.
5.19
No owner shall cause or permit a taxicab or limousine to be used as a taxicab or
limousine unless it has affixed to it a plate with a renewal decal attached thereon which
has not expired.
5.20
Where a plate is defaced, destroyed or lost, the owner of the taxicab or limousine for
which the plate was granted, shall obtain a replacement plate from the Licence Issuer
and pay the applicable fee as outlined in the Town's Fees By-law.
5.21
Where an owner's taxicab or limousine will no longer be used in respect of any vehicle-
for-hire business, such owner shall immediately return the plate to the Licence Issuer.
Required Equipment and Items
5.22
Every owner shall ensure that any taxicab used in respect of a vehicle-for-hire
business has onboard at all times the following required items which shall be kept in a
state of good repair:
(1) the vehicle identification number for that taxicab as determined by the operator
displayed on both sides of the taxicab on the outside, in figures at least 20
centimetres (8") in height and of a contrasting colour to the taxicab, all to the
approval of the Licence Issuer,
(2) a holder for the photograph and name of the driver with the photograph and name
inserted and the holder affixed in such a manner that it is clearly visible to
passengers in the back seat and approved by the Licence Issuer,
(3) an electrically illuminated roof sign displaying the name of the business and
telephone number of the dispatcher that is securely attached to the top of the
taxicab in a manner approved by the Licence Issuer, wired to the taximeter and
working in conjunction with the taximeter so that it is illuminated when the taximeter
is in the vacant position.
[Section 5.36
added, By-law
2025-103, effective
November 25,2025]
Taximeter
5.23
Every owner shall ensure that any taxicab used in respect of a vehicle-for-hire
business has a taximeter affixed which shall register distances travelled, record trips
and compute fares to be paid.
5.24
Each taximeter shall be:
(1) identified with a serial number;
(2) inspected and tested over a measured distance when required by the Licence
Issuer,
(3) sealed by the Licence Issuer,
(4) illuminated between dusk and dawn;
(5) mounted in a raised position on the dashboard that is clearly visible to the
passengers in the front and rear seats of the taxicab;
(6) adjusted in accordance with the tariff to an accuracy within 100 metres on a
measured kilometer and within 100 seconds over 3 minutes on waiting time
charges and approved by the Licence Issuer, and
(7) kept in good working condition at all times and not used when defective in any way.
5.25
Every owner shall ensure that the Licence Issuer can seal the taximeter in any new
taxicab to be licenced by the Licence Issuer.
Mechanical Defect Repair Log
5.26
Every driver of a taxicab or limousine shall:
(1) prior to driving on each shift, examine the taxicab or limousine for mechanical or
other defects and similarly examine it at the end of each shift and report any
defects forthwith to the owner and shall enter such defects into a mechanical defect
repair log; and
(2) make the mechanical defect repair log available for inspection by the Licence
Issuer or Officer immediately upon request, during business hours.
Tariffs and Rates
5.27
The rates and fees for the conveyance of passengers by a limousine shall be as
agreed upon at the time of hiring of the limousine.
5.28
The rates and fees for the conveyance of passengers by a taxicab shall be set by the
broker or independent owner who does not operate under a broker.
5.29
Every broker and independent owner shall file with the Licence Issuer the rates and
fees to be charged for the conveyance of passengers by a taxicab.
5.30
Every broker and independent owner shall give one month notice to the Licence Issuer
prior to any change to the rates and fees.
5.31
Every owner and driver shall ensure that any taxicab used in respect of a vehicle-for-
hire business has onboard at all times a tariff card filed with the Licence Issuer, affixed
in such a manner that it is visible to passengers in the back seat.
5.32
Every driver of a taxicab shall charge a passenger only the rates as shown on the
Tariff Card filed with the Licence Issuer.
5.33
Notwithstanding Section 5.32, a driver shall charge a passenger rates not shown on
the Tariff Card if the broker or driver enters an agreement with a passenger for a flat
rate.
5.34
The rates described in Sections 5.32 and 5.33 shall include any applicable provincial
or federal taxes.
5.35
Every driver of a taxicab shall ensure that when more than one passenger is being
transported in a taxicab, and said passengers have different destinations, the
taximeter is re-flagged after each destination. The individual or individuals shall then
be responsible for the fee registered on the taximeter at the point of their particular
destination.
5.36 Every owner and driver of a taxicab shall comply with the accessibility requirements of
Ontario Regulation 191/11 under the Accessibility for Ontarians with Disabilities Act,
2005, including:
1.
No owners or operators of taxicabs shall charge a higher fare or an additional fee
for persons with disabilities than for persons without disabilities for the same trip;
and
2.
No owners or operators of taxicabs shall charge a fee for the storage of mobility
aids or mobility assistive devices.
Schedule I - Temporary Patios
Part 1 - Definitions
"AGCO" means the Alcohol and Gaming Commission of Ontario;
"AODA" means the Accessibility for Ontarians with Disabilities Act;
"Highway" means a common and public roadway, avenue, parkway, boulevard, driveway,
square, place, bridge, cul-de-sac, viaduct or trestle, any part of which is intended for or used
by the general public for passage of vehicles or pedestrians, and includes the area between
the lateral property lines thereof;
"MASH' means the Manual for Assessing Safety Hardware created by the American
Association of Highway and Transportation Officials;
"Patio area" means the entire area of the temporary patio;
"Patio encroachment agreement" means an agreement that is required between the
operator, the Town and the Region, if applicable, regarding the temporary patio and any
pedestrian by-pass, and includes the duration of the temporary patio, liability, modifications
and general responsibility;
"Patio season" means May 1st to October 31st each year;
"Patio plan" a site plan sketch or drawing of a temporary patio;
"Pedestrian by-pass" means a temporary pathway constructed through on-street parking
spaces to accommodate pedestrian movement;
"Pedestrian clearway" the area of a sidewalk that accommodates pedestrian movement;
"Restaurant business" means a business where food and refreshments are prepared and
served to the public for consumption at tables within or outside the building and which may
include the preparation of food in a ready-to-consume state for consumption off the
premises;
"Roadway" means part of a highway used or intended to be used for vehicular travel by the
general public;
"Sidewall<' means an improved portion of a Town or Region right-of-way between the
roadway and the adjacent property line intended for the use of pedestrians;
"Sidewalk patio" means a temporary patio constructed on a sidewalk;
"Temporary patio" means an outdoor eating area accessory to a restaurant business where,
on a seasonal basis, food and/or refreshments prepared on the premises are consumed.
Part 2 - Application
2.1
Every operator of a restaurant business which intends to have a temporary patio
located within the municipal boundary shall be subject to the applicable provisions
within this Schedule.
Part 3 - Licence Provisions
3.1
Every operator of a restaurant business shall obtain a licence pursuant to this
Schedule prior to the construction of a temporary patio.
Expiry
3.2
Every licence granted pursuant to this Schedule shall expire on October 31.
Application Criteria
3.3
Every operator shall submit an application for a licence to the Licence Issuer on the
form provided by the Town which shall only be deemed to be complete and ready for
review by the Licence Issuer if it includes:
(1) full details and relevant contact information required on the said form;
(2) a Certificate of Insurance covering the temporary patio which shall include:
(a) Commercial General Liability Insurance naming the Town as an additional
insured, having an inclusive limit of not less than $2,000,000 per occurrence in
accordance with Section 4.12 of this By-law;
(b) where alcohol is to be served on the temporary patio, the minimum coverage
shall be increased to $5,000,000 per occurrence; and
(c) where the temporary patio is to be located on the Region's right of way, the
policy shall name the Region as an additional insured;
(3) a patio plan which, to the satisfaction of the License Issuer, displays the proposed
layout of the temporary patio;
(4) a copy of the operator's AGCO liquor licence if alcohol will be served on the patio;
and
(5) a consent letter, in a form prescribed by the Town, from the landowner of the lot on
which the restaurant business is located.
3.4
Every operator of a restaurant business to which a licence has been granted for their
temporary patio shall notify the Licence Issuer once the temporary patio is ready to be
inspected by a designate.
3.5
No operator of a restaurant business shall cause or permit their temporary patio to
operate unless an inspection is completed by a designate and they are of the opinion
that the provisions of this Schedule will be complied with.
Part 4 - General Requirements
4.1
Temporary patios shall only be permitted during the prescribed patio season.
4.2
Temporary patios are permitted only where the installation is located directly in front
of or adjacent to the restaurant business.
4.3
The operator assumes all maintenance and liability for the temporary patio and may
be required to undertake alterations or repairs as required by the Director to maintain
safety and accessibility.
4.4
Every operator of a temporary patio shall ensure that:
(1) the temporary patio, pedestrian by-pass, furnishings, fences, ramps and other
improvements are not permanently fixed and are removed no later than October
31;
(2) the temporary patio is completely enclosed by a fence or physical barrier with a
minimum height of 0.9 metres and a maximum height of 1.2 metres above the patio
floor;
(3) the temporary patio and surrounding areas are maintained in a clean and sanitary
condition and clear of any hazards or debris;
(4) required accessible parking spaces are not obstructed;
(5) the temporary patio does not extend past the patio area indicated in the patio plan;
and
(6) the temporary patio is not affixed to any trees, street elements or utilities;
4.5
No operator of a restaurant business shall cause or permit a temporary patio to
obstruct any:
(1) fire hydrants or connections used by the Town's Fire Department;
(2) underground utility access, electrical transformer vaults, utility boxes, drains, storm
water drainage or other municipal services;
(3) required accessible parking spaces; or
(4) access routes or driveways.
4.6
No operator of a restaurant business shall cause or permit a temporary patio to operate
after 11:00 p.m.
Noise
4.7
No operator of a restaurant business shall cause or permit any noise from the
operation of a temporary patio likely to disturb local residents.
4.8
No operator of a restaurant business shall cause or permit amplified sound to be
emitted from a temporary patio.
Part 5 - Accessibility
Location and Access
5.1
Temporary patios shall be located on a level and slip resistant accessible route or path
with a minimum width of 1.5 metres and which is kept clear of all obstructions.
5.2
Where accessible parking is provided, the temporary patio shall be located in close
proximity to such parking and the required accessible route shall provide access
between the temporary patio and accessible parking space.
Design Requirements
5.3
In addition to applicable design requirements of the AODA, temporary patios shall
meet the following accessibility requirements:
(1) A temporary patio shall have an entrance with a minimum width of 1 metre;
(2) Where there is a step between the temporary patio and adjacent path or access
route, the top edge of the step shall be clearly marked using a contrasting colour
to reduce the hazard of tripping;
(3) temporary patios shall be constructed to ensure that openings on the surface do
not allow the passage of an object that has a diameter of more than 20 mm; and
(4) temporary patios shall be designed to include an unobstructed route with a width
of 1.5 metres providing access to seating areas.
Part 6 - Patios on Private Property
Patio Plan
6.1
A patio plan for a proposed temporary patio on private property shall include the
following:
(1) location and dimensions of the proposed temporary patio and its entrances and
exits;
(2) location and use of the adjacent buildings and their entrances and exits;
(3) the number of parking spaces to be occupied by the temporary patio;
(4) location and dimensions of any enclosures, umbrellas, tents or awnings; and
(5) location of tables, chairs and other furniture and installations.
Part 7 - Sidewalk Patios
Encroachment Agreement
7.1
Upon conditional approval for a sidewalk patio, the operator will be required to enter
into a patio encroachment agreement with the Town.
7.2
if a pedestrian by-pass is required, the pedestrian by-pass along with the sidewalk patio
shall be included as part of the patio encroachment agreement.
Patio Plan
7.3
A patio plan for a proposed sidewalk patio shall include the following:
(1) location and dimensions of the proposed sidewalk patio and its entrances and exits;
(2) location and use of the adjacent buildings and their entrances and exits;
(3) the number of parking spaces to be occupied by the sidewalk patio;
(4) location and dimensions of any umbrellas, awnings or canopies;
(5) location of tables, chairs and other furniture and installations;
(6) width and length of the sidewalk occupied;
(7) location, dimensions and construction material to be used for the boundary fence;
(4) location municipal and regional services within or adjacent to the proposed
sidewalk patio;
(5) location of proximate transit stops and amenities; and
(5) location of trees within or adjacent to the proposed sidewalk patio.
Operator Requirements
7.4
No operator of a restaurant business shall cause or permit a temporary patio to
obstruct:
(1) any vehicular travel lane or any lane designated as no parking, accessible
parking or delivery space;
(2) sightlines for pedestrians, cyclists or motorists;
(3) a transit stop location, any related transit amenities or space required for transit
vehicle access; or
(4) an existing pedestrian crossing.
7.5
Sidewalk patios shall only be permitted adjacent to roadways with:
(1) a designated posted speed limit of 50 km or less;
(2) existing on-street parking; and
(3) two vehicular travel lanes.
7.6
Every operator of restaurant business shall ensure that the sidewalk patio:
(1) maintains at least 1.8 metres pedestrian clearway for unobstructed pedestrian
mobility;
(2) has a minimum setback of 5 metres from any fire hydrant or to the middle of any
connection used by the Town's Fire Department;
(3) is in accordance with the following intersection requirements:
(a) shall not obstruct any intersection sightlines; and
(b) shall have a minimum setback of 3 metres from a driveway intersection.
Pedestrian By-Pass
7.7
Where the pedestrian clearway requirement of 7.6 (1) cannot be maintained, a
pedestrian by-pass shall be constructed.
7.8
No operator of a restaurant business shall cause or permit a pedestrian by-pass to be
located in a vehicular traffic lane or any lane designated as no parking, accessible
parking or delivery space.
7.9
Every operator of restaurant business shall ensure that the pedestrian bypass:
(1) is a minimum of 1.8 metres wide;
(2) is clear and free of obstructions;
(3) has a minimum setback of 0.6 metres from any vehicular travel lanes;
(4) is a raised platform deck that is slip resistant and has a flush transition with the
sidewalk;
(5) Notwithstanding Subsection 7.9 (4), if a platform deck is not used as part of the
pedestrian by-pass, a ramp may be used in accordance with the following
standards:
(a) the slope shall be less than 1:10;
(b) shall be a minimum of 1.8 metres wide;
(c) shall be stable so that it does not shift or move when used;
(d) shall have a surface including flared sides that:
(i) is slip resistant;
(ii) is visible at night;
(iii) has a detectable warning surface with colour;
(iv) has texture that is contrasted with the adjacent surfaces; and
(v) has a smooth transition that is less than 6 millimetres from the ramp and
the adjacent surfaces.
(5) has signage that, to the satisfaction of the License Issuer, directs pedestrians on
the sidewalk to the pedestrian bypass;
(6) does not obstruct street utilities or storm water drainage;
(7) has a barrier with a minimum height of 0.9 metres and a maximum height of 1.2
metres; and
(8) has a barrier between the pedestrian by-pass and travel lane and be a minimum
MASH test level TL-1 or equivalent.
7.10
Every operator of restaurant business shall ensure that temporary signage and traffic
control devices are installed that, to the satisfaction of the Licence Issuer, provide
motorists and cyclists with advance warning of the presence of the pedestrian by-pass.
Adjacent Property Notification and Consent
7.11
Every operator of a restaurant business shall provide written notification of a proposed
pedestrian by-pass to the adjacent landowners and tenants prior to construction within
any on-street parking.
7.12
Every operator of a restaurant business shall receive written consent from adjacent
business owners and provide such written proof of consent to the Licence Issuer, and
any other documentation required by the Licence Issuer acting reasonably, to support
the proposed pedestrian by-pass being constructed within any on-street parking.
Fencing
7.13
Every operator of restaurant business shall that temporary fencing, planter boxes or
other items that provide a vertical barrier is installed between the temporary patio and
the pedestrian clearway.
7.14
Every operator of restaurant business shall ensure that the temporary fencing, planter
boxes or other vertical barrier:
(1) is a minimum height of 0.9 metres and a maximum height of 1.2 metres;
(2) is designed to provide detectability for the visually-impaired by including at least;
(a) lower rail height between 75 mm and 150 mm above the sidewalk surface with
a contrasting color to the sidewalk; or
(b) planter boxes with a detectable base that are spaced no more than 0.3 metres
apart from each other except for the entrance.
(3) is free-standing and self-supporting with appropriate weights;
(4) does not project into the travel path of pedestrians, cyclists or motorists;
(5) does not penetrate the surface of the ground;
(6) does not create a trip hazard and does not project beyond the limits of the
temporary patio;
(7) is not attached to trees, street elements or utilities;
(8) is not made of fabric, canvas, plywood, plexiglass or similar materials; and
(9) has retro-reflective tape or reflective flexi-posts at each end of the temporary patio.
Awnings
7.15
Every operator of restaurant business shall ensure that any awning used as part of the
temporary patio:
(1) is a minimum of 2.4 metres in height;
(2) is installed on the first story of the building; and
(3) does not conflict with any trees.
Umbrellas and Canopies
7.16
Every operator of restaurant business shall ensure that any umbrella or canopy used
as part of the temporary patio;
(1) has a maximum width of 3 metres and maximum length of 3 metres;
(2) is at least 2.1 metres in height measured from the ground to the fabric;
(3) is located entirely within the limits of the sidewalk patio and does not encroach onto
the roadway;
(4) is properly weighed down;
(5) is removed during inclement weather or high winds so as to not create a safety
hazard;
(6) does not obstruct sightlines for pedestrians, cyclists or motorists;
(7) is free-standing and self-supporting with appropriate weights;
(8) does not penetrate the surface of the ground; and
(9) is secured without endangering any aboveground or underground utilities.
Lighting
7.17
Every operator of restaurant business shall ensure that any lighting used as part of the
temporary patio is in accordance with the following:
(1) shall not exceed 3 metres in height;
(2) shall only be located within the boundaries of the patio area;
(3) lighting elements and power cables shall not run over the pedestrian clearway;
(4) shall be directed into the patio area and away from neighboring properties and the
roadway; and
(5) shall not be attached to trees, utilities or other street elements.
Appendix A to By-law 2022-041
Threshold Policy
This policy shall apply to any person to whom a licence has been granted and applicants who
must disclose the nature of a pending charge, submit a Criminal Record Check or Driver
Abstract. The thresholds are used to review pending charges and convictions of offences to
assess if a person is or may become ineligible to engage in a business due to being
incompatible with the protection of the health, safety or welfare of the public, consumer interest
or otherwise. Further, the thresholds provide an objective, transparent and impartial method
to manage the granting of licences.
Application of Thresholds
(1)
The Licence Issuer shall refuse to grant a licence and shall revoke an existing licence
if any of the following thresholds apply:
(a) any Code 1 conviction;
(b) any Code 2 conviction within the last 10 years;
(c) any Code 3 conviction within the last 5 years;
(d) two or more Code 3 convictions within the last 10 years;
(e) any Code 4 conviction within the last 3 years;
(f) two or more Code 4 convictions within the last 5 years;
(g) any Code 5 or 6 conviction within the last year;
(h) any Code 7 conviction within the last year;
(i) nine or more demerit points, as defined in the Highway Traffic Act, on a Driver
Abstract.
(2)
No person shall be eligible for a licence in respect of a kennel business, as defined by
Schedule C - Kennel Business, or a pet shop business, as defined by Schedule D -
Pet Shop Business, if such person has been convicted of cruelty to animals pursuant
to Part XI of the Criminal Code.
Criminal Code
Offences
Description
Code
Sexual Offences
(minors)
Interference, invitation, exploitation, procuring
sexual activity (parent or guardian), permitting
sexual activity (householder) corrupting children,
lurinq a child, exposure, incest (with minor)
1
Homicide
Homicide, manslaughter, infanticide, murder,
attempt to commit, accessory
1
Terrorism
Providing or collecting property, using or possessing
property for terrorist purposes, providing, making
available property
2
Major assault and
sexual assault offences
Sexual assault with weapon, causing bodily harm,
aggravated, assault with weapon, causing bodily
harm
2
Criminal organization
Participating in activities of
2
Sexual offences
(against person other
than minor)
Exploitation of persons with a disability, incest,
indecent act, sexual assault
3
Confinement
Kidnapping, hostage taking, abduction
3
Hate propaganda
Advocating genocide, public incitement of hatred
3
Robbery, extortion
All offences
3
Assault
Assault, assault of a peace officer
3
Operation of vehicles,
vessels or aircraft
Dangerous operation, flight, causing death by
criminal negligence (street racing), causing bodily
harm by criminal negligence (street racing),
dangerous operation of motor vehicle while street
racing, failing to stop for police, failure to stop at
scene of accident, operation while impaired,
operation with more than 80 milligrams of alcohol in
blood, operation while disqualified
3
Criminal negligence
Criminal negligence, causing death, causing bodily
harm
4
Noxious thing, poison
Administering to harm
4
Harassment, threats
Criminal harassment, uttering threats
4
Explosives
Using, possession
4
Weapons
Possession, carrying, trafficking
4
Criminal Code
Offences
Description
Code
Firearms
Using in commission of offence, careless use,
pointing, possession, acquisition without certificate,
causing bodily harm with intent (firearm, air gun or
pistol)
4
Theft offences
All offences
4
Forgery offences
All offences
4
Fraud
Fraud offences, falsifying documents
4
Traps
Setting traps likely to cause bodily harm
4
Break and enter
Break and enter
4
Crime - possession of
property
Possession of property obtained by crime
4
Arson
All offences
4
Counterfeit money
Making counterfeit money, uttering counterfeit
money, advertising, dealing
4
Proceeds of crime
Laundering proceeds of crime
4
Noxious thing, poison
Administering to annoy, to aggrieve
5
Mischief
Mischief
5
Conspiracy
Conspiracy to commit an indictable offence
5
Bawdy-houses
Keeping common bawdy-house, transporting person
to bawdy-house, procuring
5
Prostitution
Offences related to prostitution
5
Other
All other Criminal Code convictions
6
By-law
Description
Code
Contravention regarding
a plate or renewal decal
Affixing a plate to an unauthorized vehicle or affixing
a renewal decal to an unauthorized plate
Failure to remove and return a plate to the Licence
Issuer when required
7
Controlled Drugs and
Substances Act
Offences
Description
Code
Possession
Possession of substance
5
Trafficking
Of Schedule I or 11 substance
3
Of Schedule Ill substance
4
Of Schedule IV substance
5
Importing, exporting
Of Schedule I or II substance
3
Of Schedule Ill substance
4
Of Schedule IV substance
5
Production
Of Schedule I or II substance
3
Of Schedule Ill substance
4
Of Schedule IV substance
5
Highway Traffic
Act Offences
Description
Code
Driving prohibited while
licence suspended
Driving prohibited while licence suspended or
disqualified.
4
Suspension while
prohibited from driving
Driving while licence suspended
4
Rate of speed
Exceeding speed by 50 km/hr
4
Racing
Racing, performing a stunt
4
Careless driving
Careless driving
4
Fail to remain
Fail to remain at the scene of an accident
4
Fail to stop for Police
Officer
Fail to stop when signaled or requested by a Police
Officer
4
Fail to stop for school
bus
Fail to stop for a school bus
4