By-law No. 07-170 - To Licence and Regulate Various Businesses (Office Consolidation, Nov 2023)
Hamilton, Ontario
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CITY OF HAMILTON
By-law No. 07-170
A By-law To License and Regulate Various Businesses
OFFICE CONSOLIDATION
This By-law is a consolidated version and includes amendments made by the amending by-
laws listed on the following page. This consolidation is prepared for purposes of
convenience only and is not the official or legal version of the By-law. For accurate
reference to the By-law, certified copies should be obtained through the City Clerk's Office.
Revised: November 2023
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A By-law To License and Regulate Various Businesses
Consolidated By-law No. 07-170
Incorporating amendments made by:
By-Law No:
Effective Date:
08-099
April 23, 2008
Amendment to Schedule 25, paragraph 64
08-131
May 28, 2008
Housekeeping and technical amendments
General Provisions
Schedule 1
Schedule 3
Schedule 9
Schedule 17
Schedule 19
Schedule 20
Schedule 21
Schedule 23
Schedule 25
Schedule 30
Schedule 31
08-175
July 10, 2008
Replacement of Appendix 1 of Schedule 25 (Taxi Cabs)
08-186
August 7, 2008
City of Hamilton Licensing Committee name change to
Hamilton Licensing Tribunal
08-225
September 24, 2008
Deletion of Schedule 15 (Public Baths)
08-255
October 29, 2008
Amendment to definition of Lodging House
08-267
November 12, 2008
Replacement of Schedule 1 (Adult Entertainment
Establishments) and Replacement of Schedule 13
(Personal Aesthetic Services)
08-285
December 10, 2008
Amendment to Schedule 25, paragraph 64
09-024
January 28, 2009
Amendment to Schedule 25, subsection 20
09-026
February 11, 2009
Amendment to Schedule 25, subsection 20
09-039
February 25, 2009
Amendments to General Provisions, section 4; Schedule
13, section 3; and Schedule 25 subsection 20
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By-Law No:
Effective Date:
09-040
February 25, 2009
Amendment to General Provisions, section 5
09-058
April 1, 2009
Replacement of Appendix 3 of Schedule 25
09-111
May 27, 2009
Amendments to General Provisions, section 11,
paragraph 12, section 31, section 32; addition of Schedule
21.1 Hess Village Entertainment District; and repeal of By-
Law 06-234
09-152
July 9, 2009
Replacement of Schedule 20 (Residential Care Facilities)
09-156
July 9, 2009
Housekeeping and technical amendments
General Provisions
Schedule 3
Schedule 10
Schedule 12
Schedule 18
Schedule 19
Schedule 29
09-170
August 13, 2009
Re-enactment of Schedule 20 (Residential Care Facilities)
09-237
November 11, 2009
Amendment to Schedule 25, paragraph 64
10-077
April 14, 2010
Housekeeping and technical amendments
General Provisions
Schedule 1
Schedule 4
Schedule 25
10-078
April 14, 2010
Replacement of Schedule 20 (Residential Care Facilities)
10-106
May 12, 2010
Amending to Schedule 29, provide for licensing of
Sprinkler and Fire Protection Installers
10-126
May 26, 2010
Replacement of Appendix 3 of Schedule 25
10-198
August 12, 2010
Replacement of Schedule 26 (Mobile Sign Leasing or
Renting)
10-314
December 15, 2010
Replacement of Schedule 21 (Food Premises) and
deletion of Schedule 21.1
11-017
January 12, 2011
Addition of Schedule 15 (Personal Wellness Services
Establishments)
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By-Law No:
Effective Date:
11-111
April 13, 2011
Housekeeping and technical amendments
General Provisions
Schedule 1
Schedule 4
Schedule 12
Schedule 14
Schedule 16
Schedule 22
Schedule 23
Schedule 25
Schedule 26
By-law 10-221
11-125
May 11, 2011
Housekeeping and technical amendments to Schedule 25
with respect to the Priority List
11-142
May 25, 2011
Replacement of Schedule 1 (Adult Entertainment
Establishments)
11-230
September 28, 2011
Housekeeping and technical amendments
General Provisions
Schedule 25
By-law 10-142
By-law 10-118
By-law 10-197
By-law 10-260
12-021
January 25, 2012
Replacement of Schedule 22 (Salvage and Second-Hand
Goods, Pawnbroker, and Jewellery and Precious Metals
Businesses), Deletion of Schedules 6, 11, and 14
12-069
March 28, 2012
Replacement of Schedule 3 (Bed and Breakfasts, Hotels
and Motels)
12-101
April 25, 2012
Amendments to the General Provisions to have the
Licensing Tribunal make the final decision to refuse,
suspend, revoke or attach conditions to a licence instead
of Council.
12-118
May 25, 2012
Addition of New Schedule 28 (Tow Trucks)
12-150
June 27, 2012
Deletion of Schedule 19 (Refreshment Vehicles) and
addition of Schedule 6 (Food Service Vehicles)
12-219
October 10, 2012
Amendments to Schedule 20 (Residential Care Facilities)
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By-Law No:
Effective Date:
12-249
November 14, 2012
Amendments to Schedule 25 (Taxicabs) to have
accessible taxicab owner licenses issued in 2013 and
2014
12-250
November 14, 2012
Amends Schedule 22 (Salvage and Second-Hand Goods,
Pawnbroker, and Jewellery and Precious Metals
Businesses), Section 5
13-060
February 27, 2013
Amends Schedule 25 (Taxicabs), Sections 55 - 59
13-081
March 27, 2013
Amends Schedule 28 (Tow Trucks)
13-302
December 11, 2013
Amends Schedule 25 (Taxicabs), Appendix 1, Tariff/Fares
14-119
May 14, 2014
Amends Schedule 6 (Food Service Vehicles)
14-181
July 11, 2014
Amends Schedule 25 (Taxicabs)
15-130
May 13, 2015
Amends Schedule 21 (Food Premises)
15-232
October 14, 2015
Amends Schedule 3 (Bed and Breakfasts, Hotels and
Motels)
16-053
February 24, 2016
Addition of Schedule 11 (Payday Loan Businesses)
16-105
April 13, 2016
Amends General Provisions by deleting the following
Licensing Categories:
Building Exterior Cleaners (Schedule 5)
Mobile Home s and Mobile Home Parks (Schedule 10)
Sign Posters and Bill Distributors, Etc. (Schedule 24)
17-011
January 25, 2017
Amends General Provisions
17-012
January 25, 2017
Amends Schedule 25 - Taxicabs
17-013
January 25, 2017
Provides for the addition of Schedule 24 to Licence
Personal Transportation Providers
17.054
March 29, 2017
Delete and replace Schedule 22 - Auctioneers
17-055
March 29, 2017
Delete Schedule 18 - Recreational Camping
Establishments
17-056
March 29, 2017
Delete and replace Schedule 27 - Tobacco Retailers
17-069
April 26, 2017
Delete and replace Schedule 7 - Kennels and Pet Shops
17-116
June 14, 2017
Delete and replace Schedule 6 - Food Service Vehicles
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By-Law No:
Effective Date:
17-128
June 28, 2017
Delete and replace Schedule 22 Second-Hand Goods,
Jewellery and Precious Metals (remove Salvage
Businesses and Pawnbrokers)
17-129
June 28, 2017
Add Schedule 5 - Pawnbrokers
17-130
June 28, 2017
Add Schedule 10 - Salvage Businesses
17-216
October 25, 2017
Amends Schedule 21 - Food Premises (Hess Village)
17-251
November 22, 2017
Amends Schedule 8 -Limousines
17-259
December 8, 2017
Amends Schedule 25 - Taxicabs
18-040
February 28, 2018
Amends Schedule 25 - Taxicabs (Accessible Taxi Plates)
18-041
February 28, 2018
Amends Schedule 25 - Taxicabs (Replace Appendix 1
(Taxicab Tariff/Fares Meter and By Agreement Rates)
18-042
February 28, 2018
Delete and Replace Schedule 11 (Payday Loan
Businesses)
18-111
May 9, 2018
Delete and Replace Schedule 21 (Hess Village Paid Duty
Policing)
18-212
August 17, 2018
Amend Schedule 1 (Adult Entertainment Establishments)
18-252
September 12, 2018
Amend Schedule 24 (Personal Transportation Providers)
and Schedule 25 (Taxi Cabs)
18-320
December 19, 2018
Delete and Replace Schedule 21 (to include Drive-Thru
Facilities)
19-175
July 12, 2019
Add Schedule 14 - Tree Cutting Services
19-258
October 23, 2019
Add 90 Centennial Parkway North as (ee) to Schedule 11
20-033
February 26, 2020
Delete Map 2 from Schedule 1 and Schedule 4
20-128
June 24, 2020
Amend Schedule 24 - Personal Transportation Providers
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By-Law No:
Effective Date:
20-180
21-166
August 21, 2020
September 29, 2021
Repeal and Replace definition of "Director of Licensing"
Include definition of Hearing Officer
Add Section 12a - License on Terms and Conditions
Add Section 18a - Temporary Suspensions without a
Hearing
Add Schedule 31 - Rental Housing Units
21-217
November 24, 2021
Add definition of "inspection log" to Section 20
Add subsection (vii) to Schedule 20, subsection 12(f)
Add subsection (j) to Schedule 20, subsection 12
22-102
April 27, 2022
Amend Appendix 1 of Schedule 25
22-248
September 28, 2022
Amend Appendix 1 of Schedule 25 by adding "Request for
a Van (non-accessible0 fare (per trip)
23-005
January 25, 2023
Add Schedule 32 - Short-Term Rentals
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CITY OF HAMILTON
CONSOLIDATED BY-LAW NO. 07-170
A By-law to License and Regulate Various Businesses
WHEREAS Council considers it in the public interest to enact a by-law to license regulate
and govern various classes of businesses, and to repeal the existing City of Hamilton
Licensing Code being City of Hamilton By-law No. 06-213, as amended;
AND WHEREAS Part IV of the Municipal Act, 2001 allows the enactment of by-laws to
license, regulate and govern businesses, and to impose conditions on the obtaining, holding
and keeping of licences to carry on such businesses;
AND WHEREAS Council wishes to exercise its powers over businesses, the persons
carrying on or involved in the operation of the businesses including the powers to impose
conditions on the obtaining, holding or renewing of licences and for the suspension, denial
and revocation of licences as this By-law and Municipal Act, 2001 provide;
AND WHEREAS the regulation of the businesses in this by-law, the requirement for a
licence and the imposition of such conditions will aid in the application and enforcement of
this by-law and other laws so as to assist in allowing, amongst other things, for the
identification and qualification of the persons responsible for the operation of the business,
the identification of the location of businesses, the regulation and inspection of equipment,
vehicles, premises and other property used to carry on business, and allowing for the
protection of persons dealing with or affected by such businesses and persons;
AND WHEREAS Sections 390 to 400 of the Municipal Act authorize a municipality to pass
by-laws imposing fees or charges for services or activities provided or done by them;
AND WHEREAS pursuant to Section 151(1)(g) of the Municipal Act, Council considers it
desirable to provide for a system of administrative penalties and fees as an additional means
of encouraging compliance with this By-law;
AND WHEREAS Council is satisfied that a public meeting and reasonable public notice
have been given for enactment of this by-law in accordance with the Municipal Act, 2001;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
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GENERAL PROVISIONS
DEFINITIONS and APPLICATION
1.(1) In this By-law:
(a) "applicant" means a person applying for a licence or renewal of a licence thereof
under this By-law;
(b) "business" has the same meaning as provided in section 150 of the Municipal Act,
2001, S.O. 2001, Chapter 25, as amended;
(c) "City" means the City of Hamilton as constituted by section 2 of the City of Hamilton
Act, 1999, S.O. 1990, c.14, Schedule C;
(d) "City Council" or "Council" means the council of the City of Hamilton;
(e) "City Treasurer" means the treasurer of the City;
(f)
"conditions" includes special conditions which are conditions imposed upon a
business in a class that have not been imposed on all of the businesses in that
class, as a requirement of obtaining, continuing to hold or renewing a licence;
(g) "Director" or "Director of Licensing" means the Director of Licensing and By-law
Services for the City, or their designate;(20-180)
(h) "hearing" includes a hearing or an opportunity given for a hearing, where an
applicant or licensee may show cause why the licence should be granted, or not
refused, revoked or suspended, with or without conditions;
(i)
Hearing Officer" means a person from time to time appointed by Council pursuant
to the City's Administrative Penalty By-law;(20-180)
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(j)
"Licensing Tribunal" means the Hamilton Licensing Tribunal established under
subsection 3(1);
(k) "Municipal Officer" except where otherwise indicated, means an employee of the
Parking and By-law Services Division of the Planning and Economic Development
Department who is assigned by the Director of Licensing to enforce the provisions
of this By-law;(17-011)
(l)
"person" includes an individual, partnership, corporation, and the heirs, executors,
administrators or other legal representatives of a person to whom the context can
apply according to law;
(m) "policies" or "policy" means policies or a policy approved by Council under section
15;
(n) "private club" means an establishment which is maintained and operated by a not-
for-profit corporation or unincorporated association solely for the benefit and
enjoyment of its members, and which has adopted by-laws or policies regulating
the admission of persons to the corporation or association, the classes and
conditions of membership, the suspension and termination of membership, the
qualification and membership of directors and their manner of election, and the
holding of an annual general meeting of members, and which requires the payment
of fees and dues by members on an annual basis, and which issues cards or other
documents to members which state the name of the member and the date on which
his or her membership expires;
(o) "Secretary" means the secretary of the Licensing Tribunal; and
(p) "Schedule" shall be a reference to one or all the Schedules listed in section 30, as
the context requires.
(2)
Except where otherwise provided, the provisions of this By-law apply to the engaging in
or
carrying
on,
in
the
City
of
Hamilton,
of
any
of
the
businesses
regulated by this By-law.
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(3)
This By-law is subject to the Retail Business Holidays Act, R.S.O. 1990, c. R.30.
ADMINISTRATION
2.
Subject to the terms of this or other by-laws, or the directions of Council:
(a) Administration of this By-law shall be by the staff of Licencing and By-law Services
Division of the Planning and Economic Development Department of the City. (19-
175)
(b) Enforcement of this By-law shall be by:
(i)
persons assigned by the Director of Licensing or Council for the purpose of
enforcing the provisions of this By-law which shall include the following:
a.
municipal law enforcement officers; and
b.
inspectors appointed pursuant to the Building Code Act, 1992,
S.O. 1992, c.23; and
(ii)
police officers.
3.(1) A tribunal, composed of not fewer than three members of Council who are appointed by
resolution of Council, is established pursuant to section 23.2 of the Municipal Act, 2001,
under the name "Hamilton Licensing Tribunal".
(2)
The Licensing Tribunal shall select one of its members as a Chair.
(3)
For the purposes of subsection (2), the Licensing Tribunal shall apply the by-laws of the
Council and have the powers, duties and rights as applicable under the Statutory
Powers Procedure Act, R.S.O. 1990, c. S. 22.
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(4)
There shall be a Secretary to the Licensing Tribunal, who may be assigned
administrative duties by the Tribunal.
(5)
The Secretary shall attend all meetings of the Licensing Tribunal and shall keep all
necessary records and perform such other duties as may from time to time be required
by the Licensing Tribunal.
4.(1) The duties of the Director of Licensing include ensuring:
(a) that the applicant, except an applicant for a licence as an attendant under
Schedules 1 or 4 or as a driver under Schedule 25, is the owner or operator of the
business and "owner" or "operator", unless otherwise defined in the applicable
Schedule, means a person who has responsibility for carrying out the business
including but not limited to:
(i) having the right to possess or occupy the premises where the business is
carried on;
(ii) having significant financial responsibility for the business such as responsibility
for accounts payable and accounts receivable;
(iii) managing any employees of the business such as hiring or firing such
employees;
(iv) having responsibility for the business under a permission granted by the federal
or provincial governments such as a liquor licence (Liquor Licence Act) or a
vendor's permit (Retail Sales Tax Act).
(b) that applications are on the form applicable to the category of licence applied for,
complete, and signed by the applicant, or where the application is from a
partnership or corporation respectively, signed by a partner or the president or other
authorized signing officer of the corporation;
(c) that the applicant has paid the fees required for the applicable licence(s) and
application, for the term of the licence, prior to processing the application; and
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(d) where a limited number of licences may be issued or transferred, that there is a
licence approved or available for issuance or transfer.
(2) Where an application or applicant fails to comply with the requirements of paragraphs
1(a), (b) or (c), or the Director of Licensing' instructions in that regard, or where no
licences are available to be issued or transferred under paragraph 1(d), the application
shall not be processed and shall be returned to the applicant.
(3) Where the application is returned under subsection (2), the applicant may be:
(i)
given the application and advised personally; or
(ii)
sent the application by regular mail to the applicant's address as disclosed by
the application or to their last known address and advised
by an accompanying
letter.
(4) When the Director of Licensing has refused to issue a licence under section 12 and the
applicant has not requested a hearing in accordance with subsection 13(1), no further
application from the applicant for the same category of licence shall be processed by
the Director of Licensing for one year from the date of the refusal. Any such further
application shall be returned to the applicant in accordance with subsection (3).
(5) Notwithstanding subsection (4), where the only reason for the refusal is the failure of
premises to meet one or more requirements under this By-law, a further application may
be processed if the premises, whether they are the same or different premises, meet all
requirements under this By-law. Any such further application is subject to all of the
requirements under this By-law including the requirements under this section.
(6)(a)
Notwithstanding any of the provisions of this By-law that apply to an applicant for a
licence that is:
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(i)
a partnership, the Director of Licensing may issue a licence to a partnership
provided that at least one partner, or other individual affiliated with the
partnership as determined by the Director of Licensing, satisfies such
applicable provisions;
(ii)
a corporation, the Director of Licensing may issue a licence to a corporation
proved that at least one director, officer, or other individual affiliated with the
corporation as determined by the Director of Licensing, satisfies such
applicable provisions.
(b)
Paragraph (a) does not apply to Schedules 1, 4 or 25.
LICENCE APPLICATIONS AND FEES
5.(1) An applicant for a licence shall file the application, materials and fees, and in the case
of a licensee renewing a licence, shall file the certifications, materials and fees, required
to be supplied under the terms of this By-law.
(2) The applicant shall be responsible for ensuring that:
(a) all forms are properly completed and signed where necessary;
(b) truthful information is provided in forms required, or in responses supplied to
enquiries made under this By-law;
(c) prior to issuance of the licence, any correction of information supplied under
paragraph (a) or (b) is brought to the attention of the Director of Licensing in writing;
and
(d) all necessary and required information, materials and fees are delivered to the
Director of Licensing, including unpaid fines for Fees for Service or unpaid fines
imposed under the Provincial Offences Act;(17-011)
(3) An applicant may withdraw the application prior to issuance of the licence.
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(4) A person issued more than one licence under this By-law for the same premises at
the same time shall only be required to pay the fee for the licence with the highest fee.
(5) A person holding a current and valid licence under this By-law who is issued a
further licence for the same premises shall only be required to pay the
administration portion of the fee plus any inspection fee for the further licence.
(6) Notwithstanding subsections (4) and (5), a person issued a Payday Loan Business
Licence under Schedule 11(16-053) or a Tobacco and Electronic Cigarette Retailer (17-056)
licence under Schedule 27 of this By-law shall be required, under all circumstances, to
the pay the fee for that licence.
6.(1) The applicant shall make a written application for a licence, and shall include in or with
the application:
(a) the particular class or classes of licence applied for;
(b) the full name, home address and telephone number of the applicant;
(c) any other information as may be required for the kind and class of licence by the
Schedules, or as may be required by the Director of Licensing to identify the
applicant, the business and its owner or operator, and the nature of the business
which the applicant proposes to license, including any premises or vehicle, cycle or
cart to be used;
(d) where the application is for renewal of a licence, the applicant shall either supply
completed and executed certifications on the form provided to the effect that there
is no change to the information as supplied in the previous application and previous
records of conviction required under this By-law, or shall provide either a new
application or a written and signed list of the changes in the required information
from the previous application, as may be requested by the Director of Licensing;
and
(e)
applicants shall supply with the application, the following information:
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(i)
an applicant for a licence under
Schedule 1
Adult Entertainment Establishments
Schedule 2
Auctioneers
Schedule 3
Bed and Breakfasts, Hotels and Motels
Schedule 4
Body Rub Parlours
Schedule 5
Pawnbrokers (17-129)
Schedule 6
Food Service Vehicles
Schedule 9
Lodging Houses
Schedule 10
Salvage Businesses (17-130)
Schedule 11
Payday Loan Businesses (16-053)
Schedule 12
Pedlars
Schedule 14
Tree Cutting Services (19-175)
Schedule 16
Public Garages - Classes A, B1, B2
and B3 only
Schedule 20
Residential Care Facilities
Schedule 22
Second-Hand Goods, Jewellery and
Precious Metals Businesses (17-128)
Schedule 24
Personal Transportation Providers (17-013)
Schedule 25
Taxicabs - Cab Broker only
Schedule 29
Trades
Schedule 30
Transient Traders
Schedule 32
Short Term Rentals (23-005)
shall submit, as part of their application for a licence:
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a.
the applicant's original criminal record, provided that if no
original criminal record exists, the applicant shall submit instead
original certification from the police that no such record exists;
and
b.
a
list
of
any
criminal
or
provincial
offences
in
all
jurisdictions for which the applicant has been convicted
and not pardoned and which do not appear on any original
criminal record submitted.
(ii)
an applicant for a licence under
Schedule 8
Limousines
Schedule 25
Taxicabs - Taxicab Driver and
Taxicab Owner only
Schedule 28
Tow Trucks
shall submit, as part of their application for a licence:
a.
the
applicant's
original
criminal
and
driving
records
provided that if no original criminal record exists, the
applicant shall submit instead original certification from the
police that no such record exists; and
b.
a list of any criminal, provincial or driving offences in
all
jurisdictions
for
which
the
applicant
has
been
convicted and not pardoned and which do not appear
on any original criminal or driving record submitted.
(iii)
a licensee under
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Schedule 8
Limousines
Schedule 25
Taxicabs - Taxicab Driver and
Taxicab Owner only
shall submit, as part of their application to renew a licence:
a.
the applicant's original driving record; and
b.
a list of any driving offences in all jurisdictions for which the applicant
has been convicted and not pardoned and which do not appear on any
original driving record submitted.
(iv)
a licensee seeking to renew a licence for the classes set out in subparagraph
(i) or (ii) above, where a change of information has been noted in the criminal,
provincial or driving record as applicable, shall upon request of the Director of
Licensing submit the records and information required by subparagraph (i) or
(ii) as applicable, with the application for renewal.
(2) The application and required materials shall be delivered in person by the applicant to
the Director of Licensing, together with the applicable fees.
(3) Where the applicant for a licence application is a partnership, the application shall
include the names and addresses of all partners, and each partner shall supply the
information required under subparagraphs (1)(e)(i) and (ii).
(4) Where the applicant for a licence is a corporation, the application shall include the
names and addresses for all directors and officers, and each director and officer of the
corporation shall supply the information required under subparagraphs 1(e)(i) and (ii).
(5) A criminal record, driving record or other document referred to in subparagraphs 1(e)
(i)or (ii) shall be dated not more than 36 days prior to the date on which the application
is filed with the Director of Licensing.
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(6) (a) Every person who is a licence holder under this By-law shall ensure that they
renew the licence before it expires.
(b) In the event a licence holder fails to renew their licence before it expires, they
may renew their licence no more than 60 days after it expires provided that they
pay, in addition to the applicable licence fee, the applicable late payment fee.
(c)
No licence shall be renewed more than 60 days after it expires.
(7) Where any premises or part thereof are to be used for a purpose requiring authorization
by licence, the applicant shall ensure the application includes an accurate and complete
description of such premises or of the part to be authorized to be so used, including the
address and telephone number of the location, and shall make a separate application
for each separate premises to be licensed.
(8) Where a motor vehicle is to be used for a purpose requiring authorization by licence,
the applicant shall ensure the application includes a sufficient description of such
vehicle, including the make, the model, the licence plate number, and the vehicle
identification number, and shall make a separate application for each vehicle to be
licensed.
7.(1) In this section, "licence" means a licence for a business of the following classes, which
is not a renewal or transfer of a current and valid licence under this By-law: a flea market
under Schedule 6, a lodging house under Schedule 9, any class of garage under
Schedule 16, a public hall, bingo parlour, roller skating rink, billiard parlour or pool room
under Schedule 17, a residential care facility under Schedule 20, or an eating
establishment under Schedule 21.
(2) Every person seeking a licence for the proposed business, shall submit a plot plan in a
form satisfactory to the Director of Licensing, together with the fees and documents
required for a zoning verification certificate, and submit the zoning verification certificate
obtained as part of the application.
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8.(1) The applicable licence fee for each class or type of licence shall be the fee prescribed
for each Schedule in the User Fees and Charges By-law for such type or class of licence
or application, and shall be considered an annual fee unless this By-law specifies
otherwise.
(2) Subject to subsection (4), applicants and licensees shall pay the fees prescribed for the
application and licence applied for, and their licence when issued shall expire one year
later, on the anniversary of the date of issuance, unless the applicable Schedule or this
By-law provides for a shorter term.
(3) Where a licence is renewed, before, on or after its date of expiry, the date of
issuance as shown on the renewed licence shall be the date of expiry of the
expired licence.
(4) Where a licence has been issued or renewed subject to the fulfillment of a condition
imposed by the Director of Licensing or the Licensing Tribunal, and the applicant or
licensee has failed to fulfil such condition within the time specified, the applicant or
licensee shall pay an additional fee of $100.00 before the licence may be continued.
(5) In spite of the expiry date determined under subsection (2), a licence shall expire:
(a) when the licence is revoked or suspended under this By-law;
(b) where the licensee ceases to be the owner or operator as defined in paragraph
4(1)(a);
(c) where the licence is issued to an individual, on the date of death of the individual,
provided that a taxicab owner's licence issued under Schedule 25 shall expire in
accordance with section 47 of that Schedule;
(d) where the licence is issued to a partnership or corporation, on the date of
dissolution of the partnership or corporation;
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(e) where any federal, provincial or municipal licence, including a permit, an
approval, a registration or any other type of permission, required for the licensee
to carry on or engage in their business has been revoked, suspended or has
expired without renewal; or
(f)
where the licensee has been prohibited from carrying on or engaging in their
business under federal, provincial or municipal authority including under
authority of a court order.
(6) Refunds of paid licence fees may be made, in the following amounts and circumstances:
(a) Where the applicant prior to processing the licence under section 11 withdraws an
application for a licence, a refund of the licence fee may be made to the applicant;
(b) Subject to paragraph (e), where an application for a licence is withdrawn by the
applicant after processing the licence under section 11 and before issuance, a
refund of the licence fee may be made to the applicant;
(c) Subject to paragraph (e), where a licence or renewal of a licence is refused or
denied, a refund of the licence fee may be made to the applicant;
(d) Where a licence is revoked, a refund may be made of the proportionate amount of
the unexpired portion of the term of the licence; and
(e) In the case of an application for a licence other than a renewal, the processing fee
as set out in the User Fees and Charges By-law is non-refundable, in the event the
application is withdrawn or the licence is not issued, and for the sake of clarity in
this subsection, "renewal" means renewal by the current licensee of the previous
year's licence without change.
(7) The licensee, or the licensee's legal representative where the licensee has died, shall
return the licence certificate, plate, sticker or photo identification to the Director of
Licensing:
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(a)
where a licence that has expired under paragraph (5)(a), unless the
licence certificate has been returned to the City at the earlier
request of the Director of Licensing, within seven days of the date of
approval of the suspension or revocation by Council;
(b)
where a licence that has expired without renewal under subsection (2) or
expired under paragraphs (5)(b), (c), (d) or (e), within seven days of the date
of the expiry; or
(c)
where
the
business
licensed
under
this
By-law
ceases
to
operate, within seven days of the date it ceases to operate.
9.
Fees shall be paid by the licensee for replacement of:
(a) a licence certificate,
(b) photo identification, and
(c) a licence plate,
in accordance with the User Fees and Charges By-law.
10.
Where the City provides any form or other document to a person that requires the
insertion of information, the form or document whether or not containing the inserted
information in whole or in part, shall be and remain the property of the City.
ISSUANCE of LICENCES
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11.(1) The Director of Licensing upon receipt of a proper, completed application and payment
of fees for a licence under this By-law shall circulate the application to such City or
provincial departments or agencies as the Director of Licensing deems necessary or as
directed by Council, including but not limited to the Fire Department, Hamilton Police
Services, the Planning and Economic Development Department, Public Health Services
and the Public Works Department.
(2) Departments or agencies to which the application is provided under subsection (1)
shall review obtainable information and provide the Director of Licensing with
comments or compliance reports on whether the information indicates non-
compliance with an applicable law which the department or agency enforces and
which applies to the proposed business, and where an inspection is made, shall
provide the Director of Licensing with a report on any non-compliance found as a
result of that inspection.
(3) Where, under this By-law an applicant or licensee is to be tested, the City department
responsible for the testing shall conduct the test or provide an opportunity for taking
the test, and provide the Director of Licensing with the test results.
(4) Applicants and licensees, as a condition of obtaining or continuing to hold a licence,
shall permit inspections or inquiries by representatives of the departments or
agencies circulated under subsection (1) as may be reasonably requested, and shall
undertake the tests referred to in subsection (3).
(5) Fees which are required to be paid for the making of an inspection or the conducting
of a test under subsections (3) and (4) as prescribed in the User Fees and Charges
By-law may be collected by the Director of Licensing before a licence is issued or
renewed.
(6) The Director of Licensing may send notice of the comments or other response from the
departments or agencies received under this section to the applicant or licensee.
12.(1) The Director of Licensing shall refuse to issue a licence or may recommend the
suspension or revocation of a licence when:
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(a)
in the case of a refusal:
(i)
a policy under section 15 requires a refusal;
(ii)
any federal, provincial or municipal licence, including a permit, an
approval, a registration or any other type of permission, required for the
applicant to carry on or engage in their business has not been issued
or has been suspended, revoked or has expired; or
(iii)
the applicant has been prohibited from carrying on or engaging in their
business under federal, provincial or municipal authority including under
authority of a court order;
(b)
in the case of a recommendation:
(i)
the licensee has not actively carried on the business for which the
licence was obtained within a reasonable period of time following the
issuance or renewal of the licence; or
(ii)
a policy under section 15 becomes applicable and would require a
refusal or the issuance of a conditional licence if the licensee were
applying for a licence; or
(c)
in the case of refusal or a recommendation, the applicant or the licensee:
(i)
has not met any of the requirements under this By-law including the
applicable Schedule or any conditions on the licence;
(ii)
has provided information in an application or by other means that is
false or misleading;
(iii)
has not paid any fee to be paid under this By-law including the
applicable Schedule;
(iv)
has not paid any fine or court awarded costs resulting from a legal
proceeding related to this By-law or the applicable Schedule;
(v)
has not complied with any prohibition or other court order resulting from
any legal proceeding related to this By-law or the applicable Schedule;
or
(vi)
in the opinion of the Director of Licensing:
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1.
the operation of the applicant's or licensee's business would put
the public safety at risk;
2.
the operation of the applicant's or licensee's business is not or
will not be carried on in compliance with the law; or
3.
the conduct of the applicant or licensee (in the case of
partnership, the conduct of its partners, employees or agents or
in the case of a corporation, the conduct of its officers, directors,
employees or agents) affords reasonable grounds for belief that
the applicant or licensee will not carry on or engage in the
business in accordance with the law or with honesty or integrity.
(2) The Director of Licensing may issue a licence:
(a)
upon conditions specified as required by a policy under section 15 when
paragraphs 12(1)(a) and 12(1)(c) do not apply; or
(b)
when paragraphs 12(1)(a), 12(1)(c) and 12(2)(a) do not apply.
License on Terms and Conditions
12a(1)20-180 Nothwithstanding any other provision of this By-law, the Director may impose
terms and condition as they believe reasonable in the circumstances on any licence
at issuance, at renewal, or at any time during the licence period, which may include,
but are not limited to conditions stipulating: the hours of operation; the maximum
number of persons permitted to attend at the premises; the conduct of outdoor patio
operations other than those set out in this By-law; payment of outstanding fines; or
that the licensee shall have employees in attendance at the premises during hours
of operation to ensure compliance with this By-law and the conditions on the licence.
(2) It shall be a condition of every licence that the licensee shall comply with all
provisions of this By-law, other by-laws and all provincial and federal legislation, as
applicable.
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(3) The licensee shall:
(a) ensure compliance with this By-law by every other person involved in carrying out
the business
(b) at all times maintain and keep clean, safe, in good condition and repair the place
or premises for which a licence has been issued under this By-law;
(c) not cause, tolerate or permit shouting, noise or disturbance on, in or in connection
with the place or premises for which a licence was issued, which is unnecessary,
unreasonable or contrary to any by-law prohibiting the same, and if such shouting,
noise or other disturbance occurs, the licensee shall at once take immediate steps
to cause the shouting, noise or disturbance to be abated;
(d) not cause, tolerate or permit any profane, offensive or abusive language in
connection with any place or premises for which the licence was issued;
(e) not cause, tolerate or permit any obstruction on any highway, sidewalk, lane or
public place in front of or adjoining the place or premises for which the license was
issued, unless approved by the Director; and
(f) not cause, tolerate or permit any expansion(s) or addition(s) in connection with the
place or premises for which a licence was issued without first obtaining the approval
of the Director.
(4) Before the Director imposes any further conditions on a licence, the applicant or
licensee shall be advised orally which additional conditions the Director proposes to add
to the licence and they shall be given an opportunity to respond orally. The director may
then immediately impose additional conditions on the licence subsequent to which the
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Director shall provide written notice to the applicant or the licensee advising:
(a) the grounds for the conditions;
(b) the reasonable particulars of the conditions; and
(c) that the applicant or licensee is entitled to a hearing before a Hearing Officer
(5) Where an applicant or licensee is dissatisfied with any condition imposed by the
Director, the applicant or licensee may request a review by the Hearing Officer in
accordance with this section 12a and in accordance with the procedures and fees
outlined in the City of Hamilton's Administrative Penalties By-law, with necessary
modifications.
(a) A person may appeal the Director's conditions by submitting a written request to
the Director no later than fifteen (15) days after the date on which the Director's
decision is given to them. A person may not request that a Hearing Officer extend
the time to appeal after the fifteen (15) days, at which time the Director's decision
is final and not subject to review.
(b) The person shall be given no fewer than fifteen (15) days' notice of the date, time
and place of the hearing of the review request under this subsection.
(c) The Hearing Officer shall not make a determination with respect to a review
request under this By-law unless the Hearing Officer has given each of the
applicant or licensee and the Director an opportunity to be heard.
(d) The Hearing Officer shall give the written decision to the applicant or licensee at
the conclusion of the hearing and may remove the conditions, affirm the Director's
conditions or impose different conditions that the Hearing Officer sees fit as a
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condition of obtaining, continuing to hold or renewing the licence.
(e) If the applicant or licensee is dissatisfied with the final decision of the Hearing
Officer, the licence shall be deemed revoked or failed to be issued pursuant to
section 13 and the applicant or licensee shall be entitled to a hearing before the
Licensing Tribunal, pursuant to section 14.
(f) A request by an applicant or licensee for a hearing shall be made in writing,
accompanied by the applicable fee and delivered to the Secretary within 30 days
of the date contained in the written decision of the Hearing Officer. The applicant
or licensee shall also include the grounds for their request.
13.(1)(a) When the Director of Licensing refuses to issue a licence, the Director of
Licensing shall send a dated notice of refusal to the applicant and the Secretary which
includes the grounds upon which the licence is being refused.
(b)
An applicant who receives a notice of refusal is entitled to request a hearing
before the Licensing Tribunal.
(c)
A request by an applicant for a hearing shall be made in writing, accompanied
by the applicable fee and delivered to the Secretary within 30 days of the date
contained in the notice of refusal. The applicant shall also include the grounds for
their request.
(2)(a)
When the Director of Licensing has recommended the suspension or
revocation of a licence, the Director of Licensing shall send a dated recommendation
to suspend or revoke to the licensee and the Secretary which includes the grounds
upon with the recommendation is being made.
(b)
A licensee who receives recommendation to suspend or revoke is entitled to
a hearing before the Licensing Tribunal.
14.(1) Where a request for a hearing meeting the requirements of paragraph 13(1)(c) or a
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recommendation to suspend or revoke has been delivered to the Secretary under
paragraph 13(2)(a), a hearing shall be scheduled before the Licensing Tribunal and
notice of the hearing date shall be given to the parties.
(2) The parties to a hearing to refuse a licence are the applicant and the City and to a
hearing to suspend or revoke a licence are the licensee and the City.
(3) A notice of hearing shall include:
(a)
a statement of the time, date and purpose of the hearing; and
(b)
a statement that if the applicant or licence holder does not attend the hearing,
the Licensing Tribunal may proceed in their absence without notice to them.
(4) A notice of refusal or a notice of hearing may be delivered personally to a person
apparently in charge of a licensed premises, vehicle, cart or cycle or by sending it by
prepaid registered mail to the last known address of the applicant or licensee on file
with the City. Delivery by registered mail shall be deemed to have taken place five
business days after the date of mailing.
15.(1) The Director of Licensing shall use and apply the policies, where applicable, to the
decision to deny or approve licences with or without conditions, or to recommend
revocation or suspension of licences, which policies are attached as Appendices "A"
and "B" to these General Provisions.
(2) Director of Licensing may, at a hearing, recommend that a licence be refused,
suspended or revoked or the imposition of conditions.
16.(1) The Licensing Tribunal shall hold a hearing at the time, date and place set out in a
notice of hearing.
(2) A hearing shall be commenced by the Licensing Tribunal on or before 60 days from
the date of delivery of a notice of hearing subject to a decision of the Licensing Tribunal
to extend the time for commencing a hearing.
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17.(1) Upon holding an appeal from a refusal to issue a licence or a hearing to suspend or
revoke a licence, the Licensing Tribunal may:
(a)
uphold the refusal to issue the licence;
(b)
suspend or revoke the licence; or
(c)
attach conditions to the licence.
(2)
Conditions attached to a licence may include but are not limited to requiring the
applicant or licensee:
(a)
comply with by-laws or other laws and provide proof of such
compliance;
(b)
pay a fine or other court awarded costs resulting from a legal
proceeding related to this By-law or the applicable Schedule and to
provide proof of such payment;
(c)
comply with a prohibition or other court order resulting from a legal
proceeding related to this By-law or the applicable Schedule and to
provide proof of such compliance;
(d)
change the hours of operation of their business;
(e)
take or re-take a test required under this By-law;
(f)
supply additional information on criminal, provincial or driving
convictions or periodic updates of such convictions or both;
(g)
supply information to verify evidence given at their hearing; or
(h)
ensure that the persons carrying on their business do so in accordance
with the law or with honesty and integrity.
(3) The Licensing Tribunal shall have regard to the following matters where relevant, as
may be raised at a hearing:
(a)
this By-law and other applicable law;
(b)
circumstances and facts raised by the evidence of the parties;
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(d)
if the business puts or could put public safety at risk; and
(e)
if the business is or will be carried on in compliance with the law, and
whether the conduct of the person (in the case of a partnership, the
conduct of its partners, employees or agents or in the case of a
corporation, the conduct of its officers, directors, employees or agents)
affords reasonable grounds for belief that the person will not carry on
or engage in the business in accordance with the law or with honesty
or integrity.
(4) The Licensing Tribunal's decision in respect of refusing, suspending, revoking or
attaching conditions to a licence is final.
18.(1) After the Licensing Tribunal has made a decision in respect of a hearing, notice of
that decision shall be sent to the applicant or licensee by personal delivery or by
registered mail to the last known address of the applicant or licensee on file with the City.
(2) Where the decision of the Licensing Tribunal is:
(a)
to issue a licence or conditional licence, the Director of Licensing shall
issue the licence or the conditional licence, on the terms directed by the
Licensing Tribunal; or
(b)
to refuse or revoke a licence, any further hearing with respect to that
licence shall be not considered for one year from the date of the
Licensing Tribunal's decision.
18a20-180 (1) Notwithstanding the above, a licence issued under the authority of this By-law
may be temporarily suspended upon such grounds and in accordance with such
procedural provisions as are set out in this section 18a.
(2) Temporary suspensions of a licence may be for a maximum period of fourteen
(14) days. If the violation has been corrected to the satisfaction of the Director prior
to the expiry of the suspension, the licence may be reinstated.
(3) Temporary suspensions may be initiated by the Director in any situation that has
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resulted, or may reasonably be expected to result, in a danger to health or safety of
persons or property, and without limiting the generality of the foregoing, these
situations may include:
(a) where the licensee (which includes, for the purposes of this By-law, any of
its owners, operators, officers, directors, employees, sub-contractors, agents
or representatives) has breached any law including any City by-law;
(b) where the licensee has done anything that is in any way adverse to the
public interest;
(c) where a motor vehicle is deemed to be mechanically unsafe, including but
not limited to body damage with sharp edges, holes in the floor boards,
unserviceable tires, doors not closing properly, wire protruding from the seat
or any other mechanical defect that would render the motor vehicle unsafe;
(d) where an inspection has been performed on a motor vehicle for transfer of
a licence and the licensee fails to effect the transfer, the licence shall be
suspended should the operator carry on business with the replacement
vehicle;
(e) where a leasing agreement has expired and the lessee has failed to renew
it, the licence may be suspended if the licensee continues to work while the
licensing agreement is expired, and the licensee does not have the authority
to remain on the premises;
(f) where a licensee's liability insurance has expired and he or she continues
to carry on business for which the licence was issues, the licence shall be
suspended; or
(g) any other situation or circumstance that constitutes, in the discretion of the
Director, a danger to health or safety.
(4) Prior to suspending a licence, the Director shall provide the licensee with the
reasons for the suspension either orally or in writing and an opportunity to respond to
them.
(5) The Licensing Tribunal will be advised on a quarterly basis of all suspension
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actions initiated summarily.
(6) The suspension of a licence pursuant to this section is lifted after the expiration of
two (2) weeks from the date of suspension or at the discretion of the Director any time
prior to the expiration.
(7) Where a licence has been suspended or revoked, no person shall refuse to deliver
the licence to the Director or shall in any way prevent or hinder the Director from
receiving or taking the licence.
(8) No licensee shall operate or carry on the business for which the licence was issued
while the licence is under suspension.
GENERAL and OFFENCES
19.(1) Every licence certificate shall be in such form as may from time to time be authorized
by the Director of Licensing and shall show on its face:
(a) the kind or class or classes of licence issued;
(b) the date of expiry;
(c) whenever the licence authorizes the use of any premises or part or parts thereof
for the purpose of the licensed business, identification of such premises or part or
parts; and
(d) wherever the licence authorizes the use of a vehicle, cycle or cart, identification of
the vehicle, cycle or cart.
(2) Licence certificates may show conditions imposed on the licence.
(3) No licence certificate shall be valid until it is shown on the face of the certificate that the
amount of the licence fee has been paid.
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(4) The signature of the Director of Licensing shall be affixed to each issued licence
certificate, and a mechanical reproduction of the signature may be affixed in place of
the original.
(5) On behalf of the City Clerk, the Director of Licensing may sign a statement as to the
licensing or non-licensing of any premises or person under this By-law as provided for
under subsection 447.6(4) of the Municipal Act, 2001.
20.
Every licence certificate, licence plate, identification card, form or document, shall be
delivered forthwith to the City upon written or oral request of the Director of Licensing or
a licence inspector acting upon his or her direction.
21.(1) Every licence is personal to the holder thereof, and no licence is transferable
without the consent in writing of the Director of Licensing or Council.
(2) No licence is transferable unless a transfer is specifically provided for in the applicable
Schedule.
(3) No licence authorizes the use of any premises or part thereof, or of any vehicle, cycle
or cart, except that identified on the licence certificate or record of application.
22.(1) Where a licence authorizes the use of any premises or part thereof, for any purpose for
which a licence is required under this By-law, the current licensee shall:
(a) post up the licence certificate; and
(b) keep the licence certificate posted up, in a position where it may readily be seen
and read by persons entering the premises or part thereof.
(c) remove any licence certificate which is not current from any area which is
accessible to persons entering the premises.
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23.
The licensee shall be responsible that the premises authorized to be used for the
purposes of the licensed business are kept clean and orderly, and that every vehicle,
cycle or cart authorized to be used for the purpose of the licensed business is so used
only when in a clean and safe condition.
24.
Persons carrying on or engaged in the businesses for which licensing is provided under
this By-law, shall allow at any reasonable time, inspection of the places or premises
used in the carrying on of the business and equipment, vehicles and other personal
property used or kept for hire in connection with the carrying on of the business, by
persons authorized to enforce the provisions of this By-law.
25.
A licensee who is issued a licence on the condition that the Licensee provide further
criminal or driving records, shall supply the information required by subparagraphs
6(1)(e)(i)
and
(ii)
as
applicable,
on
the
intervals
required
by
the
conditions imposed on their licence.
25a
Every licence holder shall advise the Director of Licensing immediately in writing of any
change to the information required to be filed in respect of their licence under the
General Provisions or the Schedule under which their licence is issued.
26.(1) Every person engaging in or carrying on any business for which a licence is required by
the provisions of this By-law shall be responsible that all applicable law, including all the
provisions of this By-law and the applicable Schedule or Schedules regulating such
business, are complied with.
(2) Licensees shall comply with all applicable law, including all the provisions of this By-
law and the applicable Schedule or Schedules, and with conditions of their licences,
and no licensee shall cause or permit their employee, agent or other persons carrying
on or engaging in the business on their behalf, to fail to comply with all applicable law,
including the provisions of this By-law and the applicable Schedule or Schedules, and
with the conditions of their licences.
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(3)Compliance with all applicable law, including the provisions of this By-law and its
Schedules, and with the conditions of licences is a condition of an applicant or
licensee obtaining, continuing to hold or renewing a licence.
26a.
(1)A person assigned to enforce this By-law may enter on land at any reasonable
time for the purpose of carrying out an inspection to determine whether or not
the following are being complied with:
(a) this By-Law;
(b) a direction or order made under this By-Law;
(c) a condition of a licence issued under this By-Law; or
(d) an order made under s. 431 of the Municipal Act, 2001.
(2) A person assigned to enforce this By-law may, for the purposes of the inspection
under subsection (1):
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information in writing or otherwise as required by the person
assigned to enforce this By-law from any person concerning a matter related
to the inspection; or
(d) 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.
(2.1) Any cost incurred by the City in exercising its authority to inspect under
subsection (2), including but not limited to the cost of any examination, tests,
sampling or photographs necessary for the purposes of the inspection, shall
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be paid by the person who is licensed or required to be licensed under this
By-law to carry on the business being inspected.
(3) A person assigned to enforce this By-law may undertake an inspection pursuant
to an order issued by a provincial judge or justice of the peace under section
438 of the Municipal Act, 2001 where he or she has been prevented or is likely
to be prevented from carrying out an inspection under subsections (1) and (2).
(4) If a person assigned to enforce this By-law is satisfied that a contravention of
this By-Law has occurred, he or she may make an order requiring the person
who contravened the By-Law or who caused or permitted the contravention or
the owner or occupier of the property on which the contravention occurred to
discontinue the contravening activity.
(5) An order under subsection (4) shall set out:
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the property on which the contravention
occurred; and
(b) the date or dates by which there must be compliance with the order.
(6) If a person assigned to enforce this By-law is satisfied that a contravention of
this By-law has occurred, he or she may make an order requiring the person
who contravened the By-law or who caused or permitted the contravention or
the owner or occupier of the property on which the contravention occurred to do
work to correct the contravention.
(7) An order under subsection (6) shall set out:
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of property on which the contravention
occurred;
(b) the work to be completed; and
(c) the date or dates by which the work must be complete.
(8) An order to discontinue contravening activity made under subsection (4) or an
order to do work made under subsection (6) may be served personally or by
registered mail to the last known address of:
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(a) the owner or occupier of the property where the contravention occurred; and
(b) such other persons affected by it as person assigned to enforce this By-law
making the order determines.
Service by registered mail shall be deemed to have taken place five business
days after the date of mailing.
(9) In addition to service given in accordance with subsection (8), an order to
discontinue contravening activity made under subsection (4) or an order to do
work made under subsection (6) may be served by a person assigned to enforce
this By-law by placing a placard containing the order in a conspicuous place on
the property where the contravention occurred.
(10) Where service cannot be given in accordance with subsection (8), sufficient
service is deemed to have taken place when given in accordance with
subsection (9).
(11) Where a person does not comply with a direction or a requirement, including an
order, under this By-Law to do a matter or thing, the Director of Licensing, with
such assistance by others as may be required, may carry out such direction or
requirement at the person's expense.
(12) The City may recover the costs of doing a matter or thing under subsection (11)
by action or by adding the costs to the tax roll and collecting them in the same
manner as property taxes and such costs shall include an interest rate of 15 per
cent commencing on the day the City incurs the costs and ending on the day
the costs, including the interest, are paid in full.
(13) The Director of Licensing is authorized to give immediate effect to any direction
or requirement where the costs of carrying out the direction or requirement do
not exceed $10,000 and, where the costs do exceed $10,000, as the City's
Council may authorize.
26b. Pursuant to Section 431 of the Municipal Act, 2001, when a person has been
convicted of an offence under this By-Law, any court of competent jurisdiction may,
in addition to any other penalty or other remedy imposed, make an order prohibiting
the continuation or repetition of the offence.
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27.(1) Every person who contravenes Schedules 1 or 4 and every director or officer of a
corporation who concurs in such contravention by the corporation is guilty of an
offence and upon conviction liable to a fine not exceeding $25,000 or to imprisonment
for a term not exceeding one year, or to both.
(2) Every person, including every person who fails to comply with an order made under
section 26a., who contravenes this By-law, except Schedules 1 or 4, and every
director or officer of a corporation who concurs in such contravention by the
corporation is guilty of an offence and upon conviction liable to a fine not exceeding
$25,000.
(3) Where a corporation is convicted of an offence under subsection (1) or (2), the
maximum penalty that may be imposed on the corporation is $50,000 and not as
provided in those subsections.
(4) Every person who contravenes any provision of this bylaw is guilty of an offence and
upon conviction is liable to a fine as provided for by the Provincial Offences Act,
R.S.O. 1990, Chapter P.33, as amended. (23-005)
28.(1) A notice given or required to be given to an applicant or licensee under this By-law, may
be sent by facsimile, regular mail or registered mail to a number or address supplied by
the applicant or licensee, or delivered personally to the applicant or licensee, or to a
person in charge of the premises, vehicle, cart or cycle licensed or required to be
licensed under this By-law.
(2) Notwithstanding any other section of this By-law, a notice of refusal to issue, or a notice
of revocation or suspension of a licence is effective upon personal delivery to a person
in charge of the business premises, vehicle, cart or cycle licensed.
SEVERABILITY AND SAVING
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29.
If a court of competent jurisdiction declares a part or the whole of any provision of this
By-law to be invalid or of no force and effect, the provision or part is deemed severable
from this By-law, and it is the intention of Council that the remainder survive and be
applied and enforced in accordance with its terms to the extent possible under the law.
SCHEDULES
30.
The following Schedules form part of this By-law:
Schedule 1
Adult Entertainment Establishments
Schedule 2
Auctioneers
Schedule 3
Bed and Breakfasts, Hotels and Motels
Schedule 4
Body Rub Parlours
Schedule 5
Pawnbrokers (17-129)
Schedule 6
Food Service Vehicles
Schedule 7
Kennels and Pet Shops(17-069)
Schedule 8
Limousines
Schedule 9
Lodging Houses
Schedule 10
Salvage Businesses (17-130)
Schedule 11
Payday Loan Businesses (16-053)
Schedule 12
Pedlars
Schedule 13
Personal Aesthetic Services
Schedule 14
Tree Cutting Services (19-175)
Schedule 15
Personal Wellness Services
Establishments
Schedule 16
Public Garages
Schedule 17
Public Halls and Places of Amusement
Schedule 18
(Reserved)(17-055)
Schedule 19
(Reserved)
Schedule 20
Residential Care Facilities
Schedule 21
Food Premises
Schedule 22
Second-Hand Goods, Jewellery and
Precious Metals Businesses (17-128)
Schedule 23
Seasonal Produce Vendors
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Schedule 24
Personal Transportation Providers(17-013)
Schedule 25
Taxicabs
Schedule 26
Mobile Sign Leasing or Renting
Schedule 27
Tobacco and Electronic Cigarette
Retailers(17-056)
Schedule 28
Tow Trucks
Schedule 29
Trades
Schedule 30
Schedule 31
Transient Traders
Rental Housing Units (21-166)
Schedule 32
Short-Term Rentals
31.
City of Hamilton By-law No. 06-213 and all amendments thereto are repealed upon
the coming into force and effect of this by-law.
32.
City of Hamilton By-law No. 06-234 is repealed.
33. This by-law may be referred to as the "City of Hamilton Licensing Code". A reference
to the City of Hamilton Licensing Code in this or any other City of Hamilton By-Law is
deemed to be a reference to this By-Law.
34.
This by-law comes into force and effect on the date it is passed and enacted.
PASSED and ENACTED this day
of ,
MAYOR
CLERK
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APPENDIX "A"
Departmental Policy Standard Character and Driving Record Criteria
For Conditional Issuance and Refusal of Mobile Licence Applications or Renewals
Schedules 2 (Auctioneers), 8 (Limousines), 12 (Pedlars), 25 (Taxicabs-Taxicab
Driver and Taxicab Owner only), 28 (Tow Trucks) and 30 (Transient Traders)
A
Refuse licence if 2 or more criminal convictions within 2 years of the
application or renewal date
B
Refuse licence if 3 or more criminal convictions within 5 years of the
application or renewal date
C
Refuse licence if convicted of a criminal offence where the sentence
imposed was 5 years or longer
D
Issue conditional licence for 1 year if convicted of 1 criminal conviction
within 5 years of application or renewal date.
E
Refuse licence if 1 Criminal Negligence or Impaired Driving convictions
within 1 year of the application or renewal date
F
Refuse licence if 2 Criminal Negligence or Impaired Driving convictions (or
1 of each) between 1 and 4 years old from application or renewal date
G
Issue conditional licence for 1 year, if Criminal Negligence or Impaired
Driving conviction, between 1 and 4 years old from application or renewal
date
H
Refuse licence if either 6 demerit points lost or 4 driving convictions within
1 year of application or renewal date
I
issue conditional licence for 6 months if 3 - 5 demerit points lost or 3 driving
convictions within 1 year of application or renewal date
A conditional licence issued as a result of a criminal record is for a 1 year period (licence
holder must submit an updated criminal abstract at 6 months and at 1 year).
A conditional licence issued as a result of a driving record is for a 6 month period (licence
holder must submit an updated driving record at the end of the 6 month period). At annual
licence renewal, an updated driving record is required for all mobile "driver" licence holders.
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Notwithstanding the policy, the Director of Licensing may refuse an application for a
licence above due to concerns of public safety being at risk. The licence applicant
shall be informed of this decision in writing. It is a licence applicants right to appeal
this decision to the Licensing Tribunal.
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APPENDIX "B"
Departmental Policy Standard Character and Driving Record
Criteria For Conditional Issuance and Refusal of
Establishment and Trade Licence Applications or Renewals
Schedules 1 (Adult Entertainment Establishments), 3 (Bed and Breakfasts,
Hotels and Motels), 4 (Body Rub Parlours), 5 (Pawnbrokers), 9 (Lodging
Houses), 10 (Salvage Businesses), 16 (Public Garages - Classes A, B1, B2 and
B3 only), 20 (Residential Care Facilities), 22 (Second-Hand Goods, Jewellery
and Precious Metals Businesses), 25 (Taxicabs - Cab Broker only), 29 (Trades)
(17-128)
A
Refuse licence if 2 or more criminal convictions within 2 years of the
application or renewal date
B
Refuse licence if 3 or more criminal convictions within 5 years of the
application or renewal date
C
Refuse licence if convicted of a criminal offence where the sentence
imposed was 5 years or longer
D
Issue conditional licence for 1 year if convicted of 1 criminal conviction
within last 5 years
A conditional licence issued as a result of a criminal record is for a 1 year period (licence
holder must submit an updated criminal abstract at 6 months and at 1 year).
Notwithstanding the policy, the Director of Licensing may refuse an application for a licence
above due to concerns of public safety being at risk. The licence applicant shall be informed
of this decision in writing. It is a licence applicants right to appeal this decision to the
Licensing Tribunal.
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SCHEDULE 1
ADULT ENTERTAINMENT ESTABLISHMENTS
PART I: DEFINITIONS
1. In this Schedule:
Adult Entertainment Establishment
"adult entertainment establishment" means any premises or part of a premises in
which are provided, in pursuance of a business, goods or services appealing to or
designed to appeal to erotic or sexual appetites or inclinations and includes an adult
services entertainment establishment, an adult film store and an adult film theatre;
Adult Services Entertainment Establishment
"adult services entertainment establishment" means any premises or part of a
premises in which adult services are provided by one or more individuals by means
of physical movements, verbal expressions, or other forms of behaviour;
"adult services" means services appealing to or designed to appeal to erotic or
sexual appetites or inclinations and includes but is not limited to:
(a)
services of which a principal feature or characteristic is the nudity, or partial
nudity of any person;
(b)
services in respect of which the word "nude", "naked", "topless", "bottomless",
"sexy" or any other word or any picture, symbol or representation having like
meaning or implication is used in any advertisement; or
(c)
activities, facilities, performances, dances, exhibitions, viewings and
encounters in an adult services entertainment establishment; but does not
include burlesque entertainment.(18-212)
"attendant" means any person who provides adult services in an adult services
entertainment establishment;
(18-212) "burlesque entertainment" means a type of variety show or performance, including
comic or musical sketches that may be both provocative and comedic, and that may
feature minimum consuming, sexually related dialog, witty remarks and dancing for
the purpose of entertainment, ridicule, satire and humor, rather than the sexual
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arousal of its audience.
"business owner" means a person who owns or occupies or has the right to own or
occupy, an adult services entertainment establishment and includes but is not limited
to a lessee of an adult services entertainment establishment or of the premises in
which the adult services entertainment establishment is located;
"main stage" means the primary area within an adult services entertainment
establishment upon which services are presented, and excludes areas for the seating
of customers;
"operator" means a person who operates, manages, supervises, controls or is
responsible for the business of an adult services entertainment establishment;
"to provide" when used in relation to adult services includes to furnish, perform,
solicit, or give such services and "providing" and "provision" have corresponding
meanings;
Adult Film Store and Adult Film Theatre
"adult film" means a film classified by the Ontario Film Review Board as "restricted"
and approved by the Ontario Film Review Board as an "adult sex film";
"adult film area" means the part of a Class B adult film store used for the provision
of adult films;
"adult film store" means a Class A adult film store or a Class B adult film store;
"adult film theatre" means premises for which a Class B Exhibitor licence has been
issued under the Film Classification Act, 2005 or its regulations;
"Class A adult film store" means:
(a)
premises for which a Class B Retailer licence has been issued under the Film
Classification Act, 2005 or its regulations;
(b)
premises where:
(i)
the number of adult films available from the premises exceeds 500; or
(ii)
the number of adult films available from the premises is more than 20%
of the films available from the premises which are not adult films; and
(c)
does not include a Class B adult film store;
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"Class B adult film store" means:
(a)
premises for which a Class B Retailer licence has been issued under the Film
Classification Act, 2005 or its regulations;
(b)
premises where:
(i)
the number of adult films available from the premises does not exceed
500; and
(ii)
the number of adult films available from the premises is not more than
20% of the films available from the premises which are not adult films;
and
(c)
does not include premises where the area displaying adult films is no more
than 5% or 9.3 m2, whichever is less, of the total area displaying films on the
premises;
"film" means a moving image, including an interactive moving image such as a video
game, that may be generated for viewing from any thing including but not limited to
video tapes, video discs, film or electronic files.
"to provide" when used in relation to adult films includes to sell, offer to sell or display
for sale, or rental, or sample gift, by retail or otherwise such adult films, and "providing"
and "provision" have corresponding meanings;
"specified body area" means any one or more of the following:
(a)
in the case of a female person, her areolas; and
(b)
in the case of all persons, the genitals and the anus; and
"specified sexual activity" means any one or more of the following: actual or
simulated sexual intercourse, masturbation, ejaculation, sodomy, bestiality, oral
sexual intercourse, direct physical stimulation of unclothed genital organs, or
flagellation or torture in the context of a sexual relationship or activity.
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PART II: LICENCES
Adult Entertainment Establishment
2.
No licence shall be issued to an applicant that is:
(a)
a corporation, if any one of the applicant's officers, directors or shareholders
is less than 18 years of age;
(b)
a partnership, if any one of the applicant's partners is less than 18 years of
age;
(c)
an individual, if the individual is less than 18 years of age.
Adult Services Entertainment Establishment
3.
No person shall carry on or in engage in the business of a business owner or operator
of, or an attendant in an adult services entertainment establishment without holding
a current, valid licence issued under this By-law.
4.
Only an individual may be issued an operator or an attendant licence.
5.
A separate business owner licence or operator licence shall be taken out in respect
of each adult services entertainment establishment.
6.(1)
Where a business owner does not personally operate their adult services entertainment
establishment, every person operating such establishment shall obtain a licence so to
do, but nothing herein relieves such a business owner from the requirement that they
obtain a licence as business owner of such establishment.
(2) A business owner who manages their own adult services entertainment establishment
shall notify the Director of Licensing of this at the time they obtain their licence so that
their licence may be endorsed accordingly and the business owner shall notify the
Director of Licensing to have the said endorsement amended before engaging any
operator to operate such establishment.
(3) An operator shall notify the Director of Licensing of the name of the business owner
whose adult services entertainment establishment they intend to operate at the time
they obtain their licence so that their licence may be endorsed accordingly and the
operator shall notify the Director of Licensing to have the said endorsement amended
before operating any other such establishment.
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(4) The Director of Licensing shall issue a photo identification card to each licensed
business owner, licensed operator and licensed attendant. The licence holder shall
be re-photographed every third year or sooner if required by the Director of Licensing.
7.(1)(a) No adult services entertainment establishment shall be located and no adult
services entertainment establishment licence shall be issued except for adult
services entertainment establishments in areas as permitted by subsections 7(2)
and 7(3).
(b) No more that two adult services entertainment establishment licences shall be
issued.
(2) (20-033) Council may consider a request to substitute a new location for an existing adult
services entertainment establishment location provided that any requested new location
shall be located entirely within the area shown on Map 1 attached to and forming part
of this Schedule.
(3) Despite subsection 7(2), the premises at the following municipal addresses licensed and in
actual use as a adult services entertainment establishment on May 25, 2011, are each
deemed to be a location where one adult services entertainment establishment is permitted
to operate and eligible to be licensed only for so long as the premises continues to be used
for such purposes, the business owner maintains their licence and the business carried on
therein is in compliance with this By-law and all other applicable law:
(a)
92 Barton Street East, Hamilton;
(b)
1038 Barton Street East, Hamilton.
(4)
No new business owner licence shall be issued for a location listed in subsection
7(3).
(5) When an adult services entertainment establishment business owner licence expires
and is not or cannot be renewed or such licence is otherwise surrendered or revoked,
then upon receipt of a complete application which otherwise complies with this By-
law, the Director of Licensing shall carry out a selection process for a licence as
follows:
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(a) the available business owner licence shall be advertised in the Hamilton
Spectator newspaper and on the City's website inviting the submission of
applications within a specified period of time;
(b) a draw shall be conducted from all of the submitted, complete applications which
otherwise comply with this By-law; and
(c) the winner of the draw may be issued a business owner licence for an existing
or new location provided that such existing or new location conforms to
subsection 7(2) and is approved by Council.
(6) No business owner shall have an interest, whether as a corporation, a partnership or
an individual, in more than one adult services entertainment establishment business
owner licence.
Adult Film Store and Adult Film Theatre
8.
No person shall carry on the business of an adult film store or an adult film theatre
without holding a current, valid licence issued under this By-law.
9.
A separate licence shall be taken out in respect of each adult film store and each
adult film theatre.
Class A Adult Film Store
10.(1)(a) No Class A adult film store shall be located and no Class A adult film store
licence shall be issued except for Class A adult film stores in areas as permitted
by subsections 10(2) and 10(3);
(b) no more that two Class A adult film store licences shall be issued.
(2) (20-033) Council may consider a request to substitute a new location for an existing Class A
adult film store location provided that any requested new location shall be located entirely
within the area shown on Map 1 attached to and forming part of this Schedule.
(3) Despite subsection 10(2), the premises at the following municipal addresses licensed and
in actual use as a Class A adult film store on May 25, 2011, are each deemed to be a
location where one Class A adult film store is permitted to operate and eligible to be licensed
only for so long as the premises continues to be used for such purposes, the licence holder
maintains their licence and the business carried on therein is in compliance with this By-
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law and all other applicable law:
(a)
8 Fennell Avenue West, Hamilton;
(b)
128 Parkdale Avenue North, Hamilton.
(4)
No new licence shall be issued for a location listed in subsection 10(3).
(5) When a Class A adult film store licence expires and is not or cannot be renewed or
such licence is otherwise surrendered or revoked, then upon receipt of a complete
application which otherwise complies with this By-law, the Director of Licensing shall
carry out a selection process for a licence as follows:
(a)
the available licence shall be advertised in the Hamilton Spectator newspaper
and on the City's website inviting the submission of applications within a
specified period of time;
(b)
a draw shall be conducted from all of the submitted, complete applications
which otherwise comply with this By-law; and
(c)
the winner of the draw may be issued a licence for an existing or new location
provided that such existing or new location conforms to subsection 10(2) and
is approved by Council.
(6) No licence shall be issued under subsection 10(5) to an applicant who has an interest,
whether as a corporation, a partnership or an individual, in a current and valid Class
A adult film store licence.
Adult Film Theatre
11.(1)(a) No adult film theatre shall be located and no adult film theatre licence shall be
issued except for adult film theatres in areas as permitted by subsections 11(2)
and 11(3);
(b) no more that two adult film theatre licences shall be issued.
(2) (20-033) Council may consider a request to substitute a new location for an existing adult
film theatre location provided that any requested new location shall be located entirely
within the area shown on Map 1 attached to and forming part of this Schedule.
(3) Despite subsection 11(2), the premises at 61 King Street East, Hamilton, in actual use
as an adult film theatre on May 25, 2011, is deemed to be a location where one adult
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film theatre is permitted to operate and eligible to be licensed only for so long as the
premises continues to be used for such purposes, the licence holder maintains their
licence and the business carried on therein is in compliance with this By-law and all
other applicable law.
(4) A licence may be issued for the location listed in subsection 11(3) only if:
(a)
an application is filed within 90 days of May 25, 2011; and
(b)
the application is complete and otherwise complies with this By-law with the
exception of subsection 11(5) of this Schedule which does not apply.
(5) When an adult film theatre licence has not been issued, expires and is not or cannot
be renewed or such licence is otherwise surrendered or revoked, then upon receipt
of a complete application which otherwise complies with this By-law, the Director of
Licensing shall carry out a selection process for a licence as follows:
(a)
the available licence shall be advertised in the Hamilton Spectator newspaper
and on the City's website inviting the submission of applications within a
specified period of time;
(b)
a draw shall be conducted from all of the submitted, complete applications
which otherwise comply with this By-law; and
(c)
the winner of the draw may be issued a licence for an existing or new location
provided that such existing or new location conforms to subsection 11(2) and
is approved by Council.
(6) No licence shall be issued under subsection 11(5) to an applicant who has an interest,
whether as a corporation, a partnership or an individual, in a current and valid adult
film theatre licence.
INFORMATION TO BE PROVIDED BY APPLICANT
Adult Entertainment Establishment
12.
On every application for a licence or for the renewal of a licence:
(a)
the applicant shall attend in person, and not by an agent, at the office of the
Director of Licensing to file the application provided by the Director of Licensing
and shall furnish such information as the Director of Licensing may direct;
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(b)
if the applicant is not an individual, the application shall be filed and updated
from time to time as this By-law requires by an individual duly authorized by
the applicant to sign such application on behalf of the applicant and to bind it,
and the individual filing such application shall certify the truth and
completeness of the information provided.
13.
When filing an application for a licence, in addition to complying with the General
Provisions of this By-law, an applicant shall file:
(a)
if the applicant is a corporation:
(i)
a current certified copy of the corporation profile report;
(ii)
a list containing the full name of each officer, director and shareholder,
the address of their ordinary residence, their telephone number and their
date of birth;
(iii)
the name or names under which the applicant intends to carry on in the
business; and
(iv)
the address of the corporation to which the Director of Licensing may
send or deliver any notice or other document required or authorized by
law;
(b)
if the applicant is a partnership:
(i)
a current certified copy of the limited partnerships report;
(ii)
the name or names under which the applicant intends to carry on in the
business; and
(iii) the address of the partnership to which the Director of Licensing may
send or deliver any notice or other document required or authorized by
law;
(c)
if the applicant is an individual:
(i)
the name of the individual, the address of their ordinary residence, their
telephone number and their date of birth; and
(ii)
the address of the individual to which the Director of Licensing may send
or deliver any notice or other document required or authorized by law.
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14.
When filing an application for a licence renewal, in addition to complying with the
General Provisions of By-law No. 07-170, an applicant shall, at the time of making an
application:
(a)
sign a form certifying that there are no changes to the information required to
be filed under the General Provisions of By-law No. 07-270 or this Schedule;
(b)
if the applicant is a corporation, file every third year a copy of the last
information return filed for the corporation and any changes or corrections to
the information it contains; and
(c)
if the licence is an adult services entertainment establishment business owner
licence, a Class A film store licence or an adult film theatre licence, file every
third year the information respecting the owner of the location as set out under
subsections 16(b) for an adult services entertainment business owner or under
subsections 18(b) and 18(c) for a Class A adult film store licence or for an adult
film theatre licence.
15.
Every licence holder shall advise the Director of Licensing immediately in writing of any
change to the information required to be filed in respect of their licence under the
General Provisions of By-law No. 07-170 or this By-law, provided that no licence holder
shall change or cause a change to be made to a floor plan without first obtaining the
approval of the Director of Licensing.
Adult Services Entertainment Establishment
16.
When filing an application for a licence, an applicant for an adult services
entertainment establishment shall file:
(a)
the municipal address of one location from which the business is to be carried
on and in respect of which a licence is sought;
(b)
the name and address of the owner of the location as registered under the
Land Titles Act or the Registry Act;
(c)
documentation demonstrating the applicant's right to possess or occupy the
location and if the applicant is not the owner of the location as registered under
the Land Titles Act or the Registry Act, the applicant shall file a copy of a lease
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or other document constituting or affecting their legal relationship with the
owner of the location; and
(d)
a detailed floor plan, drawn to scale and approved by the Director of Licensing
including but are not limited to depicting the location of one main stage and of
seating areas, offices, cloak rooms, disc jockey areas, kitchen facilities, bar
areas, dressing rooms, washrooms, storage areas and entrances/exits.
Adult Film Store and Adult Film Theatre
17.
When filing an application for a licence, an applicant for an adult film store or an adult
film theatre licence shall file a detailed floor plan, drawn to scale, of the adult film
store or the adult film theatre that has been approved by the Director of Licensing and
the details of such floor plan shall include but are not limited to depicting the location
of:
(a)
entrances/exits to the adult film store or adult film theatre;
(b)
for a Class B adult film store licence, entrances/exits to one adult film area;
and
(c)
for an adult film theatre licence, each lobby and each room where adult films
are exhibited.
Class A Adult Film Store and Adult Film Theatre
18.
When filing an application for a licence, an applicant for a Class A adult film store
licence or an adult theatre licence shall file:
(a)
the municipal address of one location from which the business is to be carried
on and in respect of which a licence is sought;
(b)
the name and address of the owner of the location as registered under the
Land Titles Act or the Registry Act; and
(c)
documentation demonstrating the applicant's right to possess or occupy the
location and if the applicant is not the owner of the location as registered under
the Land Titles Act or the Registry Act, the applicant shall file a copy of a lease
or other document constituting or affecting their legal relationship with the
owner of the location.
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EXPIRATION
Adult Entertainment Establishment
19.
No licence issued under this By-law is transferable.
20.
A licence issued under this By-law shall be deemed to have expired where:
(a)
by transfer of existing shares (including as a result of the death of a shareholder),
by an issue of new or existing shares, or by some other means, the controlling
interest in a corporation holding a licence is determined by the Director of
Licensing to have changed hands; or
(b)
one or more partner in a partnership holding a licence is determined by the
Director of Licensing to have ceased to be a partner (including as a result of
death) or the partnership is determined by the Director of Licensing to have
ceased to exist.
PART III: DUTIES OF LICENCE HOLDERS
Adult Entertainment Establishment
21.
Every licence holder shall:
(a)
produce their licence for inspection upon demand by a person assigned or
appointed by the Director of Licensing to enforce this By-law; and
(b)
be civil in all dealings with the customers and members of the public.
Adult Services Entertainment Establishment
22.
A business owner shall:
(a)
not permit any person other than a licensed operator to operate the adult
services entertainment establishment;
(b)
not permit any person other than a licensed adult services entertainment
establishment attendant to provide adult services in the adult services
entertainment establishment;
(c)
at all times when operating an adult services entertainment establishment,
carry on their person their photo identification card.
23.
An operator shall not operate an adult services entertainment establishment unless:
(a)
the business owner is licensed under this By-law;
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(b)
they first notify the Director of Licensing of the name of the business owner
whose adult services entertainment establishment they intend to operate;
(c)
they have the business owner's name endorsed on their licence; and
(d)
at all times when operating an adult services entertainment establishment,
they carry on their person their photo identification card.
24.
An adult services entertainment establishment business owner or operator shall:
Premises
(a)
post their licence in a conspicuous place in the adult services entertainment
establishment at all times;
(b)
post a copy of the approved floor plan at all public entrances/exits and in the
adult services entertainment establishment attendants' dressing rooms;
(c)
keep the premises in a clean and sanitary condition;
(d)
display no more than two signs on the exterior premises of the adult services
entertainment establishment that comply with paragraphs 24(d)(i) to (v)
inclusive:
(i)
the signs shall not exceed 0.3 m2 in area;
(ii)
the signs shall be illuminated only by a non-flashing indirect or interior
means;
(iii) one of the signs shall be located over the street door or in the lower front
window bearing only the words "Licensed Adult Entertainment
Establishment Licence - No. ____", complete with the licence number
inserted;
(iv) one of the signs shall have a depth of not more than 7.6 cm flat against
a wall or door, bearing only the following information:
a.
the business owner's name as shown on the licence;
b.
the name, if any, under which the business owner carries on
business as endorsed on their licence;
c.
the address of the adult services entertainment establishment;
d.
the telephone number of the adult services entertainment
establishment;
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(v)
the signs shall not include any other letters, marks, painting, contrasting
colours, symbol, logo, or any mark whatsoever;
(e)
except as otherwise provided in this section, not advertise or use advertising
devices or permit any person to advertise or use advertising devices inside or
outside the premises, including but not limited to any printed matter, oral or
other communication or thing posted or distributed for the purpose of
promoting their adult services entertainment establishment or the adult
services provided therein;
(f)
not carry on or permit the carrying on of the business unless the licensed
business owner or a licensed operator is present at the adult services
entertainment establishment;
(g)
except where otherwise provided in this By-law, close or cause to be closed
the adult services entertainment establishment at 2:00 a.m. and remain closed
until 8:00 a.m. every day when the adult services entertainment establishment
is open;
(h)
post a sign in the adult services entertainment establishment attendants'
dressing rooms, at all public entrances/exits and in the washrooms that:
(i)
includes the following statements:
-
physical contact with the attendants is prohibited; and
-
sexually transmitted infections can be passed on through
unprotected sexual contact; and
(ii)
can be easily read by any person approaching;
Adult Services
(i)
retain the photo identification card of each adult services entertainment
establishment attendant in their possession during the term of employment of
the attendant and keep it in a secure place in the adult services entertainment
establishment where it may be produced for inspection as required;
(j)
return each adult services entertainment establishment attendant's photo
identification card to the attendant upon the termination of their employment;
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(k)
not permit any person, other than a licensed adult services entertainment
establishment attendant, to provide an adult service in the adult services
entertainment establishment;
(l)
not permit an adult services entertainment establishment attendant, while
providing adult services, to have physical contact with another person's body,
or another person to have physical contact with an attendant;
(m)
ensure that all adult services provided by an adult services entertainment
establishment attendant are clearly visible from the main stage, without
obstruction or obscuration by any thing, including but not limited to walls,
curtains, glass, enclosures, structures, fog, or inadequate lighting; and
(n)
ensure that no adult services are visible from the exterior of the
premises.
25.
An adult services entertainment establishment attendant shall not:
(a)
provide any adult services unless their photo identification card is kept in a
secure place in the adult services entertainment establishment where it may
be produced for inspection as required;
(b)
provide any adult services unless the business owner or the operator is
licensed as business owner or operator of the adult services entertainment
establishment;
(c)
during the provision of adult services, have physical contact with another
person's body, or permit another person to have physical contact with their
body;
(d)
provide adult services which are not clearly visible from the main stage, without
obstruction or obscuration by any thing, including but not limited to walls,
curtains, glass, enclosures, structures, fog, or inadequate lighting;
(e)
provide any adult services that are visible from the exterior of the premises.
Adult Film Store
26.
An adult film store licence holder shall:
(a)
post their licence in a conspicuous place in the adult film store at all times;
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(b)
keep the premises in a clean and sanitary condition;
(c)
not use exterior signs or advertisements for the adult film store which use a
pictorial representation of a specified body area or a specified sexual activity;
(d)
advertise and carry on the business only under the name in which the licence
is issued, or such other name as provided to the Director of Licensing and
endorsed on the licence; and
(e)
not permit the viewing of adult films on the premises.
Class A Adult Film Store
27.
In addition to complying with section 26, a Class A adult film store licence holder
shall:
(a)
not permit any person under the age of 18 years to enter or remain in such
Class A adult film store;
(b)
not permit any employee under the age of 18 years to work in such Class A
adult film store;
(c)
post and keep posted at every public entrance/exit to the Class A adult film
store, and in a prominent location inside such Class A adult film store, signs
sufficient to indicate clearly to any person approaching the Class A adult film
store, and to every person in the Class A adult film store, that no person under
the age of 18 years is permitted to enter or remain in such Class A adult film
store or any part of it; and
(d)
display adult films or adult film packaging which reveals a specified body area
or a specified sexual activity so that they may not be viewed by any member
of the public outside the premises;
Class B Adult Film Store
28.
In addition to complying with section 26, a Class B adult film store licence holder
shall:
(a)
display adult films only in an adult film area;
(b)
not permit any person under the age of 18 years to enter or remain in the adult
film area;
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(c)
not permit any employee under the age of 18 years to work in the adult film
area;
(d)
post at every public entrance/exit to the adult film area signs sufficient to
indicate clearly to any person approaching the adult film area that no person
under the age of 18 years is permitted to enter or remain in such adult film
area;
(e)
display adult films or adult film packaging which reveals a specified body area
or a specified sexual activity so that they may not be viewed by any member
of the public outside the adult film area;
(f)
ensure that adult films or adult film packaging which reveals a specified body
area or a specified sexual activity while being transported from the adult film
area to the cashier, if located outside the adult film area, are enclosed in an
opaque bag or other container so that they are not visible; and
(g)
inform any employees of the Class B adult film store of the boundaries of the
adult film area and the requirement that persons under the age of 18 years
not be allowed to enter or remain in the designated area.
Adult Film Theatre
29.
An adult film theatre licence holder shall:
(a)
post their licence in a conspicuous place in the adult film theatre at all times;
(b)
keep the premises in a clean and sanitary condition;
(c)
not use exterior or interior signs or advertisements for the adult film theatre
which use a pictorial representation of a specified body area or a specified
sexual activity;
(d)
advertise and carry on the business only under the name in which the licence
is issued, or such other name as provided to the Director of Licensing and
endorsed on the licence;
(e)
not permit any person under the age of 18 years to enter or remain in such
adult film theatre;
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(f)
not permit any employee under the age of 18 years to work in such adult film
theatre;
(g)
post and keep posted at every public entrance/exit to the adult film theatre,
and in a prominent location inside such adult film theatre, signs sufficient to
indicate clearly to any person approaching the adult film theatre, and to every
person in the adult film theatre, that no person under the age of 18 years is
permitted to enter or remain in such adult film theatre or any part of it;
(h)
ensure that every room where adult films are exhibited:
(i)
contains seating for not less than 50 individuals; and
(ii)
has direct access to a lobby; and
(i)
ensure that the door to a room under subsection 29(h) is not equipped with a
locking device of any kind, or with anything else which could delay anyone
from obtaining access to the room.
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SCHEDULE 2 (17-054)
AUCTIONEERS
DEFINITIONS
1.
In this Schedule:
"auctioneer" means any person who sells or offers for sale by auction goods; and,
"auction" means a publicly held sale where goods, are sold to the highest bidder.
APPLICATION OF THE SCHEDULE
2.
This Schedule does not apply to:
(a)
a person conducting an auction on behalf of a service club or similar
organization to raise money for charitable purposes;
(b)
a sheriff or court bailiff acting under a court procedure;
(c)
a municipality conducting an auction under the tax sale provisions of the
Municipal Act, 2001;
(d)
a person registered under the Real Estate and Business Brokers Act, who is
selling real estate by public auction; or,
(e)
a person licensed under the Livestock Community Sales Act, who is
conducting a community livestock sale.
GENERAL PROHIBITIONS
3.
No person shall act as or hold himself or herself out to be an auctioneer or shall
engage in the business of an auctioneer unless he or she holds a current and valid
auctioneer licence under this Schedule.
4.
No owner of land shall permit an auction to be held on their land unless the auctioneer
holds a current and valid auctioneer licence under this Schedule.
REQUIREMENTS
5.
Every auctioneer shall;
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(a)
prominently display their licence at the place of each auction;
(b)
include their name and licence number in all public advertisements pertaining
to an auction; and,
(c)
maintain and keep proper books of accounts for all transactions including;
(i) the names and addresses of the owners of the goods auctioned;
(ii) the names and addresses of the purchasers of any goods;
(iii) a description of the goods to be auctioned;
(iv) the prices at which the goods were sold; and,
(v) the dates of payment and amounts paid to the owners for the goods
sold, or the dates of return of unsold goods to the owners.
6.
(1)
All books of accounts, not including the names and addresses of the owners
of the goods auctioned or the names and addresses of the purchasers of any
goods, kept by an auctioneer shall be open at all times during reasonable hours
to inspection by an enforcement agency.
(2)
An auctioneer shall disclose the names and addresses of the owners of the
goods auctioned or the names and addresses of the purchasers of any goods
to an enforcement agency upon the enforcement agency making a request in
writing and such request shall indicate that it is being made to aid an
investigation undertaken with a view to a law enforcement proceeding or from
which a law enforcement proceeding is likely to result.
7.
At the conclusion of an auction, every auctioneer shall;
(a)
account for the proceeds and pay them to the person entitled to them, less
proper commissions and charges; and,
(b)
return the goods to the person entitled to receive them, provided that nothing
contained in this Schedule shall in any way affect or invalidate the claim of any
auctioneer for goods warehoused by them, and on which they have made
advances.
8.
No auctioneer shall;
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(a)
permit any disorder in the place of the auction;
(b)
conduct or permit to be conducted any mock auction;
(c)
make or permit to be made any misrepresentation as to the nature, content,
quantity, or value of any goods which may be offered for sale by them;
(d)
give away articles or sell articles for nominal amounts for the purpose of
stimulating bidding;
(e)
do any act that may confuse a purchaser as to the amount to be paid for any
goods;
(f)
by deceit stimulate or raise bids or cause the stimulation or raising of bids; or,
(g)
sell or put up by auction, any goods on a reserve-bid basis without having
announced clearly to those in attendance at the auction the fact of such
reserve bid.
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SCHEDULE 3
BED AND BREAKFASTS, HOTELS AND MOTELS
INTERPRETATION
1.
In this Schedule:
"bed and breakfast, hotel or motel" means a premises where one or more
bedrooms are offered to members of the public who may pay for the use of a bedroom
on any basis for 7 days or less and includes an inn but does not include a lodging
house;
"complaint record" means a record of each complaint received by a bed and
breakfast, hotel or motel from a guest; and,
"guest" means a member of the public who pays for a bed and breakfast, hotel or
motel bedroom;
GENERAL
2.
The Director of Licensing is authorized to prescribe the format and content of any
forms or other documents required under this Schedule.
LICENCE REQUIRED
3.
No person shall operate a bed and breakfast, hotel or motel without a licence.
4.
When submitting an application for a licence, an applicant for a licence under this
Schedule shall:
(a)
submit a detailed premises plan, drawn to scale, of the bed and breakfast,
hotel or motel that has been approved by the Director of Licensing and the
details of such premises plan shall include but are not limited to depicting the
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location, as applicable, of all buildings or other structures, parking areas and
walkways on the property where the bed and breakfast, hotel or motel is
located and all entrances/exits, beds, dining areas and entertainment areas in
the bed and breakfast, hotel or motel;
(b)
upon first applying for a licence and every third year thereafter upon applying
for a licence renewal, submit to the Director of Licensing a certificate from the
Electrical Safety Authority that the bed and breakfast, hotel or motel complies
with the Ontario Electrical Safety Code;
(c)
submit a certificate from the Fire Department that the bed and breakfast, hotel
or motel complies with the applicable fire safety standards; and,
(d)
submit a certificate of compliance under the Property Standards By-law. (15-232)
5.
No licence holder under this Schedule shall change or cause a change to be made
to a premises plan without first obtaining the approval of the Director of Licensing.
DUTIES OF OPERATOR
6.
Every person operating a bed and breakfast, hotel or motel shall:
(a)
when four or more bedrooms are offered to members of the public, ensure that
either the operator or an employee who is responsible for the operation of the
bed and breakfast, hotel or motel is present and available at the bed and
breakfast, hotel or motel at all times;
(b)
post in a conspicuous place in the bed and breakfast, hotel or motel:
(i)
a current licence for the bed and breakfast, hotel or motel;
(ii)
a notice stating the name of the operator or the employee who is
present and available at the bed and breakfast, hotel or motel as
required under subsection 6(a) and the telephone number where such
operator or employee can be contacted immediately;
(c)
keep a register in a form satisfactory to the Director of Licensing that includes:
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(i)
the name and usual place of residence of each guest;
(ii)
which bedroom the guest has paid to use;
(iii)
the date and time the guest checks in; and,
(iv)
the date and time the guest checks out;
(d)
ensure that the register under subsection 6(c) is:
(i)
easily readable;
(ii)
not altered or deleted once completed;
(iii)
kept for a minimum of one year; and,
(iv)
made available to the Director of Licensing upon request;
(e)
ensure that each guest bedroom, at the entrance to the guest bedroom from
the outside of a building or from a common hallway or stairway inside a
building, is provided with a door and a lock which is of a type that can be:
(i)
secured by a guest when they are inside or outside of the bedroom;
and,
(ii)
opened from the outside by the operator or an employee only when the
guest is not inside the bedroom or when the guest is inside the bedroom
but chooses not to secure it against entry from the operator or an
employee;
(f)
keep a complaint record for each complaint in a form satisfactory to the
Director of Licensing that includes:
(i)
the date and time the complaint is received;
(ii)
the complainant's name and telephone number, if provided;
(iii)
the complaint reviewer's name;
(iv)
the details of the complaint;
(v)
the action taken in response to the complaint; and,
(vi)
the date and time the complainant is notified of the action taken;
(g)
ensure that a complaint record under subsection 6(f) is:
(i)
easily readable;
(ii)
not altered or deleted once completed;
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(iii)
kept for a minimum of one year; and,
(iv)
made available to the Director of Licensing upon request;
(h)
report any complaint concerning the safety of an individual immediately to the
Director of Licensing;
(i)
be responsible for keeping the bed and breakfast, hotel or motel clean and
orderly and maintained in all respects suitable for the purpose for which it is
used, and for keeping the bed and breakfast, hotel or motel adequately lighted
and ventilated; and,
(j)
ensure the bed and breakfast, hotel or motel meets all requirements of the
Building Code Act, 1992 and its regulations, the Fire Protection and Prevention
Act, 1997 and its regulations, the Health Protection and Promotion Act and its
regulations and any applicable by-law.
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SCHEDULE 4
BODY-RUB PARLOURS
PART I: DEFINITIONS
1.
In this Schedule,
(a) "body-rub":
(i)
means the kneading, manipulating, rubbing, massaging, touching, or
stimulating, by any means, of a person's body or part of a person's body
appealing to or designed to appeal to erotic or sexual appetites or inclinations
including but not limited to such kneading, manipulating, rubbing, massaging,
touching or stimulating advertised by any means as "sensual", "sexy" or by
any other word or any depiction having like meaning or implication; and
(ii)
does not include a body-rub performed for the purpose of medical or
therapeutic treatment provided by a person otherwise duly qualified, licensed
or registered so to do under the laws of the Province of Ontario;
(b) "body-rub parlour" includes any premises or part thereof where a body-rub is
performed, offered or solicited in pursuance of a trade, calling, business or occupation,
but does not include any premises or part thereof where the body-rubs performed are
for the purpose of medical or therapeutic treatment and are performed or offered by
persons otherwise duly qualified, licensed or registered so to do under the laws of the
Province of Ontario, or a personal aesthetic services as defined in Schedule 13;
(c) "body-rubber" means a person required to obtain a licence under paragraph 2 (1)(b)
of this Schedule;
(d) "operator" when used in reference to a body-rub parlour, refers to any person who
alone or with others, operates, manages, supervises, runs or controls a body-rub
parlour, and "operate", "operation" and other words of like import or intent shall be given
a corresponding meaning;
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(e) "owner" when used in reference to a body-rub parlour means a person who alone or
with others has the right to possess or occupy a body-rub parlour or actually does
possess or occupy a body-rub parlour, and includes a lessee of a body-rub parlour or
premises upon which a body-rub parlour is located; and
(f) "person authorized by the city" means an inspector appointed under this By-
law, an inspector appointed under any by-law of the City, a public health inspector and
the Medical Officer of Health.
PART II: LICENCES
2.(1) A licence authorizing such person to carry on the trade, calling, business or
occupation shall be taken out by:
(a)
every person who owns or operates a body-rub parlour; and
(b)
every person, other than a person licensed pursuant to subsection (a), who
performs, offers or solicits a body-rub in, at, or upon a body-rub parlour.
(2) No person shall own or operate a body-rub parlour or carry on or engage in the business
of a body-rub parlour without a licence.
3.(1) (a) No body-rub establishment shall be located and no body-rub establishment licence shall
be issued except for body-rub establishments in areas as permitted by subsections (2) and
(3); and
(b) no more than two body-rub establishment licences shall be issued.
(2) (20-033) Council may consider a request to substitute a new location for an existing
body-rub parlour location provided that any requested new location shall be located
entirely within the area shown on Map 1 attached to and forming part of this Schedule.
(3) Despite subsection 3(2), the premises at the following municipal addresses licensed
and in actual use as a body-rub parlour on April 14, 2010, are each deemed to be a
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location where one body-rub parlour is permitted to operate and eligible to be licensed
only for so long as the premises continues to be used for such purposes, the business
owner maintains their licence and the business carried on therein is in compliance
with this By-law and all other applicable law:
(a)
893 King Street East, Hamilton;
(b)
549 Kenilworth Avenue North, Hamilton.
(4) No new business owner licence shall be issued for a location listed in subsection 3(3).
(5) When a body-rub parlour business owner licence expires and is not or cannot be
renewed or such licence is otherwise surrendered or revoked, then upon receipt of a
complete application which otherwise complies with this By-law, the Director of
Licensing shall carry out a selection process for a licence as follows:
(a)
the available business owner licence shall be advertised in the Hamilton
Spectator newspaper and on the City's website inviting the submission of
applications within a specified period of time;
(b)
a draw shall be conducted from all of the submitted, complete applications
which otherwise comply with this By-law; and
(c)
the winner of the draw may be issued a business owner licence for an
existing or new location provided that such existing or new location
conforms to subsection 3(2) and is approved by Council.
(6) No business owner shall have an interest, whether as a corporation, a partnership or
an individual, in more than one body-rub parlour business owner licence.
4.(1) On every application for an owner's, operator's or body-rubber's licence or for the renewal
thereof, the applicant shall attend in person and not by an agent at the office of the Director
of Licensing and shall complete the application form provided by the Director of Licensing
and shall furnish such information as the Director of Licensing may direct.
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(2) The Director of Licensing shall issue a photo identification card to each licensed body rub
attendant and body rub operator. The licensee shall be re-photographed if required so to
do by the Director of Licensing.
(3) Every applicant for an owner's licence shall, at the time of making an application, file a list
showing the names of all operators and body-rubbers employed by or performing the
services in the body-rub parlour and all such persons intended or expected by the applicant
to be employed or to perform services in the body-rub parlour.
(4) On every application for an owner's, operator's or body-rubber's licence by an individual or
by a corporation, the applicant shall state the following:
(a) if the applicant is an individual, his or her date of birth; or
(b) if the applicant is a corporation, the date of birth of every shareholder or other person
having a beneficial interest of any kind in the shares of the corporate appellant or in any
of the corporations referred to in section 5 of this Schedule.
(5) Every applicant referred to in subsection (5), and every shareholder, partner or other person
referred to in this section or in sections 5, 6 or 7 of this Schedule, shall file or produce proof
of his or her age, if required to do so by the Director of Licensing and no such licence shall
be issued unless the Director of Licensing is satisfied that every such person is of the full
age of eighteen years.
5.(1) Every corporation applying for an owner's or operator's licence shall file at the time of its
application, a copy of its letters of incorporation or other incorporating document, duly
certified by the proper government official or department, together with a Return in a form
supplied by the city which Return shall contain a list of all of the shareholders of the
corporation.
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(2) Where the shares in a corporation applying for an owner's or operator's licence are held in
whole or in part by another corporation, the corporation so applying shall file with the
Director of Licensing a Return in lieu thereof in a form supplied by the Director of Licensing
which Return shall contain a list of all of its shareholders, and if such Return discloses that
the shares in such other corporation are in turn held in whole or in part by a third corporation
then the said applicant shall also file such a Return in respect of such third corporation
listing its shareholders, and so on until the names of all living persons are shown and
identified as the shareholders of any and all corporations having an interest, direct or
indirect, in the shares of the applicant corporation.
(3) All Returns required by subsection (2) shall be filed at the same time as the filing of the
application for the licence.
(4) Every owner or operator which is a corporation shall, in every year on or before the time at
which it applies for the renewal of its licence, file with the city an Annual Return in a form
supplied by the Director of Licensing.
(5) Where a corporation is the holder of an owner's or operator's licence or licences, the
corporation shall forthwith notify the Director of Licensing in writing of all transfers of existing
shares and of the issue of any existing or new shares of the capital stock of the corporation,
and of any such transaction involving the shares of any corporation referred to in subsection
(2), and the Director of Licensing may, notwithstanding any other provision of this By-law,
in his or her discretion, determine whether the licence or licences shall be revoked.
(6) Where, by a transfer of existing shares, or by an issue of new or existing shares, the
controlling interest in a corporation holding one or more owner's or operator's licences is
determined by the Director of Licensing to have changed hands, such licence or licences
shall, notwithstanding any other provision of this By-law, be terminated forthwith, and the
Director of Licensing may issue a new licence or new licences upon payment of the
prescribed fee.
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(7) Where the shares of a corporate owner or operator are held in whole or in part by another
corporation, such owner or operator shall file with the Director of Licensing at the same time
as the owner or operator an Annual Return as provided in subsection (4), and if the shares
in such other corporation are in turn held in whole or in part by a third corporation, then such
owner or operator shall likewise file such an Annual Return in respect of such third
corporation and so on until the names of all living persons are shown and identified as the
shareholders of any and all corporations having an interest, direct, or indirect, in the
corporate owner or operator.
(8) For the purpose of this section, "shareholder" and any words referring to the holding of
shares includes all persons having a beneficial interest of any kind in the shares of the
corporation.
6.(1) Persons associated in a partnership applying for an owner's or operator's licence
shall file with its application to the city a certification in writing signed by all the
members of the partnership, which certification shall state the following:
(a) the full name of every partner and the address of his or her ordinary residence;
(b) the name or names under which they carry on or intend to carry on business;
(c) that the persons therein named are the only members of the partnership; and
(d) the mailing address for the partnership.
(2) If any member of a partnership applying for a licence is a corporation, such corporation
shall, for the purposes of section 5 of this Schedule, be deemed to be a corporation applying
for an owner's or operator's licence and if such licence is issued to the partnership such
corporation shall, for the purposes of the said section, be deemed to be a corporation which
holds an owner's or operator's licence.
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(3) Every member of a partnership shall advise the Director of Licensing immediately in writing
of any change in the membership of the partnership and of any other change in any of the
particulars relating to the partnership or its business which are required to be filed, and the
Director of Licensing may, notwithstanding any other provision of this by-law, in his or her
discretion, determine whether the licence or licences shall be revoked or terminated and
whether or not a new licence should issue to the partnership as presently constituted.
7.(1) Every person applying for an owner's, operator's or body-rubber's licence who carried on or
intends to carry on his or her business in or relating to a body-rub parlour under a name or
designation other than his or her own name or under his or her own name with the addition
of the expression "and company" or some other expression indicating a plurality of
members in the firm, shall, at the time of applying for a licence, file a certification, which
shall state the following:
(a) the applicant's full name and the address of the applicant's ordinary residence;
(b) any name or designation under which the applicant carries on or intends to carry on
business, and the date when the name or designation was first used by the applicant;
(c) that no other person is associated with the applicant in partnership;
(d) the date of the applicant's birth; and
(e) the mailing address for the applicant's business.
(2) A person to whom this section applies shall notify the Director of Licensing immediately of
any change in any of the particulars required to be filed under subsection (1).
8.(1) Every owner, operator or body-rubber applying for a licence must use his or her own legal
name in making such application and subject to subsection (2) no such licence shall be
issued to any person in any name other than his or her own legal name.
(2) Every owner, operator or body-rubber intending to use a name or designation other than
his or her own may, at the time of the issue of his or her licence, or at the time at which he
or she files notice of intention to use such name or designation, have endorsed on his or
her licence such name or designation.
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(3) No owner, operator or body-rubber shall carry on business under any name or designation
other than his or her own unless he or she has filed notice of his or her intention to use such
name or designation and no person shall use any name or designation in respect of a
body-rub parlour or of any trade, calling, business or occupation carried on therein without
first notifying the Director of Licensing of such name or designation intended to be used
and having such name endorsed upon his or her licence in accordance with subsection (2).
9.(1) No body-rub parlour may open for business or operate or be operated unless its owner is
licensed as such under this By-law.
(2)
(a) Every person applying for an owner's licence shall file with the Director of Licensing
documentation demonstrating the applicant's right to possess or occupy the premises
used as a body-rub parlour, and if such person is not the registered owner or owners
in fee simple of the property upon which the body-rub parlour is located, such person
shall file at the same time a copy of any lease, and of any other document constituting
or affecting the legal relationship between the applicant and the registered owner or
owners in fee simple of the real property.
(b) For the purpose of this section, "registered owner" means the owner as registered
pursuant to the Land Titles Act or the Registry Act as the case may be.
(3) A Separate owner's licence shall be taken out in respect of each body-rub parlour.
(4) Where an owner does not personally operate his or her body-rub parlour, every person
operating such body-rub parlour shall obtain a licence so to do, but nothing herein relieves
such an owner from the requirement that he or she obtain a licence as owner of such
body-rub parlour.
(5) An owner or operator, subject to the provisions of this by-law, if his or her licence as an
owner or operator is so endorsed, may perform body-rubs in the body-rub parlour of
which-he or she is the owner or operator.
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(6) An owner who operates his or her own body-rub parlour shall notify the Director of Licensing
of this fact at the time he or she obtains his or her licence and the licence may be endorsed
accordingly upon payment of the appropriate licence fee, and the applicant shall notify the
Director of Licensing and have the said endorsement amended before engaging any
operator to operate the body-rub parlour.
10.(1) No owner of a body-rub parlour or premises shall-permit any person other than a licensed
operator to operate such body-rub parlour.
(2) No owner or operator shall permit any body-rub to be performed, offered, or solicited in the
pursuance of a trade, calling, business or occupation, upon or at a body-rub parlour or
pursuant to the operation by a body-rub parlour, by any person other than a licensed body-
rubber or other person licensed or authorized under this by-law.
(3) No owner shall permit any person, other than him or himself, an employee of such owner
or a person with whom that owner has contracted to operate the body-rub parlour or to
perform, offer or solicit body-rubs in the body-rub parlour.
(4) No body-rubber or other person shall perform, offer or solicit body-rubs in any body-rub
parlour unless the owner or operator of the body-rub parlour are licensed under this by-law.
(5) No operator not being the owner of a body-rub parlour shall operate the said parlour unless
the owner of the body-rub parlour is licensed as owner under this by-law.
(6) No operator may operate a body-rub parlour unless he or she first notifies the Director of
Licensing of the name of the owner whose body-rub parlour he or she intends to operate
and has endorsed upon his or her licence the said owner's name, and every operator before
operating any other body-rub parlour shall notify the Director of Licensing of his or her
intention so to do and have his or her licence endorsed accordingly.
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11.
A copy of every written contract of service, contract for services or other document
constituting or pertaining to the relationship between owner and operator of a body-rub
parlour or between owner or operator and a body-rubber performing services in a body-rub
parlour, shall be filed with the Director of Licensing and the original of any such document
shall be delivered to or made available for inspection at any time by the Director of
Licensing, upon request, and shall be retained by the owner or operator for a period of six
months after its termination.
12.(1) Repealed 2006.
(2) Every owner who operates his or her own body-rub parlour and every operator shall, during
the term of his or her employment of a body-rubber or of a body-rubber's services, retain
such body-rubber's licence in his or her possession, and shall post up the licence in a
conspicuous place in the body-rub parlour and keep it so posted throughout the term of
employment or of the contract for services.
(3) Every owner or operator referred to in subsection (1) who employs a body-rubber or the
services of a body-rubber shall, within forty-eight hours, notify the Issuer of
Licences in writing that he or she has so employed the body-rubber or the services of the
body-rubber, and when such employment ceases it shall be the joint responsibility of the
owner or operator and the body-rubber to notify the Director of Licensing in writing to such
effect within forty-eight hours of the cessation of employment or of the contract for services.
(4) No body-rubber shall perform any body-rubs or other services in a body-rub parlour unless
his or her licence is posted up in compliance with subsection (2) and unless he or she has
notified the Director of Licensing that he or she is performing services in the body-rub
parlour.
(5) Every owner and operator of a body-rub parlour shall ensure that every body-rubber
performing services in a body-rub parlour owned or operated by him notifies the Director of
Licensing before such services commence, or so soon thereafter as is reasonably possible,
and shall return the body-rubber's licence to the body-rubber upon the termination of his or
her employment.
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13.
Every owner, operator or body-rubber who changes his or her address shall, within two
days after such change, attend at the office of the Director of Licensing and notify the
Director of Licensing of such change of address and produce his or her licence for the
change to be entered thereon.
14.(1) No owner's licence shall be transferred, and if an owner sells, leases or otherwise disposes
of the body-rub parlour or the premises or part thereof upon or in which a body-rub parlour
is operated, to any person, the licence in respect of such body-rub parlour or premises shall
be terminated forthwith.
(2) Subject to subsection (4) hereof, the Director of Licensing may in his or her discretion issue
an owner's licence to the purchaser, lessee or other person obtaining an interest in a
body-rub parlour or the premises or part thereof upon or in which a body-rub parlour has
been operated, subject also to the following conditions:
(a) That the new applicant qualify under all of the other provisions of this Schedule, and
that the applicant comply with all of the requirements of this Schedule relating to an
owner;
(b) That the new applicant file with the Director of Licensing the documents relating to
ownership and to his or her right to possess or occupy the body-rub parlour, as required
by subsection 9(2) of this Schedule;
(c) That the new applicant and the vendor file with the Director of Licensing a notarized
copy of a written agreement between the parties containing all the details of the
dealings between the parties in respect of such body-rub parlour or premises;
(d) That the agreement contain a certification, in a form supplied by the Director of
Licensing by both the parties and a further certification by the solicitor for the purchaser
in a form supplied by the Director of Licensing.
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(3) Notwithstanding subsections (1) and (2) hereof and any other provision of this Schedule,
the Director of Licensing may in his or her discretion refuse to issue a licence or licences to
a purchaser, lessee or other person obtaining an interest in a body-rub parlour in a
transaction under this section when the Director of Licensing is of the opinion that it is not
in the public interest, as determined by the City that such new licence or licences should be
issued, and the City shall, upon demand from any party to the transaction, deliver written
reasons for such decision.
(4) Upon the sale, lease or other disposition of a body-rub parlour, every operator's licence
issued in respect of such body-rub parlour shall be terminated forthwith, and the Director of
Licensing may, subject to the provisions of this Schedule, permit the purchaser, lessee or
other person obtaining an interest in such body-rub parlour to operate the body-rub parlour
by an endorsement to that effect upon an owner's licence issued to such person or may
issue a new operator's licence to any person previously licensed as an operator in respect
of the body-rub parlour.
15.(1) Every owner, operator or body-rubber, while engaged in his or her respective trade, calling,
business or occupation in a body-rub parlour shall carry at all times on his or her person a
plastic numbered identification card issued by the Director of Licensing which shall remain
the property of the City and remain in force and effect for the duration of the licence.
(2) The
identification
card
shall
contain
a
photograph
of
the
owner,
operator or body-rubber and such other information as the City requires for identification
purposes.
(3) No owner, operator or body-rubber in any manner whatsoever directly or indirectly shall use
the identification card for any purpose when such owner, operator or body-rubber is off the
premises of the body-rub parlour.
PART III:
REGULATIONS
16.(1) No premises in which a body-rub parlour is located shall be constructed or equipped so as
to hinder or prevent the enforcement of this by-law.
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(2) No owner, operator or body-rubber shall perform or provide any service or services or
permit the performing or providing of any service or services in any body-rub parlour which
is constructed or equipped in contravention of subsection (1).
17.
No premises or part thereof used as a body-rub parlour shall be used as a dwelling or for
sleeping purposes.
18.(1) Every body-rub or other service performed in a body-rub parlour shall be given in an
individual room or cubicle, but no owner or operator shall permit the door to any room or
cubicle where body-rubs are or may be provided, to be equipped or constructed with a
locking device of any kind, or with any other device or structure which could delay or hinder
anyone from entering or obtaining access to such a room or cubicle or which is obstructed
in any way whatsoever.
(2) No person in a body-rub parlour shall perform a body-rub or provide any other service in a
room, cubicle or other enclosure with a door or other means of access which is equipped
or constructed with a locking device of any kind or which is equipped or constructed in such
a way as to permit the obstruction, hindrance or delay of any person attempting to gain
entry thereto or which is obstructed in any way whatsoever.
19.(1) Every
owner
who
operates
a
body-rub
parlour
business
and
every
operator shall keep proper records and books of account of all business transacted in, by
or in respect of the body-rub parlour, which books shall give the amount of gross receipts
for all services performed or provided in the said body-rub parlour, the name and address
of the person upon whom the body-rub or other service is performed, the name and licence
number of every body-rubber or other person performing services in the said body-rub
parlour, including the date of commencement and the date of termination of such services,
the amount of salary or commission paid to each body-rubber and all amounts paid by the
owner to the operator, if any, or by the operator to the owner, in respect of such body-rub
parlour or body-rub parlour business.
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(2) Every owner to whom subsection (1) relates and every operator shall keep such books and
records as are required by that subsection for at least one year after the information
required by that subsection is entered therein, and the Director of Licensing or any person
duly authorized by him or her shall at all times have access to such records.
(3) Immediately before any services are provided in a body-rub parlour the body-rubber or
person who is to provide the services shall give to the customer an itemized bill for such
services, listing the services to be provided and the price to be paid for each.
(4) Upon payment of the bill referred to in subsection (3), the customer shall be given a written
serially numbered receipt for the full amount paid and containing the full name and address
of the customer and the licence number of the body-rubber.
(5) Every owner operating a body-rub parlour and every operator of a body-rub parlour shall
ensure that the bill and receipt required by subsections (3) and (4) are provided to every
customer of the body-rub parlour and shall retain and keep a copy of each such bill and
receipt for at least one year after the services referred to therein are performed, and the
Director of Licensing or any person authorized by him or her shall at all times have access
to such copies.
20.
Every owner who operates his or her own body-rub parlour and every operator of a
body-rub parlour shall comply with, and ensure compliance with, the following regulations:
(a)
the premises shall be provided with adequate light and ventilation;
(b)
the premises and all fixtures and equipment therein shall be regularly
washed and kept in a sanitary condition;
(c)
the premises shall be equipped with an effective utility sink;
(d)
adequate toilet and washroom accommodation shall be provided, and there
shall be separate such rooms for males and females, and no body-rubs or other
services may be provided in any washroom or in any room containing a toilet;
(e)
washrooms shall be equipped with:
(i)
an adequate supply of hot and cold water;
(ii)
an adequate supply of liquid soap in a suitable container or
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dispenser;
(iii)
hot air dryers or individual clean towels for the use of each person using the
washing facilities; and
(iv)
a suitable receptacle for used towels and waste material;
(f)
no washroom, toilet, sink or basin used for domestic purposes shall be used in
connection with a body-rub parlour;
(g)
adequate shower-bath rooms shall be provided, and in such rooms, and in all
sauna-bath rooms, if any;
(i)
the floors shall be disinfected at least once a week with a suitable disinfecting
solution;
(ii)
all services and attached accessories of the bath or shower enclosure must
be self-draining;
(iii)
all showers must have removable cleanable drain covers; and
(iv)
floor surfaces both within and without the enclosure shall be of a non-slip
type;
(h)
if bathtubs or whirlpool baths are provided on the premises,
(i)
a grab-bar or other convenient support shall be provided unless the walls of
the tub or whirlpool bath enclosure are twenty-four inches in height or higher;
(ii)
the bottom of the tub or whirlpool bath enclosure shall be of a non-slip type;
and
(iii)
the water serving all bathtubs, showers and hand basins used by patrons
shall not have a temperature exceeding 48.89 degrees Celsius and shall be
controlled by a device that regulates the temperature, and patrons shall not
have access to this device;
(i)
a total volume air change of ten times per hour shall be provided for all tub, shower
or bath rooms;
(j)
common foot baths shall not be provided on the premises;
(k)
duckboards or cocoa matting shall not be used in the shower, bath or steam room
and only liquid or powdered soap shall be used in the shower room;
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(l)
a notice shall be posted advising all patrons that a cleansing shower or bath must
be taken by every person immediately prior to any body-rub being performed upon
that person;
(m)
every person immediately after taking a shower shall be provided with a
fresh, clean, individual pair of paper slippers;
(n)
every table, mat or other surface upon which persons lie or sit while being given or
provided with a body-rub shall be clean and in good repair, and shall have a top
surface of impervious material;
(o)
every table, mat or other surface referred to in paragraph (n), before any person
receives a body-rub thereon, shall be covered with a fresh, clean individual paper or
cloth sheet;
(p)
every sheet or towel, immediately after being used by any person, shall be deposited
in a receptacle reserved for that purpose and shall not be utilized again for any
purpose before being freshly laundered; and
(q)
all massage or body-rub appliances and any other article or device applied to a
customer's body for or in connection with body-rubs shall be cleansed and
disinfected after each individual use with a suitable disinfecting solution and no such
appliance, article or device shall be used or available for use in a body-rub parlour
unless it is so constructed as to be readily capable of being so cleansed or
disinfected.
21.(1) No owner, operator or body-rubber shall perform or permit to be performed a body-rub in
any body-rub parlour by or upon any person whom he or she has reasonable cause to
suspect has been exposed to or is suffering from any communicable disease including any
communicable skin disease.
(2) Every owner operating his or her own body-rub parlour and every operator shall take every
reasonable precautions to ensure that persons whom the owner or operator has reasonable
cause to suspect have been exposed to communicable diseases or who are suffering from
such diseases, are not permitted to enter into the body-rub parlour.
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(3) No owner or operator shall permit any body-rub to be given, performed, provided or
received in any body-rub parlour in breach of any of the regulations contained in this
Schedule.
22.
No person who performs body-rubs in, upon or at a body-rub parlour shall hold, receive or
handle any cash or currency used or received in connection with the business of the
body-rub parlour or receive or hold any customer's money or belongings, and every owner
or operator, during the period in which the body-rub parlour is open for business, shall
provide a person for such purposes, which person, during the period in which he or she is
so employed, shall not provide any body rubs.
23.(1) No one may provide a body-rub or any other services in a body-rub parlour to a person who
is or who appears to be under the age of eighteen years.
(2) No owner or operator shall permit any person actually or apparently under the age of
eighteen to enter or remain in any body-rub parlour.
24.(1) No owner, operator, body-rubber, or other person shall provide a body-rub or any other
service or services in a body-rub parlour to a person who is or who appears to be intoxicated
by alcohol or a drug or to any person whose appearance or condition provides reasonable
cause to believe that the provision of such services to such person may cause illness or
injury to him.
(2) No owner or operator shall permit any person who appears to be intoxicated by alcohol or
a drug to enter or remain in any body-rub parlour.
25.(1) No owner or operator shall pen such body-rub parlour for business or permit the same to
be or to remain open for business or permit any body-rubs or services of any kind to be
performed, offered or solicited in the said body-rub parlour at any time between the hours
of 1:00 o'clock in the forenoon of any day and 8:00 o'clock in the forenoon of the same day.
(2) Subject to subsection (1), every owner who operates his or her own body-rub parlour and
every operator of a body-rub parlour shall file with the Director of Licensing a schedule
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showing the hours of business to be observed in the carrying on of operation of the body-rub
parlour which schedule shall state specifically the opening and closing times of the said
body-rub parlour for each day of the week.
(3) No person shall permit a body-rub parlour owned or operated by him or her to be open for
business at any time other than the times set forth in a schedule filed with the Director of
Licensing pursuant to subsection (2).
(4) During the hours of business of a body-rub parlour set forth in the schedule filed with the
Director of Licensing in accordance with subsection 2, or at any time at which a body-rub
parlour is open for business, or at any time at which a body-rubber is in attendance at a
body-rub parlour, it shall be the responsibility of the owner and of the operator, if any, to
ensure that the door or doors of other principal means of access into the body-rub parlour
by the public shall be kept unlocked and available so that anyone coming into the body-rub
parlour from the street or other public place may enter therein without hindrance or delay.
(5) Either the owner or an operator licensed in respect of such owner's body-rub parlour shall
be in attendance at such owner's body-rub parlour at all of the times referred to in
subsection (4), and no owner or operator shall permit a body-rub parlour owned or operated
by him to open for business, to remain open for business, or any body-rubber to enter or
remain therein, or any services to be performed, offered or solicited in such a body-rub
parlour, unless this subsection is complied with.
26.(1) No owner, operator or body-rubber shall take, consume or have a liquor or a drug in his or
her possession in a body-rub parlour, nor shall the use of liquor or a drug be apparent while
he or she is in a body-rub parlour.
(2) For the purposes of subsection (1) the word "drug" does not include patent medicines and
prescription drugs required for medicinal purposes.
(3) Notwithstanding subsection (1), every owner who operates his or her own body-rub parlour
and every operator shall provide and maintain at all times at the body-rub parlour a first-aid
kit as per Regulation 1101 under the Workplace Safety and Insurance Act.
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27.(1) Every owner, operator and body-rubber shall, while engaged in his or her respective trade,
calling, business or occupation in a body-rub parlour be properly dressed, neat and clean
in his or her person and civil and well-behaved to members of the public with whom he or
she is dealing.
(2) Every owner, operator or body-rubber performing a body-rub or any other service in a room,
cubicle or other enclosure shall be attired in a light-coloured, durable, hygienic uniform.
28.(1) No owner, operator or body-rubber shall use or permit to be used any camera or other
photographic or recording device in, upon or at a body-rub parlour by any person other than
Issuer Licences or an inspector.
(2) No owner, operator or body-rubber shall perform or cause to be performed or permit to be
performed a body-rub or any other service in a room, cubicle or other enclosure in which is
installed a two-way mirror, window or closed-circuit television or in which there is an opening
to an area outside the room, cubicle or other enclosure by any means whatsoever, except
a doorway or operating ventilation system.
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SCHEDULE 5 (17-129)
PAWNBROKERS
DEFINITIONS
1. In this Schedule:
"pawnbroker" means a person operating a business that takes by way of pawn or pledge
any good for the repayment of money lent thereon; and
"pawner" means a person who delivers an article for pawn to a pawnbroker; and
"pledge" means an article pawned with a pawnbroker.
GENERAL PROHIBITIONS
2. No person shall carry on business as a pawnbroker within the City without a licence
to do so.
REQUIREMENTS
3. Every pawnbroker shall comply at all times with all provisions of the Pawnbrokers Act
R.S.O. 1990.
4. In addition to complying with the General Provisions of this By-law, a person applying
for a pawnbroker licence shall provide security in the amount of $2,000 to the
satisfaction of the City Treasurer in accordance with section 6 of the Pawnbrokers
Act R.S.O. 1990.
5. Every pawnbroker shall:
(a) keep their licence issued in respect of this Schedule posted in a conspicuous
location on the premises, so as to be clearly visible to the public and in a manner
satisfactory to a Municipal Officer or the Hamilton Police Service, at all times
during the currency of the licence;
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(b)(i) every Tuesday and, in addition, as needed, review the electronic Identifiable
Stolen Property List sent out by the Hamilton Police Service to determine if any
of the described goods have been or are being sold to them; and
(b)(ii) if any of the described goods have been or are being sold to them, notify the
Hamilton Police Service immediately;
(c) submit weekly reports electronically to the Hamilton Police Service via
[email protected];
(d) notify the Hamilton Police Service immediately of the name and description of any
goods, which are believed to have been stolen or unlawfully obtained; and
(e) before pledge ensure the pawner signs a certificate of ownership certifying that
they are the owner of each good.
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SCHEDULE 6 (17--116)
FOOD SERVICE VEHICLES
DEFINITIONS
1. In this Schedule:
"certificate of inspection" means a certificate in a form approved by the City's
Medical Officer of Health which sets out the results of an inspection conducted under
the Health Protection and Promotion Act or its regulations;
"charity" means a registered charity as defined in the Income Tax Act (Canada)
which has a registration number issued by the Canada Revenue Agency, or a
successor agency;
"Class A vehicle" means a motorized or non-motorized food service vehicle used
as a non-travelling, site-specific food premises including but not limited to a catering
truck, chip truck, or refreshment trailer;
"Class B vehicle" means a motorized or non-motorized food service vehicle that is
used as a travelling food premises including but not limited to a catering truck, chip
truck, ice cream truck, refreshment trailer or hot dog cart;
"Class C vehicle" means a non-motorized food service vehicle that is used as a
travelling food premises from which pre-packaged frozen products exclusively are
offered for sale including but not limited to an ice-cream cycle, yogurt cart or juice
carts;
"food service vehicle" means any vehicle (Class A, B, C) from which refreshments
are sold or offered for sale for consumption by the public and includes but is not
limited to a cart, wagon, trailer, truck and bicycle, irrespective of the type of power
employed to move the food service vehicle from one point to another;
"food service vehicle identifier" means a numbered sticker or similar document
issued by the Director of Licensing to a food service vehicle operator;
"designated park" means Bayfront Park, Pier 4 Park, Confederation Beach Park,
Heritage Green Community Sports Park, Turner Park, Sam Lawrence Park, Gage
Park, and Valley Park;
"property" means a parcel of land which can be legally conveyed pursuant to the
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provisions of the Planning Act and does not include road allowance;
"public health inspector" means a public health inspector employed in the Public
Health Services Department;
"refreshment" means food or drink;
"residential local road" means an Urban Residential Local Road as described in
the City's Transportation Master Plan; and,
"special event" means an event administered or approved by the City's Special
Event Advisory Team.
APPLICATION OF THE SCHEDULE
2. This Schedule does not apply to food service vehicles operated by a charity or an
educational, religious or youth sports organization for the purpose of raising funds
during an event.
GENERAL PROHIBITIONS
3. No person shall operate a food service vehicle without a licence.
4. No person shall operate or permit a Class A or Class B vehicle to be driven unless
the driver has a current and valid Driver's Licence issued under the Highway Traffic
Act, by the Minister of Transportation and Communications for Ontario.
5. No person shall publish or permit to be published any representation that they are
operating food service vehicle unless the person has a licence.
LICENSING
6. Before a licence may be issued, every applicant for a licence, in addition to complying
with the General Provisions of this By-law, shall make the food service vehicle
available for inspection as requested by the Director of Licensing and submit:
(a) a list of the types of refreshments to be sold or offered for sale, specifying the
source supplying the refreshments and identifying refreshments that will be
refrigerated or heated as part of the operation of the food service vehicle;
(b) a spill containment plan including a description of how and where grease and
grey water will be disposed of;
(c) a photograph of the food service vehicle to be licensed;
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(d) the location where the food service vehicle will be parked or stored when not in
use;
(e) written approval from the property owner or owners where the food service
vehicle will be located when selling or offering for sale refreshments;
(f) for a food service vehicle that is subject to the Director's Orders FS-056-06
(issued under the Technical Standards and Safety Act, 2000) as amended or
replaced from time to time, a completed inspection certificate and information fact
sheet issued no more than 36 days before an application or renewal is submitted;
(g) for a Class A or B food service vehicle, proof of current and valid motor vehicle
insurance satisfactory to the Director of Licensing with a third party liability limit
of no less than $2,000,000 per occurrence; and,
(h) for a Class B or C food service vehicle proof of current and valid liability insurance
satisfactory to the Director of Licensing naming the City as an additional insured
with a third party liability limit of no less than $2,000,000 per occurrence.
7. A separate licence shall be issued for each food service vehicle and shall list each
property, if any, where the food service vehicle will be located.
8. A licence to operate a food service vehicle shall not be issued until a public health
inspector has informed the Director of Licensing that all requirements under the
Health Protection and Promotion Act and its regulations have been fully complied
with.
9. A licence to operate a food service vehicle may be issued for a term of one year or
for a term of four consecutive days. In addition a licence for Class B or Class C food
service vehicle may include permission to access designated parks, upon payment
of an additional fee.
REQUIREMENTS
Duty of All Operators
10. Every person operating a food service vehicle shall ensure that:
(a) only the food service vehicle and property, if any, for which the licence has been
issued are used;
(b) the food service vehicle is equipped and maintained with:
(i) a clean compartment for the storage of food, and in the case of a food service
vehicle selling or offering for sale ice cream, frozen desserts or other frozen
confections, the compartment shall be refrigerated; and,
(ii) at least one suitable waste container.
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(c) the food service vehicle is kept in a clean and orderly condition and maintained in
all respects in a condition suitable of the purpose for which it is used;
(d) the food service vehicle is adequately lighted and ventilated;
(e) the food service vehicle identifier is on the rear exterior of the food service vehicle
or to another location on the food service vehicle approved in advance by the
Director of Licensing and is prominently displayed while the food service vehicle
is in operation;
(f) only the refreshments listed in section 6(a) are sold or offered for sale;
(g) no internal combustion engine associated with the operation of the food service
vehicle idles for more than 3 minutes within 3 metres of a habitable room's door,
window or other opening measured from the nearest point of the exhaust venting
to the nearest point of the habitable room's door, window or other opening;
(h) no accessory generator associated with the operation of the food service vehicle
is used outside of the food service vehicle;
(i) waste receptacles are available for use when the food service vehicle is selling or
offering for sale refreshments and removed together with all waste collected in the
waste receptacles or accumulated in the surrounding area upon leaving or
closing;
(j) a public health inspector is not obstructed when:
(i) posting a Certificate of Inspection in a clearly visible and conspicuous
location on the food service vehicle, in a location satisfactory to the public
health inspector; and,
(ii) removing a Certificate of Inspection which has been posted on the food
service vehicle; and,
(k) no one other than a public health inspector or Municipal Officer posts or removes
a Certificate of Inspection on the food service vehicle; and
(l) the food service vehicle does not operate within a park unless it is a designated
park and the food service vehicle has a permit.
Class A Vehicle Operators
11. Every person operating a Class A food service vehicle shall ensure that:
(a) the food service vehicle is at least 1.5 metres from any property line;
(b) in the Hess Village Entertainment District, the food service vehicle does not
operate between 2:30am and 8am; and,
(c) the food service vehicle is equipped with an operational fire extinguisher.
Classes B and C Vehicle Operators
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12. Every person operating a Class B food service vehicle shall ensure that the food
service vehicle is equipped with an operational fire extinguisher.
13. Every person operating a Class B or Class C food service vehicle shall ensure that:
(a) the food service vehicle is in a safe and mechanical condition before it is driven;
(b) the food service vehicle is not driven if it is in an unsafe mechanical condition;
(c) all statutes, regulations and by-laws governing driving, parking or stopping the
food service vehicle are complied with at all times;
(d) the business name of the food service vehicle operator is displayed:
(i)
on both sides of the food service vehicle or on another location as approved
in advance by the Director of Licensing; and,
(ii)
plainly visible in its entirety at all times.
(e) the food service vehicle is moved at the verbal or written request of the Director
of Licensing or a Municipal Officer appointed or assigned to enforce this Schedule,
if, in the opinion of the Director of Licensing or an officer the location:
(i) is or may become undesirable for safety reasons; or,
(ii) interferes with normal access to any property.
(f) the food service vehicle does not stop on road allowance to sell or offer for sale
refreshments:
(i)
within 30 metres along any abutting road allowance, measured from the
point of intersection of the perpendicular projection of the limits of the food
premises (including any outdoor patio) and the road allowance to the
nearest point of the food service vehicle;
(ii)
within 6 metres of an intersection;
(iii)
within 100 metres of any school or hospital, measured along the most direct
road allowance route from the nearest point of the school or hospital
boundary to the nearest point on the food service vehicle;
(iv)
within 100 metres of the boundary of a special event measured along the
most direct road allowance route from the nearest point of the special event
boundary to the nearest point on the food service vehicle, except when
approved as part of a special event;
(v)
for more than 15 minutes at any one location on a residential local road;
or,
(vi)
to a customer who is standing on the travelled portion of a road allowance,
not including a sidewalk.
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(g) the food service vehicle does not stop on property to sell or offer for sale
refreshments unless:
(i)
the food service vehicle is otherwise authorized by the City to sell or offer
for sale refreshments on the property;
(ii)
the food service vehicle is not within 6 metres of an intersection;
(iii)
the food service vehicle is not within 100 metres of any school or hospital,
measured along the most direct road allowance route from the nearest
point of the school or hospital boundary to the nearest point of the property;
(iv)
the food service vehicle is not within 100 metres of the boundary of a
special event measured along the most direct road allowance route from
the nearest point of the special event boundary to the nearest point of the
property, except when approved as part of a special event;
(v)
the property is zoned to permit a restaurant use or an industrial use;
(vi)
the property owner, owners, or occupiers have given written approval for
the food service vehicle to be on the property; or,
(vii)
the food service vehicle is on the property for 8 hours or less on any one
day.
(h) subsections h(iii) and (vi) do not apply to property used as a place of worship or
a school if the sale of refreshments:
(i)
has been organized by and for the benefit of the place of worship or the
school located on the property; and,
(ii)
occurs no more than 20 days in a calendar year;
(i) subsection h(iii) does not apply to a food service vehicle operating in compliance
with a licence that includes permission to access designated parks;
(j) the food service vehicle does not operate:
(i)
on a residential road between 8 p.m. on one day and 8 a.m. on the next
day; or,
(ii)
on any other road between 1 a.m. and 8 a.m.;
(k) a location log is kept for each day the food service vehicle is operated in a form
satisfactory to the Director of Licensing that includes:
(i)
each location (event, street name) that refreshment sales were made; and,
(ii)
each time of arrival and departure;
(l) the location log under subsection 13(k) must be kept for a rolling 1 year window
from the current date created;
(m) the location log shall be made available upon written request from the Director of
Licensing within 2 business days; and,
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(n) the food service vehicle is not washed or repaired while on a road allowance
except, in the case of repair, when repair is necessary to move the food service
vehicle off the road allowance.
14. In addition to otherwise complying with this Schedule, every person operating a Class
B or Class C food service vehicle with a licence that includes permission to access
designated parks shall ensure that:
(a) a park endorsement application is submitted to the Licensing Division;
(b) the food service vehicle does not operate if three food service vehicles are parked
in the designed park upon their arrival;
(c) the food service vehicle does not operate between 11pm and 7am; and
(d) the food service vehicle parks in parking spaces as specified by the Licensing
Division.
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SCHEDULE 7 (17-069)
KENNELS AND PET SHOPS
DEFINITIONS
1.
In this Schedule:
"animal" means any member of the animal kingdom, other than a human;
"kennel operator" means a person operating a commercial establishment for the
keeping or boarding for more than 16 consecutive hours or the breeding of
animals that are used or are intended to be used as pets but does not include a
person operating a commercial establishment for the provision of services to
animals such as daycare for all or part of a day, obedience classes, training,
grooming, and behaviour counselling;
"pet shop operator" means a person operating a commercial establishment for the
selling or offering for sale of animals that are used or are intended to be used as
pets; and,
"pound" means premises that are operated by the City used for the detention,
maintenance or disposal of animals, namely the premises located at 247 Dartnall
Road, Hamilton and any additional premises used for the detention, maintenance
or disposal of animals that may be operated by the City or its contractors from
time to time.
APPLICATION OF SCHEDULE
2.
This Schedule does not apply to:
(a)
the premises of a pound;
(b)
premises used by the Ontario Society for the Prevention of Cruelty to Animals
or an affiliated society;
(c)
registered humane societies, registered shelters or rescue groups as approved
by the Director of Licensing;
(d)
a supply or research facility licensed in accordance with the Animals for
Research Act;
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(e)
a temporary public display of animals including a circus, carnival or classroom
display;
(f)
an animal hospital or clinic operated and supervised by a veterinarian who has
a licence to practise veterinary medicine issued under the Veterinarians Act; or,
(g)
a horse boarded or trained as part or all of an agricultural use on premises zoned
under a City zoning by-law permitting such a use.
GENERAL PROHIBITIONS
3.
No kennel operator or pet shop operator shall:
(a)
operate a kennel or pet shop without a licence to do so;
(b)
keep for sale or offer for sale any sick diseased or unhealthy animal which
exhibits signs of infectious diseases; or,
(c)
keep for sale or offer for sale any animal which is prohibited under the City's
Responsible Animal Ownership By-law.
4.
Every kennel or pet shop operator shall ensure that:
(a)
all aspects of the Ontario Society for the Prevention of Cruelty to Animals Act,
the City's Responsible Animal Ownership Bylaw and the animal cruelty
provisions of the Criminal Code (Canada) are complied with at all times;
(b)
the City's Noise By-law is complied with at all times;
(c)
all animals are adequately fenced or caged to prevent them from running at
large;
(d)
all animals are kept in a cage of adequate size; and,
(e)
all animals are fed and supplied with water regularly and kept in a clean, healthy
condition free from vermin and disease.
REQUIREMENTS
5.
Before a licence may be issued, every applicant for a licence, in addition to complying
with the General Provisions of this By-law, shall:
(a) submit a certificate of compliance from the City's Animal Services Section
showing that an inspection of the establishment has been conducted and that
it is compliance with the General Provisions and this Schedule; and,
(b) satisfy the Director of Licensing that the operator has not been convicted of
animal cruelty under the Criminal Code (Canada).
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SCHEDULE 8 (17-151)
LIMOUSINES
DEFINITIONS
1. In this Schedule:
"booking" means an electronic, written, or oral reservation made in advance;
"limousine" means any automobile and includes a sedan, stretch, luxury or classic motor
vehicle that transports passengers for compensation without use of a taximeter;
"limousine driver" means a person who drives a limousine;
"limousine owner" means a person owns a limousine;
"mechanical safety inspection certificate" a certificate signed by a designated mechanic
from a Ministry of Transportation licensed garage upon completion of a mechanical safety
inspection, in a form approved by the Director of Licensing, describing or attesting to the
mechanical condition of a vehicle that is being used as a limousine;
"owner" means each person whose name appears on the Highway Traffic Act certificate of
registration for the limousine;
"passenger" means any person other than the limousine driver;
"smoke" or "smoking" includes the carrying of a lighted cigar, cigarette, electronic cigarette,
pipe or any other lighted smoking equipment; and
"solicit" means any appeal for customers or passengers by sound, words, signs or gestures
directed at any person;
APPLICATION OF SCHEDULE
2. This Schedule does not apply to:
(a) taxicab services dispatched by a licensed taxicab broker and taxicab services
provided by a licensed taxi plate holder or a licensed taxicab driver under the
authority of Schedule 25: Taxicabs of By-law 07-170;
(b) personal transportation provider services facilitating prearranged transportation
services for compensation using any platform to connect passengers with a
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personal transportation provider driver under the authority of Schedule 24:
Personal Transportation Providers of By-law 07-170;
(c) a motor vehicle used as part of a transit system provided by the City such as the
public transit service known as the Hamilton Street Railway;
(d) a person with an operating licence under the Public Vehicles Act for the vehicle;
(e) a person who facilitates "carpooling" as defined by the Public Vehicles Act; or,
(f) an emergency motor vehicle including but not limited to an ambulance, fire
department vehicle, or police vehicle.
GENERAL PROHIBITIONS AND OBLIGATIONS
3. No limousine owner or limousine driver shall:
(a) operate without a licence to do so;
(b) facilitate or make any representations as a limousine owner or a limousine driver
unless authorized to do so by the City;
(c) display a roof sign bearing the words "taxi-cab", "taxi", or "cab";
(d) permit or condone the acceptance of street hails or the solicitation of passengers,
whether on the street or at a taxi stand or in any other manner at any other
location;
(e) permit any person who does not hold a licence from the City to operate the
limousine;
(f) permit any person to smoke in the limousine; or,
(g) permit or engage in advertising on the limousine.
LICENSING
4. An application for a new or renewed limousine owner or limousine driver licence shall
be made to the Licensing Section using the forms approved by the Director of
Licensing.
5. Despite section 4, a limousine driver licence is not required for a limousine driver who
holds a current and valid taxi-cab driver's licence with the City.
6. Any issued limousine owner or limousine driver licence is non-transferable and
remains at all times the property of the City.
7. Every applicant who applies for a limousine owner licence or limousine driver licence
must be at least 18 years of age and have a valid G licence issued by the Province
of Ontario which is in good standing according to the records of the Ministry of
Transportation.
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8. Every applicant for a new or renewed limousine owner licence shall:
(a) obtain a limousine drivers licence to drive a limousine, but is not required to pay
the fee;
(b) obtain a separate licence for each motor vehicle to be used as a limousine;
(c) submit to the Licensing Section:
(i)
clear identification of the vehicle, including the make and serial number;
(ii)
a certificate of ownership;
(iii)
the motor vehicle registration issued under the Highway Traffic Act;
(iv)
a valid mechanical safety inspection certificate, within 36 days of the
inspection date;
(v)
certificate of insurance with the following minimum insurance requirements:
1.
a policy of insurance in respect of the limousine in an amount not less
than $500,000, exclusive of interest and costs, against loss or damage
resulting from bodily injury to or death of one or more persons or from
loss or damages to property resulting from any one accident;
2.
provide a special enforcement to the policy of insurance referred to in
subparagraph 8(c)(v)1, for passenger hazard in an amount not less
than $500,000, exclusive of interest and costs;
3.
the insurance required under subparagraph 8(c)(v)1 shall contain an
endorsement to provide the City no less than 10 days prior notice of
any cancellation, expiration or change in the amount of the insurance
or in terms of the policy; and,
4.
deposit a certified true copy of the policy of insurance and all
endorsements with the City; and,
(vi)
any other information required by the Director of Licensing.
REQUIREMENTS
Limousine Owner
9. Every limousine owner shall:
(a) ensure that the City licence plate is affixed to the limousine and visible prior to use
in a location satisfactory to the Municipal Officer;
(b) submit a limousine for inspection at a time and location specified by the Director
of Licensing or Municipal Officer;
(c) immediately remove a limousine from service if any mechanical defects are
reported;
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(d) immediately check for mechanical defects to the limousine reported by the driver;
(e) not employ or permit any person other than a licensed limousine driver or licensed
taxi cab driver employed by the limousine owner, to operate a limousine;
(f) create and maintain completed trip records for a rolling 3 year window from the
current date created including:
(i)
the name and address of the passenger booking the trip;
(ii)
the date, time and location of the pick-up and drop off;
(iii)
the total amount paid; and,
(iv)
the name and licence number of the limousine driver;
(g) every limousine owner shall make the records in subsection 9(f) and 9(i) available
to the Director of Licensing within 2 business days following a demand in writing
by the Director of Licencing;
(h) ensure that the passenger requesting the trip is provided with the total estimated
cost prior to booking the trip;
(i) ensure that a passenger is provided with a printed or electronic receipt at the end
of the trip that includes the information confirming:
(i)
the name and address of passenger;
(ii)
the date, time and location of the pick-up and drop off;
(iii)
the total amount paid; and,
(iv)
the first name and licence number of the limousine driver; and,
(j) ensure that the limousine driver operating the owner's vehicle records information
as required under subsection 9(f).
Limousine Driver
10. Every limousine driver shall:
(a) hold a valid limousine licence prior to driving a limousine;
(b) not carry more passengers than the manufacturer's rated seating capacity for that
motor vehicle, including the driver;
(c) not drive with any object placed in, hung on or attached to the limousine or in
such a manner that will obstruct the driver's view of the road;
(d) not take, consume, or have in possession any alcohol, drugs or intoxicants while
operating a limousine;
(e) examine the limousine for any defects immediately before the limousine is to be
driven;
(f) report to the limousine owner immediately:
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(i)
any defects to the limousine;
(ii)
any accidents while operating the limousine; and,
(iii)
any enforcement tickets or summons issued while operating the limousine;
and,
(g) ensure that the City licence plate is affixed to the limousine and visible prior to use
in a location satisfactory to the Municipal Officer;
(h) ensure that the limousine driver's licence and photo is visible prior to use, in a
location satisfactory to the Municipal Officer;
(i) be properly dressed, well groomed, neat and clean in personal appearance;
(j) be civil and behave courteously;
(k) operate a limousine only if:
(i)
it is clean, dry and in good repair as to its interior;
(ii)
it is clean, and in good repair as to its exterior, free from exterior body
damage and with a well maintained exterior paint finish; and,
(iii)
it is free from mechanical defects; and,
(l) maintain completed trip records with the information required under subsection
9(f);
(m) ensure that the passenger is provided with a printed or electronic receipt at the
end of the trip that includes the information required under subsection 9(i);
(n) immediately at the end of the trip:
(i)
search the limousine for any property or money lost or left therein; and
(ii)
deliver any lost or left money or property to the person owning the property
or money and if the owner of the property or money cannot be found,
deliver the property or money to the nearest police station with all
information regarding the property or money.
11. On demand of the Director of Licensing or a Municipal Officer, the limousine drivers
shall:
(a) produce any of the following:
(i)
the limousine driver's licence, including photograph identification card;
(ii)
the limousine driver's trip records;
(iii)
a valid motor vehicle registration issued under the Highway Traffic Act;
(iv)
valid insurance that meets the requirement of this Schedule;
(v)
a valid safety standard certificate issued by a Ministry of Transportation
licensed garage; and,
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(vi)
any other information pertaining to the limousine driver or the operation of
the limousine as requested by the Municipal Officer; and,
(b) Submit the limousine operated by the limousine driver for inspection at a time and
location specified by the Director of Licensing or Municipal Officer.
Disposal of Limousine
12. Immediately when the licensed limousine owner or limousine driver disposed of or
otherwise ceases to use a limousine as a limousine all identifying decals, markings
and all other items which would make the limousine appear to the public to be a
limousine must be removed.
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SCHEDULE 9
LODGING HOUSES
INTERPRETATION
1.
Definitions:
"lodging house" means a house or other building or portion thereof in which four (4) or
more persons are or are intended to be harboured, received or lodged for hire, where
lodging rooms are without kitchen facilities for the exclusive use of the occupants and
where each occupant does not have access to all of the habitable areas in the building,
but does not include a hotel, hospital, nursing home, home for the young or the aged or
institution if the hotel, hospital, home or institution, is licensed, approved or supervised
under a general or special Act other than the Municipal Act, 2001.
LICENCE REQUIRED
2.
No person shall operate a lodging house without a licence under this by-law for the
keeping and operation of that house.
MISCELLANEOUS REQUIREMENTS FOR LODGING HOUSES
3.(1) The keeper of a lodging house shall ensure that the lodging house is so designed,
constructed, equipped and maintained as to be in compliance with applicable laws and
this by-law, and available and suitable for the use of residents, and, without restricting
the generality of the foregoing:
There shall be at least one water closet, one wash basin, and one bath tub or shower
bath in a separate room or compartment, for every seven residents, based on the
lodging house capacity for residents or the actual occupancy, whichever is greater.
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(2) Without restricting the generality of subsection (1), the keeper of a lodging house shall
ensure:
(a) That the building and all facilities are maintained and used in accordance with the
standards provided in this by-law, and that the same and all equipment, furniture
and furnishings are kept in good repair and in clean and sanitary condition, and
available for use by residents;
(b) That each resident of the lodging home is supplied with a separate lockable mail
box;
(c) That a register is maintained at the lodging house, with the name and signature of
all residents, their usual residence or if none their last residence, the date of entry
to and date of departure from the lodging house, and type of identification produced
by the resident to the operator or staff of the lodging house;
(d) That there is provided at all times an adequate supply of clean towels for each
individual, and other customary toilet supplies, and that all water-closet
accommodation and toilet accommodation is provided without extra charge; and
(e) That there is posted along with the licence certificate a notice signed by the operator,
giving his or her name, address and telephone number, and the name, address and
telephone number of the employee or agent in charge of the particular premises,
along with the emergency telephone numbers for Fire, Police, Building and Public
Health Services Departments.
(3) Subject to subsection (4), a person applying for or transferring a lodging house licence
shall provide with the application, for each lodging house property, a certificate of
compliance issued to the person under the applicable property standards by-law.
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(4) A lodging house licence holder applying for renewal of the licence shall comply with
subsection (3), unless there is a certificate of compliance issued to the licence holder
under the applicable property standards by-law, the date of which is no more than three
years before the date of renewal.
(5) A person applying for a licence shall attend a training session conducted by or on behalf
of the City, prior to issuance of a licence.
INSPECTION
4.
The Medical Officer of Health, a municipal law enforcement officer, or a police officer
may at all reasonable times make inspection of any lodging house and of the records
required to be kept, and the Medical Officer of Health may delegate such duty to a
subordinate.
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SCHEDULE 10 (17-130)
SALVAGES BUSINESSES
DEFINITIONS
1. In this schedule:
"purchase" includes but is not limited to taken in exchange, acquired or otherwise received;
"recyclable material" means any product utilized for any purpose which would otherwise
be disposed of or dealt with as waste, including glass, metal, plastic, rubber and paper
products;
"salvage" means but is not limited to recyclable material, metal scrap, used or wrecked
motor vehicles or used or wrecked motor vehicle parts;
"salvage business" means salvage shops and salvage business, including an automobile
wrecking business or premises;
"salvage business operator" means a person operating a business where scrap metal,
scrapped or wrecked motor vehicles, material from demolished buildings or structures,
recyclable material, junk or salvage of any type is received, processed, stored or dismantled
prior to being sold or disposed of; and
"seller" means a person who sells or who offers to sell any salvage to a salvage business.
APPLICATION OF THE SCHEDULE
2. This Schedule does not apply to:
(a) the business of purchasing used or wrecked motor vehicles or used or wrecked
motor vehicle parts, then refurbishing them to like-new condition and then selling
them, if the purchasing, refurbishing and selling all take place on the premises of
the business; or
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(b) a registered charitable corporation.
GENERAL PROHIBITIONS
3. No person shall operate a salvage business without a licence to do so.
4. No salvage business operator shall purchase any salvage from a person appearing
to be under:
(a) the age of 18 years old without consent from a guardian; or
(b) the influence of alcohol or drugs.
5. No salvage business operator shall purchase, acquire or permit the storage of any
vehicle that has a serial number that is missing, has been mutilated or obliterated
without first having given reasonable notice to the Hamilton Police Service prior to
the intended purchase, acquisition, or storage.
REQUIREMENTS
6. Every person required to obtain a licence under this Schedule shall obtain a separate
licence for each premises.
7. In addition to complying with the General Provisions of this By-law, a person applying
for a salvage business licence shall provide proof satisfactory to the Director of
Licensing that the business has all applicable approvals required under the
Environmental Protection Act and its regulations and that such approvals are current
and valid.
8. When a used or wrecked motor vehicle is purchased, every salvage business
operator shall produce, at the request of the Director of Licensing, Municipal Officer,
or Hamilton Police Service, the vehicle portion of the permit issued for the motor
vehicle or the notice from the Ministry of Transportation that the motor vehicle has
been destroyed.
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9. Every salvage business operator shall:
(b) keep their licence posted in a conspicuous location on the premises, so as to be
clearly visible to the public and in a manner satisfactory to a Municipal Officer or
the Hamilton Police Service, at all times during the currency of the licence;
(c) notify the Hamilton Police Service of the name and description of any salvage
which is believed to have been stolen or unlawfully obtained; and
(d) post a sign giving notice of the collection of personal information from sellers in a
form satisfactory to the Director of Licensing in a conspicuous location on the
premises, so as to be clearly visible to the public and in a manner satisfactory to
the Municipal Officer or the Hamilton Police Service, at all times during the
currency of the licence.
Record of Purchase
10. Every salvage business operator shall ensure that, without delay, at the time any
salvage is purchased, a record of the purchase is made and includes:
(a) the day, month, year and time of the purchase;
(b) the price or other consideration given;
(c) the full name, telephone number, and address of the seller as shown on at least
1 piece of identification that contains this information as well as a photograph of
the seller; and
(d) a detailed description of each salvage that shall be reasonably sufficient to identify
it, including: make, model, serial numbers, weight, colour, markings and titles,
where applicable.
11. Every salvage business shall ensure that the record of purchase under Section 10 is:
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(a) made by hand or electronically, either as approve in advance by the Director of
Licensing;
(b) easily readable and in English;
(c) not altered or deleted once completed;
(d) protected from loss or destruction;
(e) kept for a minimum of one year; and
(f) submitted electronically to the Scrap Investigator at the Hamilton Police Service
monthly by the 15th of the month following the month of purchase before close of
business, or as requested, excluding 10 (c).
12. Every salvage business operator shall only deliver the full name, telephone number
and address from whom the salvage was purchased to the Hamilton Police Service,
if requested in writing and such request shall indicate that it is being made to aid an
investigation undertaken with a view to a law enforcement proceeding or from which
a law enforcement proceeding is likely to result.
Retention Period
13. For the purposes of completing an investigation, the Hamilton Police Service may
require that salvage suspected of having been stolen be retained on the premises
and the salvage business operator shall ensure that the said salvage is not sold,
exchanged, altered, repaired, disposed of or in any way parted with.
Visual Barrier
14. Every salvage business operator shall install and maintain a visual barrier of not less
than 2m in height between any outdoor area used for their salvage business and all
adjoining properties including all adjoining road allowance.
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15. Every salvage business operator shall ensure that material related to the use of a
property as a salvage business that is not located indoors is:
(a) enclosed within the visual barrier under section 14;
(b) located not less than 1m from the visual barrier under section 14; and
(c) where located between 1m and 5m from the visual barrier under section 14, no
higher than the visual barrier.
16. Every salvage business operator shall ensure that all activity related to the use of
their premises that is not located indoors is enclosed within the visual barrier under
section 14.
17. Every salvage business operator shall ensure that any opening in the visual barrier
under section 14 for ingress or egress is covered by a gate that:
(a) is the same height as the visual barrier;
(b) does not open over a traveled portion of road allowance including a sidewalk;
and
(c) is kept clear of obstructions so that the gate may be opened fully at any time.
18. Every salvage business operator shall ensure a visual barrier under section 14 or an
opening in a visual barrier under section 17 comply with any other applicable by-law.
19. Where a zoning by-law, site plan or subdivision agreement entered into under the
Planning Act requires a visual barrier, the requirement in such zoning by-law, site
plan or subdivision agreement prevails in the event of a conflict with subsections 14
to 17, both inclusive.
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SCHEDULE 11 (18-042)
PAYDAY LOAN BUSINESSES
DEFINITIONS
1.
In this Schedule:
"chartered bank annual consumer loan rate" means the most recent chartered
bank - consumer loan rate set out in Table 176-0043 of the Bank of Canada
Financial Market Statistics; and
"payday loan business" means a person or entity licensed as a lender or a loan
broker under the Payday Loans Act, 2008.
LICENSING
General
2.
Every payday loan business shall hold the applicable current and valid licence
under this Schedule.
3.
Before a licence may be issued, every applicant for a licence, in addition to
complying with the General Provisions of this By-law, shall submit, for approval of
the Issuer of Licences:
(a)
Proof of a current and valid licence as a lender or a loan broker under the
Payday Loans Act, 2008;
(b)
accurate, scale representations of the posters that will be displayed in
accordance with sections 10 and 11; and
(c)
the credit counselling information that will be given in accordance with
section 12.
4.
No payday loan business is permitted on any lands within Rural Hamilton,
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including Rural Settlement Areas, as designated on Schedule D to the Rural
Hamilton Official Plan.
5.
No new payday loan business shall be issued a licence for a location listed in
section 8.
6.
No payday loan business shall be located and no payday loan business licence
shall be issued except for in areas as permitted by sections 6 and 8.
(a) No more than15 payday loan business licenses shall be issued; and
(b) No more than 1 payday loan business licence shall be issued per ward.
7.
Council may consider a request to substitute a new location for an existing payday
loan business location provided that any requested new location shall be restricted
by ward and no more than one location per ward shall be permitted.
8.
Despite section 6, the premises at the following municipal addresses licensed and
in actual use as payday loans businesses in the City on January 1, 2018, are
deemed to be a location where a payday loans business is permitted to operate
and eligible to be licensed only for so long as the premises continues to be used
for such purposes, the business owner maintains their licence, and the business
carried on therein is in compliance with this By-law:
(a)
736 Queenston Road;
(b)
970 Upper James Street;
(c)
152 Hwy 8, Unit 158 (Stoney Creek);
(d)
61 King Street East;
(e)
1392 Main Street East;
(f)
460 Main Street West;
(g)
483 Hwy 8 (Stoney Creek);
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(h)
1 Wilson Street;
(i)
836 Upper James Street;
(j)
1655 Main Street West;
(k)
1056 Barton Street East;
(l)
314 Queenston Road, Unit F;
(m)
58 Centennial Parkway North;
(n)
309 Grays Road (Stoney Creek);
(o)
1120 Fennell Avenue East;
(p)
529 Concession Street;
(q)
732 Queenston Road;
(r)
219 King Street East;
(s)
1299 Barton Street East, Building K;
(t)
147 Locke Street South;
(u)
534 Concession Street;
(v)
127 King Street East;
(w)
13 King Street East, Suite 1;
(x)
858 Upper James Street;
(y)
478 King Street East, Unit 2;
(z)
1116 Barton Street East, Unit 1;
(aa)
77 James Street North, Unit 223;
(bb)
695 Queenston Road;
(cc)
833 Upper James Street;
(dd)
1062 Barton Street East.
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(ee)
(19-258)90 Centennial Parkway North
9.
Staff annually report to Council on the number of payday loan businesses licenced.
Poster for Rates
10.
Every payday loan business shall display a poster at each of the offices authorized
by its Payday Loans Act, 2008 licence that:
(a)
has been approved in advance by the Issuer of Licences;
(b)
is in English;
(c)
is visible to any person immediately upon entering the office;
(d)
is of a minimum size of 61 centimetres in width by 91 centimeters in length;
and
(e)
consists of:
(i)
in 144 point font, a heading setting out the words "Our Annual
Interest Rate" and the amount of the payday loan business's annual
interest rate, which may be shown on a replaceable card attached to
the face of the poster or by any other similar means, immediately
below the heading;
(ii)
in 144 point font, a heading setting out the words "Chartered Bank -
Annual Consumer Loan Rate" and the chartered bank annual
consumer loan rate, which may be shown on a replaceable card
attached to the face of the poster, immediately below the heading;
and
(iii)
in 34 point font and below 4(e)(i) and 4(e)(ii) the words "This poster
is required under Schedule 11 of the City of Hamilton's Business
Licensing By-law No. 07-170."
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Poster for Credit Counselling
11.
Every payday loan business shall display a poster at each of the offices authorized
by its Payday Loans Act, 2008 licence that:
(a) has been approved in advance by the Issuer of Licences;
(b) is in English;
(c)
is visible to any person immediately upon entering the office;
(d) is of a minimum size of 61 centimetres in width by 91 centimeters in length;
and
(e) consists of:
(i)
in 144 point font, a heading setting out the words "Credit
Counselling";
(ii)
in 144 point font, a heading setting out the word "Contact" followed
by one or more of the following credit counselling agencies:
(1)
Credit Counselling Canada,
(2)
Canadian Association of Credit Counselling Services,
(3)
Ontario Association of Credit Counselling Services,
(4)
Canadian Association of Independent Credit Counselling
Agencies,
together with their respective telephone number and email address;
and
(iii)
in 34 point font and below 5(e)(i) and 5(e)(ii) the words "This poster
is required under Schedule 11 of the City of Hamilton's Business
Licensing By-law No. 07-170."
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Credit Counselling Information
12.
Every payday loan business shall ensure that each person who attends at its
offices is given, immediately upon him or her expressing an interest in a loan, credit
counselling information that has been approved in advance by the Issuer of
Licences.
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SCHEDULE 12
PEDLARS
INTERPRETATION
1.
In this Schedule,
"pedlar" means a person who goes from place to place or to a particular place with
goods, wares or merchandise for sale, or who carries and exposes samples, patterns
or specimens of any goods, wares or merchandise that are to be delivered in the
municipality afterwards.
LICENCE REQUIRED
2.
No person shall carry on business as a pedlar without a licence under this By-law,
entitling him or her so to do.
LICENCE PLATE
3.
Every pedlar while using a vehicle in his or her business shall keep affixed thereto, on
the right-hand side thereof in such a manner as always to be readily visible from that
side, the current licence plate for said vehicle, and no other licence plate on that side.
MISCELLANEOUS REQUIREMENTS
4.
No pedlar shall;
(a) hold any show or entertainment in any street or public place;
(b) place or maintain any stand, stall or booth in any street or other public place;
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(c) use in his or her business any horse or other animal not in sound condition and well-
cared for;
(d) being the holder of a pedlar's licence, allow any other person to
use his or her licence certificate;
(e) stop in any place in a highway or on a vacant lot adjacent to such highway to sell
goods, wares or merchandise; or
(f) shall sell goods, wares or merchandise out-of-doors without written permission from
the property owner of commercially-zoned lands within the City.
5.
Every pedlar shall;
(a) upon the request of a licence inspector,
(i)
produce written proof, acceptable to the licence inspector, that he or she
has the permission of the owner of the property on which goods, wares,
or merchandise are being offered for sale or exposed, to use the property
for such purposes; and
(ii)
produce his or her current licence issue to carry on business as a pedlar;
(b) comply with the requirements of the applicable zoning by-law.
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SCHEDULE 13
PERSONAL AESTHETIC SERVICES
PART I: DEFINITIONS
1.
In this Schedule:
(a) "personal aesthetic service" means a service provided for any part of the
human body where there is a risk of exposure to blood and includes, but is not
limited to, hairdressing, barbering, manicure, pedicure, tattooing, micro-
pigmentation, body-waxing, body-piercing and electrolysis services.
(b) A personal aesthetic service does not include medical or therapeutic treatment
given by a person otherwise duly qualified, licensed or registered so to do
under the laws of the Province of Ontario.
PART II: LICENCE
2.(1) No person shall carry on a personal aesthetic service business without a
licence.
(2) Every person required to obtain a licence under this Schedule shall obtain a
separate licence in respect of each premises where a personal aesthetic service
business is carried on.
PART III: DUTIES OF LICENCE HOLDERS
3.
Every person who carries on a personal aesthetic service business shall comply
with the "Ministry of Health Infection Control in Personal Services Settings
Protocol", 2008, as amended from time to time, and the requirements of the
Medical Officer of Health.
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4.
No person who carries on a personal aesthetic service business shall permit their
employee or any person to provide a personal aesthetic service for a customer or
any person who they reasonably suspect has been exposed to or is suffering from
a communicable disease.
5.
Every person who carries on a personal aesthetic service business shall keep the
personal aesthetic service business in a clean and sanitary condition to the
satisfaction of the Medical Officer of Health.
PART IV: ENFORCEMENT AND INSPECTION
6.
A Public Health Inspector or a Municipal Law Enforcement Officer appointed under
any City by-law or any other person assigned or appointed by the Director of
Licensing or the Medical Officer of Health may enforce the provisions of this
Schedule and may, at all reasonable times, inspect a personal aesthetic service
business.
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SCHEDULE 14 (19-175)
TREE CUTTING SERVICES
Definitions
In this Schedule,
"tree" means a self-supporting woody perennial plant which has reached or can reach a
height of at least 3 metres at physiological maturity;
"tree cutting service" means a person engaged in the business of assessing the health and
structural integrity of trees, removing trees, pruning tree branches or roots, removing
stumps, or transplanting trees, including climbing aloft and using rigging equipment for
any such purpose.
Requirement for Licence
No person shall carry on the business, trade or occupation of a tree cutting service
without a licence.
General Operating Conditions
Every tree cutting service shall:
(a) ensure that a policy of commercial general liability insurance, including coverage for
bodily injury and property damage resulting from any work performed, with an
inclusive limit of at least two million dollars ($2,000,000) per claim or occurrence, is
in force at all times during the currency of the licence and includes coverage for all
the tradespersons and labourers employed or retained by the tree cutting service;
(b) provide a written contract to the person for whom the work is being completed, which
contract shall be signed by the licensee and shall contain:
(i) the name and address of the licensee and the person for whom the work is
being done;
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(ii) the address where the work is to be done;
(iii) a description of the work to be completed and price; and
(iv) the estimated date of completion;
(c) not permit the operation of any equipment used in the course of the tree cutting
service between the hours of 7:00 p.m. and 7:00 a.m. of the following day that is
likely to disturb those inhabiting neighbouring properties;
(d) ensure that no vehicle used in the performance of work obstructs the municipal right
of way;
(e) ensure that all debris, mud, garbage or stone tracked onto a municipal right of way
is removed at the end of each working day;
(f)
ensure that no work performed creates a public safety concern;
(g) ensure that no work performed interferes with any property's drainage or creates
any flooding or ponding on any property including a municipal right of way;
(h) not permit the emission of dust or airborne particulate matter to reduce the
enjoyment of a neighbouring property;
(i)
replace any damaged sod, ground cover, pavement, or other property of the City
within 48 hours of the completion of the work; and
(j)
obtain proper permits (if required) to ensure that cutting is done in accordance with
approved tree protection plan which may be prepared by an arborist among other
professionals.
Compliance with Tree By-laws
(1) Every tree cutting service shall comply with all applicable by-laws relating to trees,
which may include:
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(a) Public Tree Protection By-law No. 15-125;
(b) Urban Woodland By-law No. 14-212;
(c) Former Regional Municipality of Hamilton-Wentworth Woodland Conservation By-
law No. R00-054;
(d) Former Town of Dundas Tree Protection By-law No. 4513-99;
(e) Former City of Stoney Creek Tree By-law No. 4401-96; and
(f)
Former Town of Ancaster Tree Protection By-law No. 2000-118.
(2) Prior to injuring or destroying any tree, every tree cutting service shall ensure:
(a) that a permit has been obtained to injure or destroy trees, if required by by-law; or
(b) if no permit is required by by-law, that the injury or destruction of trees is performed
in accordance with any applicable restrictions or conditions on the injury or
destruction of trees such as an approved tree protection plan imposed as a condition
of development approval.
Penalties
(1) Despite subsection 27(2) of the General Provisions of this By-law, every person other
than a corporation who contravenes any provision of this Schedule or an order made under
this By-law relating to this Schedule is guilty of an offence and on conviction is liable to a
maximum fine of:
(a) for first offence, $10,000 or $1,000 per tree injured or destroyed, whichever is
greater; or
(b) for a subsequent offence, $25,000 or $2,500 per tree injured or destroyed,
whichever is greater.
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(2) Subsection (1) applies to any officer or director who knowingly concurs in a
contravention of this Schedule or an order made under this By-law relating to this Schedule.
(3) Despite subsection 27(3) of the General Provisions of this By-law, every corporation
who contravenes any provision of this Schedule or an order made under this By-law relating
to this Schedule is guilty of an offence and on conviction is liable to a maximum fine of:
(a) for first offence, $50,000 or $5,000 per tree injured or destroyed, whichever is
greater; or
(b) for a subsequent offence, $100,000 or $10,000 per tree injured or destroyed,
whichever is greater.
(4) In addition, if any person convicted of an offence under this Schedule has gained
economic advantage from the contravention of the Schedule, they are liable to a special
fine, which may exceed $100,000 equal to the economic advantage gained.
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SCHEDULE 15
PERSONAL WELLNESS SERVICES ESTABLISHMENTS
PART I: DEFINITIONS
1.
In this Schedule,
(a) "alternative massage" means the kneading, manipulating, rubbing, massaging,
touching, or stimulating, by any means, of a person's body or part of a person's
body, but does not include such services:
(i)
performed for the purpose of medical or therapeutic treatment provided
by a person otherwise duly qualified, licensed or registered so to do under
the laws of the Province of Ontario; or
(ii)
appealing to or designed to appeal to erotic or sexual appetites or
inclinations including but not limited to such services advertised by any
means as "sensual", "sexy" or by any other word or any depiction having
like meaning or implication;
(b) "personal wellness services establishment" means any premises or part
thereof where an alternative massage is performed, offered or solicited in
pursuance of a business;
(c) "operator" means a person who operates, manages, supervises, controls or
is responsible for the business of a personal wellness services establishment;
(d) "to provide", when used in relation to an alternative massage or a service that
appeals to or is designed to appeal to erotic or sexual appetites or inclinations
including but not limited to services advertised by any means as "sensual",
"sexy" or by any other word or any depiction having like meaning or implication,
includes to furnish, perform, solicit, or give such alternative massage or service
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and "providing" and "provision" have corresponding meanings;
PART II: LICENCES
GENERAL
2.
No person shall carry on or engage in the business of an operator of a personal
wellness services establishment without holding a current, valid licence issued
under this By-law.
INFORMATION TO BE PROVIDED BY APPLICANT
3.
On every application for a licence or for the renewal of a licence:
(a)
the applicant shall file the application provided by the Director of Licensing
and shall furnish such information as the Director of Licensing may direct; or
(b)
if the applicant is not an individual, the application shall be filed and
updated from time to time as this By-law requires by an individual duly
authorized by the applicant to sign such application on behalf of the
applicant and to bind it, and the individual filing such application shall certify
the truth and completeness of the information provided.
4.
When filing an application for a licence, in addition to complying with the General
Provisions of this By-law, an applicant shall file:
(a)
a detailed floor plan, drawn to scale, of the personal wellness services
establishment that has been approved by the Director of Licensing and the
details of such floor plan shall include but are not limited to depicting the
location of reception areas, offices, rooms where alternative massages are
provided, washrooms, storage areas and entrances/exits;
(b)
an itemized list describing each service that will be provided, what services
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may be provided during a single appointment and how appointments will
be scheduled;
(c)
information on the training and/or the experience of the operator and their
employees with respect to each service that will be provided, as requested
by the Director of Licensing;
(d)
if the applicant is a corporation:
(i)
a current copy of the corporation profile report;
(ii)
a list containing the full name of each officer, director and
shareholder, the address of their ordinary residence, their telephone
number;
(iii)
the name or names under which the applicant intends to carry on in
the business; and
(iv)
the address of the corporation to which the Director of Licensing may
send or deliver any notice or other document required or authorized
by law;
(e)
if the applicant is a partnership:
(i)
a current copy of the limited partnerships report;
(ii)
a list containing the full name of each partner, the address of their
ordinary residence, their telephone number;
(iii) the name or names under which the applicant intends to carry on in
the business; and
(iv) the address of the partnership to which the Director of Licensing may
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send or deliver any notice or other document required or authorized
by law;
(f)
if the applicant is an individual:
(i)
the name of the individual, the address of their ordinary residence,
their telephone number; and
(ii)
the address of the individual to which the Director of Licensing may
send or deliver any notice of other document required or authorized
by law.
5.
When filing an application for a licence renewal, in addition to complying with the
General Provisions of this By-law, an applicant shall, at the time of making an
application:
(a)
sign a form certifying that there are no changes to the information required
to be filed under the General Provisions or this Schedule;
(b)
if the applicant is a corporation, file every third year a current copy of the
corporation profile report;
(c)
if the applicant is a partnership, file every third year as current of the limited
partnerships report.
6.
Every licence holder shall advise the Director of Licensing immediately in writing of
any change to the information required to be filed in respect of their licence under
the General Provisions or this Schedule, provided that no licence holder shall change
or cause a change to be made to a floor plan without first obtaining the approval of
the Director of Licensing.
EXPIRATION
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7.
No licence issued under this Schedule is transferable.
8.
Where:
(a)
by a transfer of existing shares, by an issue of new or existing shares, or
by some other means, the controlling interest in a corporation holding a
licence is determined by the Director of Licensing to have changed hands;
or
(b)
one or more partner in a partnership holding a licence is determined by the
Director of Licensing to have ceased to be a partner or the partnership is
determined by the Director of Licensing to have ceased to exist,
a licence issued under this Schedule shall be deemed to have expired.
PART III: DUTIES OF OPERATORS
9.
Every operator shall:
Premises
(a)
not equip the personal wellness services establishment so as to impede the
enforcement of this By-law;
(b)
on each day when the personal wellness services establishment is open for
business, open or cause it to be opened only between the hours of 7:00
a.m. and 10:00 p.m.;
(c)
post their licence in a conspicuous place in the personal wellness services
establishment at all times;
(d)
keep the premises in a clean and sanitary condition;
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(e)
ensure that each advertisement of the personal wellness services
establishment legibly bears the words "Licensed Personal Wellness
Services Establishment, Licence No. ____", complete with the licence
number inserted;
Alternative Massage
(f)
not permit any service to be provided to a customer or any person that
appeals to or is designed to appeal to erotic or sexual appetites or inclinations
including but not limited to services advertised by any means as "sensual",
"sexy" or by any other word or any depiction having like meaning or
implication;
(g)
ensure any service provided complies with the "Ministry of Health Infection
Control in Personal Services Settings Protocol", 2008, as amended from time
to time, and with any other requirements of the Medical Officer of Health; and
Records
(h)
keep a record of each alternative massage provided, which record shall:
(i)
include the name of the person who provided the alternative
massage and the time and date of the alternative massage;
(ii)
be kept for at least one year after the date of the alternative
massage; and
(iii)
be produced upon demand to a person assigned or appointed by the
Director of Licensing to enforce this Schedule.
PART IV: ENFORCEMENT AND INSPECTION
10.
A person assigned or appointed by the Director of Licensing to enforce this
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Schedule may, at all reasonable times, inspect a personal wellness services
establishment.
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SCHEDULE 16
PUBLIC GARAGES
1.
In this Schedule,
(a) "landscaped area" shall mean an area of land provided and maintained on the
same lot on which the building, structure or use is situated, no part of which shall be
other than:
(i)
fully and completely open and exposed to natural light and air and
unobstructed above the surface; and,
(ii)
used exclusively for scenic, recreational or like uses; and,
Provided that not less than 50% of which shall be natural earth comprised of the
natural planting of grass lawns, trees, shrubs and flowers in such manner as to
establish and enhance the beautification of the landscaped area and any building
or structure on the same lot, and may include a planting strip, but shall not include
area used for parking space, manoeuvring space, access or egress driveways or
any other vehicular purpose of any kind, nor any area occupied by an accessory
building, nor any open space beneath, within or on the roof of any building;
(b) "planting strip" means an area of land growing ornamental shrubs or trees or both,
suitable to the soil and climatic conditions of the area of land for the sole purpose of
providing a visual barrier or buffer; and
(c) "public garage" means a public garage, parking facility, automobile service station
or car wash.
2.(1) No person shall in the City of Hamilton, carry on the business of a public garage
without first paying the amount of the licence fee and obtaining a licence under this
By-law, entitling him or her so to do.
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(2) Subject to subsection 2(3), every person required to obtain a licence under this
Schedule shall be required to obtain a separate licence and comply with the
requirements applicable to each class or licence category, for each class of public
garage carried on from the garage.
CLASSES OF LICENCE
3.(1) Any licence entitles the licensee to carry on only such class or classes of public garage
as may be specified, and the licensee shall not be entitled to carry on or engage in any
class of public garage for which he has not been granted a licence.
(2) The various classes of public garage shall be as follows:
(a) "Garage A" a building or place where motor vehicles are stored or kept for sale;
(b)
(i)
"Garage B1" a building or place used as a motor vehicle repair
shop, including body and fender repairs;
(ii)
"Garage B2" a building or place used as a motor vehicle repair shop
excepting body and fender repairs; and
(iii)
"Garage B3" a building or place used as a motor vehicle repair shop for
body and fender repairs only;
(c) "Garage C" an automobile service station, or a building or place where gasoline or
oils are stored or kept for sale, except a retail store where any such gasoline or oils
are sold in sealed containers only;
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(d) "Garage D" a parking station or a parking lot, provided that the renting of parking
space for not more than five motor vehicles, by the operator of an automobile
service station licensed as such under this By-law, shall not bring any such
automobile service station within this class; and
(e) "Garage E" a building or place used for washing or cleaning motor vehicles,
excepting
a
licensed
public
garage
without
special
equipment
capable of washing or cleaning more than fifteen motor vehicles in one day.
4.(1) For the purpose of this section, "car wash" means a building or place used for
washing or cleaning motor vehicles as defined in paragraph 3(2)(e).
(2) "car wash, manual", shall mean a vehicle wash wherein the motor vehicle does not
move during washing or is washed only manually by a person but without insertion of
a coin into a vending machine or receptacle to commence or continue the washing
process.
(3) "car wash, mechanical", shall mean a vehicle wash wherein the vehicle is driven or
towed into the washing bay and does not move during any one or more phases of the
washing process and is washed by equipment that is stationary or moves about the
vehicle, but without the insertion of a coin into a vending machine or receptacle to
commence or continue the washing process.
(4) "car wash, coin-operated", shall mean a vehicle wash wherein the vehicle is washed
either manually or mechanically only upon the insertion of a coin in a vending
machine or receptacle to commence or continue the washing process.
(5) "car wash, high-speed mechanical", shall mean a vehicle wash wherein the vehicle
is moved by, on, or along a conveyor system during different phases of the washing
process.
APPLICATION FOR LICENSE
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5.(1) Every application for a public garage licence shall be in writing and shall show the
applicant's name and postal address, the name and address of the public garage or
proposed public garage, the class or classes of licence applied for, and a sufficient
description of the premises used or proposed to be used, together with sufficient
particulars of his arrangements for carrying on the business, and shall be filed with the
Director of Licensing, together with six true copies.
(2) Save where a similar licence was in force for the previous year with respect to the same
premises and there is no change in the relevant information, the application shall be
accompanied by a satisfactory plot plan signed by the applicant, with six true copies,
based on a registered plan of survey if any, and otherwise in accordance with the actual
property lines, drawn to a scale of ten feet to the inch where the area of the site is 25,000
square feet or less, and otherwise to a scale of twenty feet to the inch.
(3) In the case of a parking lot, the plan shall be substantially in accordance with the form
of plot plan and showing,
(a) location of the premises, position of adjacent street lines, sidewalks, boulevards, fire
hydrants, poles and driveways, and the position and type of use of adjacent
buildings, structures and premises, all according to scale and including an indication
of the north point;
(b) the drainage system and type and specifications of surfacing of all outdoor areas to
which motor vehicles will have access, together with complete grade levels and the
location and dimensions of all catch-basins and other drainage facilities, the location
and dimensions of all fuel pumps and islands, and of all barriers, signs, poles, trees,
buildings, structures and things above the level of the paving, and of all access
driveways, manoeuvring space and parking spaces, entrances, exits and ramps;
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(c) in the case of any building or structure, the location of the vehicular and pedestrian
entrances and exits, the entrance and exit driveways, the location and grade of
ramps within the premises giving access to or from the ground level, the location
and size of receiving and exit areas, and where parking tickets or car washing tickets
are to be issued, the location and nature of ticket-issuing points; and
(d) landscaping, paving, fencing, markings, bumpers/wheel barriers and lighting here
such is required under the applicable zoning by-law.
(3) The form of every plot plan other than one for a parking lot shall also be in accordance
with the scale and general principles above provided for parking lots.
(4) In the case of an application for a licence to operate a public garage under a Garage
B1, Garage B2 or Garage B3 licence, the applicant shall submit a copy of a current valid
Certificate of Approval issued by the Ministry of the Environment pursuant to Section 9
of the Environmental Protection Act, R.S.O. 1990, c. E.19.
6. Whenever a licence has been granted for any public garage and the business so authorized
has not yet been commenced as a regular business within one calendar year following the
issuing of the licence, a public garage licence shall not again be issued for the location in
question unless and until a new application has been made and the circumstances of the
delay dealt with in a report to the Licensing Tribunal accompanying the application for a
new licence; and in the case of every public garage licence issued, the following words shall
appear on the face of the licence:
"If the business authorized by this licence has not been commenced on a regular basis
within twelve months from date of issue, a new licence will not be issued until the
circumstances of the delay have been reviewed by the Hamilton Licensing Tribunal."
MISCELLANEOUS REGULATIONS FOR ALL PUBLIC GARAGES
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7.(1) Every public garage shall be so designed, constructed and equipped as to be suitable
in all respects for the purposes for which it is used or intended to be used, and without
restricting the generality of the foregoing,
(a) all grades and drainage facilities shall be such as to prevent drainage to any
street, sidewalk or other adjoining land;
(b) all lighting facilities shall be such as not to cause annoyance from direct
glare, to persons on the street or on adjoining land;
(c) all means of ingress and egress shall be in accordance with the plans submitted
with the application for licence, or as subsequently authorized and, wherever there
is a public sidewalk or curb, shall be by means of an approach ramp installed in
accordance with the provisions of the Streets By-law 86-77 as amended; and
(d) every sign shall be so located, and shall have such content, colour and design as
not to create any unusual hazard or confusion to any pedestrian or to any driver of
a motor vehicle.
(2) The operator of every public garage shall be responsible,
(a) that all signs and required facilities are maintained in conformity with the
requirements hereinbefore set forth;
(b) that save as may be otherwise lawfully authorized by a licence to use part of the
boulevard for the parking of vehicles and motor vehicles, no part of any street, public
lane or other public place is used for the parking or manoeuvring of motor vehicles,
or in any other manner as if it were part of the public garage premises;
(c) that there is no outside storage except of whole motor vehicles in operating
condition;
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(d) that the premises are kept in an orderly and clean condition, without any scrap,
debris or refuse left lying about; and
(e) that prompt report is made to the Hamilton Police Service, of any motor vehicle
which there may be reason to suspect is either stolen or abandoned.
ADDITIONAL REQUIREMENTS FOR PARKING STATIONS AND PARKING LOTS
8.(1) Every parking station and parking lot shall be so designed, constructed and equipped
as to be suitable in all respects for the purposes for which it is used or intended to be
used, and, without restricting the generality of the foregoing,
(a) a permanent durable and dustless surface that is graded, drained, and paved with
concrete or asphalt or a combination of concrete and asphalt shall be provided and
maintained on all outside areas to which motor vehicles will have access;
(b) save as may be otherwise lawfully authorized by a licence to use part of the
boulevard for the parking of vehicles and motor vehicles, all parking spaces and all
outside areas to which motor vehicles have access, except exits and entrances,
shall be provided with barriers, so designed, constructed, located and otherwise
suitable as to prevent any part of a motor vehicle from projecting over any part of a
street, public lane or other public place, or within three inches of the boundary of
any other adjoining land;
(c) there shall be provided at each entrance where it may readily be seen by every
driver of a motor vehicle about to enter the premises, a suitable sign no nearer to
the ground than seven feet, and no farther from the ground than twelve feet, bearing
in clear and legible letters and figures no less than four and no more than twelve
inches high, the name of the operator, his business address, and the hours and
rates for the parking of motor vehicles;
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(d) there shall be provided the required sanitary facilities except where the medical
officer of health is satisfied that they are not necessary and has given a written
waiver which remains unrevoked;
(e) all open areas, except areas required to be landscaped, shall be paved with asphalt
or concrete, and so graded or drained as to ensure that surface water will not escape
to neighbouring lands;
(f) every lighting facility shall be so designed, installed and maintained as to ensure
that light is deflected away from all lands designated for residential uses, and any
lighting of signs shall similarly be so deflected; and
(g) lighting shall be provided to a minimum level of 5 foot candles, as measured by
readings taken at three feet from the ground, in all areas used for parking and
access of vehicles as well as those areas used for pedestrian access to and from
the parking areas.
(2) The operator of every parking station and parking lot shall be responsible,
(a) that all signs and required facilities are maintained in conformity with all applicable
provisions hereinbefore set forth;
(b) that every entrance, exit, and access aisle is kept unobstructed for its full length and
width, and that all entry, parking and discharge of vehicles is conducted only as
indicated on the plans submitted with the application for licence or as subsequently
authorized; Provided that this clause shall not be deemed to prohibit a suitable ticket
office or automatic control device which does not contribute to congestion or
unreasonably obstruct any means of ingress or egress;
(c) that except in the case of a metered or automatically controlled parking station or
parking lot, a competent attendant is on duty at all times during business hours as
indicated on the sign;
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(d) that while no parking spaces are available, a suitable notice announcing that fact is
prominently displayed at the entrance; and
(e) that no person is allowed to loiter about the premises.
(3) Subject to subsection (4), the operator of every parking station and parking lot shall
provide and maintain the facilities as set out in the approved plot plan required by
section 5 of this Schedule, which shall be a condition of obtaining or continuing to hold
the licence.
(4) The operator of an existing licensed parking station or parking lot on the date of
enactment of this Schedule, whose existing facilities pertaining to landscaping, paving,
fencing, markings, bumpers/wheel stops and minimum lighting are not
in accordance with the requirements as set out in this Schedule, as a condition of
obtaining and continuing to hold a licence, shall:
(a) provide a satisfactory plot plan in accordance with section 5 notwithstanding the
exemption contained therein; and
(b) within one year of the date of enactment of this Schedule, provide the facilities as
required, in accordance with the approved plot plan.
ADDITIONAL REQUIREMENTS FOR SALES LOTS
9.(1) Every place where motor vehicles are stored or kept for sale shall be so designed,
constructed and equipped as to be suitable in all respects for the purposes for which it
is used or intended to be used, and, without restricting the generality of the foregoing,
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(a) all outside areas to which motor vehicles will have access shall be suitably surfaced
with asphalt or concrete, or with crushed stone or slag or other as suitable material
so treated as to make it dust free and prevent it from spilling or spreading onto any
street or other adjoining land; and
(b) save as may be otherwise lawfully authorized by a licence to use part of the
boulevard for the parking of vehicles and motor vehicles, all parking or storage
areas shall be equipped with barriers as hereinbefore required for a parking lot,
so designed, constructed and located, and otherwise suitable, as to prevent any
part of a motor vehicle from projecting over any part of a street allowance or public
lane, or within three inches of the boundary of any other adjoining land.
(2) The operator of every place where motor vehicles are stored or kept for sale shall be
responsible, that all signs and required facilities are maintained in conformity with all
applicable provisions hereinbefore set forth.
10.
Every building or place used for washing or cleaning motor vehicles, except a licensed
public garage without special equipment capable of washing or cleaning more than
fifteen motor vehicles in one day, shall be in all respects suitable for the purpose, and,
without restricting the generality of the foregoing,
Wash-racks
(a)
Every wash-rack and other equipment for washing or cleaning motor vehicles,
except steam-cleaning equipment, shall be located within a building; and
Surfacing
(b)
All outside areas to which motor vehicles will have access shall be suitably
surfaced with,
(i)
hot-mix asphalt on macadam base; or
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(ii)
concrete; or
(iii)
other as hard-surfaced and otherwise suitable material not including loose
crushed stone or slag.
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SCHEDULE 17
PUBLIC HALLS AND PLACES OF AMUSEMENT
LICENCE REQUIRED
1.
In this Schedule;
(a) "amusement machine" means a machine, device or contrivance activated by
mechanical or other action or any other means by the user thereof with a view to
achieving a desirable result through skill or chance or a combination of both, in terms
of points, score, measurement of any other characteristic of the machine, device or
contrivance but does not include a pinball machine;
(b) "amusement machine parlour" means a premises or place on a premises where
four or more amusement machines are kept for the amusement of the users thereof;
(c) "billiard parlour" means a premises or place on a premises on which there is one
or more billiard tables or pool tables for hire or gain;
(d) "bingo parlour" means a premises or place on a premises used as a public hall for
the assembly of persons playing bingo;
(e) "Certificate of Inspection" means a certificate in a form approved by the Medical
Officer of Health which sets out the results of an inspection or inspections
conducted under the Health Protection and Promotion Act or its regulations;
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(f) "pinball machine" means a machine in which a ball, object, thing, or image, or
symbol or sign becomes mobile or otherwise active or visible upon being activated
or called into existence or use by mechanical or other action or any other means so
as to mechanically or otherwise project the ball, object, thing, or image, or symbol
or sign through skill or part skill and part chance of the user thereof, upon or under
a surface, or on a screen or other viewing surface within a full or part enclosure or
not within an enclosure, with a view to achieving a desirable result in terms of points,
score, measurement or any other characteristic of the machine, device or
contrivance;
(g) "pinball machine parlour" means a premises or place on a premises where four
or more pinball machines are kept for the amusement of the users thereof;
(h) "place of amusement" includes a bingo parlour, pinball parlour, amusement
machine parlour and all other places of amusement;
(i) "proprietary club" means all clubs other than those in which the use of any billiard,
pool or bagatelle table is only incidental to the main objects of the club;
(j) "public hall" means premises or a part thereof, including a portable building or tent,
used as a place of assembly which is operated as a business, where members of
the public gather for the purpose of any meeting, dancing or entertainment, but does
not include premises used solely for religious purposes or a theatre within the
meaning of the Theatres Act, R.S.O. 1990, c. T-6, as amended; and
(k) "public health inspector" means a public health inspector employed in the
Public Health Services Department.
2.(1) No person shall for profit or gain, and no proprietary club shall, directly or indirectly, keep
or have any billiard, pool, or bagatelle table on or about the premises which the person
or club controls, including a house or place of public entertainment or resort, without a
licence entitling the person to do so.
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(2) Subsection 2(1) does not apply to a restaurant or public hall licensed under this By-law,
where not more than two billiard, pool, or bagatelle tables are located on or about the
premises, and the use of such tables is incidental to the principal business of the
restaurant or public hall.
3.(1) Except as otherwise permitted , no person shall carry on or operate without a
separate licence for:
(a) an exhibition held for hire or gain;
(b) a music hall;
(c) a bowling alley;
(d) rolling skating rink;
(e) skate boarding facility;
(f) indoor bicycle facility;
(g) motor vehicle racing track;
(h) a public hall; or
(i) any place of amusement.
(2) Every person who operates a place of amusement shall take out a separate licence for
each of the following:
(a) a bingo parlour.
(b) a pinball parlour.
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(c) an amusement machine parlour.
(d) any other place of amusement.
4.(1) Without a separate licence to do so, no person shall carry on or operate:
(a) an exhibition of waxworks;
(b) a menagerie;
(c) circus-riding; or
(d) any other like shows usually exhibited by showmen including a carnival.
(2) Except as otherwise permitted, no person shall carry on or operate without a separate
licence for:
(a) a merry-go-round;
(b) a switchback railway;
(c) a carousel; or
(d) any other like contrivances.
5.
No licence shall be required for any exhibition or traveling show or any other show or
performance held in a licensed public hall.
6.
Every application for a licence for any public hall or place of amusement shall include
particulars of the financial responsibility of the applicant.
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7.
Every application for a licence for any public hall or place of amusement shall include a
Certificate of Compliance as issued by the Planning and Economic Development
Department pursuant to the Property Standards By-law.
8.
Every application for a licence for any public hall or place of amusement shall include
proof of liability insurance.
GENERAL REQUIREMENTS
9.
Every person carrying on or operating any exhibition, show, public hall, place of
amusement or amusement contrivance for which a licence is required under this
Schedule shall be responsible that the following requirements are observed,
namely;
(a)
A Certificate of Compliance, as issued by the Parking and By-Law Services
Division of the Planning and Economic Development Department, pursuant to
the Property Standards By-law, for the premises used for carrying on the
exhibition, show, public hall, place of amusement or amusement contrivance,
shall be provided to the City on a bi-annual basis prior to that year's renewal
licence being issued;
(b)
Proof of liability insurance in the amount of not less than $1,000,000.00 in
accordance with the Amusement Devices Act, R.S.O. 1990, c.A.20, and the
regulations there under, or as required by the Director of Licensing, shall be
provided to the City prior to a licence being issued or renewed;
(c)
There shall not be published, displayed or distributed any advertising matter
which is vulgar or indecent;
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(d)
The premises shall be kept clean and orderly and maintained in all respects
reasonably suitable for the purpose for which they are used, and, in particular,
while open for business and for the period of at least one-half hour before and
after, the same shall be kept suitably lighted and ventilated, adequate sanitary
facilities shall be available, and no snow or ice shall be allowed to accumulate
on any fire escape or other means of egress in such manner or to such an extent
as to create any unnecessary danger;
(e)
Except as hereinafter otherwise provided or as otherwise specifically authorized
by law or as provided by by-law, the hours or operation of the premises shall
comply with the regulations as set out by the Alcohol & Gaming Commission of
Ontario;
(f)
Subject to the terms and conditions of the charitable gaming licence, a public hall
which may be used to conduct a Monte Carlo event under a provincial charitable
gaming licence is permitted to open for the licensed ......... event as per the
regulations as set out by the Alcohol and Gaming Commission of Ontario;
(g)
There shall not be allowed in or about the premises any disorderly or unseemly
conduct;
(h)
All necessary measures shall be taken to prevent any obstruction of the highway
by patrons;
(i)
In case of fire, panic or other emergency or untoward incident, the police and
fire departments shall be notified promptly, and there shall be taken such other
precautionary or protective measures as may be reasonable
needful under the circumstances.
(j)
No amusement ride shall be operated unless the licence holder has submitted
to the Director of Licensing:
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(i)
a licence to carry on the business of operating amusement devices issued
by the Director under the Amusement Devices Act; and
(ii)
a current permit for each amusement device signed by an inspector
employed by the Technical Standards and Safety Authority.
SPECIAL REGULATIONS
Bowling Alleys
10.(1) Notwithstanding the provisions of section 7 of this Schedule respecting hours, the
business hours of a bowling alley on Monday, Tuesday, Wednesday, Thursday and
Friday may be extended until one o'clock in the morning of the following day, but the
keeper shall be responsible, that no person under the age of fourteen years shall be
allowed to be on the premises after nine o'clock in the afternoon or before eight o'clock
in the forenoon of any day unless accompanied by one of his or her parents or a
responsible adult.
Public Halls
(2) Every keeper of a public hall shall be responsible that the following requirements are
observed, namely:
Undesirable Activities
(a)
No indecent or disorderly performance or other such undesirable activity shall be
allowed in or about the licensed facility; and
Dances
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(b)
When dancing is held in a public hall, other than a bona fide private dance held
by a private person or a bona fide religious, charitable, patriotic or fraternal
organization, notwithstanding the provisions of subsection 9(5) of this Schedule
respecting hours, the hours of operation of the premises shall comply with the
regulations as set out by the Alcohol and Gaming Commission of Ontario.
Provided that nothing herein shall be deemed to prohibit the continuance
of any dance on New Year's Eve, until three o'clock of the following
morning.
Bingo Parlours
(3) Notwithstanding any provision of this Schedule, a person shall carry on or conduct the
hours of operation of a bingo parlour in compliance with the regulations as set out by
the Liquor Licence Act and its regulations.
11.
The premises of the following places of amusement or entertainment shall be closed
and remain closed on all other days except Saturday, as follows:
(a) Roller Rinks, from one o'clock in the forenoon until six o'clock in the
forenoon of the same day.
(b) Billiard Parlours, from three o'clock in the forenoon until eight o'clock in the forenoon
of the same day, except that any pinball machine and amusement machine on the
premises shall be closed and remain closed from twelve o'clock midnight until eight
o'clock in the forenoon of the following day.
12.
No person to whom a licence has been issued to carry on or engage in the business of
a billiard parlour shall permit or cause to be permitted any person less than 14 years of
age to be within the billiard parlour after nine o'clock in the afternoon and before eight
o'clock in the forenoon of the following day.
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13.(1) No person shall erect, construct, operate or maintain a race track for the purposes
of racing motor vehicles, except go-karts, or motor cycles or conduct or take part in
races between any type of motor vehicles, except go-karts, within the city without a
licence having been obtained to do so, and except in accordance with the provisions
of this by-law.
(2) No such race track shall be erected or operated in the City except within that part of
the Fifth Concession bounded on the east by Brock Road and on the west by the
Town line between the former Township of West Flamborough and Beverly.
(3)
(a) No track shall be erected upon a parcel of land having an area of less than
forty-five acres, and such parcel of land shall be fenced with a fence of height of
at least four feet constructed of standard heavy weight 9 gauge wire farm fence
or heavier.
(b) In addition to the aforementioned fence, the Licensee shall also place chicken
wire along the farm fence from a point commencing at the pit area to the northern
boundary of the property.
(4) The licensee shall implement and maintain a tree planting program, whereby
commencing at the race tracks' frontage on Concession 5, cedar trees shall
be planted around the perimeter of the race track property.
(a) Any track shall have a surface paved with hot asphalt or concrete, and no racing
shall be conducted upon any surface other than a surface paved as aforesaid.
(b) The paved surface of the track shall be located at a minimum distance of one
hundred and forty feet from any outside boundary of the parcel of land upon
which the track is located.
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(c) The paved surface of the track shall be enclosed completely on its outside
boundaries with wire fence and concrete guards of a type and design adequate
to prevent cars from running off track, provided, however, that openings shall be
permitted where necessary for the entrance and exit of cars from the track itself.
(5) A grandstand shall be provided of a seating capacity of at least six thousand persons
and any standing room facilities shall be subject to adequate safety protection for the
spectators.
(a) The grandstand and any spectators seating accommodation shall be constructed
of steel or concrete or a combination of these materials, and shall be located on
permanent concrete foundations, and shall not be of a temporary or portable
type. Wooden flooring and wooden seats and wooden stairways may be used.
(b) No new structures, buildings, or enclosures shall be located beneath the
grandstand, unless an adequate fire resistance rating is maintained and
sufficient air space exists between the roof of any such building and the
grandstand floor.
(c) For every one thousand seats contained in the stands, the following washroom
accommodation shall be required;
(i)
one male water closet, three urinals for males, one wash basin for
males; and
(ii)
three water closets for females, and one wash basin for females.
(6) Police supervision shall be supplied by the Licensee by hiring police for the purposes
of maintaining order on the site, and for the purpose of regulating traffic, to ensure
that there shall be no congestion on leaving the track.
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(a) A minimum of two police officers shall be provided at least 2 hours prior to the
scheduled end of the races. These police officers shall be posted at the corner
of Brock Road and Fifth Concession Road West, one-half hour before the
completion of the day's racing events, to provide traffic control on all race days,
and shall remain there as long as deemed necessary.
(b) In addition to police supervision, the Licensee shall provide a minimum of two
security guards to assist in maintaining order on the site, including the
grandstands, entrance areas, pit area and parking areas. Security shall remain
until patrons and drivers have left the site following the conclusion of the days
racing events.
14.(1) No motor vehicles shall be operated on the track, either for practice, testing or
racing, except on a day on which races are to be held, and races shall not be
held more than one night per calendar week, not to exceed 25 nights per calendar
year, save as provided in subsection 14(2).
(2) In addition to the regular racing nights provided for in subsection 14(1), the
Licensee shall be permitted to hold races on 8 additional nights per calendar
year and the Licensee shall disclose in writing and in advance the dates of
such 8 additional nights to the Director of Licensing.
(3) On the additional racing dates permitted in subsection 14(2) the hours of
operation will be as follows;
(a) On five of the eight permitted additional race dates, racing, practicing and testing
shall not be permitted to commence before 4:00 p.m. or after 10:45 p.m.
(b) On three of the eight permitted additional race dates, racing, practicing and
testing shall not be permitted to commence either:
(i)
before 4:00 p.m. or after 10:45 p.m.;
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or
(ii)
before 12:00 noon or after 6:45 p.m.
(c) Racing, practicing and testing will not be permitted during the afternoon hours
and evening hours, as specified in paragraph 14(3)(b), of the same race date.
(4) Races will not be permitted on more than two consecutive dates.
(5) The Licensee shall record the start and finish times of the last race on each
race night and submit this record to the Director of Licensing at the end of the
race season.
(6) The Licensee shall report the holding of each of the eight additional racing
nights provided for in subsection 14(2) to the City within 48 hours of the holding of
each of the additional racing nights. This report shall be in writing and shall be
directed to the Director of Licensing.
(7) Two ambulances shall be provided at every race meet and no race shall proceed
unless at least one of the ambulances is still in attendance.
(8) Fire protection shall be provided by the Licensee at all meets. The following
minimum equipment shall be provided;
(a) one extinguisher in the pit area;
(b) three extinguishers properly located around the track; and
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(c) a fire extinguisher shall also be provided in each booth or room for the sale of
refreshments and two additional extinguishers shall be provided beneath the
grandstand, or these shall be accessible at all times when races are been
conducted. A properly qualified individual shall be assigned to attend each of the
foregoing extinguishers.
15.
All wrecked motor vehicles must be removed from the premises within twenty-four
hours.
16.
The Licensee shall provide at least two tow-trucks in attendance at all race meets
and for one hour after the race meets for the purpose of being available to remove
obstructions caused by accidents in leaving the premises.
17.
Adequate parking facilities for the purpose of parking spectators' cars shall be
provided for every four seats in the grandstand.
18.
Internal roads leading to sodded parking areas shall be properly graded, drained,
gravelled, and maintained at all times, and shall be treated to prevent dust.
19.
All parts of the premises including the part surrounded by the paved track and parking
areas shall be planted with grass and kept cut at all times, and suitably landscaped.
20.
An adequate sewage disposal system shall be provided and maintained. The
Licensee shall comply with the provisions of the Health Protection and Promotion Act
and the directions of the Medical Health Officer there under.
21.
The track during operations shall be illuminated in a manner adequate to provide for
safety.
22.
All parking areas, entrance roads, pathways, and the stand shall be adequately at all
times while the race track is being operated.
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23.
Alcoholic beverages shall be prohibited at a Motor Vehicle Race Track except on
premises licensed under the Alcohol and Gaming Commission of Ontario. This
prohibition shall be posted at all entrances, in the pit area and on race track fencing.
24.
Upon the breach by a licensee of any of the provisions hereof the right to hold races
shall be automatically forthwith suspended until the breach is remedied.
25.
As of the commencement of the race season in 2001, all motor vehicles will require
mufflers. The standard for the mufflers will be a Magnaflow 11219 muffler or
equivalent.
26.
Overnight camping is strictly prohibited.
27.
The tower lights will be extinguished within fifteen minutes after the completion of the
final race.
28.
Notwithstanding section 14, practicing and testing of motor vehicles shall be
permitted during race season on Tuesdays; with race cars not being permitted on
site before 2:00 p.m.; and practicing and testing not to commence before 3:00 p.m.
and to be completed no later than 6:00 p.m.
POSTING OF CERTIFICATES OF INSPECTION
29.(1) Every person who carries on the business of a public hall shall permit a public health
inspector to post a Certificate of Inspection in a clearly visible and conspicuous
location at all entrances by which members of the public may enter the premises.
(2) Every person who carries on the business of a public hall shall permit a public health
inspector at any reasonable time to remove a Certificate of Inspection which has been
posted on the premises.
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(3) When a Certificate of Inspection has been removed by a public health inspector
under subsection (2), the person who carries on the business of a public hall shall not
post a copy of the Certificate of Inspection or a facsimile of the certificate at any
location on the premises.
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SCHEDULE 18
Deleted - Reserved (17-055)
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SCHEDULE 19
DELETED - REPEALED 2012
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SCHEDULE 20
RESIDENTIAL CARE FACILITIES
PART I: INTERPRETATION
1. In this Schedule:
"activities of daily living" means the activities of an individual that maintain their
sufficient nutrition, hygiene, warmth, rest and safety;
"additional care" means community services such as long term care services, or
rehabilitative services that can be provided to a tenant either in the residential care facility
or in the community;
"ambulatory" means in respect of an individual, that they are independently mobile, by
mechanical or any other means, or with minimal assistance of another person;
"attic" means the space between the roof and the ceiling of the top storey of a residential
care facility or between a dwarf wall and a sloping roof of a residential care facility, which
is not finished in such a way as to provide suitable habitation for tenants;
"basement" means a storey of a residential care facility located below the first storey
which is more than 50 per cent below grade or which is not finished in such a way as to
provide suitable habitation for tenants;
"care services" means advice, information, or supervision provided to tenants in the
activities of daily living and may also include:
(a) periodic personal care, as required, such as the giving of medications, bathing
assistance, assistance with feeding, incontinence care, dressing assistance,
assistance with personal hygiene, and ambulatory assistance;
(b) provision of recreational or social activities, housekeeping, laundry services, and
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assistance with transportation;
(c) personal emergency response services, including assistance in evacuating under
emergency conditions due to mental limitations and/or developmental handicaps
and limitations of the tenants;
"drug" means any substance or mixture of substances manufactured, sold or
represented for use in:
(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal
physical state, or the symptoms thereof, in an individual; or
(b) restoring, correcting or modifying of organic functions in an individual;
"Guidelines" means the guidelines for the operation of facilities licensed under this
Schedule, which the Medical Officer of Health is authorized to issue under subsection
57(a);
"inspection log" means the document prepared by the City that is completed by an
Officer at the end of an inspection to indicate whether the residential care facility is in
compliance or not with relevant City by-laws; (21-217)
"long term care facility" means a nursing home under the Nursing Homes Act, an
approved charitable home for the aged under the Charitable Institutions Act or a home
under the Homes for the Aged and Rest Homes Act provided that on the day the Long-
Term Care Homes Act, 2007 comes into force, "long term care facility" means a place
that is licensed under that Act;
"Officer" means:
(a) a building inspector of the Building Division of the Planning and Economic
Development Department;
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(b) an inspector of the Fire Department;
(c) a public health inspector employed in the Public Health Services Department;
(d) a registered nurse employed in the Public Health Services Department;
(e) an officer appointed by the Director of Licensing.
"operator" means a person licensed under this Schedule to operate a residential care
facility;
"physician" means a legally qualified medical practitioner;
"prescribed", when used with reference to a drug or mixture of drugs, means that a
legally qualified medical practitioner or a dentist has directed the dispensing of the drug
or mixture of drugs to a named individual;
"prescription drug" means a drug that may be dispensed by a pharmacist only upon
the direction of a physician or dentist;
"rehabilitative services" means services for a person with a physical, mental, or
developmental handicap, and includes,
(a) homemaker services,
(b) day care,
(c) training and rehabilitation,
(d) casework and counselling, and
(e) training in life skills;
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"residential care facility" means a residential complex that is:
(a) occupied or intended to be occupied by four or more persons for the purpose of
receiving care services, whether or not receiving the services is the primary
purpose of the occupancy; or
(b) licensed or required to be licensed under the Retirement Homes Act, 2010,
and the term "facility" has a corresponding meaning.
"residential care facility information package" means an information package that
contains the information required to be contained in an information package under
section 140 of the Residential Tenancies Act, 2006 including notice that a complaint
about the operation of the facility may be made by telephoning the City of Hamilton's
Public Health Services at 905-546-2063;
"single facility incident" means a situation, or the likelihood of an impending situation,
which could reasonably be expected to have an abnormal effect on the health, safety,
welfare, or personal property of one or more tenants of a facility, and which, because of
its nature or magnitude, requires a controlled and co-ordinated response by the operator;
"tenant of a facility" means a person, other than an operator or employee, who
(a) resides in a residential care facility, and to whom the operator provides care
services;
(b) is ambulatory; and
(c) has decreased physical or mental functional ability;
and the term "tenant" has a corresponding meaning; and
"volunteer" means a person, other than an operator or an employee, who, as part of an
organized volunteer program, provides services or work at a residential care facility for
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no wage or salary.
PART II: LICENSING
GENERAL
2.
No person shall operate a residential care facility without a licence.
2.1
The following provisions of this Schedule do not apply with respect to tenants subject
to the Retirement Homes Act, 2010 but only to the extent that tenants of the same
facility not subject to the Retirement Homes Act, 2010 are unaffected:
subsection 5(1)(e);
section 7;
subsection 12(c);
paragraphs 12(f)(ii) to (v);
subsection 12(g);
section 13 to the extent that the section applies to volunteers;
section 15;
section 16;
section 17;
sections 32 to 53.
3. A licence shall not be issued for a facility established after October 1, 1980, which is
situated in a location where, at any hour, the noise level exceeds 58 decibels.
4. The authorized capacity of a facility, as determined by the Medical Officer of Health, and
the provisions of the applicable zoning by-laws, shall be endorsed on the licence issued
to the facility.
INFORMATION TO BE PROVIDED BY APPLICANT
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5.(1) Every applicant for a licence, in addition to complying with the General Provisions of
this By-law, shall submit, before the licence may be issued:
(a) a signed form certifying that the applicant is at least eighteen years of age at the time
of application;
(b) a copy of an Ontario Secondary School Graduation Diploma or evidence satisfactory to
the Director of Licensing of equivalent standing from the Ontario Ministry of Education
and Training;
(c) evidence satisfactory to the Director of Licensing of employment experience in work
comparable to the administration of the facility which they propose to operate;
(d) a premises plan of the residential care facility showing all buildings or other
structures, parking areas and walkways on the property where the residential care
facility is located and all entrances/exits, bedrooms, beds, clothes closets, dining
areas, sitting rooms and toilet facilities, sitting rooms in the residential care facility;
and
(e) a single facility incident plan satisfactory to the Medical Officer of Health which shall
include the premises plan under paragraph (d).
(2) Paragraph (1)(b) does not apply to a person who was the holder of a licence to
operate a residential care facility under a by-law of a former area municipality on July
10, 2001, the date that the City of Hamilton Licensing Code, By-law 01-156, came
into force.
6. Every applicant for a licence or a licence renewal, in addition to complying with the
General Provisions of this By-law, shall submit to the Director of Licensing before the
licence is issued or renewed, the following:
(a) upon applying for a licence and every third year thereafter, upon applying for a licence
renewal, a certificate from the Electrical Safety Authority that the facility complies with
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the Ontario Electrical Safety Code;
(b) a certificate from the Medical Officer of Health, that the facility complies with the
applicable health and safety standards in this Schedule;
(c) a certificate from the insurer of the facility, that the insurance coverage required under
subsection 12(i) of this Schedule is in effect for the facility; and
(d) documentation as required under section 14 as to the age and education of the
operator's employees.
7. Every applicant for a licence renewal, in addition to complying with the General
Provisions of this By-law, shall submit to the Issuer of Licence before the licence is
renewed an updated single facility incident plan satisfactory to the Medical Officer of
Health.
8. Where the applicant for a licence or for a licence renewal is a corporation or a
partnership, at least one officer or director of the corporation or one partner of the
partnership shall submit, in respect of themselves, the certificates or other documents
required to be submitted by an individual under the General Provisions of this By-law or
under this Schedule.
9. Every operator shall advise the Director of Licensing immediately in writing of any change
to the information required to be filed in respect of their licence under the General
Provisions of this By-law or this Schedule.
EXPIRATION
10. No licence issued under this Schedule is transferable.
11. Where:
(a)
by a transfer of existing shares, by an issue of new or existing shares, or by some
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other means, the controlling interest in a corporation holding a licence is determined
by the Director of Licensing to have changed hands; or
(b)
one or more partner in a partnership holding a licence is determined by the Director
of Licensing to have ceased to be a partner or the partnership is determined by the
Director of Licensing to have ceased to exist,
a licence issued under this Schedule shall be deemed to have expired.
PART III: OPERATOR
GENERAL
12. The operator shall:
(a) ensure that the applicable provisions of this Schedule, including the Guidelines, are
complied with;
(b) provide a certificate from the Electrical Safety Authority that the facility complies with
the Ontario Electrical Safety Code as required by the Director of Licensing;
(c) keep a copy of the single facility incident plan in the facility in a readily accessible
location;
(d) ensure that there are no firearms and no prohibited or restricted weapons, as set out
in federal statutes, regulations, Orders in Council or otherwise by the federal
government, kept in the facility;
(e) ensure that access to a telephone is available at all times within the facility;
(i) for employees and volunteers; and
(ii) for tenants of the facility:
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1. with its own, separate line;
2. in a private setting, not including a lobby, hallway or passageway;
3. where a tenant using the telephone cannot be easily overheard;
(f) post in a conspicuous place in the facility:
(i) the current licence for the facility;
(ii) a notice stating the name of the operator or an employee who is present at the
facility and has the primary duty of supervising the tenants as required under
paragraph 17(2)(b);
(iii) a notice stating the operator's name, address and telephone number, and the
name, address and telephone number of the employee who has been designated
under paragraph 17(2)(a);
(iv) a notice stating the operator is licensed by the City of Hamilton and that a
complaint about the operation of the facility may be made by telephoning the City
of Hamilton at 905-546-2063;
(v) rules for the conduct of employees and tenants of the facility;
(vi) a notice of the collection of personal information in a form approved by the
Director of Licensing which contains:
1. the legal authority for the collection of personal information about tenants and
employees of the facility by Officers;
2. the principal purpose or purposes for which the personal information is
intended to be used; and
3. the title, business address and business telephone number of an officer or
employee of the City who can answer questions from individual tenants and
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employees of the facility about the collection of their personal information;
(vii) the inspection log. (21-217)
(g) comply with all applicable access to information and protection of privacy legislation;
(h) ensure that the authorized capacity of the facility is not exceeded; and
(i) ensure that a policy of commercial general liability insurance, including coverage for
bodily injury and property damage resulting from the operation of the facility, with an
inclusive limit of at least one million dollars ($1,000,000) per claim or occurrence, is
in force at all times when one or more tenants is present in the facility.
(j) where both tenants who are subject to the Retirement Homes Act, 2010 and tenants
who are not subject to the Retirement Homes Act, 2010 reside in the facility, ensure
that:
(i)
an up-to-date list of tenants who are not subject to the Retirement
Homes Act, 2010 is maintained; and
(ii)
the person with the primary duty of supervising the tenants under
paragraph 17(2)(b) provides the list and identifies tenants who are not
subject to the Retirement Homes Act, 2010 immediately upon the
request of an Officer.
(k) ensure that all documents required under this By-law shall be complete and accurate
and shall not be tampered with or falsified in any way. (21-217)
EMPLOYEES AND VOLUNTEERS
13.(1) The operator shall give every employee and volunteer a notice of the collection of
information in a form approved by the Director of Licensing and the Medical Officer
of Health which describes the procedures under this Schedule for the collection of
personal information about employees and volunteers, at the time when an individual
commences employment or volunteering at the facility.
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(2) The notice under subsection (1) shall also contain:
(a) the legal authority for the collection of personal information about employees or
volunteers by Officers;
(b) the principal purpose or purposes for which the personal information is intended
to be used; and
(c) the title, business address, and business telephone number of an officer or
employee of the City who can answer questions from an employee of or a
volunteer at the facility about the collection of the employee's or volunteer's
personal information.
(3) Where the operator has not given an employee or volunteer a notice under subsection
(1), the operator shall give the employee or volunteer a letter in a form approved by the
Director of Licensing and the Medical Officer of Health which contains the information
set out in subsections (1) and (2), within seven days after being directed to do so by the
Director of Licensing.
(4) Notwithstanding subsection (1), the operator shall give a notice of the collection of
personal information to an employee or volunteer within seven days after being directed
to do so by an Officer.
14.
The operator shall provide evidence satisfactory to the Director of Licensing, within
seven days after an employee commences employment, that the employee:
(a)(i) is sixteen years of age but less than eighteen years of age; or
(ii) eighteen years of age or older;
(b)
if the employee is eighteen years of age or older;
(i)
has an Ontario Secondary School Certificate, or equivalent standing; or
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(ii)
employment experience, satisfactory to the Director of Licensing, in
comparable work;
(c)
whose duties require communication with the tenants, is able to communicate
clearly and effectively with the tenants.
15.(1) The operator shall provide evidence satisfactory to the Director of Licensing within
thirty days after an employee commences employment that the employee has
successfully completed of the new staff in-service orientation training as described in
the Guidelines.
(2) Where an employee's duties involve the supervision of tenants, the operator shall
provide evidence satisfactory to the Director of Licensing within thirty days of each
six month period after the employee commences employment that the employee has
successfully completed at least five hours of continuing education as described in the
Guidelines.
16.
The operator shall provide evidence satisfactory to the Director of Licensing, within
seven days after an employee commences employment or a volunteer commences
volunteering, that the employee or volunteer has had a negative TB test not more
than thirty days before commencing employment or volunteering.
RESPONSIBILITY FOR OPERATION AND SUPERVISION
17.(1) In this section "employee" means an employee who is eighteen years of age or older.
(2) The operator shall ensure:
(a)
that one employee is designated as the individual responsible for the
operation of the facility and can be contacted immediately at the telephone
number posted for that employee under subsection 12(f) at any time when the
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operator cannot be contacted immediately at the telephone number posted for
the operator under subsection 12(f);
(b)
that at all times, the operator or an employee is present at the facility who has
the primary duty of supervising the tenants and is able to carry out this duty
without interference, including but not limited to any interference caused by
other duties or by distractions; and
(c)
the safety of the tenants while the tenants are at the facility.
OPERATIONS AND MAINTENANCE
Water Supply
18. The operator shall ensure that there is an adequate supply of potable and of hot water:
(a) which can provide at least 227.303 litres (50 gallons) for each tenant and employee,
per day;
(b) of at least .362 kilograms pressure per square centimetre (8 pounds per square inch),
when a fixture is in use; and
(c) for water serving all bath tubs, showers and hand basins used by tenants, of a
temperature of not more than 49o Centigrade (120o Fahrenheit) and controlled by a
device, inaccessible to the tenants, that regulates the temperature.
Bedrooms and Storage
19. The operator shall ensure that:
(a) a bedroom for a tenant or tenants in a facility established before October 1, 1980
provides a minimum of 16.8 cubic meters (600 cubic feet) of air space and 6.96
square meters (75 square feet) of floor space for each tenant;
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(b) a bedroom for a tenant or tenants in a facility constructed, renovated, added to or
altered on or after June 1, 1980 provides a minimum, exclusive of the space provided
for built-in or portable clothes closets, of:
(i) 10.22 square meters (110 square feet) of floor space in a single-bed unit, provided
that this area may be reduced to 9.30 square meters (100 square feet) where the
facility provides a living room and one or more dining area;
(ii) 16.72 square meters (180 square feet) of floor space in a two-bed unit;
(iii) 25.08 square meters (270 square feet) of floor space in a three-bed unit;
(iv) 29.73 square meters (320 square feet) of floor space in a four-bed unit;
(c) a bedroom for more than one tenant shall be arranged so that all beds are at least
.91 meters (3 feet) apart;
(d) a bedroom for one or more tenants:
(i) has one or more windows to the outside that:
1. except where another means of ventilation is provided, can be opened to
provide an open area of at least 5% of the floor area of the room;
2. is not less in total area than 10% of the floor area of the room; and
3. is screened from May 1 to October 31;
(ii) is not to be part of a lobby, hallway, passageway, closet, bathroom, stairway,
basement, attic, kitchen, storage room, boiler room, laundry room, activity room,
utility room, chapel, sitting room, administrative office, or tenant examination
room;
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(e) a bedroom is provided with a door and a lock which is of a type that can be:
(i) secured by the tenant or tenants of the bedroom when they are inside or outside
of the bedroom; and
(ii) opened from the outside by the operator or an employee in case of an emergency;
(f) every bed provided for a tenant of a facility is of a minimum width of 91.44 centimetres
(36 inches);
(g) a bedroom in a facility in respect of which a licence was not issued under a by-law of
a former area municipality on July 10, 2001, the date that the City of Hamilton
Licensing Code, By-law 01-156, came into force, does not contain more than two
beds;
(h) where more than one bed is located in a bedroom, a moveable partition is provided
between the beds to ensure the privacy of each tenant, unless the tenants who
occupy the bedroom jointly inform the operator that they do not require such a
partition;
(i) sufficient clean towels, face cloths and bed linen are provided for use of the tenants
of a facility, with a supply of such linen:
(i) available at all times in the facility: and
(ii) changed at least one a week;
(j) a clothes closet is provided for each tenant in their bedroom;
(k) secure storage space, no less than 0.15 m3 in size and accessible only to the tenant
and the operator, is provided for each tenant; and
(l) a rack on which to hang towels and face cloths is provided for each tenant.
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Dining Area
20. The operator shall ensure that one or more dining areas is provided, with a minimum
floor space of 1.85 square meters (20 square feet) per tenant and capable of
accommodating at least one half of the authorized capacity of the facility at one time.
Sitting Rooms
21. The operator shall ensure that:
(a) one or more sitting rooms is provided within each facility;
(b) the minimum total space for a sitting room shall be the greater of:
(i) an area equal to 1.39 square meters (15 square feet) of floor space for each
tenant; or
(ii) 11.148 square meters (120 square feet).
Toilet Facilities
22. The operator shall ensure that:
(a) a toilet room or bathroom are not within, or open directly into, any dining room,
kitchen, pantry, food preparation room, or storage room;
(b) a toilet is not located within a bedroom;
(c) toilet facilities are provided in at least the following ratios:
(i) for an authorized capacity of four to seven tenants: one wash basin, one flush
toilet, and one bath tub or shower;
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(ii) for an authorized capacity of a fraction of seven tenants beyond the first seven:
one wash basin and one flush toilet; and
(iii) for an authorized capacity of each additional seven tenants beyond the first
seven: one wash basin, one flush toilet, and one bath tub or shower;
(d) a bathroom, toilet, or shower room is provided with a door and a lock which is of a
type that can be readily released from the outside in case of an emergency;
(e) one bathroom toilet and shower room shall be of a type that is suitable for use by
persons confined to wheelchairs, where one or more such persons have been
admitted to the facility as tenants;
(f) the bottom of each bath tub is furnished with non-skid material; and
(g) each bath tub and each toilet is furnished with at least one grab bar or similar device
of a type that will ensure the safety of tenants.
Waste
23. The operator shall ensure that waste is stored in receptacles which are:
(i) insect and rodent-proof;
(ii) water-tight;
(iii) provided with a tight-fitting cover; and
(iv) kept clean.
Lighting
24. The operator shall ensure that lighting of the exterior and interior of the facility complies
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with ANSI/IESNA RP-28-07 (the "Recommended Practice for Lighting and the Visual
Environment for Senior Living" approved by the Illuminating Engineering Society of North
America) as amended or replaced from time to time.
Ventilation
25. The operator shall ensure that every room shall be adequately ventilated by natural or
mechanical means and shall be so designed and installed that it meets the applicable
requirements of the Ontario Building Code.
Ramps and Stairways
26. The operator shall ensure that guard, handrail and slip-resistance requirements for
ramps and stairways shall be so designed and installed that they meet the applicable
requirements of the Ontario Building Code.
Floors
27. The operator shall ensure that non-skid finishes and coverings are installed on every
floor.
Balconies
28. The operator shall ensure that balustrades for balconies shall be so designed and
installed that they meet the applicable requirements of the Ontario Building Code.
Construction and Zoning
29. The operator shall ensure that:
(a) no construction, renovation, addition or alteration of a facility is carried out, except in
compliance with this Schedule, ANSI/IESNA RP-28-07 as amended or repaced from
time to time, the Ontario Building Code, the Ontario Fire Code, and under a valid
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building permit; and
(a) the applicable zoning by-laws are complied with.
30. The operator:
(a) shall submit to the Director of Licensing an operational plan, addressing the operation
of their facility during construction, renovation, addition or alteration, a minimum of
90 days before commencing such construction, renovation, addition or alternation;
and
(b) shall not commence construction, renovation, addition or alteration of a facility until
the Director of Licensing has given them written approval of the operational plan
submitted under subsection (a).
General Health and Safety
31. The operator shall ensure that:
a. the facility is kept in a clean and sanitary condition, including but not limited to
providing for professional pest control as needed;
(b) the facility is free from hazards to the safety of tenants of the facility, employees,
volunteers or visitors;
(c) the facility is supplied with heat in accordance with City of Hamilton By-law 04-091
with respect to the supply of adequate and suitable heat for rental residential
premises;
(d) all food storage, preparation and service areas meet the requirements of the Food
Premises Regulation under the Health Protection and Promotion Act; and
(e) the facility meets all requirements of the Building Code under the Building Code Act,
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1992 and of the Fire Code under the Fire Protection and Prevention Act, 1997.
PART IV: ADMISSION OF TENANTS
32.(1) The operator shall give every individual a notice of the collection of personal
information in a form approved by the Director of Licensing and the Medical Officer
of Health which describes the procedures under this Schedule for the collection of
personal information about tenants before obtaining an assessment of the individual
under section 33.
(2) The notice under subsection (1) shall also contain:
(a) the legal authority for the collection of personal information about tenants by
inspectors;
(b) the principal purpose or purposes for which the personal information is intended
to be used; and
(c) the title, business address, and business telephone number of an officer or
employee of the City who can answer questions from a tenant of the facility about
the collection of his or her personal information.
(3) Where the operator has not given a individual the notice under subsection (1) and the
individual has been admitted as a tenant, the operator shall give the individual a letter
in a form approved by the Director of Licensing and the Medical Officer of Health, which
contains the information set out in subsections (1) and (2), within seven days after being
directed to do so by the Director of Licensing.
(4) Notwithstanding subsection (1), the operator shall give a notice of the collection of
personal information to a tenant within seven days after being directed to do so by a
registered nurse employed in the Public Health Services Department.
33.(1) Prior to admitting an individual as a tenant of a facility, the operator shall obtain an
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up-to-date assessment from a physician or other member of a regulated health
profession employed by a referring agency designated in the Guidelines, which
provides an opinion as to the level of care services the individual requires.
(2) An operator shall determine on the basis of the assessment referred to in subsection
(1), and the criteria for admission set forth in the Guidelines, whether the level of care
services which is provided in the home is adequate to meet the individual's needs in
relation to the activities of daily living.
34.
An operator shall not admit an individual as a tenant who is not ambulatory, who for
the protection of themselves or others requires placement in a locked unit or who
requires a level of care services which the operator is not authorized to provide in the
facility, except in accordance with the Guidelines.
35.
An operator shall not admit an individual as a tenant without:
(a)
their consent; or
(b)
the consent in writing of their next-of-kin, or attorney for personal care, as the
case may be, if the individual has been declared mentally or physically
incapable of giving consent.
36.
The operator shall enter into a written tenancy agreement with each individual who
is admitted as a tenant of the facility and shall give each such individual a residential
care facility information package prior to entering into the tenancy agreement.
PART V: CARE SERVICES
37. The operator shall provide care services to each tenant in a facility in accordance with
the Guidelines.
DRUGS
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38. The operator shall ensure that all prescription drugs:
(a) are kept in one or more locked drug cabinets, unless the drug requires refrigeration,
or must be kept with the tenant for immediate use; and
(b) are made available only:
(i)
to those tenants for whom they have been prescribed, as directed by a
physician;
(ii)
in a unit-dose medication dispensing system as described in the Guidelines.
39. The operator shall allow self-medication by the tenants of a facility under specified
conditions set out in the Guidelines.
40. If a tenant is prescribed a drug that is a controlled substance as defined in the Controlled
Drugs and Substances Act (Canada) and the operator has not completed a medication
course as described in the Guidelines within the preceding twelve months, then they
shall complete such a medication course no more than thirty days after the drug has
been prescribed.
NUTRITIONAL CARE
41. The operator shall ensure that the tenants of a facility are served daily sufficient food of
good quality and adequate nutritional and caloric value as described in the Guidelines.
INFECTION CONTROL
42. The operator shall ensure that all requirements for the control of infectious diseases that
are set forth in Guidelines are complied with, including recommendations for tuberculosis
screening, immunization programs, reporting requirements, and outbreak control
measures.
MEDICAL CARE
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43.(1) Each tenant of a facility or their next-of-kin, or attorney for personal care, as the case
may be, shall arrange for emergency medical care for the tenant, as required.
(2) Where the tenant, their next-of-kin, or attorney for personal care is unable to arrange
for emergency medical care, or where such emergency medical care is unavailable,
the operator shall arrange for emergency medical care for the tenant.
44. The operator shall allow a tenant's physician or a member of a regulated health
professional who is providing care or treatment to a tenant to enter the facility at any
reasonable time for the purpose of attending to the health of the tenant.
ADDITIONAL CARE
45.(1) Wherever the tenant's physician, the operator, the Medical Officer of Health, or a
member of a regulated health profession who is employed by a referring agency
designated in the Guidelines, determines that a tenant requires additional care
services for their special needs and the tenant, their next-of-kin, or attorney for
personal care has not arranged for such additional care, the operator shall ensure
that such additional care is made available to the tenant while the tenant continues
to reside in the facility.
(2) In ensuring that additional care services are provided under subsection (1), the
operator shall:
(a) consult with the tenant, their next-of-kin, attorney for personal care and/or a
community worker, and prepare a plan which shall include a description of the
health issue and the services being provided to address that health issue and
which may include additional care services, such as additional personal care
services and/or rehabilitative services;
(b) ensure that additional personal care services are provided through a referral to a
community care access centre or to a private community agency;
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(c) where the tenant requires rehabilitative services, support the tenant's
rehabilitative goals in the facility and in the community, which may include
assisting tenant with meal preparation, laundry, household duties and self-
medication.
46. The operator or the employee designated under paragraph 17(2)(a) shall inform the
tenant, as soon as possible, of the provisions of section 148 of the Residential Tenancies
Act, 2006 and may arrange for the transfer of the tenant:
(a) to a long term care facility or other appropriate living arrangement, with the agreement
of the tenant, where an operator is informed by:
(i)
a community care access centre that a tenant of a facility is eligible for
admission to a long term care facility;
(ii)
the tenant's physician or the Medical Officer of Health, that the tenant no
longer requires the level of care services which the facility is authorized to
provide; or
(iii)
the tenant's physician or the Medical Officer of Health, that the tenant requires
a level of care services that the operator is not authorized to provide; or
(b) to a long term care facility, with the agreement of the tenant, where a tenant requires
placement in a locked unit for the protection of themselves or others.
47.
The operator shall ensure that no facility is equipped with a locked unit provided that
the Operator of any facility with a locked unit on date of passage shall make the
necessary changes such as removing locks as soon as possible to eliminate such
locked units.
48.(1) Where a tenant is transferred from a residential care facility to a long term care facility
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or to another facility licensed under this By-law, the operator shall request the tenant,
or, if they are unable to act, their next-of-kin or attorney for personal care, to complete
an authorization in Form 1 for the release of information pertaining to the tenant to
the long term care facility or other licensed residential care facility.
(2) Where a tenant is transferred from a residential care facility to another facility licensed
under this By-law, or to a hospital, the operator shall complete a transfer in Form 2.
PART VI: RECORDS AND REPORTS
49.(1) The operator shall maintain an up-to-date, alphabetical list of the tenants of a facility
which includes the name, sex, date of birth, age and date of admission of each tenant.
(2) The operator shall maintain a separate file for each tenant, which contains the
following information:
(a) sex, date of birth, age, date of admission and date of discharge or death;
(b) name, address and telephone number of next-of-kin;
(c) name and telephone number of the tenant's attorney for personal care, if any;
(d) the name and telephone number of the tenant's physicians;
(e) completed assessment;
(f) the name, address and telephone number of any community agency which is
providing support to the tenant;
(g) tuberculin or chest x-ray testing results, and the dates thereof;
(h) a brief medical history of the tenant, in respect of the care services provided by
the operator under the tenancy agreement (section 36) or any additional care
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services made available by the operator (subsection 45(1)), from the date of their
admission, including medication information, laboratory results, physicians'
orders and staff notes or other records necessary to determining the level of care
services provided;
(i) a residential care facility information package;
(j) particulars of each accident suffered by the tenant while in the facility; and
(k)
any completed Form 1, Form 2 or Form 3.
50. The operator shall make a record in Form 3 of every occurrence with respect to a tenant
of assault, injury or of death that has been reported to coroner, and shall place the
completed Form 3 in the tenant's file and keep it available for inspection by the Medical
Officer of Health.
51. The operator shall ensure that any document or other record of any kind which contains
personal information about a tenant, other than the personal information described in
subsections 49(1) and (2) and section 50, is maintained in a file which is separate from
the file which is maintained pursuant to subsection 49(2) or any other provisions of this
Schedule or the Guidelines.
52. The operator shall ensure that any document or other record of any kind which contains
personal information about the performance of duties by an employee of their facility,
other than personal information described in sections 14, 15 and 16 and subsections
12(f), is maintained in a file which is separate from the file which is maintained pursuant
to the provisions of this Schedule or the Guidelines.
53. The operator shall ensure that documents or records which are kept pursuant to this
Schedule or the Guidelines are kept for at least one year after the tenant, employee or
volunteer ceases to be a tenant, employee or volunteer respectively.
PART VII: INSPECTION AND ENFORCEMENT
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54.(1) The Medical Officer of Health, the General Manager of Planning and Economic
Development, the Chief Fire Prevention Officer, the Chief of the City of Hamilton
Police, the Director of Licensing, or an Officer, at all reasonable times, may inspect
any facility and the list of tenants required by subsection 49(1) where that subsection
is applicable.
(2) The Medical Officer of Health or a member of a regulated health profession
authorized by them, at all reasonable times, may inspect the file of any tenant
required by subsection 49(2) where that subsection is applicable.
55. The operator shall allow the Medical Officer of Health or a member of a regulated health
profession authorized by them, as often as they deem reasonably necessary, to make
inspections of the facility and its operation in order to determine compliance with this
Schedule.
56. The Medical Officer of Health, the Director of Licensing, the General Manager of
Planning and Development and the Chief Fire Prevention Officer are authorized to
enforce the provisions of this Schedule which are within their respective jurisdiction, and
to serve such notices and make and serve such orders as may be necessary to ensure
compliance by the operator.
57. The Medical Officer of Health may:
(a) issue Guidelines for the operation of facilities licensed under this By-Law, including
any matters relating to the health, safety, and well-being of the tenants of a facility,
and shall provide a copy of any such Guidelines and any subsequent additions or
revisions to the operator of each facility licensed under this By-Law;
(b) prescribe the format and content of any forms or other documents required under this
Schedule;
(c) designate the referring agencies which may employ a member of a regulated health
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profession for the purposes of making an assessment under subsection 33(1) and
making a determination under subsection 45(1).
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SCHEDULE 21 (18-320)
FOOD PREMISES
DEFINITIONS
1. In this Schedule:
"Bar/Nightclub" means a Food Premises when:
(a) the primary purpose of the Food Premises is any one or more of the following:
(i)
serving alcohol to customers;
(ii)
entertaining customers by playing live or recorded music; or
(iii) accommodating dancing by customers; and
(b) the Food Premises provides seating in a licensed area, as set out in the Food
Premises' liquor licence, for less than 65% of customers who are served with food
or drink;
"Certificate of Inspection" means a certificate in a form approved by the Medical Officer of
Health which sets out the results of an inspection or inspections conducted under the Health
Protection and Promotion Act, or its regulations;
"Drive-Through Facility" means a Food Premises which offers food or drink though an
attendant to persons remaining in vehicles;
"farmer" means a farmer as defined in the Farming and Food Production Protection Act,
1998;
"Food Premises" means a premises where food or drink for human consumption is
manufactured, processed, prepared, stored, handled, displayed, distributed, transported,
sold or offered for sale, not including a premises that is:
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(a) a dwelling unit, except a dwelling unit used as a Food Premises home business;
(b) entirely exempt from R.R.O. 1990, Reg. 562 entitled "Food Premises" under
section 2 of that Regulation;
(c) in part exempt from R.R.O. 1990, Reg. 562 entitled "Food Premises" under section
3 of that Regulation; or
(d) operated by a farmer, selling or offering for sale primarily produce from his or her
agriculture operation and other Ontario agricultural operations;
"Hess Village Entertainment District" means the geographic area in the City bordered by
Caroline Street to the East, Main Street to the South, Queen Street to the West and King
Street to North as shown in the map attached as Appendix A to this Schedule;
"home business" means a use conducted as a business in a dwelling unit which is
secondary to the use of the dwelling unit as a private residence;
"Public Health Inspector" means a public health inspector employed in the Public Health
Services Department; and
"Security Guard" means a person:
(a)
whose exclusive responsibility or duty while engaged or hired by a Bar/Nightclub
is to guard or patrol the premises for the purpose of ensuring orderly conduct
and protecting persons or property; and
(b)
who is licensed as a security guard under the Private Security and Investigative
Securities Act, 2005.
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LICENCE REQUIRED
2. No person shall operate a Food Premises without a licence.
3. When submitting an application for a licence, an applicant for a licence under this
Schedule shall submit a detailed premises plan, drawn to scale, of the Food Premises
that has been approved by the Director of Licensing and the details of such premises
plan shall include but are not limited to depicting the location, as applicable, of parking
areas, queuing areas, walkways, smoking areas, patios, seating areas, offices, cloak
rooms, dance areas, disc jockey areas, kitchen facilities, bar areas, washrooms, storage
areas, entrances/exits, and exterior waste and recycling receptacles.
4. No licence holder under this Schedule shall change or cause a change to be made to a
premises plan without first obtaining the approval of the Director of Licensing.
DUTIES OF OPERATOR
5. Every person operating a Food Premises shall be responsible for keeping the premises
clean and orderly and maintained in all respects suitable for the purpose for which they
are used, and for keeping the premises adequately lighted and ventilated.
6. Every person operating a Food Premises with a Drive-Through Facility shall install and
maintain waste and recycling receptacles located so as to be accessible to customers
remaining in their vehicles.
PUBLIC HEALTH APPROVAL
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7. A licence to operate a Food Premises shall not be issued until a Public Health Inspector
has informed the Director of Licensing that all requirements under the Health Protection
and Promotion Act and its regulations have been fully complied with.
POSTING OF CERTIFICATES OF INSPECTION
8.
(a)
Every person who operates a Food Premises shall permit a Public Health
Inspector to post a Certificate of Inspection in a clearly visible and conspicuous
location at all entrances by which customers may enter the premises.
(b)
Where a premise described in subsection (a) does not have an entrance by
which customers may enter the premises, the person who operates a Food Premises
shall permit a Public Health Inspector to post a Certificate of Inspection in a clearly
visible and conspicuous location at the pick-up window or other location in the
premises from which customers are served.
(c)
Every person who operates a Food Premises shall permit a Public Health
Inspector at any reasonable time to remove a Certificate of Inspection which has been
posted at the premises.
(d)
When a Certificate of Inspection has been removed by a Public Health
Inspector under subsection (c), the person who operates a Food Premises shall not
post a copy of a Certificate of Inspection or any facsimile of the certificate at any
location on the premises.
DUTIES OF BAR/NIGHTCLUB OPERATORS
9. In addition to complying with sections 2 to 8 inclusive of this Schedule:
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(a) No person shall operate a Food Premise as a Bar/Nightclub, unless upon applying
for a licence and every third year thereafter, upon applying for a licence renewal,
they have submitted to the Director of Licensing a certificate from the Electrical
Safety Authority that the premises complies with the Ontario Electrical Safety
Code; and
(b) No person shall operate a Food Premise as a Bar/Nightclub unless, before the
operation of the Bar/Nightclub commences, they have submitted to the Director of
Licensing:
(i) a noise control plan, satisfactory to the Director of Licensing, which includes a
description of:
1. the maximum volume levels for music within the premises;
2. the wattage of the music or sound-producing systems used on
the premises; and
3. the sound insulation methods or mechanisms used within the building;
and
(ii) a crowd control plan, satisfactory to the Director of Licensing, which includes
a description of the manner in which people seeking entry or re-entry to the
premises may line up outside of the premises prior to entry, including:
1. the location of such line ups;
2. the maximum number of people permitted to be in such line ups; and
3. the procedures used to monitor the line ups; and
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(iii) the name and telephone number of the person(s) designated as the individual
responsible for the operation of the Bar/Nightclub who can be contacted
immediately at the telephone number submitted; and
(c) Every person who operates a Food Premises as a Bar/Nightclub shall, at all times
when the Bar/Nightclub is open, ensure that:
(i)
the Bar/Nightclub is operated in accordance with the noise control plan under
paragraph (b)(i) and the crowd control plan under paragraph (b)(ii);
(ii)
a person designated as the individual responsible for the operation of the
Bar/Nightclub under paragraph (b)(iii) is at the premises;
(iii) the premises are staffed with at least one Security Guard for every 100
customers in attendance at the premises; and
(iv) all Security Guards wear identification or clothing by which they can readily
be identified as Security Guards; and
(d) Every person who operates a Food Premise as a Bar/Nightclub shall, at all times,
ensure that all areas immediately adjacent to the premises are clean and free of
waste and shall install and maintain containers for the deposit of waste.
HESS VILLAGE ENTERTAINMENT DISTRICT
10. Sections 10 to 13 inclusive of this Schedule apply to the Hess Village Entertainment
District, as the Hess Village Entertainment District:
(a) has the highest concentration, in terms capacity, of Bars/Nightclubs, many with
outdoor patios, in the City; and
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(b) May 24 weekend through to the end of September has a large number of
individuals attending such Bars/Nightclubs resulting in:
(i)
significant noise, litter and other nuisances, such as urination in
public places in and around the Hess Village Entertainment District;
(ii)
line-ups to enter the Bars/Nightclubs that pose a safety risk to
pedestrian and vehicular traffic, including inhibiting the flow of
traffic along Hess Street; and
(iii) additional issues related to nuisance and safety resulting from
the large number of individuals in attendance and the consumption
of alcohol, in particular when such Bar/Nightclubs close and these
individuals exit en masse.
11. A minimum of 3 Constables and ½ Sergeant shall be retained for the Hess Village
Entertainment District Friday and Saturday (with Thursdays optional and based on
needs) from 11:00pm to 4:00am beginning May 24 weekend through to the end of
September.
12. Notwithstanding section 11 of this schedule, the Chief of Hamilton Police Services, or
their designate, may:
(a)
change the commencement date of May 24 weekend or the September end
date by giving 48 hours prior notice to the City;
(b)
suspend the requirement to retain 3 Constables and ½ Sergeant for any day
or time period where they decide that such Officers are not required for public
safety, nuisance control or public protection or where such Officers are not
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available; and
13. The City shall pay the cost of the Officers required under section 11.
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SCHEDULE 22 (17-128)
SECOND-HAND GOODS, JEWELLERY AND PRECIOUS METALS BUSINESSES
DEFINITIONS
1.
In this Schedule:
"antiques" means furniture or other goods commonly recognized as collectable because of
their quality, value or age, and reproductions of such goods, but does not include bicycles,
coins, electronic products, jewellery, musical instruments, precious gems, precious metals,
time pieces or tools;
"bicycle" includes but is not limited to a unicycle or a tricycle;
"electronic products" means any type of electronic device, including but not limited to
smartphones, computers, laptops, radios, television receivers and monitors, video cameras,
digital audio players, music systems and associated equipment, microwave appliances, and
global position systems;
"goods" means second-hand bicycles, coins, electronic products, jewellery, precious gems,
musical instruments, time pieces or tools;
"jewellery" means goods of personal adornment made in whole or part of precious gems
or precious metals;
"jewellery and precious metals business operator" means a person operating a business
that purchases jewellery or precious metals for the purpose of smelting the jewellery or
precious metals and includes a jewellery and precious metal business operator who
operates for a short period of time at temporary premises;
"precious metals" includes but are not limited to gold, platinum, or silver;
"purchase" includes but is not limited to taken in exchange, received on consignment ticket
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or otherwise received;
"second-hand goods" means any article that is offered to or taken by a second hand goods
business operator for resale;
"second-hand goods business operator" means a person operating a business that sells
used or previously owned goods, including jewellery and precious metals regardless of age
and condition; and
"seller" means a person who sells or who offers to sell any second-hand goods to a second-
hand business or jewellery and precious metals business.
APPLICATION OF SCHEDULE
1. This Schedule does not apply to:
(c) the business of purchasing or selling antiques or works of art; or
(d) a registered charitable corporation.
GENERAL PROHIBITIONS
2. No person shall operate a second-hand goods business, or jewellery and precious
metals business without a licence to do so.
3. No second-hand goods business operator or jewellery and precious metals business
operator shall purchase, any goods from a person appearing to be under:
(a) the age of 18 years old; or
(b) the influence of alcohol or drugs.
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REQUIREMENTS
4. Every person required to obtain a licence under this Schedule shall obtain a separate
licence for each premises.
5. Every second-hand goods business operator and jewellery and precious metals
business operator shall:
(e) keep their licence posted in a conspicuous location on the premises, so as to be
clearly visible to the public and in a manner satisfactory to a Municipal Officer or
the Hamilton Police Service, at all times during the currency of the licence;
(f) review the electronic Identifiable Stolen Property list sent out by the Hamilton
Police Service on Tuesday, or as needed, and in the event a seller attempts to
sell any of the described goods, contact the Hamilton Police Service within 24
hours;
(g) notify the Hamilton Police Service of the name and description of any goods which
are believed to have been stolen or unlawfully obtained; and
(h) post a sign giving notice of the collection of personal information from sellers in a
form satisfactory to the Director of Licensing in a conspicuous location on the
premises, so as to be clearly visible to the public and in a manner satisfactory to
the Municipal Officer or the Hamilton Police Service, at all times during the
currency of the licence.
Record of Purchase
6. Every second-hand goods business operator, and jewellery and precious metals
business operator shall ensure that, without delay, at the time any good is purchased,
a record of the purchase is made and includes:
(e) the day, month, year and time of the purchase;
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(f) the price or other consideration given;
(g) the type of identification presented;
(h) the full name, telephone number and address of the seller as shown on at least 1
piece of identification that contains this information as well as a photograph of the
seller;
(i) a detailed description of each good that shall be reasonably sufficient to identify
it, including; make, model, serial numbers, weight, colour, engravings, markings
and titles, where applicable and, in the case of a temporary business, a
photograph or photographs clearly showing the jewellery or precious metals;
(j) a signed certificate of ownership from the seller certifying that they are the owner
of each good; and
(k) the name of the employee who conducted the transaction.
7. Every second-hand goods business operator and jewellery and precious metals
business operator shall ensure that the record of purchase under section 7 is:
(g) made by hand in ink or electronically, either as approve in advance by the Director
of Licensing;
(h) easily readable and in English;
(i) not altered or deleted once completed;
(j) protected from loss or destruction;
(k) kept for a minimum of one year; and
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(l) submitted
electronically
to
the
Hamilton
Police
Service
via
[email protected], weekly each Thursday before close of
business, or as requested, excluding 7 (c), (d) and (f).
8. Every second-hand goods business operator and jewellery and precious metals
business operator shall only deliver the signed certificate of ownership from the seller
and the full name, telephone number and address of the seller to the Hamilton Police
Service, if requested in writing and such request shall indicate that it is being made
to aid an investigation undertaken with a view to a law enforcement proceeding or
from which a law enforcement proceeding is likely to result.
Retention Period
10.(1) Every second-hand goods business operator and jewellery and precious metals
business operator shall retain all purchased goods on the premises of the
business in an unchanged condition for a period of at least 30 days after the day
on which the good was purchased.
(2) The 30-day retention period commences on the day following the day on which
the good was purchased, and ends with the close of business on the 30th day
thereafter.
11. Section 10 does not apply to the sale of pre-recorded or recordable audio or video
media.
12. During the 30-day retention period, every second-hand goods business operator
and jewellery and precious metals business operator shall:
(a) make the goods available for inspection by a Municipal Officer or the Hamilton
Police Service; and
(b) not sell or otherwise dispose of or permit the sale or other disposal of the goods.
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13. Despite section 10, for the purpose of completing an investigation, the Hamilton
Police Service may request that a good suspected of having been stolen be retained
for an additional period of time beyond the 30-days and when so requested, the
second-hand goods business operator and jewellery and precious metals business
operator shall ensure that the said good is not sold, exchanged, altered, repaired,
disposed of or in any way parted with until after the expiration of the additional period
of time.
Alternate Storage
14. A second-hand goods business operator and jewellery and precious metals business
operator may store goods at an alternate storage facility within a 50 km radius of the
City during the retention period if:
(a)
the size, value or quantity of the goods requires such alternate storage; or
(b)
in the case of a temporary business, the location of the event does not
reasonably allow for the secure storage of the goods.
If a second-hand goods business operator or a jewellery and precious metals business
operator, stores goods at an alternate storage facility pursuant to section 14, the
location of the goods must be reported to the Hamilton Police Service via
[email protected] in writing immediately following the transfer to the
alternate storage facility.
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SCHEDULE 23
SEASONAL PRODUCE VENDORS
1.
In this Schedule:
"seasonal produce vendor" means a person who sells or offers for sale seasonal
produce, including, but not be limited to, fresh fruits and vegetables and Christmas
trees, at a location on privately owned property.
2.(1) No person shall carry on the business, trade or occupation of a seasonal produce
vendor without a licence.
(2) A licence is not required for selling seasonal produce:
(a) to wholesale or retail dealers in seasonal produce;
(b) which is grown in the City and is sold by the grower or his or her agent or
employee at the premise of the grower where the seasonal produce is grown;
(c) by an agent of the grower acting on behalf of a dealer who is licensed in respect
of premises used for the sale of such seasonal produce pursuant to this Schedule;
(d) by an agent of the grower acting on behalf of a dealer who pays business tax in
the City in respect of premises used for the sale of such seasonal produce; or,
(e) to persons, organizations, associations or groups who contribute to the
enrichment of community life within the City provided that the person,
organization, association or group which purchases the produce is directly
responsible for the retail operation and that all proceeds derived from the sale are
used to further the enrichment of community life in the City.
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3. The applicant for a seasonal produce vendor's licence shall provide the Director of
Licensing with:
(a) written proof that he or she has the permission of the owner of the property upon
which seasonal produce will be offered for sale, to use the property for such
purposes, at the time the application is filed; and
(b) verification from the Building Services Division of the Planning and Economic
Development Department of the City, that the use of the property upon which
seasonal produce will be offered for sale, is permitted under the applicable zoning
by-law.
4.
A seasonal produce vendor:
(a) shall not place any signs, stands, or other things used in connection with the sale
of seasonal produce on a road allowance;
(b) shall not place any stand or fresh produce within 4.5 meters of any lot line abutting
a road allowance;
(c) shall not place any signs advertising the sale of the seasonal produce on the
property which are not in compliance with the sign by-law;
(d) shall ensure that any signs advertising the sale of seasonal produce shall be
located on the property in such a manner as to comply with the sign by-law; and
(e) shall ensure that all seasonal produce, and signs, stands, or other things used in
connection with the sale of seasonal produce are removed from the property
when the seasonal produce is no longer being offered for sale on each day during
the term of the licence.
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5. A licence for seasonal produce vendor shall not be issued for a period which
exceeds 45 days in duration.
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SCHEDULE 24(17-013) (20-128)
PERSONAL TRANSPORTATION PROVIDER
DEFINITIONS (20-128)
1.
In this Schedule:
"business day" means a day on which the City's administrative offices are open for
business;
"facilitating" in all its forms includes but is not limited to offering, operating or
providing;
"model year" means the year of the vehicle as identified on the Owner's Vehicle
Permit Portion to be calculated from January 1st to December 31st, (18-252)
"personal transportation provider" means any person facilitating prearranged
transportation services for compensation using any platform to connect passengers
with PTP driver and may also be referred to as a "PTP";
"personal transportation provider driver" means any person affiliated with a PTP
who transports passengers for compensation using a PTP platform and may also be
referred to as a "PTP driver";
"personal transportation provider identifier" means a sign, including a decal,
displaying the logo or name of the PTP through which a PTP driver is providing
transportation service to passengers, and such other information as required by the
Director of Licensing, in a form approved by the Director of Licensing and may also be
referred to as a "PTP identifier";
"personal transportation provider licence" means a licence issued under this
Schedule and may also be referred to as a "PTP licence";
"personal transportation provider vehicle" means a vehicle used by a PTP driver
to provide transportation to a passenger using a PTP platform and may also be referred
to as a "PTP vehicle";
"platform" means any software, technology, or service, including a smartphone
application, intended to connect passengers with transportation service;
"solicit" means any appeal for customers or passengers by sound, words, signs, or
gesturers directed at any person;
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"street hail" means any appeal for a ride by any person using sounds, words, signs,
or gestures directed at a PTP driver, but does not include communication over a PTP
platform; and
"transportation service" means each prearranged trip in a PTP vehicle commencing
when a passenger enters the vehicle, continuing for the period that the vehicle is
continuously occupied, and ending when all passengers or goods exit the vehicle.
APPLICATION OF SCHEDULE
2.
This Schedule does not apply to:
(a) taxicab services dispatched by a licensed taxicab broker and taxicab services
provided by a licensed taxi plate holder or a licensed taxicab driver under the
authority of Schedule 25: Taxicabs of By-law 07-170;
(b) limousine services provided by a limousine service provider under the authority of
Schedule 8: Limousines of By-law 07-170;
(c) a motor vehicle used as part of a transit system provided by the City of Hamilton
such as the public transit service known as the Hamilton Street Railway;
(d) a person who facilitates "carpooling" as defined by the Public Vehicles Act; or
(e) an emergency motor vehicle including but not limited to ambulance, fire department
vehicle, or police vehicle.
GENERAL PROHIBITIONS AND OBLIGATIONS
3.
No person shall hold themselves out to be a PTP or shall engage in the business of a
PTP unless they hold a current and valid PTP licence.
4.
No person shall facilitate or make any representations as a PTP or a PTP driver unless
authorized to do so by a PTP licensed by the City.
5.
No PTP shall permit or condone the acceptance of street hails or the solicitation of
passengers by PTP drivers, whether on the street or at a taxi stand or in any other
manner at any other location.
6.
No PTP shall facilitate a transportation service for compensation using any platform to
connect any passenger with a driver or with a vehicle that does not comply with this
Schedule.
7.
No PTP shall permit an affiliated PTP driver to provide transportation services if the
PTP driver does not have the insurance required under this Schedule.
8.
No PTP shall permit and no PTP driver shall accept payment by cash for a
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transportation service facilitated by the PTP.
9.
No PTP and no PTP driver shall permit any person to smoke in the PTP vehicle while
it is providing transportation services.
10. Every PTP and PTP driver shall ensure that the identification card required under
subsection 21 (1) is in the PTP vehicle at all times when transportation services
affiliated with the PTP are offered or provided.
11. On demand of the Director of Licensing or a Municipal Officer, the PTP driver shall:
(a) produce any of the following:
(i) the PTP driver's identification card;
(ii) valid insurance that meets the requirements of this Schedule; and
(iii) any other information pertaining to the PTP driver or the operation of the PTP
vehicle as requested by the Municipal Officer.
(b) submit the PTP vehicle operated by the PTP driver for inspection at a time and
location specified by the Director of Licensing or Municipal Officer.
12. Every person, PTP or PTP driver who contravenes this Schedule is guilty of an offence
as outlined in the General Provisions of this By-law.
13. Every PTP and PTP driver shall ensure that the identification card required under
subsection 21(1):
(a) is in the PTP vehicle at all times when transportation services affiliated with the
PTP are offered or provided; and
(b) is produced immediately upon demand of a Municipal Officer.
PTP LICENSING (20-128)
14. Every person who owns or operates a PTP shall obtain a PTP licence.
15. An issued PTP licence is not transferable and remains at all times the property of the
City.
Licence Application (20-128)
16. An application for a new PTP licence shall be made to the Licensing Section using the
forms approved by the Director of Licensing.
17. In addition to complying with the General Provisions of this By-law, an application for
a new PTP licence shall be accompanied by:
(a)
if the applicant is a corporation, proof that it is legally entitled to operate in Ontario,
including but not limited to:
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(i)
a copy of the incorporating documents;
(ii)
a copy of the last initial notice/notice of change which has been filed with
the appropriate government department;
(iii) a Certificate of Status issued by the Ministry of Government and Consumer
Services; and
(iv) a certified copy of an annual return and a list of all shareholders of the
corporation.
(b) If the applicant is a partnership, the names and addresses of each member of the
partnership as well as the name under which the partnership intends to carry on
business and proof of the business name registration;
(c) a demonstration that there are data security measures in place to protect the
personal data collected by the PTP relating to passengers and drivers, to the
satisfaction of the Director of Licensing;
(d) proof of the insurance required under this Schedule to the satisfaction of the
Director of Licensing;
(e) any other information as required by the Director of Licensing.
Licence Renewal (20-128)
18. In addition to complying with the General Provisions of this By-law an application for a
renewal PTP licence shall be accompanied by:
(a) a completed renewal application;
(b) proof of the insurance required under this Schedule to the satisfaction of the
Director of Licensing;
(c) adequate demonstration that there are data security measures in place to protect
the personal data collected by the PTP relating to passengers and drivers, to the
satisfaction of the Director of Licensing; and
(d) any other information required by the Director of Licensing.
PTP REQUIREMENTS
Information to Passengers
19. Every PTP shall ensure the platform used:
(a) at the time the transportation service is arranged, can provide to the passenger
requesting the transportation service:
(i)
the PTP name and contact information;
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(ii)
the first name and photograph of the PTP driver;
(iii)
a description of the make, model and licence plate of the PTP vehicle;
(v)
the surcharge, if any;
(vi)
an estimate of the total cost; and
(vii)
the current location of the PTP vehicle.
(b) provides a link to rate or provide comment of the PTP driver and PTP vehicle.
(c) provides a process allowing the passenger to accept or refuse the transportation
service prior to it commencing and to keep a record of such acceptance or refusal;
(d) provides a secure payment mechanism; and
(e) provides a printed or electronic receipt to the passenger at the end of the
transportation service that includes information confirming:
(i)
the fare rate and/or surcharges;
(ii)
total amount paid;
(iii)
date and time of pickup;
(iv)
locations where the passenger was picked up and dropped off; and
(vii)
the first name of the PTP driver.
20. Every PTP shall make available to the public on its platform, and by any other means
of its choice, the following information:
(a) the insurance coverage required to be maintained by the PTP and by the PTP
drivers;
(b) the transportation services offered by PTP drivers;
(c) the applicable screening process for PTP drivers and PTP vehicles;
(d) that PTP drivers can only provide transportation services that are prearranged
using the platform of the PTP and cannot accept street hails or pick up fares at taxi
stands; and
(e) that PTP drivers cannot accept cash payment for transportation services.
Identification
21.(1) Every PTP shall issue to every affiliated PTP driver a current and up-to-date
identification card in written or electronic form providing the following information:
(a) the first and last name and photograph of the PTP driver;
(b) the make, model and licence plate number of the PTP vehicle used by the PTP
driver affiliated with the PTP; and
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(c) the name and contact information of the PTP with which the PTP driver is
affiliated.
(2) Every PTP shall issue to every affiliated PTP driver a PTP identifier, to be located in
the front windshield of the PTP vehicle and visible from the exterior at all times while
offering or providing transportation services.
Data Collection Records
22.(1) Every PTP shall create and maintain records of the following information:
(a) the total number of transportation services provided by the PTP, annually;
(b) the total number of PTP drivers providing a transportation service, annually;
(c) the total number of PTP vehicles providing a transportation service, annually;
(d) the PTP driver and PTP vehicle information corresponding with each requested
transportation service, including:
(i)
the full name of the PTP driver;
(ii)
the licence plate number of the PTP vehicle;
(iii)
the date, time and duration of the transportation service;
(iv)
the location where the passenger was picked up and dropped off; and
(v)
the hours and minutes spent by the PTP vehicle transporting the
passenger(s), including time spent enroute to pick up the passenger(s).
(2) All information under subsection 23(1) is required to be kept by the PTP for a rolling
3 year window from the current date created.
23.
Every PTP shall make the records in subsection 23(1) available electronically to the
Director of Licensing within 2 business days following a demand in writing by the
Director of Licensing.
Access to Software or Platform
24.
A PTP shall be required, if requested by the Director of Licensing, to create
anonymous passenger and driver accounts to be used by Municipal Officers for
inspection purposes to ensure compliance with this Schedule.
Insurance
25.(1) Every PTP shall obtain and maintain while licensed under this Schedule the following
minimum insurance requirements:
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(a) Commercial General Liability insurance subject to limits of not less than Five
Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death
and damage to property including loss of use, that includes:
(i) blanket contractual liability; premises, property and operations liability;
(ii) products and completed operations liability;
(iii) contingent employers liability; personal injury, owners and contractors
protective coverage;
(iv) broad form property damage; occurrence property damage; and
(v) employees as additional insured, and cross liability and severability of
interest provision.
(b) such Commercial General Liability policy shall be in the name of the PTP and
the City of Hamilton shall be named as an additional insured;
(c) the PTP shall also obtain Non-Owned Automobile Insurance with limits of not
less than Five Million Dollars ($5,000,000.00) per occurrence; and
(d) the insurance required under subsections (a) and (c) shall contain an
endorsement to provide the City of Hamilton no less than 30 days prior written
notice, from the insurer, of any cancellation.
(2)(a) It is a condition of a PTP licence that the PTP comply with subsection 26(1) at
all times.
(b) The PTP licence shall be suspended if the PTP fails to comply with subsection
26(1) until such time as the PTP satisfies the Director of Licensing that there
is full compliance.
(c) The PTP shall provide the Director of Licensing with such information as the
Director of Licensing shall require to demonstrate that subsection 26(1) is
being complied with.
Requirements related to PTP Driver
26.
Every PTP shall keep an up-to-date list of every affiliated PTP driver and PTP vehicle
in a readily accessible format that includes:
(a) the full name and address of every PTP driver; and
(b) the make, model and licence plate of every PTP vehicle.
27.
Every PTP shall ensure that an affiliated PTP driver meets the following requirements
prior to commencing as a PTP driver and at all times when providing transportation
services:
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(a) is at least 18 years of age;
(b) has a valid G licence;
(c) is able to communicate in English; and
(d) has been advised and consents to the personal information being submitted
to the Director of Licensing for the purpose of auditing compliance with this
Schedule.
28.
(1) The PTP shall receive a criminal record check and a driving record abstract for
each driver.
(2) The PTP shall review the criminal record check and the driving record abstract
and, acting as a reasonable PTP, determine if the driver is suitable for providing
transportation services.
(3) The criminal record check, no older than 90 days, and the driving record abstract,
no older than 30 days, shall be submitted to and reviewed by the PTP before the
driver begins as a PTP driver and at the end of every subsequent 12 month period
while the driver continues as a PTP driver.
29. Every PTP shall keep copies of the documents and information required under sections
27, 28 and 29 for 3 years after the PTP driver ceases to be affiliated with the PTP.
30. Every PTP shall make available to the Director of Licensing the records or information
required in sections 27, 28, 29 within 2 business days following a written demand by
the Director of Licensing.
31.(1) Every PTP shall ensure that every PTP driver obtains and maintains, at all times
during the provision of transportation services, Automobile Liability Insurance for
owned or leased PTP vehicles, with limits of not less than Five Million Dollars
($5,000,000.00) inclusive per occurrence for bodily injury, death, and damage to
property. The Automobile Liability Insurance shall include the NPCF 6TN Permission
to Carry Paying Passengers for a Transportation Network endorsement or an
equivalent endorsement acceptable to the Director of Licensing.
(2) The insurance coverage required under subsection 32(1) shall include a provision
whereby the City of Hamilton will be provided with no less than 15 days prior notice
of any cancellation or variation to the policy.
(3) Every PTP shall obtain proof of insurance from every PTP driver evidencing
compliance with the requirements of subsections 32(1) and (2) prior to affiliation with
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the PTP driver, and on an annual basis thereafter and shall keep such records for a
period of 3 years after the PTP driver ceases to be affiliated with the PTP and produce
it to the Director of Licensing on demand.
32.(1) It is a condition of a PTP licence to ensure the denial of a PTP driver's access to the
PTP platform immediately upon being notified by the Director Licensing that the driver
has acted in a manner that is adverse to the public interest, public safety or upon
discovering that a driver is not insured under section 32 and to continue to do so for
so long as required by the Director of Licensing.
(2) The PTP shall provide the Director of Licensing with such information as he or she
shall require to demonstrate that subsection 33(1) is being complied with.
Requirements related to PTP vehicle
33.(1) Every PTP shall ensure that a PTP vehicle meets the following requirements at all
times when providing a transportation service:
(a) the PTP vehicle has a valid and current Ontario Ministry of Transportation
Safety Standards Certificate, prior to commencement of use as a PTP vehicle,
and then annually thereafter; and
(b) the PTP vehicle is no more than ten years old, calculated from the model
year.(18-252)
(2) Every PTP shall obtain and maintain the records required under subsection 34(1) for
a period of 3 years after the PTP vehicle is no longer used to provide the
transportation service.
(3) Every PTP shall make available to the Director of Licensing the records required to
be kept under subsection 34(1) within 2 business days following a demand in writing
from the Director of Licensing.
34.(1) It is a condition of a PTP licence to ensure the denial of a PTP driver's access to the
PTP platform immediately upon being notified by the Director of Licensing that the
driver's vehicle is being operated in a manner that is adverse to the public interest or
to public safety and to continue to do so for so long as required by the Director of
Licensing.
(2) The PTP shall produce the Director of Licensing with such information as he or she
shall require demonstrating that subsection 35(1) is being complied within 2 business
days following a demand in writing from the Director of Licensing.
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SCHEDULE 25
TAXI CABS
DEFINITIONS AND INTERPRETATION
1.(1) In this Schedule:(17-012)
"accessible priority list" means the list of applications for an accessible taxicab
owner licence maintained by the Director of Licensing and made available to the
public with names set out thereon in chronological order as to the date and time of
receipt; (18-040)
"accessible taxicab" means a motor vehicle approved for use as a taxicab by the
Director of Licensing and originally constructed or subsequently modified to permit
the loading, transportation and off-loading of persons confined to a wheelchair, or
similar device used to assist the disabled, without transfer and which motor vehicle
complies with Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles
for the Transportation of Physically Disabled Persons) made under the Highway
Traffic Act;
accessible taxicab driver" means a licensed taxicab driver whose taxicab driver's
licence has been endorsed by the Director of Licensing to permit the licensee to drive
an accessible taxicab in the City of Hamilton;
"accessible taxicab owner" means a licensed taxicab owner whose taxicab owner's
licence has been endorsed by the Director of Licensing to permit the operation of an
accessible taxicab in the City of Hamilton;
"authorized sign" means a parking sign as described in this Schedule;
"By-Law" means By-Law 07-170 unless the context refers otherwise;
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"carry on" when used in reference to a taxicab or to a taxicab brokerage business
means to continuously operate, engage, drive, or make a taxicab available for the
conveyance of passengers for hire or reward and includes waiting for, accepting, or
dispatching orders;
"continuously operate" means to drive a licensed taxicab and/or to make the taxicab
available to the public for the conveyance of passengers for a minimum of eight (8)
hours per day for at least five (5) days per calendar week throughout the calendar
year save and except for suspensions of operation due to necessary repairs provided
that they are made within fourteen (14) calendar days or due to necessary vehicle
replacement due to fitness or age reasons provided that it is completed within thirty
(30) calendar days;
"conveyance" means to carry, transport, transfer or move;
"disabled" means any physically, emotionally or mentally handicapped person who
is unable because of mobility impairment to use a regular public transit facility;
"disabled passenger" means a passenger who is physically disabled;
"dispatch" means the communication of an order or information in any manner
between a taxicab broker and a taxicab driver;
"driver's licence" means a licence issued to a taxicab vehicle driver under this
Schedule and "licensed driver" has a corresponding meaning;
"dues" means any amount of money charged by a taxicab broker to a taxicab owner
to receive orders from the taxicab broker;
"fare" means the amount of money displayed on the taxicab meter at the conclusion
of a trip, or the flat rate allowed under this Schedule for the trip, together with any
additional charges allowed under this Schedule and, where the context so requires,
shall also refer to the Tariff/Fare rates set out in Appendix "1" of this Schedule;
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"Fees Schedule" means the User Fees and Charges By-law, as amended from time
to time;
"fleet" means one or more taxicabs being dispatched by one taxi broker or owned by
the same person;
"fleet owner" means the owner of a fleet;
"grossly unclean person" means a person covered in an amount of dirt and/or other
material so excessive that if transported by the driver, the state of the person could
leave the interior of the vehicle in a unclean state;
"highway" includes a road allowance, a common and public highway, street, avenue,
parkway, boulevard, square, place, bridge, viaduct or trestle, designed and intended
for or used by the general public for the passage of vehicles;
"Highway Traffic Act" means the Highway Traffic Act R.S.O. 1990 c.H. 8, as
amended, and the regulations there under;
"lease" means any contract, agreement, understanding or other arrangement
whereby an owner permits another person to manage, operate, control, have custody
of, or otherwise employ his or her taxicab and owner's plate, other than permitting a
driver to drive the taxicab for one normal driver's shift where the taxicab is returned
to the owner at the end of such shift; and "to lease a taxicab" includes the act of any
owner in entering into or becoming a party to such a contract, agreement,
understanding or other arrangement. Without limiting the generality of the foregoing,
"lease" also includes a power of attorney, management contract and any other
arrangement or agreement whereby any person other than an owner is allowed to
exercise or does exercise any of the rights set out herein;
"lease agreement" means a written agreement wherein a limited interest in a licence
is temporarily transferred by a taxicab owner, and containing terms and conditions
prescribed in section 49 and any other terms and conditions not contrary to this
Schedule;
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"lessee" means a person who is either a licensed taxicab owner or taxicab driver
under this Schedule and who has entered into a lease with a licensed taxicab owner
through which the person acquires certain rights from the owner and under takes to
fulfill certain responsibilities with respect to the use of the taxicab owner's licence,
licence plate and vehicle and shall have all the obligations and duties of a taxicab
owner in this Schedule;
"lessor" means a taxicab owner licensed under this Schedule and who has entered
into a lease with a licensed taxicab owner or taxicab driver through which the owner
gives certain rights but maintains the responsibility to ensure that the lessee carries
on or engages in the conveyance of passengers while in compliance with the
provisions of this Schedule;
"licence" means the document issued, pursuant to this Schedule, to an applicant for
same by the City as evidence of being licensed under this Schedule;
"licensee" means any person licensed under this Schedule;
"licensed" means licensed under this Schedule;
"model year" means the year of the vehicle as identified on the Owner's Vehicle
Permit Portion to be calculated from January 1st to December 31st; (18-252)
"motor vehicle" means an automobile and any other vehicle propelled or driven other
than by muscular power, but does not include the cars of electric or steam railways,
or a motorized snow vehicle, traction engine, farm tractor, self propelled implement
of husbandry or road-building machine within the meaning of the Highway Traffic Act
R.S.O. 1990 c.H. 8;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
and any regulations there under;
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"new accessible taxicab owner's licence" means an accessible taxicab owner's
licence issued, transferred or purchased after September 2017, except renewals
existing at the date of the enactment of this Schedule; (18-040)
"new taxicab owner's licences" means taxicab owner's licences issued after the
original date of enactment of this Schedule, May 28, 2003, save and except renewals
or approved transfers of taxicab owner's licences existing at the date of the enactment
of this Schedule;
"order" means a request for the conveyance of passengers by a taxicab received by
a taxicab broker;
(i)
"owner" means owner of a taxicab plate; and
(ii)
"owner's plate" means a metal vehicle licence plate bearing a number
specific to a vehicle issued to a taxicab owner under this Schedule;
"passenger" means any person in a taxicab other than the driver;
"party" means any person who has an interest in any premise or vehicle licensed
under this Schedule and includes the City;
"Priority List" means the list of applicants for a taxicab owner licence maintained by
the Director of Licensing and made available to the public with names set out thereon
in chronological order as to the date and time of receipt;
"public place" means places to which the public is invited and include parking lots,
plazas, municipal properties and road allowances;
"registered owner" means the person shown to be the owner of a motor vehicle
according to the records maintained by the Registrar of Vehicles for the Province of
Ontario;
"revoke" means to withdraw or rescind;
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"Safety Standard Certificate" means a safety standard certificate issues pursuant
to Section 88 to 100 of the Highway Traffic Act R.S.O. 1990, c H. and is issued by a
government-approved motor vehicle inspection station (MVIS) after a vehicle passes
an inspection which covers the minimum safety requirements for vehicles in the
province of Ontario; (17-259)
"Schedule" means Schedule 25 to By-Law 07-170;
"spare vehicle" means a vehicle that has been authorized by the Issuer of Licenses
to be used as a taxicab in substitution for a vehicle for which an owner's licence has
been issued, pursuant to the provisions of this Schedule;
"sub-lease" means an agreement between a lessee and a person under which the
lessee provides certain rights that he or she has acquired from a licensed owner and
where the person undertakes to fulfil certain responsibilities to the lessee;
"Tariff card" means the card issued by the Director of Licensing setting out the
tariff/fares set out in Appendix "1" and shall at all time be and remain the property of
the City;
"taxicab" has the following meanings:
(i)
for the purposes of Sections 2 and 11, a motor vehicle as defined in the
Highway Traffic Act, used for the conveyance of passengers for hire,
compensation or reward
(ii)
a motor vehicle as defined in the Highway Traffic Act, used for the
conveyance of passengers for hire, compensation or reward for one
specific trip exclusively of one person or group of persons, that is
approved for use by the Director of Licensing and equipped with a
taximeter and four (4) accessible doors and has a seating capacity of
not less than four (4) persons, including the driver, and not more than
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ten (10) persons, including the driver, and may include a van type
vehicle having not less than three doors;
(iii)
a vehicle with the following characteristics: providing transportation on
demand, where the location of boarding of the passenger and the
destination is unknown in advance of the request of the passenger,
where the passenger chooses the destination, where there are no set
routes, schedules or stops for boarding, and where any repeat or
regular trips by a passenger or passengers are made based on the
passengers need or needs for transportation without a relation to the
special features of the vehicle;
"taxicab broker" means any person who carries on the business of accepting calls,
orders and/or dispatching taxicabs that are used for hire;
"taxicab driver" means a person who is licensed as such or required to be licensed
as such under this Schedule and includes a taxicab owner who drives a taxicab;
"taxicab owner" means a person who is licensed as such or required to be licensed
as such under this Schedule and includes a lessee, licensed under this Schedule, of
a taxicab owner's vehicle;
"taximeter" means a measuring device used in a taxicab to calculate the fare payable
for a meter trip;
"taxicab stand" means a stand or place on a highway or area of land set aside or
assigned by the City for the purpose of providing a site for use by a taxicab or taxicabs
while it is waiting for, picking up, or otherwise carrying on or engaged in the
conveyance of passengers and that is marked by authorized signs;
"trip" means the distance and time traveling or the distance and time to be traveling
measured from the time and point at which the passenger first enters the taxicab or
when the meter is first engaged to the time and point at which the passenger finally
leaves the taxicab or the meter is disengaged;
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"trip sheet" means the written record of the details of each trip of a taxicab as
prescribed in this Schedule; and
"vehicle" means a motor vehicle.
(2) In this Schedule unless the context otherwise requires words imparting the singular
number shall include the plural, and words imparting the masculine gender shall
include the feminine and further, the converse of the foregoing also applies where the
context so requires.
SCOPE and APPLICATION OF SCHEDULE
2.(1) The licensing and fare provisions of this Schedule shall apply to the owners and
drivers of taxicabs while waiting for or carrying on or being engaged in the
conveyance of passengers originating from any point within the City and to taxicab
brokers if any part of the business is carried on within the City even where the
business premises of the brokerage business is located outside the City.
(2) This Schedule shall apply to brokers, owners and drivers of taxicab vehicles kept or
used for hire in the City of Hamilton. The tariff/fare rates contained in Appendix "1"
attached
hereto
and
forming
part
of
this
Schedule
shall
apply
respectively for use of taxicabs wholly within the City or to any point not more than 5
kilometres beyond its limits.
(3) This Schedule shall apply to any person who is operating a "taxicab" or an "accessible
taxicab" of any type defined in this Schedule when engaged in the provision of a
motor vehicle for hire that is licensed and regulated by the provisions of this Schedule.
EXEMPTIONS
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3.
The licensing and fare provisions of this Schedule shall not apply to the owners and
drivers of taxicabs while:
(a) engaged in the conveyance of goods or passengers from any point within the City
to any point beyond the boundaries of the City where the conveyance is made to
an airport owned and operated by the Crown in Right of Canada by a taxicab
bearing a valid and subsisting plate issued in respect of the airport under the
Government Airport Concession Operations Regulations under the Department
of Transport Act (Canada); and
(b) engaged in the conveyance of a disabled person, pursuant to a written contract
provided the provisions of Section 50 of this Schedule are complied with.
4.
No person shall be required to be licensed under the provisions of this Schedule for
the operation of an ambulance or a funeral hearse.
5.
The operation of a motor vehicle that has seating for 10 or more persons excluding
the driver, does not require a licence under this Schedule.
6.
A conveyance by means of a motor vehicle that:
(a)
is owned by the City of Hamilton, the Hamilton Street Railway Company or the
Disabled and Regional Transit System (hereinafter called "DARTS"); and
(b)
is operated by or on behalf of the City of Hamilton as part of a public
transportation service, including a public transportation service for the
transportation of senior citizens or disabled persons
is exempt from Schedule 8 and Schedule 25.
6a.
A conveyance by means of a motor vehicle that:
(a)
is not owned by the City of Hamilton, the Hamilton Street Railway Company or
DARTS; and
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(b)
is operated by or on behalf of the City of Hamilton as part of a public
transportation service, including a public transportation service for the
transportation of senior citizens or disabled persons
is exempt only from the fare provisions of this Schedule and not from any other
provision under Schedule 8 or Schedule 25.
6b.
For the purposes of section 6 and section 6a, "owned" includes any arrangement for
possession and control of a motor vehicle.
7.
The transportation of students for hire, to and from school within the City of Hamilton
where the vehicle used is a school bus that is licensed under the Public Vehicles Act,
R.S.O. 1990, c.54 does not require a licence under Schedules 8 or 25 of By-Law 07-
170, as amended. In this Schedule, the words "school" and "school bus" shall have
the meanings provided in subsection 175(1) of the Highway Traffic Act.
8.
A motor vehicle licensed under the Public Vehicles Act, being used for the
transportation of children, deemed to be of special need by the school board or other
authority in charge of the school hiring the transportation, does not require a licence
under Schedules 8 and 25 of By-Law 07-170, as amended.
In this Schedule, a reference to "special need" shall be deemed a reference to needs
as provided for in writing in the Transportation Policy of the Board of Education for
the City of Hamilton, and The Hamilton-Wentworth Roman Catholic Separate School
Board Transportation Policy and Regulations of such school board or other authority
in charge of the school, as may be amended or added to from time to time, or as a
board or other authority may accommodate under section 190 of the Education Act,
R.S.O. 1990, c.E.2.
9.
A motor vehicle providing transportation under contract exclusively for children, and
operating in a manner distinct from taxicab is exempt from the requirement for an
owner's or driver's licence under Schedules 8 and 25 of By-Law 07-170, as amended.
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For the purposes of the foregoing, the following meanings shall apply:
(a.)
"contract" means a written agreement to provide regular transportation
services, for the taking of passengers to and from a specific location or to
accommodate a need in common to the passengers in addition to
transportation, with a term of at least one month, with fees for service fixed in
the agreement and not by the metering of time or mileage of actual trips, and
includes an agreement with a facility as opposed to the passengers; and
(b.)
"manner distinct from taxicab" means lacking one or more characteristics
of a taxicab.
SHORT TITLE
10.
This Schedule shall be known as "A By-Law to Regulate Taxicabs and Taxicab
Drivers, Owners and Brokers".
GENERAL PROHIBITIONS
11.(1) No person shall act as or hold oneself out to be a driver of a taxicab or to otherwise
carry on or engage in the conveyance of passengers for hire or compensation within
the City unless licensed as a driver under this Schedule.
(2) No person shall act as or hold oneself out to be the owner of a taxicab or otherwise
carry on or engage in the conveyance of passengers for hire or compensation within
the City unless licensed as an owner under this Schedule.
(3) No person shall act as or hold oneself out to be a broker of a taxicab or otherwise
carry on or engage in the business of accepting orders and dispatching taxicabs for
the conveyance of passengers within the City unless licensed as a taxicab broker
under this Schedule.
(4) No person shall use or operate a motor vehicle to convey persons for hire or
compensation or otherwise carry on or engage in the conveyance of passengers
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within the City except under the authority of a taxicab driver or taxicab owner's
licence.
(5) No person shall represent or cause to be represented that he or she is licensed as a
driver, owner or broker of a taxicab if he or she is not licensed under this Schedule.
(6) No person, other than a driver of a taxicab licensed under this Schedule, shall park a
vehicle at any stand marked as a taxicab stand by authorized signs.
(7) No person licensed under this Schedule, when requested to do so by an Municipal
Officer, shall fail to produce or deliver his or her licence and/or any other relevant
documents or things required by this Schedule.
(8) No person shall obstruct an Municipal Officer while engaged in duties under this
Schedule.
(9) No person shall operate a taxicab or act as a driver, owner or broker of a taxicab
while such person's licence is under suspension.
(10) No person licensed as an owner or a broker of a taxicab pursuant to this
Schedule shall acquiesce in or permit a driver, whose licence is under suspension, to
drive a taxicab under the power or control of such owner or broker.
(11) No owner, operator or driver shall permit or allow any person to smoke in a taxicab.
(12) Except when an on-board camera is being serviced in accordance with this Schedule
and the City's Access and Privacy Policy for Security Cameras in Taxicabs:
(a)
no person shall damage, tamper with or obstruct the view of such on-board
camera;
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(b)
no taxicab driver, taxicab owner or taxicab broker shall permit any person to
damage, tamper with or obstruct the view of such on-board camera.
GENERAL DUTIES - TAXICAB DRIVERS/OWNERS/BROKERS
12.(1) There shall be taken out by every driver, owner and broker of a taxicab, a licence from
the City authorizing such person to carry on or to engage in the conveyance of
passengers for hire or compensation in the City.
(2) Where a person is required to obtain a licence under subsection (1),
(a)
a separate licence certificate shall be issued for each licence applied for, and
(b)
a separate licence certificate shall be issued for each taxicab.
(3) Every licence certificate issued to a taxicab owner or a taxicab broker shall clearly
identify the one vehicle in respect of which the licence was issued to such taxicab
owner or taxicab broker.
(4) Every driver, owner and broker of a taxicab shall report to the Issuer of Licenses
and/or a Municipal Officer, as required, pursuant to the provisions of this Schedule.
(5) Every driver, owner and broker of a taxicab shall provide to the Issuer of Licenses
and any Municipal Officer enforcing this Schedule, upon request and/or when
required pursuant to this Schedule, all records and documents required to be
prepared, retained and/or produced pursuant to this Schedule.
(6) Every driver, owner and broker of a taxicab shall provide to the Director of Licensing
and any Municipal Officer enforcing this Schedule, upon request and/or when
required pursuant to this Schedule, an address within the City of Hamilton for service
for any documents or notices to be provided pursuant to this Schedule or by Law.
(7) For the provision of this Section owner shall include the lessee.
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GENERAL DUTIES - DIRECTOR OF LICENSING
13.
The Director of Licensing shall be responsible:
(a)
to receive and process all applications for licences and for the renewal of
licences to be issued under this Schedule;
(b)
to recommend the issuance and renewal of licences for applicants who meet
the requirements of this Schedule;
(c)
to enforce the provisions of this Schedule;
(d)
to generally perform all of the administration functions required by this
Schedule;
(e)
upon receipt of an application for a licence or renewal thereof or a leasing
agreement proposal made pursuant to this Schedule, make or cause to be
made all investigations required by law, this Schedule or by the Tribunal
relative to such application;
(f)
be responsible for the issuance, suspension and revocation of all licences
pertaining to this Schedule;
(g)
when required, provide to applicants for licences under this Schedule the
appropriate examination paper to be completed;
(h)
maintain a record of all licences issued including the name and address of
each licensee and the number of taxicabs owned by each licensee;
(i)
maintain a record of each vehicle licensed hereunder including the make,
model, year, serial number, the Provincial licence plate number, the taxicab
owner plate number, and the date of the issuance of each licence;
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(j)
issue a licence plate to each licensed taxicab owner;
(k)
issue a Tariff card to each licensed taxicab driver; and
(l)
issue a photo identification card to each licensed taxicab driver.
(m)
to impose conditions on any accessible taxicab owner's licence issued by the
City, transferred or purchased after September 2017 requiring the accessible
taxicab to be in service and available for dispatched calls on:
a)
specified days of the week; and,
b)
specified times of the 24-hour period of any day. (18-040)
LICENSING PREREQUISITES - TAXICAB DRIVERS
14.
No person shall be licensed or have a licence renewed as a taxicab driver:
(a)
unless such person attends in person and not by agent or representative at
the Director of Licensing offices of the City and completes a written application
for such a licence or a renewal thereof;
(b)
unless such person pays all required fees pursuant to the User Fees and
Charges By-law to the Director of Licensing;
(c)
unless such person pays all outstanding fines and/or penalties imposed in
accordance with the Municipal Act, 2001 and/or the Provincial Offences Act to
the Director of Licensing for contravention(s) of this Schedule and/or By-Law
07-170;
(d)
unless such person completes all application forms required under this
Schedule, or as required by the Director of Licensing from time to time, and
files same with the Director of Licensing;
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(e)
unless such person fully completes an application for a taxicab driver's licence
in a form prescribed by and available from the Director of Licensing;
(f)
unless such person provides proof to the Director of Licensing that:
(i)
he or she is at least eighteen (18) years of age and a citizen of Canada,
a landed immigrant, or produces a valid work permit to work as a taxicab
driver, issued by the Government of Canada.
(ii)
he or she holds in his or her name a current, valid, full Class "G" Provincial
motor vehicle driver's licence issued by the Province of Ontario under the
provisions of the Highway Traffic Act which is in good standing according
to the laws of the Province of Ontario and Canada and the records of the
Ministry of Transportation.
(iii)
he or she is able to speak, read and write the English language; and
(g)
unless such person provides a letter of intent to employ from a licensed taxicab
owner, lessee or taxicab broker for whom he or she will be driving;
(h)
unless such person provides a Police Security Clearance Record Check and
a Ministry of Transportation driver's abstract, dated no later than thirty-six (36)
days prior to the application for a licence or renewal thereof, to the Director of
Licensing;
(i)
unless such person meets the requirements of sections 11, 46, 47, 52 and 53
of this Schedule relating to driver duties; and
(j)
where an investigation conducted under subsection 13(e) of this Schedule
reveals that an applicant is not entitled to be licensed under section 12(1) of
the General Provisions;
SERVICE AND SKILLS TRAINING PROGRAM
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15.
It is a condition of every new taxicab driver licence that the taxicab driver:
(a)
undertakes and successfully completes a service and skills training program
which requires:
(i)
completion of a one-day in-class customer service training and
submission of the Customer Service Certificate to the City within 30
days from the date of issuance of the new taxicab driver licence; and
(ii)
completion of an eight-hour on-line taxi driver's training course and
submission of the Certificate of Completion to the City within 90 days
from the date of issuance of the new taxicab driver licence;
(b)
Despite Section15(a), taxicab driver service and skills training and testing
programs are provided by educational institutions that are approved by the
Director of Licensing.(17-012)
LICENSING PREREQUISITES - TAXICAB OWNERS
16.
No person shall be licensed as a taxicab owner or have such a licence renewed:
(a)
unless such person attends in person and not by agent or representative at the
Director of Licensing offices of the City and completes a written application for
such a licence or a renewal thereof,
(i)
where the applicant is a partnership, a partner shall attend for the
purpose of subsection 16(a);
(ii)
where the applicant is a corporation the application shall be completed
and filed personally by an Municipal Officer or director of the
Corporation having signing authority for the purpose of subsection
16(a);
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(b)
unless such person pays all required fees pursuant to the User Fees and
Charges By-law and completes and submits all application forms required under
this Schedule with the Director of Licensing;
(c)
unless such person fully completes an application for a taxicab owner's licence
in a form prescribed by and available from the Director of Licensing;
(d)
unless:
(i)
such person has undertaken and successfully completed the service
and skills training program prescribed by the Director of Licensing under
subsection 15(a). Where the person is a corporation, the person
holding shares carrying at least fifty-one percent (51%) of the voting
rights attached to all shares of the corporation for the time being issued
and outstanding shall have undertaken and successfully completed the
service and skills training program prescribed by the Director of
Licensing under subsection 15(a);
(ii)
if no one person holds at least fifty-one percent (51%) of the voting
rights of the corporation, then the minority shareholder, holding the
greatest percentage of the voting rights attached to all shares of the
corporation for the time being issued and outstanding, shall have
undertaken and successfully completed the service and skills training
program prescribed by the Director of Licensing under subsection
15(a). Where among the minority shareholders there are more than
one minority shareholder holding the greatest percentage of the voting
rights attached to all shares of the corporation for the time being issued
and outstanding, the corporation shall designate the minority
shareholder among such group who shall have undertaken and
successfully completed the service and skills training program
prescribed by the Director of Licensing under subsection 15(a) of
this Schedule.
(iii)
This subsection takes effect on September 30, 2009.
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The successful completion of the service and skills training program under this
subsection shall be determined in accordance with section 15.
(e)
unless such person files with the Director of Licensing proof that he or she holds
a current passenger motor vehicle permit which is in good standing and was
issued only in the applicant's name by the Ontario Ministry of Transportation for
the motor vehicle of which he or she is the owner;
(f)
unless such person produces and files with the Director of Licensing, either an
Ontario Ministry of Transportation Vehicle Inspection Report, showing that the
vehicle to be licensed has been approved and accepted, within the previous
thirty-six (36) days, or a safety standards certificate issued under the Highway
Traffic Act R.S.O. 1990, c. H. 8 within thirty-six (36) days of application;
(g)
unless such person produces and files with the Director of Licensing, a copy of
a current and valid Ontario Standard Automobile Insurance policy for the vehicle
for which such person is the owner and the policy shall be endorsed to provide
that the Director of Licensing will be given at least thirty (30) days' notice in writing
prior to any cancellation, expiration or change in the coverage amount or terms
of the policy and the policy shall have a third party liability limit of no less than
$2,000,000.00 per occurrence, exclusive of interest and costs, indemnifying and
protecting the owner and the public, including passengers and goods carried in
such vehicles, inclusive of public liability and property damage;
(h)
unless, where the applicant is an individual or a partner of a partnership, such
person provides proof that he or she is at least eighteen (18) years of age;
(i)
unless, where the applicant is a corporation, the applicant has submitted to the
Director of Licensing a copy of the incorporating documentation, a copy of the
last initial notice/notice of change which has been filed with the appropriate
government department and a Certificate of Status issued by the Ministry of
Consumer and Business Services;
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(j)
unless, where the applicant is a corporation, the applicant has provided details
of the corporate ownership in a form acceptable to the Director of Licensing;
(k)
unless, where the applicant is a partnership, the applicant has provided details
of the partners and interests in the partnership of each such partner in a form
acceptable to the Director of Licensing;
(l)
unless such person provides a Police Security Clearance Record check, dated
no later than thirty-six (36) days prior to the application for a licence or renewal
thereof, to the Director of Licensing,
(i)
in the case of a partnership, the Police Security Clearance Record check
shall be of each partner; and
(ii)
in the case of a corporation, the Police Security Clearance Record check
shall be of each Municipal Officer, director and shareholder;
(m)
unless the vehicle registered in the persons name meets the requirements of
sections 38 to 43, inclusive, of this Schedule relating to vehicle approval;
(n)
unless such person provides on his or her own or in conjunction with a licensed
taxicab broker, a suitable office for the carrying on or engaging in his or her
business and keeps the same orderly, clean and neat;
(o)
unless the applicant, and in the case of a Corporation an Municipal Officer of the
Corporation, files with the Director of Licensing a valid certificate of completion
of an approved service and skills training program required pursuant to this
Schedule by the Director of Licensing;
(p)
unless the applicant for a taxicab owner's licence has been directly and actively
engaged in taxicab industry for a period of at least twelve (12) months preceding
the date of application;
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(i)
For the purposes of subsection 16(p), "directly and actively engaged in
the taxicab industry" shall mean active for an average of at least 35 hours
per week during at least forty (40) weeks of the previous twelve (12)
month period, preceding the date of application for a licence, in the City
of Hamilton taxicab industry in the capacity of a licensed taxicab driver, a
licensed taxicab owner, a licensed taxicab broker, a taxicab dispatcher, a
taxicab telephone service operator or a taxicab business mechanic;
(ii)
where an applicant has on account of illness, injury or other medical
reasons been unable to meet or fulfill the requirements of subsections
16(p), the applicant may complete and file with the Director of Licensing
in lieu thereof a certification so stating, together with supporting
documentation including a medical certificate from a physician certified
to practice in the Province of Ontario and such other evidence as the
Director of Licensing may require and a certification that he or she has
actually engaged in the taxicab industry on a full time basis in the City
as,
a licensed taxicab driver,
a licensed taxicab owner,
a licensed taxicab broker,
a taxicab dispatcher,
a taxicab telephone service operator, or
a taxicab business mechanic,
for a period of not less than one (1) year immediately preceding the onset
of the medical disability and during any period that the applicant was able
to be so actively engaged during the year preceding the date of
application and is, at the date of application, fit to undertake active
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engagement in the management or day to day operations of his or her
taxicab(s) as defined in subsection 16(q)(i).
(q)
unless the applicant for the renewal of a taxicab owner's licence has been directly
and actively engaged in the management or day to day operations of his or her
taxicab for a period of at least twelve (12) months preceding the date of
application;
(i)
For the purposes of subsection 16(q), "directly and actively engaged in
the management or day to day operations of his or her taxicab(s)" shall
mean active for an average of at least 35 hours per week during at least
forty (40) weeks of the previous twelve (12) month period, preceding the
date of application for a licence or renewal thereof, in the City of Hamilton
in the capacity of a licensed taxicab owner;
(ii)
where an applicant has on account of illness, injury or other medical
reasons been unable to meet or fulfil the requirements of subsection
16(q), the applicant may complete and file with the Director of Licensing
in lieu thereof a certification so stating, together with supporting
documentation including a medical certificate from a physician certified
to practice in the Province of Ontario and such other evidence as the
Director of Licensing may require and a certification that he or she has
actually engaged in operating a taxicab on a full time basis in the City
as a licensed taxicab owner for a period of not less than one (1) year
immediately preceding the onset of the medical disability and during
any period that the applicant was able to be so actively engaged during
the year preceding the date of application and is, at the date of
application, fit to resume active engagement in the management or day
to day operations of his or her taxicab(s).
(r)
Every holder of a taxicab owner's licence shall provide proof that he or she
renewed his/her taxicab plate licence in the year 2000.
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(s)
unless such person meets the requirements of Sections 11, 48, 49, 52 and 53 of
this Schedule relating to owner duties; and
(t)
where an investigation conducted under subsection 13(e) of this Schedule
reveals that the applicant is not entitled to be licensed under Section 12 of the
General Provisions.
(u)
For the provision of this Section, owner shall include the lessee.
LICENSING PREREQUISITES - ACCESSIBLE TAXICAB OWNERS
17.(1) Each applicant for an accessible taxicab owner licence or renewal thereof shall:
(a)
be a licensed taxicab owner with the City of Hamilton in accordance with the
provisions of this Schedule and meet the prerequisites thereof;
(b)
submit his or her taxicab owner licence to the Director of Licensing for
endorsement to permit the use of the taxicab as an accessible taxicab.
17.(2) New accessible taxicab owner licence plates shall be issued:
(a)
first to individuals on the priority list; and,
(b)
second to individuals on the accessible priority list. (18-040)
(3) The issuance of accessible taxicab owner licences under this section shall be subject
to all of the provisions of this By-law, modified as necessary, applicable to the
issuance of taxicab owner licences except that an individual on the Priority List shall
be struck from the Priority List only if he or she is issued an accessible taxicab owner
licence under subsections 17.(1) or (2).
(4) In addition to complying with the provisions of this By-law applicable to accessible
taxicab owners, accessible taxicab owners shall comply with all of the provisions,
modified as necessary, applicable to taxicab owners.
(5) In addition to complying with the provisions of this By-law applicable to accessible
taxicab drivers, accessible taxicab drivers shall comply with all of the provisions,
modified as necessary, applicable to taxicab drivers.
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(6) No accessible taxicab owner shall operate or permit the operation under authority of
his or her licence of a vehicle other than an accessible taxicab approved in advance
by the Director of Licensing.
LICENSING PREREQUISITES - TAXICAB BROKERS
18.
No person shall be licensed as a taxicab broker or have such a licence renewed:
(a)
unless such person attends in person and not by agent or representative at the
Director of Licensing offices of the City and completes a written application for
such a licence or a renewal thereof and where the applicant is a corporation, the
application shall be completed and filed personally by an Municipal Officer or
director of the Corporation having signing authority;
(b)
unless such person pays all required fees pursuant to the User Fees and
Charges By-law and completes and submits all application forms required under
this Schedule with the Director of Licensing;
(c)
unless such person fully completes an application for a taxicab broker's licence
in a form prescribed by and available from the Director of Licensing;
(d)
unless, where the applicant is an individual or a partner, such person provides
proof that he or she is at least eighteen (18) years of age;
(e)
unless such person provides a Police Security Clearance Record check, dated
no later than thirty-six (36) days prior to the application for a licence or renewal
thereof, to the Director of Licensing,
(i)
in the case of a partnership, the Police Security Clearance Record check
shall be of each partner; and
(ii)
in the case of a corporation, the Police Security Clearance Record check
shall be of each Municipal Officer, director and shareholder;
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(f)
unless, where the applicant is a corporation, the applicant has submitted to the
Director of Licensing a copy of the incorporating documentation, a copy of the
last initial notice/notice of change which has been filed with the appropriate
government department and a Certificate of Status issued by the Ministry of
Consumer and Business Services;
(g)
unless, where the applicant is a corporation, the applicant has provided details
of the corporate ownership in a form acceptable to the Director of Licensing;
(h)
unless, where the applicant is a partnership, the applicant has provided details
of the partners and interests in the partnership of each such partner in a form
acceptable to the Director of Licensing;
(i)
unless such person provides proof to the Director of Licensing that the premises
from which he or she intends to operate, carry on or engage in the business of a
taxicab broker, on his or her own or in conjunction with a licensed taxicab owner,
are situated within the limits of the City and will continue to be so situated
throughout the term of his or her licence and are suitable for the operation of,
carrying on or engaging in the taxicab broker business and that such premises
will be kept orderly, clean and neat and comply with applicable zoning;
(j)
unless such person provides proof to the Director of Licensing that he or she has
a satisfactory system for receiving and dispatching calls for the taxicabs
operating within his or her fleet, and that such system will not interfere with the
operation of the taxicabs of another taxi broker, taxicab owner or fleet;
(k)
where, on application for renewal of a broker's licence, the licensee has not
complied with Sections 11, 50, 51, 52 and 53 of this Schedule or where the
licensee has not returned the licence issued for the year immediately prior to
renewal; and
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(l)
where an investigation conducted under subsection 13(e) of this Schedule
reveals that the applicant is not entitled to be licensed under section 35 of the
General Provisions.
(m)
where the licensed broker fails to dispatch an accessible taxicab on a priority
basis to a person with a disability who requests such service. (18-040)
LICENCE FEES
19.
The licence fees to be paid to the City for those licences referred to in this Schedule
shall be as outlined in the User Fees and Charges By-law.
LIMITATIONS
20.(1) The following limitations are imposed on the issuance of taxicab owner licences in the
City:
(a)
A licence issued under this Schedule shall expire one year from the date of
issue or on an earlier or later date as specified by the Director of Licensing and
appearing on the licence unless the licence expires as otherwise provided for
under this Schedule or under the General Provisions of this By-law. If the term
under this paragraph is longer or shorter than one year, then any fee
prescribed shall be prorated accordingly. (14-181)
(b)
The issuance of new taxicab owner's licences shall be in accordance with the
current ratio of taxicab owners' licences to population of one (1) taxicab
owner's licence per 1,170 population.
(2) Notwithstanding any other provision of this Schedule, no taxicab owner's licence
shall be issued, except for renewals or approved transfers, until Council authorizes
the issuance of licences for that year.
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(3) Notwithstanding any other provision of this Schedule, Council may authorize the
issuance of additional temporary licences for major special events in the City, as
determined by Council, expiring upon the termination of the event.
(4) Every licence and licence plate issued under this Schedule is the property of the
City and no person shall enjoy a vested right to a licence issued under this Schedule.
(5) Notwithstanding any other provision of this schedule, the Director or Licensing may
authorize the issuance of additional accessible taxicab plates at his / her discretion.
(18-040)
EXISTING PRIORITY LISTS
21(1). Any and all names on the taxicab owner's licence Priority Lists for the former City of
Hamilton and the former City of Stoney Creek, existing at the original time of passage
and enactment of By-law 03-128, May 28, 2003, shall be transferred to the Priority
List of this Schedule and in the same order of priority as was in existence at such
time. (18-040)
(2) Names of licensed taxicab drivers shall be placed on the accessible priority list in
chronological order from date of application. (18-040)
CLOSURE OF PRIORITY LIST
22.(1) No names shall be added to the Priority List and the Director of Licensing shall not
receive or process any application for entry to the list, subject to the powers of the
Director of Licensing under this Schedule and the powers of Council.
(2) No transfers or changes of position on the Priority List shall be permitted.
(3) Notwithstanding the closure of the priority list, the accessible priority list shall remain
open allowing licensed drivers to be added to the list in order of application date. (18-
040)
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STAYING ON PRIORITY LIST
23.(1) Persons whose names are on the Priority List shall renew their entry on the list on or
before September 30 of each year, by paying the prescribed fee and attending before
the Director of Licensing, to confirm his or her entry on the Priority List as accurate
by filing with the Director of Licensing a sworn declaration to that effect or amend the
details of such entry.
(2) The Director of Licensing may receive and process all renewals and fees from
persons on Priority List.
(3) A person who fails to renew their entry on the Priority List, as required by subsection
23.(1) herein, on or before September 30 shall attend before the Director of Licensing
to pay the prescribed renewal fee together with a late filing fee in accordance with the
Fees Schedule and to confirm his or her entry on the Priority List as accurate by filing
with the Director of Licensing a certification to that effect or amend the details of such
entry, no later than December 31 of that same year, so as to have their entry
maintained on the Priority List, failing which the person's name and entry shall be
struck from the Priority List.
(4) Where a person fails to meet the requirements of this section for staying on the
Priority List and renewal, the Director of Licensing shall delete their name from the
Priority List.
(5) Service of any documents on an applicant on the Priority List shall be made to the
last recorded address filed by the applicant with the Director of Licensing.
(6) Upon a transfer of a licence or a change in ownership of a licence or interest thereof
being approved pursuant to section 31 of this Schedule, the names of the transferor
and transferee shall be struck off the Priority List.
(7) The Director of Licensing shall remove the name of a taxicab owner or a taxicab driver
from the Priority List immediately upon his or her death.
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(8) An applicant for a taxicab owner's licence on the Priority List must be directly and
actively engaged in the taxicab industry, as defined in paragraph 16(p)(i), at all times
to have his or her name remain on the Priority List and to remain on the Priority List:
(a)
the applicant must annually complete and file with the Director of Licensing, a
certification confirming that he or she was directly and actively engaged in the
Hamilton taxicab industry in the capacity of a licensed taxicab driver, a licensed
taxicab owner, a licensed taxicab broker, a taxicab dispatcher, a taxicab
telephone service operator or a taxicab business mechanic, for an average of
at least 35 hours per week during at least forty (40) weeks of the previous
twelve (12) month period;
(b)
where an applicant has on account of illness, injury or other medical reasons
been unable to meet or fulfil the requirements of paragraph 23(8)(a), the
applicant may complete and file with the Director of Licensing in lieu thereof,
a certification so stating together with supporting documentation including a
medical certificate from a physician certified to practice in the Province of
Ontario, and a certification that he or she has actually engaged in operating a
taxicab on a full time basis in the City as,
(i)
a licensed taxicab driver,
(ii)
a licensed taxicab owner,
(iii)
a licensed taxicab broker,
(iv)
taxicab dispatcher,
(v)
a taxicab telephone service operator, or
(vi)
a taxicab business mechanic,
for a period of not less than two (2) consecutive years immediately preceding
the onset of the medical disability.
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(c)
Where an applicant elects to file a certification under paragraph 23(8)(b), the
applicant shall provide evidence, to the satisfaction of the Director of Licensing,
of the medical disability from not less than two duly licensed medical practitioners
of the applicant's choice and, if required by the Director of Licensing, shall submit
to a medical examination by a medical practitioner selected by the Director of
Licensing and the City of Hamilton Human Resources Division.
(d)
Nothing in this subsection 23(8) shall operate to relieve an applicant from any
other applicable conditions or requirements of this Schedule.
(e)
Where an applicant fails to meet the requirements of paragraphs 23(8)(b) and
(c) or the requirements of paragraph 23(8)(a), as the case may be, his or her
name shall be deleted from the Priority List and no licence shall be issued to
that applicant.
(9) Persons whose names are on the accessible priority list must comply with all sub-
sections of this Section 23. (18-040)
ISSUANCE OF OWNER'S LICENCES FROM PRIORITY LIST
24.(1) The Director of Licensing may send a notice to the persons whose names appear on
the Priority List, starting with the person with the earliest application date and
continuing in chronological order, as they become eligible to apply for a taxicab
owner's licence in accordance with subsection 16(v) of this Schedule or as otherwise
directed by Council, provided that if two or more persons have the same application
date, both or all of them shall be eligible to apply for a taxicab owner's licence.
(2) If an applicant fails to provide the Director of Licensing with a current and valid mailing
address on the original application or any amendments thereto, the Director of
Licensing shall not be required to make any additional effort to locate the applicant or
a forwarding address for the applicant. The applicant shall be deemed notified three
(3) days after the notice is mailed to the applicant in accordance with this section.
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(3) A person who is entered on the Priority List, after being notified or deemed notified
by the Director of Licensing under subsections 24(1) and 24(2), shall submit a
completed application with the Director of Licensing within fourteen (14) days of the
date of the said notice together with the following:
(a)
proof of compliance with sections 12 and 14 of this Schedule;
(b)
a certification, in a form prescribed by and available from the Director of
Licensing, that he or she has actively engaged in operating a taxicab full-time
in the City as:
(i)
a taxicab owner;
(ii)
a taxicab driver;
(iii)
a taxicab dispatcher;
(iv)
a taxicab business mechanic; or
(v)
a taxicab telephone service operator,
for a period of not less than two (2) full and consecutive years immediately
preceding the date of filing the completed application; and
(c)
either,
(i)
a certified true copy by the Canada Revenue Agency of income tax
returns for two consecutive years immediately preceding the date of
filing the completed application; and/or
(ii)
any one of, or any combination of the following in respect of the two
consecutive years immediately preceding the date of filing the
completed application:
o a certified copy of record of employment,
o statements of insurable earnings as issued by the Canada
Employment Insurance Commission,
o statements of contributions to the Canada Pension Plan as issued
by the Canada Revenue Agency,
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o monthly charge statements as issued by a taxicab broker operating
in the City of Hamilton,
o original trip records, or
o such other or equivalent documentation as the Director of Licensing
may accept.
(d)
In the case of a taxicab driver, for all purposes of paragraphs 24(3)(b) and
24(3)(c), "one full year" shall mean not less than 1400 hours in a full year;
(e)
In the case of a taxicab dispatcher or telephone service operator, for the
purpose of paragraphs 24(3)(b) and 29(3)(b), "one full year" shall mean not
less than 1400 hours in a full year;
If the applicant fails to submit with the Director of Licensing the required
documentation in the stipulated time, the application shall be voided, no licence
issued and the applicant struck from the Priority List.
(4)(a) The Director of Licensing shall issue the licence to an applicant who complies with
subsection 24(3) and all other applicable provisions of this Schedule and By-law.
(b) If the Director of Licensing refuses a licence for any reason other than the applicant's
failure to submit the required documentation or to do so in the stipulated time, both
under subsection 24(3), the applicant is entitled to a hearing before the Licensing
Tribunal and the hearing shall be in accordance with the General Provisions of this
By-law which provide for a hearing when an application is refused.
(c) When, under this section, a taxicab owner's licence is:
(i)
issued by the Director of Licensing after a Licensing Tribunal hearing;
(ii)
refused by the Director of Licensing when no Licensing Tribunal hearing has
taken place, because such a hearing has not been requested or for some other
reason;
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(iii)
refused after a Licensing Tribunal hearing has taken place, the applicant
whose licence has been issued or refused shall be struck from the Priority List.
(5) No taxicab owner issued a new licence after May 28, 2003 shall lease or give up
possession, custody or control of his or her licensed taxicab for a period of five (5)
years from the date of issuance of his or her licence from the Priority List except to
drivers engaged by the taxicab owner on an individual shift basis in accordance with
this Schedule and except in the case of a vehicle replacement in accordance with this
Schedule.
(6) No person on the Priority List as of May 28, 2003 who is issued a new owner's licence
shall sell, transfer or give up any control or interest of or in the said owner's licence
for a period of five (5) years from the date of issuance of such licence.
(7) Subsections 24(5) and 24(6) do not apply to a taxicab owner issued a new licence
from the Priority List who is sixty-five (65) years old or older and he or she shall be
subject to all other applicable provisions of this Schedule and By-law.
(8) Subsections 24(5) and 24(6) do not apply to a taxicab owner issued a new licence
from the Priority List who dies during the five (5) year period after his or her licence
is issued and the estate of a taxicab owner shall be subject to all the other applicable
provisions of this Schedule and By-law.
(9) Persons whose names are on the accessible priority list must comply with all sub-
sections of this Section 24. (18-040)
EFFECTIVE ISSUE FROM PRIORITY LIST
25.(1) When an owner's licence and plate is issued from the Priority List or as a result of a
draw under section 17(a), the applicant who has been approved for the issuance of
a licence shall, within thirty (30) days of the date of being notified by the Director of
Licensing of the available taxicab owner's licence, affix the licence plate to a vehicle
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registered in his or her name that shall be continuously operated as a taxicab and put
his or her taxicab into operation in accordance with this Schedule.
(2) In the event that the applicant fails to meet the thirty (30) day period set out in
subsection 25(1):
(a)
his or her application for the licence shall be voided;
(b)
he or she shall be ineligible for the licence;
(c)
his or her name shall be struck from the Priority List; and
(d)
the next person on the Priority List shall become eligible for the licence.
(3) Persons whose names are on the accessible priority list must comply with all
subsections of this Section 25. (18-040)
NO VESTED INTEREST OR BINDING EFFECT
26.(1) The Priority List shall not oblige the City to issue a licence to anyone on the list,
regardless of being at the top or the earliest entry, nor give any such person a vested
interest
in
a
taxi
owner
licence
and
its
use
shall
be
solely
for
establishing the order of priority of persons seeking a taxi owner's licence.
(2) Notwithstanding the provisions of sections 21, 22, 23, 24 and 25, Council may, delete
names of individuals from the Priority List.
(3) Subsections (1) and (2) of this Section 26 also applies to individuals on the accessible
priority list. (18-040)
TIME FOR RENEWAL
27.(1) Every licensee shall apply for renewal of a driver's, owner's or taxicab broker's licence
before the expiry date of the licence. Where an application for renewal of a driver's,
owner's or taxicab broker's licence is not delivered to the Offices of the Director of
Licensing in the manner prescribed by this Schedule prior to the expiry date of the
licence, the licence shall be deemed to have been abandoned. Any licensee who
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makes application for renewal of a licence after one month after the expiry date of the
licence shall do so as a new applicant.
(2) The Director of Licensing may forward a renewal notice to all licensees, to the last
address filed by the licence holder with the Director of Licensing. The Director of
Licensing shall not be required to make any additional effort to locate a forwarding
address for the licensee.
(3) The failure to receive a notification of renewal shall not relieve a licensee from the
responsibility to renew a licence issued under this Schedule within the time frame and
in the manner as prescribed in subsection 27(1) of this section.
FEES NON-REFUNDABLE
28.
Unless otherwise provided in this Schedule, any fee required to be paid pursuant to
the Fees Schedule shall not be refunded.
RETURN OF THE LICENCE AFTER REVOCATION OR SUSPENSION
29.(1) When a licence has been revoked or suspended, the holder of the licence shall return
the licence and, if applicable, owner's plate to the Director of Licensing within twenty-
four (24) hours of service of written notice of the decision of the Licensing Tribunal
and the Director of Licensing or Municipal Officer may enter upon the business
premises or vehicles of the licensee for the purpose of receiving, taking or removing
the said licence and owner's plate.
(2) When a person has had his or her licence revoked or suspended under this Schedule,
he or she shall not refuse to deliver up or in any way obstruct or prevent the Director
of Licensing or Municipal Officer from obtaining the licence and the owner's plate in
accordance with subsection 29(1) of this section.
DESTRUCTION or LOSS OF OWNER'S PLATE or PRESCRIBED CARDS
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30. When an owner's plate, the Tariff card, the Taxicab Passengers' Bill of Rights card,
the Taxicab Driver's Bill of Rights card, the driver's photo identification or the licence
is defaced, destroyed or lost, the licensee shall, within seventy-two (72) hours, apply
to the Director of Licensing for a replacement and shall pay the appropriate fee for
same, and the Director of Licensing may issue a replacement.
TRANSFER OF OWNER'S LICENCE
31.(1) For the purposes of this section, "transfer" shall include any transfer, sale or other
form of disposition of an interest in a taxicab owner's licence including but not limited
to the transfer of a partnership interest in a partnership or the controlling interest of a
corporation, which holds a taxicab owner's licence, or an interest of a sole owner of
a taxicab owner's licence.
(2) The licence issued to a taxicab driver or taxicab broker under this Schedule is not
transferable.
(3) The licence issued to a taxicab owner under this Schedule is not transferable except
as otherwise provided for in this Schedule and only upon the approval of
the Director of Licensing.
(4) The name of the holder of a taxicab owner's licence shall not be changed or
transferred unless and until:
(a)
the applicant for a transfer of a taxicab owner's licence or name change has
filed with the Director of Licensing:
(i)
a complete application for transfer of the holder of a taxicab owner's
licence or name change in a form prescribed by and available from the
Director of Licensing;
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(ii)
proof that the proposed new holder of the taxicab owner's licence has
complied with the prerequisites of this Schedule for obtaining a taxicab
owner's licence;
(iii)
a duly executed copy of a written agreement between the holder of the owner
licence and the proposed new holder of the taxicab owner's licence containing
all details of their dealings concerning the taxicab owner's licence and, where
applicable, the taxicab vehicle, equipment and taximeter, and any other thing
included in the agreement pursuant to which the current holder of the taxicab
owner's licence agrees to have the proposed new holder of the taxicab owner's
licence replace him or her as the holder of such licence; and
(iv)
two (2) sworn affidavits, one made by the current holder of the taxicab
owner's licence and the other made by the proposed new holder of the
taxicab owner's licence setting out the true consideration for the taxicab
owner's licence and, where applicable, the taxicab vehicle, equipment
and taximeter and shall also include the interest of the current holder
and the interest of the proposed new holder in the licence and licence
plate, goodwill, if any, and any other thing included in the agreement
and
any
other
details
as
requested
by
the
Issuer
of
the Licenses.
(b)
the proposed transferor of the taxicab owner's licence or name change pays
to the Director of Licensing the required transfer fee as set out in the Fees
Schedule;
(5) The Director of Licensing shall give notice to the current holder of the taxicab owner's
licence of the approval or refusal of such taxicab owner's application for change or
transfer of the holder of such taxicab owner's licence.
(6) Where an application for change or transfer of the holder of a taxicab owner's licence
has been approved by the Director of Licensing, a replacement taxicab owner's
licence will be issued to the proposed new holder of the taxicab owner's licence.
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(7) The purchase of the controlling interest of a corporation which holds a taxicab owner's
licence by any person shall be deemed a transfer of the taxicab owner's licence,
provided that such transfer shall be carried out in compliance with requirements of
this Schedule and shall not be effective until approved by the Director of Licensing.
(8) Where the transfer of the taxicab owner's licence is not approved by the Director of
Licensing, the current licensed taxicab owner may sell his or her vehicle and its
equipment to any person, however, upon such sale, the taxicab owner's licence
issued in respect of such vehicle shall be terminated unless the owner replaces such
vehicle and all required equipment within thirty (30) days from the effective date of
such sale in accordance with section 44 of this Schedule.
(9) Where an application to transfer a licence is not approved by the Director of
Licensing, any administrative fee incurred shall not be refunded, subject to the
authority of Council.
(10) Where a corporation is the holder of a taxicab owner's licence or licences, the
corporation shall forthwith notify the Director of Licensing in writing of any and all
transfers of existing shares and of the issue of any and all new shares of the capital
stock of the corporation.
(11) Where, as a result of the transfer of existing shares or by the issue of new shares of
a corporation, the Director of Licensing has reasonable grounds to believe that the
corporation may not be entitled to the continuation of its licence in accordance with
this Schedule, the Licensing Tribunal may determine whether the licence or licences
shall be revoked or have conditions placed on it.
(12) Where, by the transfer of issued shares in, or by the issuance of new shares of, a
corporation holding one or more taxicab owner's licences, the controlling interest in
such corporation is sold, transferred or acquired, such licence or licences shall be
deemed transferred, and the parties thereto shall comply with the requirements in this
Schedule in respect to a transfer of the Issuer of Licenses may issue a new licence
or new licences upon payment of the prescribed fee.
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(13) The Licensing Tribunal may, in its discretion, refuse to transfer or issue a new licence
or licences to a transferee in a transaction under this section if it determines that it is
not in the public interest so to do or for any other reason which it is authorized by law
to consider upon such application.
(14) Nothing in this section shall obligate the City to approve the transfer of the licence.
DEATH OF LICENCE HOLDER
32.(1) In the event of the death of the holder of a taxicab owner's licence, the heirs,
executors, administrators, successors or other legal representatives shall have a
period of one (1) year(17-012) within which to arrange for the change or transfer of the
name of the holder of the owner licence in accordance with section 32 of this
Schedule, without the licence being revoked, provided that the death of the licensee
was reported to the Director of Licensing within thirty (30) days of its happening.
(2) If the licence expires within the aforementioned period of six (6) months, the heirs,
executors, administrators, successors or assigns or other legal representatives may
renew the licence on the condition that it will expire on the termination of the
aforementioned period of six (6) months.
(3) Nothing in this section shall relieve the transferor and transferee from compliance
with the provisions of this Schedule including but not limited to those in respect to the
transfer of a licence.
NOTIFICATION OF CHANGE OF INFORMATION
33.(1) When a licensee changes his or her name or address or any information relating to
his or her licence, such licensee shall notify the Director of Licensing within six (6)
days of the change of information relating to the licence and shall return the licence
immediately to the Director of Licensing for amendment.
(2) When the licensee is a corporation and there is any change in the relevant information
on the application or licence, including but not limited to names or addresses of
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Municipal Officers or directors, location of the corporate head office or change in the
ownership of shares, the licensee shall report the change to the Director of Licensing
within six (6) days of the change and if necessary, the licence shall be returned
immediately to the Director of Licensing for amendment.
LEASING
34.(1) Except as provided in this section, no taxicab owner shall lease his or her taxicab and
taxicab owner's plate.
(2) A taxicab owner may lease or renew a lease of his or her taxicab owner's plate,
provided that:
(a)
a leasing agreement proposal has been filed with the Director of Licensing
and approval has been granted together with payment of the fee prescribed
by the Director of Licensing;
(b)
the proposal contains a lease agreement which provides for lease of the
taxicab owner's plate
(c)
where a leasing agreement proposal is filed with the Director of Licensing,
the agreement must be in writing, signed by the parties thereto and specify the
following:
(i)
the date of execution of the leasing agreement and its effective date;
(ii)
the name and address of the lessee and lessor;
(iii)
a full description of the vehicle which is the subject of the lease,
including the serial number, the make, model, serial number and year
of the motor vehicle, the Provincial plate number, and the number of the
taxicab owner's licence and plate issued by the Director of Licensing in
respect of such vehicle;
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(iv)
the motor vehicle permit number issued pursuant to the Highway Traffic
Act;
(v)
the term and expiry or termination date of the leasing agreement;
(vi)
the terms and conditions under which the lessee has the right to
possession and control of the vehicle under specified terms and
conditions;
(vii)
all of the lessor's and lessee's rights to early termination of the leasing
agreement;
(viii)
the consideration and the signatures of the lessee, the lessor and the
witnesses thereto;
(ix)
a statement that the leasing agreement is considered null and void in
the event that the owner or lessee either by a written or verbal
agreement sub-leases the taxicab or transfers responsibility for the
operation of the taxicab to a third party;
(x)
the Revenue Canada G.S.T. account number of the lessee;
(xi)
the taxicab owner is responsible for maintenance of and insurance on
the vehicle; and
(xii)
under the terms of the lease the taxicab owner provides a motor vehicle
equipped, inspected, approved and registered in accordance with this
Schedule;
(d)
the lessee is licensed by the City as a taxicab driver and has successfully
completed the approved service and skills training program recognized and
approved by the Director of Licensing and required under this Schedule;
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(e)
the lease pertains to one vehicle, and expires upon the sale, replacement or
other disposition of such vehicle save and except a vehicle replacement made
in accordance with this Schedule; and
(f)
the plate issued to such taxicab owner by the Director of Licensing is affixed
to the right side of the rear bumper of the taxicab which is the subject of the
lease in a conspicuous position or at a location and in a manner as the Director
of Licensing may require, and remains affixed thereto throughout the term of
the lease.
(g)
In the event of a renewal of a leasing agreement, which has been approved
by the Director of Licensing, the taxicab owner shall file with the Director of
Licensing satisfactory evidence of the renewal of same in a form prescribed
by the Director of Licensing.
(3) Where a proposal for a leasing agreement is filed by a taxicab owner in accordance
with the provisions of this Schedule and where the proposal meets all the
requirements as provided for in this section, the Director of Licensing may approve
the proposed leasing agreement.
(4) Where the Director of Licensing denies or refuses to approve a proposed leasing
agreement, written notice shall be given to the taxicab owner by the Director of
Licensing.
(5) Where the Director of Licensing denies or refuses to approve a proposed leasing
agreement, the taxicab owner may appeal the decision to the Licensing Tribunal for
consideration within fourteen (14) days of the receipt or deemed receipt of written
notice of the denial or refusal set out in subsection 34(4). The Licensing Tribunal
shall cause an investigation to be conducted under subsection 13(e) of this Schedule
and where an investigation reveals that the proposal should not be approved because
the lessee or lessor is unlikely to or unable to comply with section 35 of the General
Provisions or where the proposal does not comply with subsection (2) of this section,
the Licensing Tribunal may deny or refuse to approve the proposed leasing
agreement or approve the proposal on specified terms and conditions.
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(6) Where a proposal to lease is not approved by the Licensing Tribunal, any
administrative fees incurred shall not be refunded.
(7) No lessee shall sub-lease or purport to sub-lease a taxicab vehicle to any person.
(8) No taxicab owner shall, by a term in a lease or otherwise, acquiesce in or permit any
lessee or other person to sub-lease or purport sub-lease his or her taxicab vehicle.
(9) Any person licensed under this Schedule who enters into or purports to enter into any
lease or purported lease of a taxicab, other than in accordance with this section, shall,
in
addition
to
any
penalty
to
which
he
or
she
may
be
liable
under this Schedule, be required to attend before the Director of Licensing to show
cause why his or her licence should not be suspended or revoked.
(10)(a)Every owner shall notify the Director of Licensing and the lessee in writing of the
expiration or other sooner termination of any lease to which he or she is a party or of
any change in custody and control over his or her taxicab, at least fifteen (15) days
prior thereto; and provide proof of service upon the lessee by way of a sworn affidavit.
(b)Every lessee shall notify the Director of Licensing and the lessor in writing of the
expiration or other sooner termination of any lease to which he or she is a party or of
any change in custody and control over his or her taxicab, within fifteen (15) days
prior thereto; and provide proof of service upon the owner by way of a sworn affidavit.
(11) Every taxicab owner and lessor shall:
(a)
ensure that every driver or lessee and every other person involved in the
operation of his or her vehicle complies in full with the requirements of this
Schedule;
(b)
maintain knowledge at all times of the identity of any person having custody of
or control over his or her taxicab; and
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(c)
provide full information to the Director of Licensing or his or her designates, as
to any of the facts or records required to be maintained or provided by him or
her pursuant to this Schedule, forthwith upon a request travelling by the
Director of Licensing or his or her designate.
(12) Every taxicab owner shall ensure that every lease filed with the Director of Licensing
sets out fully and accurately all of the facts and terms required by this Schedule and
that such information is kept fully up-to-date and accurate.
(13) No taxicab owner shall enter into or be a party to more than one lease at any
one time with respect to any one of his or her taxicabs.
(14) No person shall enter into or be a party to any agreement or transaction purporting to
transfer, assign, lease or otherwise convey rights over a taxicab licence or plate, or
give or receive any consideration or remuneration travelling, except as part of a
transaction permitted by this Schedule.
(15) No lessor having an authorized lease agreement respecting a taxicab owner's licence
and/or vehicle approved for use as a taxicab shall acquiesce in, allow or permit a
lessee to fail to continuously operate the vehicle for which a taxicab owner's licence
has been issued.
(16) The Director of Licensing shall have the authority to refuse to approve a lease
agreement and/or rescind or withdraw approval of a lease agreement that does not
meet or continue to meet the requirements of this Schedule or on such other grounds
as are consistent with the grounds of refusal set out in section 35 of the General
Provisions.
(17) The lessee shall affix the taxicab plate on the vehicle within forty-eight (48) hours of
the approval of the lease agreement.
(18) All lessees must have and maintain a current City of Hamilton taxicab driver's licence.
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(19) An administration fee shall be charged to a lessee of a taxicab for the late registration
of a lease agreement with the Director of Licensing in accordance with the User Fees
and Charges By-law.
(20) A taxicab owner or lessee shall not undertake more than one lease agreement per
owner's plate at any time in the City of Hamilton.
(21) As of May 29, 2008, a taxicab broker shall not act as an agent or party to any lease
agreement.
CONTRACT AGREEMENTS
35.(1) Subject to Section 156(2) of the Municipal Act, 2001, any owner or driver of a taxicab
is exempt from the fare provisions of this Schedule while engaging in the conveyance
of physically, emotionally, or mentally disabled persons, provided:
(a)
the conveyance is made pursuant to a written contract;
(b)
the written contracts contain the following information:
(i)
specifies the date and point of commencement and the point of
destination of each conveyance;
(ii)
specifies the charge for each conveyance;
(iii)
specifies the frequency of the conveyance; and
(iv)
specifies the nature of the handicap of the person(s) being conveyed.
(c)
the written contracts or copies thereof are filed with the Director of Licensing
upon request;
(d)
the taxicab providing the conveyance is licensed by the City or the municipality
where the conveyance originates and/or ends.
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MEDICAL CERTIFICATE
36.
The Director of Licensing or an Municipal Officer may require a licensed driver, at any
time, to provide the Director of Licensing or such Municipal Officer with a certificate,
prepared by a duly qualified medical practitioner, attesting to whether or not the
licensee is physically fit and able to operate a taxicab, if the Director of Licensing or
such Municipal Officer considers it in the public interest, upon reasonable grounds.
RE-PHOTOGRAPHING OF DRIVERS
37.
If at any time the driver's photograph(s) required on the application for a driver's
licence issued under this Schedule does not have a reasonable likeness and/or clear
image of the driver because of physical changes to the appearance of the driver, the
passage of time, the poor quality of the photography or the deterioration of the
photograph or photo identification card, the Director of Licensing may require that the
driver attend at the Director of Licensing office of the City for another photograph of
himself or herself.
TAXICAB METER
38.(1) Every owner of a taxicab shall have affixed to each taxicab, in respect of which such
owner is licensed, a taxicab meter for registering distance travelled, waiting time and
computing the fares to be paid, and each taxicab meter shall be:
(a)
submitted by such person to the Director of Licensing for testing and inspection
at any time as directed; (18-040)
(b)
illuminated between dusk and dawn;
(c)
located in a position clearly visible to all passengers in the taxicab;
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(d)
adjusted in accordance with the rates prescribed by Appendix '1' (Taxicab
Tariff/Fares) of this Schedule; and
(2) If a taxicab does not use electronic metered device, re-testing and re-sealing of the
taxicab meter will be required as directed.(17-259)
TAXICAB METER ROAD TEST
39.
Where an Municipal Officer is not available to road test and approve the taxicab meter
on a weekend or statutory holiday because the Municipal Officer's services have been
requested outside of the regular business hours of the Director of Licensing, the
licensed taxicab owner or the licensed taxicab driver who has had the taxicab meter
repaired or replaced, may operate the taxicab for a period of up to
twenty-four (24) consecutive hours from the date and time of such repair or
replacement, provided that licensed taxicab driver has in his or her possession a
certificate or receipt for the repair or installation of the taxicab meter, signed by the
person who made the repairs or installation and the receipt sets out the date, time
and nature of the repairs or installation and has notified the Director of Licensing
immediately of the repair or replacement of the taxicab meter.
INSPECTIONS AND APPROVED TAXICABS
40.(1) As of January 1, 2018, former police vehicles will not be permitted to operate as
taxicabs.(17-012)
(2) Any former police vehicle that is operating, as of January 1, 2018, as a taxicab is
permitted to remain as such until the vehicle is ten years old, calculated from the
model year.(18-252)
41.(1) As required by the Director of Licensing, every taxicab owner shall submit their
taxicab for inspections, at the taxicab owner's expense.
(2) The Director of Licensing:
(a)
may specify the establishments where an inspection of a taxicab is to be
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carried out; and
(b)
shall specify, by means of a manual or otherwise, what the inspection is to
consist of which may include but is not limited to:
(i)
a visual exterior and interior inspection of the taxicab;
(ii)
an assessment of mechanical fitness and safety of the taxicab.
(3) At a minimum, a taxicab that is: (17-259)
(a)
to three years old, calculated from the model year shall provide a Safety
Standard Certificate once per year; (18-252)
(b)
more than three years old, calculated from the model year shall provide
two Safety Standard Certificates per year; (18-252)
(c)
randomly out in the field (spot checks);
(d)
by an auditing process that prioritizes inspections of the oldest and high
mileage vehicles; and
(e)
by complaint based.
(4) Every taxicab owner shall provide, at the time of renewing their licence and at such
times as required by the Director of Licensing, at the taxicab owner's expense:
(a)
either:
(i)
an Ontario Ministry of Transportation Vehicle Inspection Report,
showing that the taxicab has been accepted within the past 36 days; or
(ii)
a Safety Standards Certificate issued under the Highway Traffic Act for
the taxicab within 36 days of the inspection date;
(b)
a certificate verifying the onboard camera is fully operational issued by the
camera manufacturer or the camera manufacturer's authorized agent within
36 days of the inspection date. (14-181)
(c)
proof of insurance in the amount of $2,000,000. (18-040)
(5)(a) A taxicab may be approved by the Director of Licensing after all inspections have been
carried out and all reports and certificates have been provided in accordance with this
Schedule.
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(b) When a taxicab has been approved by the Issuer of Licenses, it shall continue to be
approved only so long as:
(i)
the taxicab owner complies with this Schedule; and
(ii)
all inspections, reports and certificates show that the taxicab owner's taxicab
complies with this Schedule.
TAXICAB AGE RESTRICTION (18-252)
42.(1) A taxicab shall be no more than ten years old, calculated from the model year.(18-252)
(2) Despite subsection 42(1):
(a)
a taxicab that is accessible, as determined by the Director of Licensing from
time to time, and is no more than five years old when first approved as a
taxicab, may remain in service until it is ten years old, calculated from the
model year; (18-252)
SPARE TAXICABS
43.(1) The Director of Licensing may approve a vehicle owned by a taxicab owner as a
spare taxicab.
(2) The number of spare taxicabs that may be approved by the Director of Licensing
under subsection 43(1) is limited to one per five taxicabs owned by the taxicab owner
to a maximum of nine.
(3) No taxicab owner shall use a spare taxicab:
(a)
without first giving notice, including the plate number of the taxicab that will be
replaced and the dates when the spare taxicab will be used, to the Director of
Licensing;
(b)
for more than seven consecutive days;
(c)
unless he or she complies with all of the requirements for a taxicab owner
under this Schedule, including complying with section 56 by submitting their
spare taxicab for inspections and by providing Ontario Ministry of
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Transportation Vehicle Inspection Reports or Safety Standards Certificates
issued under the Highway Traffic Act.
(4) No taxicab driver shall drive a spare taxicab unless he or she complies with all of the
requirements for a taxicab driver under this Schedule.
DISPOSAL OF TAXICAB
44.(1) When the licensed owner disposes of or otherwise ceases to use as a taxicab a
vehicle approved for use under this Schedule, he or she shall immediately remove
from such vehicle:
(a)
the roof light,
(b)
the taxicab meter,
(c)
all identifying decals or markings,
(d)
fender or side numbers and letters and
(e)
all other items which make the vehicle appear to the public to be a taxicab.
TARIFFS
45.(1) The rates for fares to be charged by the owners and taxicab drivers for the
conveyance of passengers wholly within the City or to any point not more than five
(5) kilometres beyond its limits shall be exactly as shown in Appendix "1" (Taxicab
Tariff/Fares") attached hereto and forming part of this Schedule, and no higher or
lower amount than that contained in the said tariff shall be charged or payable,
whether such rates sand charges are determined by distance or by time, except in
accordance with Sections 45(2) and (3) and Section 52(1).(17-012)
(2) If a trip destination is located more than five (5) kilometres beyond the City limits, the
taxicab driver and a passenger may agree before the start of the trip to a flat fare to
be charged, but the driver shall operate the taxicab meter for the duration of the
trip.(17-012)
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(3) The taxicab broker may enter into a written flat fare contract with passengers and the
taxicab driver shall charge the passenger such a flat fare, but the taxicab driver shall
operate the taxi meter for the duration of the trip.(17-012)
(4) Upon written request by the Director of Licensing, the contract required by subsection
(3) shall be provided to the Director of Licensing upon demand within two (2) business
days.(17-012)
(5) Nothing contained in this Schedule shall prevent the driver of a taxicab from making
a charge to be negotiated with a passenger prior to the trip, for parcel handling, and
such charge shall not be required to be recorded on the trip record, and shall not
apply to luggage or baggage accompanying a passenger or passengers transported
between any transportation terminal and the pick-up or destination point of the
passenger or passengers.
(6) At the conclusion of a trip, the driver of a taxicab shall call the passenger's attention
to the amount of the fare registered on the meter and place the meter in a non-
recording position.
(7)
No owner or driver of a taxicab shall be entitled to recover or receive any fare or
charge from any person unless the current Tariff card is on display in the holder
provided therefore.
(8) Each taxicab driver 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.
(9) When a passenger first enters a taxicab, the taximeter shall be immediately placed
in operation and shall remain so placed throughout the trip or until such trip extends
to a point 5 kilometres beyond the limits of the City. The shortest and quickest
possible route shall be taken to the destination if within the said limit of 5 kilometres
beyond the limits of the city, unless the passenger designates another route. If a trip
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extends beyond such 5 kilometres limit hereinbefore referred to, the driver and the
passenger may agree before the start of the trip to a flat rate, but the taximeter must
remain in a recording position at all times within such limit.
(10) The amount of the adjustment shall not exceed the percentage annual increment in
the Taxi Cost Index (TCI) as set out in Appendix 6.
DUTIES OF A TAXICAB DRIVER
46.(1) No licensed taxicab driver shall fail to:
(a)
ensure that the Tariff card, Taxicab Passenger's Bill of Rights, Taxicab Driver's
Bill of Rights and taxicab driver's photo identification is in place and maintained
in place in the holder required to be provided in the taxicab pursuant to this
Schedule which such driver is operating;
(b)
when operating a taxicab, be neat and clean in personal appearance and
personal hygiene;
(c)
when operating a taxicab, be civil and behave courteously;
(d)
turn off any radio, tape player or any other sound producing mechanical device
in his or her taxicab and turn down the volume on any two-way radio or cell
phone in his or her possession or control, used for receiving or confirming calls
for his or her taxicab services, upon being requested to do so by any
passenger, and having done so, shall leave such devices in the off or turned
down position, as the case may be, until termination of the trip with that
passenger;
(e)
maintain the interior and exterior of the taxicab within his or her control in a
clean and tidy condition;
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(f)
when operating a taxicab, punctually keep all his or her appointments and
engagements, and no licensed taxicab driver shall make any appointment if a
previous engagement would prevent such driver from fulfilling it;
(g)
except when the driver has a previous order or engagement when operating a
taxicab, serve the first person who may lawfully require the service of his or
her taxicab at any place within the City and at any time during his or her work
shift, whether day or night, except when the person:
(i)
is unruly or disorderly;
(ii)
refuses to give his or her destination;
(iii)
is in possession of an animal other than a seeing-eye dog;
(iv)
is eating or drinking any food or beverage and refuses to dispose of
same prior to entry into the taxicab vehicle;
(v)
has not paid a previous fare or cancellation fee;
(vi)
is, in the reasonable belief of the driver, unable or unwilling to pay the fare
and has been unable or unwilling to satisfy the driver that he or she has
the funds to pay the fare;
(vii)
is a grossly unclean person;
(viii)
in the reasonable belief of the taxicab driver, poses a threat to his or her
personal safety; or
(ix)
is smoking and refuses to extinguish the cigarette, cigar or pipe or other
smoking product and/or instrument prior to entry into the taxicab vehicle
(h)
when operating a taxicab, upon the request of any passenger or whenever
there is a dispute over the fare, provide a complete receipt for the fare or
charge made and paid, indicating thereon:
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(i)
the place of pick up and discharge of such passenger;
(ii)
the taxicab driver's name;
(iii)
the number of his or her taxicab driver licence;
(iv)
the identifying number on the taxicab vehicle;
(v)
the number of the taxicab owner's licence for the vehicle;
(vi)
the Provincial Motor Vehicle Permit Number for the taxicab; and
(vii)
that it is a "Taxicab" receipt;
(i)
when operating a taxicab, take due care of all property delivered or entrusted
to him or her and accepted by him or her for conveyance or safekeeping, and
immediately upon termination of any hiring or engagement, search the interior
of his or her vehicle for any property lost or left therein and forthwith deliver to
the person owning the same all money or property left in his or her taxicab; or
if the owner of the money or property cannot be at once found, deliver all of the
said money and property to the nearest taxicab broker(17-012) and report all
information pertaining thereto in his or her knowledge, possession and belief;
(j)
at the conclusion of a trip, call the passenger's attention to the amount of the
fare registered on the meter and place the meter in a non-recording position
and if the taxicab is equipped to accept debit, credit or payment through an
app, allow the passenger to choose their means of payment;(17-012)
(k)
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;
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(l)
take the shortest in distance and most practical route to the destination
provided by the passenger, unless the passenger directs the taxicab driver to
take another route;
(m)
while operating a taxicab, keep and maintain at all times in such taxicab
sufficient bills and coins such that change may be provided to passengers of
such taxicab;
(n)
be permitted to engage the taxicab meter before the passenger enters the
vehicle, only after the taxicab driver has notified the passenger of his or her
arrival and has waited at least five (5) minutes after the taxicab driver has
notified the passenger of his or her arrival;
(o)
engage the taxicab meter at the commencement of the trip and keep it engaged
throughout the trip, unless otherwise exempted under this Schedule;
(p)
when operating a taxicab, use an electronic format approved by the Director of
Licensing to collect the following information: (17-012)
(i)
the name, address and taxicab driver's licence number of the driver;
(ii)
the date;
(iii)
the number and date of issue of the taxicab owner's licence issued
pursuant to the provisions of this Schedule;
(iv)
the location, date and time of the beginning and end of every trip made
trip and the number of passengers carried;
(v)
the amount of the fare collected for each trip; and
(vi)
the meter readings at the start and finish of each working period;
(q)
provide the owner of the vehicle with a copy of the trip sheets daily;
(r)
retain a record of every trip in an electronic format approved by the Director of
Licensing for at least twelve (12) months following each trip, and make such
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records available to the Director of Licensing upon written request within two
(2) business days; (17-012)
(s)
make his or her trip record and all information as to passengers carried
available to any Municipal Officer and to the Director of Licensing when
requested to do so;
(t)
notify the Director of Licensing in writing within six (6) days of a change of
address and produce his or her licence for that change of address to be
entered;
(u)
each day, before commencing the operation of a taxicab:
(i)
examine the taxicab to ensure it complies with this Schedule including
checking for mechanical defects, interior or exterior damage and a jack
and usable spare tire;
(ii)
report immediately any defects found to the owner of the taxicab;
(iii)
record the examination and its results including any defects reported to
the taxicab owner on the daily trip sheet. (14-181)
(v)
each day, before commencing the operation of a taxicab, examine the vehicle
for mechanical defects, interior or exterior damage, and a jack and usable
spare tire and wheel and shall report forthwith any defects found to the owner
of the vehicle;
(w)
each day, upon completion of the operation of a taxicab, return the vehicle to
his or her employer and report all defects and all accidents to the owner;
(x)
report forthwith to his or her employer and the Director of Licensing any
accident in which he or she was involved while operating his or her employer's
cab;
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(y)
at the expiration of his or her work period return the cab to his or her employer
and shall not at any time abandon the cab or permit any other person to drive
same;
(z)
when operating a taxicab, carry at all times and produce on request of an
Municipal Officer, the driver's licence issued under this Schedule and his or
her Ontario driver's licence;
(aa)
when operating a taxicab, carry and display a current Tariff card at all times
and produce same on request of an Municipal Officer or a passenger;
(bb) when a dispute arises with a passenger about the fare, refer the dispute to
Director of Licensing;
(cc) when operating a taxicab:
(i)
only enter a taxicab stand by taking his or her position at the end of any
line formed by the taxicabs already at the stand;
(ii)
while waiting at a taxicab stand or at any other public place:
not obstruct or interfere in any way with the normal use of the taxicab
or public place, or interfere with the surrounding traffic patterns;
be sufficiently close to his or her taxicab to have it under observation
at all times;
not wash the taxicab; and
not make repairs to his or her taxicab, unless the repairs are
immediately necessary.
(iii)
subject to the Taxicab Passengers' Bill of Rights, not pick up any
passenger within sixty (60) meters of a taxicab stand when there is one
or more taxicabs at the stand:
(18-252)
re-lettering
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unless an arrangement has been previously made with the passenger
to pick him or her up at that location; or,
unless the passenger exhibits a preference for that taxicab, and the
chosen taxicab driver notifies the driver of the first taxicab on the
taxicab stand;
(dd)
provide the medical certificate, as required by the Director of Licensing,
pursuant to section 36 of this Schedule; and
(ee)
in addition to complying with all other requirements of this Schedule with
respect to taxicab drivers, every licensed accessible taxicab driver shall:
(iii)
ensure that all wheelchairs being transported within the taxicab are
securely fastened so as to prevent them from moving when the taxicab
is in motion;
(iv)
ensure that the accessible taxicab he or she is operating:
is equipped with an extra tire, wheel and jack ready for use for that
vehicle;
is in compliance with Regulation 629 of the Revised Regulations of
Ontario, 1990 (Vehicles for the Transportation of Physically
Disabled Persons) made under the Highway Traffic Act; and
has wheelchair tie down that comply with the regulations set out in
subsection (ii) above;
(iii)
ensure that only a person licensed under the provisions of this Schedule
as an accessible taxicab driver, and whose licence is endorsed by the
Director of Licensing, is permitted to drive an accessible taxicab under
his or her control;
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(iv)
keep accurate, daily, records of the number of trips made for disabled
passengers and for non-disabled passengers; and
(v)
give priority to the use of the accessible taxicab by disabled
passengers, and then permit its use for non-disabled passengers.
DRIVER PROHIBITIONS
47.(1) No licensed driver shall;
(a)
operate a taxicab where the number of passengers carried exceeds the
manufacturer's seating capacity rating and no more than the maximum insured
capacity for the vehicle;
(b)
operate a taxicab where seat belts are not available for use by each passenger
carried;
(c)
operate a taxicab with luggage or any object placed in, hung on or attached to
the vehicle in such a manner as will obstruct the drivers view;
(d)
be under the influence of any intoxicant or take, consume or have in his or her
possession any alcohol, drugs or intoxicants while in charge of or operating a
taxicab nor shall the use thereof by him or her be apparent while he or she is
operating or is in charge of such vehicle;
(e)
operate a taxicab for more than 12 consecutive hours during any period of 24
consecutive hours;
(f)
operate a taxicab other than as a taxicab;
(g)
use any fare or Tariff card while operating a taxicab other than the Tariff card
issued by the City;
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(h)
remove, exchange, lend or otherwise dispose of a Tariff card issued by the
City;
(i)
while operating a taxicab take on any additional passengers after the vehicle
has departed from any one starting point, except under the following
circumstances:
(i)
when done at the request of a passenger already in the taxicab; or
(ii)
in an emergency situation; or
(iii)
an accessible taxicab, when engaged in the conveyance of disabled
persons.
(j)
operate a taxicab which does not have an owner's plate affixed thereto;
(k)
operate a taxicab where the owner of the taxicab is not licensed as an owner
under this Schedule;
(l)
when operating a taxicab permit a passenger to stand while the vehicle is in
motion;
(m)
operate a taxicab when the taxicab meter is not in accordance with the then
existing current tariff/fare rates set out in this Schedule;
(n)
operate a taxicab when the taxicab meter does not operate properly;
(o)
operate a taxicab when the taxicab meter seal has been broken, altered or
removed unless authorized under section 39;
(p)
operate a taxicab without door side numbers and/or letters and/or a roof light
as required by this Schedule;
(q)
operate a vehicle which is not approved for use as a taxicab by the Director of
Licensing;
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(r)
operate a taxicab unless such vehicle:
(i)
is equipped with a spare tire and jack, ready for use for that vehicle;
(ii)
meets the standards required for the issue of an acceptance under an
Ontario Ministry of Transportation Vehicle Inspection report, or meets
the standards for the issue of a Safety Standards Certificate of
mechanical fitness;
(iii)
is clean, dry and in good repair as to its interior; and
(iv)
is clean and in good repair as to its exterior, free from exterior body
damage and with a well maintained exterior paint finish.
(s)
recover or receive any fare or charge from any passengers or persons who
had demanded his or her services which is greater or less than the fare, tariff
or charge authorized by this Schedule save and except for a tip or gratuity, or
otherwise as authorized under this Schedule;
(t)
when operating a taxicab recover or receive any fare or charge from any
person to whom he or she has refused to show the Tariff card;
(u)
when operating a taxicab, make any charge for time lost through defects or
inefficiency of the taxicab or the incompetence of the driver;
(v)
when operating a taxicab, make any charge for the time elapsed due to early
arrival of the taxicab in response to a call for the taxicab to arrive at a fixed
time;
(w)
when operating a taxicab, induce any person to engage his or her taxicab by
any misleading or deceiving statement or representation to that person about
the location or distance of any destination named by that person;
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(x)
knowingly drive about the streets in his or her cab any person for the purpose
of soliciting from the cab for acts of prostitution or for the purpose of any illegal
act ;
(y)
solicit any person to take or use his or her taxicab by calling out or shouting.
The person wishing to use or engage a taxicab shall be left to choose without
interruption or solicitation;
(z)
employ or allow any runner or other person to assist or act in concert with such
driver in obtaining any passenger or baggage at any of the public taxicab
stands, railway stations or elsewhere in the said City;
(aa)
carry any passenger who is under the influence of any intoxicant while his or
her taxicab is occupied by a person who is not accompanying the person so
under the influence;
(bb)
carry any person while on duty or subject to call, other than the person or
persons employing his or her services, unless first approved by that person;
(cc)
smoke in a taxicab;
(dd)
transport liquor, spirits, beer or any other alcoholic beverage except in strict
compliance with the applicable legislation;
(ee)
when requested by the Director of Licensing, fail to return or surrender any
licence issued under this Schedule;
(ff)
overcrowd a public taxicab stand, nor back onto the same nor push or displace
any taxicab already in the stand. (A driver who wishes to enter a public taxicab
stand with his or her taxicab shall do so by taking his or her position at the end
of any line formed by other taxicabs already in the stand and when a driver is
either first or second in line in such stand, he or she shall remain in the driver's
seat of his or her taxicab ready to be hired);
(18-252)
re-lettering
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(gg)
while carrying on or engaged in the conveyance of passenger(s) stop, stand
or park a taxicab on any highway except as authorized by law; or
(hh)
take on any additional passenger after the cab has departed with one or more
passengers from any starting point except at the request of a passenger
already in the cab or with the approval of the Issuer of Licences due to special
emergency conditions;
OWNER'S DUTIES
48.(1) No licensed owner or lessee shall fail to:
(a)
hold a separate taxicab owner licence for each vehicle used or kept for hire as
a taxicab;
(b)
obtain and maintain in good standing a taxicab driver's licence issued in
accordance with this Schedule;
(c)
keep at all times in the taxicab of which he or she is the owner, the original, or
a traveling copy of the original, of each of the following documents:
(i)
the motor vehicle registration issued under the Highway Traffic Act and
current Ontario Ministry of Transportation passenger Motor Vehicle
Permit issued for that taxicab;
(ii)
the current taxicab owner's licence issued in accordance with this
Schedule;
(iii)
when operating the taxicab, the current taxicab driver's licence issued
under this Schedule; and
(iv)
the certificate of liability insurance for the vehicle, in accordance with this
Schedule;
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(d)
for each taxicab for which the owner holds a licence, and before use of the
taxicab,
(i)
obtain and maintain a policy of insurance in respect of the taxicab in full
force and effect during the entire period of time for which the licence is
issued
and
in
full
force
and
effect
in
an
amount not less than $2,000,000.00, exclusive of interest and costs,
against loss or damage resulting from bodily injury to or death of one or
more persons or from loss or damage to property resulting from any
one accident;
(ii)
provide a special endorsement to the policy of insurance referred to in
paragraph (i), for passenger hazard in an amount not less than
$2,000,000.00, exclusive of interest and costs;
(iii)
cause to be endorsed on the policy of insurance referred to in paragraph
(i), that the City shall be given at least thirty (30) days prior notice of any
cancellation, expiration or change in the amount of the insurance or in
terms of the policy; and
(iv)
deposit a certified true copy of the policy of insurance and all
endorsements with the City;
(e)
obtain, place and maintain therein or thereon, for each vehicle licensed
pursuant to this Schedule, the following:
(i)
a current Tariff card, Taxicab Passengers' Bill of Rights card, Taxicab
Driver's Bill of Rights card and driver's photo identification in a holder
securely affixed on the upper portion of the rear of the driver's seat of
the vehicle in a location clearly visible to the passenger(s) or in a
manner approved by the Director of Licensing;
(ii)
the taxicab owner's plate securely affixed to the left rear trunk, or at a
location and in a manner approved by the Director of Licensing; and
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(iii)
the owner's plate number for that taxicab displayed in contrasting
colours in letters of at least 15cm affixed on both side doors or at a
location and in a manner approved by the Director of Licensing;
(f)
inform the Director of Licensing forthwith of any changes in the motor vehicle
registration of the taxicab;
(g)
have in his or her vehicle a taxi meter of the type approved and road tested by
the Director of Licensing or Municipal Officer and mounted in a position
approved by the Director of Licensing or Municipal Officer so that it is clearly
visible to the passengers in the front and rear seats of the taxicab;
(h)
have on his or her vehicle an electrically illuminated roof sign which is securely
attached to the top of the taxicab in a manner approved by the Director of
Licensing or Municipal Officer and wired to the taxicab meter and working in
conjunction with the taxicab meter so that it is not illuminated when the meter
is engaged and is illuminated when the headlights are on and the meter is in
the vacant status;
(i)
ensure that each vehicle for which he or she is licensed is, in its interior, neat,
clean, dry and in good repair; and, on its exterior, clean and in good repair,
free from exterior body damage and has a well-maintained paint finish;
(j)
repair any mechanical defect in the taxicab, reported to such owner by a
licensed driver or directed by the Director of Licensing or an Municipal Officer
to be repaired;
(k)
report forthwith to the Director of Licensing any accident in which his or her
taxicab was involved;
(l)
submit to the Director of Licensing a valid Safety Standards Certificate issued
in accordance with the Highway Traffic Act for each taxicab at the time the
owner's licence is renewed or transferred.
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(m)
submit each taxicab or spare taxicab for inspection or approval or both as
required under the General Provisions of this By-law or this Schedule;
(n)
it is optional for an emergency lighting warning system to be mounted on the
exterior of the vehicle. (17-012)
(o)
equip each licensed taxicab with:
(i)
at all times when the taxicab is in service, a fully operational Global
Positioning System;
(ii)
at all times when the taxicab is in service, a fully operational onboard
camera;
(iii)
from December 15 of one calendar year to March 15 of the next
calendar year at all times when the taxicab is in service, four tires
specifically designed for winter driving bearing an icon representing
mountain with a superimposed snowflake.(14-181)
(o)(1) ensure that before the on-board camera required under paragraph 48(1)(o)(i)
is serviced, the contractor has entered into a confidentiality agreement with
the City as provided for in the City's Access and Privacy Policy for Security
Cameras in Taxicabs;
(p)
equip each licensed taxicab with:
(i)
a Global Positioning System; and
(ii)
an onboard camera on or before May 1, 2010;
(q)
ensure that taxicab drivers in his or her employ retain the daily trip records
referred to in this Schedule for a period of time not less than twelve (12)
months, that such records shall be open to inspection by any person
authorized by the Director of Licensing and that such records may be removed
and retained by the Director of Licensing for a reasonable time and copied by
the Director of Licensing or any person authorized by the Director of Licensing;
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(r)
retain copies of the daily trip sheet submitted by the licensed driver of the
taxicab to the owner for at least twelve (12) months and make them available
for inspection, copying and retention at the request of and by the Director of
Licensing or any person authorized by the Director of Licensing;
(s)
employ or use only the services of taxicab drivers licensed under this Schedule;
(t)
carry on or engage in or otherwise continuously operate or make his or her
taxicab available for service within the City during the term of his or her licence;
(u)
notify the Director of Licensing in writing within six days of a change of address;
(v)
in the case of a corporation or partnership, notify the Director of Licensing
immediately upon a change in ownership of the individual holding shares of
the company;
(w)
make application to the Director of Licensing for re-qualification under the
provisions of this Schedule for a taxicab owner licence should a threshold
percentage of twenty percent of the company shares change ownership;
(x)
before acting as a taxicab driver, comply with all the requirements for the
issuance of a taxicab driver's licence under this Schedule, except that payment
of the fee for issuance of a driver's licence shall not be required;
(y)
require all drivers using or operating the owner's licensed taxicab to comply
with the requirements of this Schedule applicable to taxicab drivers;
(z)
in addition to complying with all other requirements of this Schedule with
respect to taxicab owners, every licensed accessible taxicab owner shall:
(i)
keep accurate records of the number of trips made monthly for disabled
passengers and for non-disabled passengers and submit the records
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for each month to the Director of Licensing no more than 10 business
days after the last day of each month;
(ii)
ensure that the accessible taxicab he or she is operating:
is equipped with an extra tire, wheel and jack ready for use for that
vehicle;
has approved wheelchair tie down;
(iii)
in addition to all of the other general taxicab owner responsibilities
prescribed by this Schedule, ensure that only a person licensed under
the provisions of this Schedule as an accessible taxicab driver, whose
licence has been endorsed by the Director of Licensing, is permitted to
drive an accessible taxicab under his or her control;
(iv)
ensure that before using, or permitting to be used, any vehicle that is
licensed under the provisions of this Schedule as an accessible taxicab,
that the said vehicle complies with Regulation 629 of the Revised
Regulations of Ontario, 1990 (Vehicles for the Transportation of
Physically Disabled Persons) made under the Highway Traffic Act, and
all other pertinent federal and provincial regulations as established from
time to time; and
(v)
ensure that priority is given to the use of the accessible taxicab by
disabled passengers, and thereafter permit the taxicab to be used for
non-disabled passengers; and
(18-252) (aa)
ensure that any vehicle for which the taxicab plate is to be used shall be in
compliance with this Schedule
OWNER PROHIBITIONS
49.(1) No licensed owner or lessee shall:
(a)
operate or permit the operation of a vehicle not owned by him or her under the
authority of his or her owner's plate and licence;
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(b)
employ any person to operate his or her taxicab who does not hold a valid
taxicab driver licence issued pursuant to this Schedule;
(c)
fail to continuously operate the vehicle for which a taxicab owner's plate has
been issued;
(d)
operate or permit the operation of a vehicle of which he or she is the owner
where the vehicle is not approved for use as a taxicab under the provisions of
this Schedule;
(e)
operate or permit the operation of a taxicab of which he or she is the owner,
without attaching the current taxicab owner's plate for that taxicab in the
manner prescribed under the provisions of this Schedule;
(f)
fail to have a vehicle which has been approved by the Director of Licensing for
the owner's plate issued pursuant to this Schedule unless otherwise exempted
in this due to repair or replacement of such vehicle;
(g)
fail to affix the taxicab owner's plate to the vehicle approved for use as a
taxicab by the Director of Licensing;
(h)
operate or permit the operation of a taxicab of which he or she is the owner
while displaying any owner's plate issued by the licensing authority of any
other municipality;
(i)
fail to submit a taxicab or spare taxicab for inspection or approval or both as
required under the General Provisions of this By-law or this Schedule;
(j)
permit any driver to operate such owner's taxicab for any period in excess of
12 hours during any period of 24 consecutive hours;
(k)
operate or permit the operation of a taxicab where such vehicle has
mechanical defects;
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(l)
operate or permit the operation of a taxicab where such vehicle has substantial
exterior body damage or rust;
(m)
operate or permit the operation of a taxicab of which the owner is in affiliation
with a taxicab broker who is not licensed under this Schedule;
(n)
operate or permit the operation of a taxicab of which he or she is the owner
while displaying or bearing any sign, emblem, decal, ornament or
advertisement, on or in his or her vehicle except in a form approved by the
Director of Licensing;
(o)
operate or permit the operation of a taxicab, of which he or she is the owner,
which displays or bears advertising, unless in accordance with the Advertising
Prerequisites contained in subparagraph 65(1)(o)(i) and such other advertising
prerequisites and guidelines as may be established by the Director of
Licensing from time to time;
(i)
An owner may operate or permit the operation of a taxicab which
displays or bears advertising provided that;
the content of the advertising shall not be of an obscene, racist,
sexist or discriminatory nature;
all advertising, advertising signs and sign holders shall be securely
mounted to the taxicab in such a manner as to prevent the sign,
holder and any advertising materials exhibited thereon from
loosening, separating or coming free during the operation of the
taxicab;
no advertising, advertising sign or sign holder on the rooftop or
exterior of a taxicab shall, in any way, block, hamper, obstruct or
obscure the view of any person of the taxicab licence number,
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taxicab licence plate, name of the owner of the taxicab and,
where applicable, its broker;
no advertising, advertising sign or sign holder shall be placed or
located on any window of the taxicab;
no interior advertising, advertising sign or sign holder shall be placed
or located in such a way as to obstruct or obscure the vision of the
driver or obstruct or hamper the driver's operation of the taxicab, in
any way, or obstruct or obscure the view, from all passenger seats,
of the driver's photo identity card, the taxicab meter, the driver's
taxicab licence, the tariff/fare card, the Passengers' Bill of Rights
card and the Driver's Bill of Rights card;
the number of exterior advertisements or advertising signs shall not
exceed one (1);
exterior advertisements or advertising signs shall only be placed or
located on the rear end of the taxicab;
exterior advertisements or advertising signs shall not exceed sixteen
centimetres by ninety-two centimetres (16cm x 92cm) in size;
the number of rooftop mounted signs shall not exceed one (1);
a rooftop mounted sign shall be illuminated;
a rooftop mounted sign not exceed one hundred and twenty-two
centimetres in length, seventy-nine centimetres in width, and forty-
six centimetres in height (122cm L x 79cm W x 46cm H); and
(ii)
any exterior advertisement painted on a vehicle or secured on a rooftop
advertising sign, not in accordance with the advertising prerequisites
contained in paragraph 49(1)(o) but previously approved by the Director
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of Licensing as of May 28, 2003, shall be removed from the taxicab at
the earlier of the date upon which the taxicab is repainted, replaced, or
May 28, 2005;
(p)
operate or permit the operation of a taxicab of which he or she is the owner
unless equipped with a taxicab meter which has been tested, sealed and
approved by the Director of Licensing or Municipal Officer unless authorized
under section 39;
(q)
operate or permit to operate a taxicab when the taximeter is out of order or
defective in any way or the taximeter seal is broken, altered or not intact unless
authorized under section 39;
(r)
use or permit to be used any taxicab licence issued to such owner pursuant to
this Schedule for any vehicle other than the vehicle for which the licence was
issued;
(s)
knowingly drive or permit to be driven about the streets in his or her cab any
person for the purpose of soliciting from the cab for acts of prostitution or
conducting or soliciting any illegal acts;
(t)
operate, or permit to be operated, a taxicab which was constructed or
subsequently modified to permit the loading, transportation and off-loading of
those individuals confined to a wheelchair, or similar device used to assist the
physically disabled, without transfer, which does not comply with Regulation
629 of the Revised Regulations of Ontario, 1990 (Vehicles for the
Transportation of Physically Disabled Persons) made under the Highway
Traffic Act;
(u)
when requested by the Director of Licensing, fail to return or surrender any
licence, owner's plate, or other documentation or identification, issued by the
Director of Licensing pursuant to this Schedule, to the Director of Licensing;
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(v)
when requested by the Director of Licensing, fail to surrender to the Director
of Licensing any daily trip sheets prescribed and required by this Schedule;
(w)
lease or otherwise lend an owner's licence issued under this Schedule or a
vehicle approved for use as a taxicab unless approval by the City has been
granted;
(x)
by a written or verbal agreement sub-lease the taxicab or transfer the
responsibility for the operation thereof to a third party;
(y)
enter into any written or oral agreement, directly or indirectly, permitting or
acquiescing in the operation of the taxicab for which the licence was issued,
by any other person who is not a licensed taxicab driver; or
(z)
shall permit his or her taxicab plate or the operations thereof to be used on a
vehicle that does not comply with this Schedule
TAXICAB BROKER DUTIES
50.(1) Every licensed taxicab broker shall:
(a)
maintain an office, from which the taxicab brokerage is operated;
(b)
require all taxicab owners who have entered into arrangements with such
broker for the provision of taxicab brokerage services to affix to the side doors
of the vehicle identification numbers and letters in a form approved by the
Director of Licensing;
(c)
provide to the Director of Licensing the name of every owner and driver
required to be licensed under this Schedule with which he or she has entered
into any arrangement for the provision of taxicab brokerage services;
(d)
keep a record of all owners operating taxicabs in association with him or her
such record to show the number of taxicabs operated by each owner, including
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his or her name and address and the number of the licence issued under this
Schedule in respect of each;
(e)
notify the Director of Licensing, in writing, within ten (10) days of any additions
or deletions from the list provided under subsection (3) of this section;
(f)
carry on or engage in or otherwise continuously operate the taxicab brokerage
business within the City;
(g)
require all owners and drivers of taxicabs operating within the broker's taxi fleet
to comply with the requirements of this Schedule;
(h)
maintain an accurate record of all requests for the hire of a taxicab along with
the following information for each taxicab dispatched:
(i)
the number of the taxicab owner licence issued under the provisions of
this Schedule;
(ii)
the date and time of receipt of the order and of the dispatching;
(iii)
the name and taxicab driver licence number of the driver; and
(iv)
the address to which such taxicab is dispatched, and retain these
records for a twelve (12) month period;
(i)
dispatch a taxicab to any person requesting service within the municipality,
unless the person requesting service has not paid for a previous trip and these
facts are verified by the broker;
(j)
post in a conspicuous location in the business office, viewable by the public,
the licence issued under this Schedule;
(k)
at the direction of the Director of Licensing not dispatch calls to any taxicab, if
the licensed owner or licensed driver, in the opinion of the Director of
Licensing, has contravened any section of this Schedule;
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(l)
at the request of the Director of Licensing, provide a list showing the number
of taxicabs available for service to the public on any particular day, including
the times when it was last available for service on that day and also including
the number of dispatched calls serviced by each such taxicab;
(m)
employ or use only the services of an owner or driver licensed under this
Schedule; and
(o)
post and maintain a copy of the Ontario Human Rights Commission's
publication entitled "Declaration of Management Policy", on bulletin boards
and on other similar locations provided for the regular posting of written notices
to drivers or owners of taxicabs operating from the brokerage.
TAXICAB BROKER PROHIBITIONS
51.(1) No licensed taxicab broker shall:
(a)
dispatch a taxicab for the purpose of carrying on or engaging in the
conveyance of passengers within the City where the owner or driver of the
taxicab does not hold a licence for their respective calling issued under this
Schedule;
(b)
accept orders for, or in any way dispatch or direct orders to a taxicab, licensed
under this Schedule:
(i)
when the activity would be illegal under a provincial or federal statute; or
(ii)
where the fare is less than that permitted under this Schedule.
(c)
accept orders for, or in any way dispatch or direct orders to a taxicab where
the owner of which is not licensed under this Schedule, for a pick-up location
within the boundaries of the City;
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(d)
be permitted to have exclusive rights to any taxicab stand in the City;
(e)
enter into an agreement for the provision of brokerage services with a taxicab
driver or a taxicab owner who is already affiliated with another taxicab broker;
(f)
charge a fare or enter into an agreement to charge a fare which is not in
accordance with the approved tariff/fare set out in Appendix "1" to this
Schedule;
(g)
when requested by the Director of Licensing, fail to return or surrender any
licence issued under this Schedule; or
(h)
fail to carry on or engage in the taxicab brokerage business for which the
taxicab brokerage licence has been issued.
PROMOTIONAL SCHEMES
52.(1) A taxicab broker may offer, and the taxicab driver that agrees to provide the trip shall
accept, a rate lower than the tariff for a taxicab trip to a maximum discount or
promotion up to 20% off the maximum fare as calculated by the taxi meter at the City-
regulated rate if:
(a)
the trip is booked with the taxicab broker or through a software application;
and
(b)
the taxi meter in the taxicab can calculate and display the discounted rate to
be charged to the passenger;
(2) An owner, lessee or driver of a taxicab may participate or acquiesce in a promotional
scheme or practice of a taxicab broker that is authorized under this section.
(3) A taxicab broker is not required to pay a taxicab driver operating a taxicab any
difference between the fare charged for a trip and the fare as calculated at the tariff.(17-
012)
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CUSTOMER SERVICE
53.(1) A taxicab driver, owner and broker shall ensure that:
(a)
a Taxicab Passengers' Bill of Rights in the prescribed form, as set out in
Appendix "4", for all taxicabs, is displayed on the upper portion of the rear of the
driver's seat in a position clearly visible to the passenger(s) to inform Taxicab
passengers of their rights;
(b)
a Taxicab Driver's Bill of Rights in the prescribed form, as set out in Appendix
"5", for all taxicabs, is displayed on the upper portion of the rear of the driver's
seat in a position clearly visible to the passenger(s) to inform Taxicab passengers
of the rights of the Taxicab Driver; and
(c)
a taxicab Tariff card and Taxicab Driver photo identification card is displayed as
prescribed in this Schedule.
(2) Every broker shall post in a conspicuous place in their place of business, clearly
visible to the public, the City customer complaints/compliments hotline telephone
number and follow-up and resolution process prescribed by the Director of Licensing.
ADMINISTRATION AND ENFORCEMENT
54.(1) This schedule shall be administered by the Director of Licensing, with delegation of
the enforcement to any Municipal Officer. (18-040)
(2) A Municipal Enforcement Municipal Officer has the authority, if the Municipal Officer
is in the opinion that the vehicle contravenes the Schedule or public safety is at risk,
to:
(a)
remove a taxicab from service;
(b)
remove the City of Hamilton taxi plate from the taxicab;
(c)
remove the roof sign;
(d)
remove the taxicab meter, and
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(e)
issue an administrative penalty notice for any contraventions of this Schedule.
(18-040)
SEVERABILITY
55.
Notwithstanding that any section or sections of this Schedule, or any part or parts
thereof, may be found by any court of law to be invalid or illegal or beyond the power
of the Council to enact, such section or sections or part or parts thereof shall be
deemed to be severable, and all other sections of this Schedule, or parts thereof, are
separate and independent therefrom and enacted as such.
APPENDICES
56.
Appendices "1", "2", "3", "4", "and 5" attached hereto form part of this Schedule.
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SCHEDULE 25
APPENDIX 1 (Taxicab Tariff/Fares) (18-041)(22-102)
Meter and By Agreement Rates
The Meter and By Agreement Rates as approved by Council are set as follows:
For the first 71.4 meters or part thereof
$4.90(22-102)
For each additional 55.6 meters or part of thereof
$0.10 ($1.80/km)
For waiting time while under engagement for each
$0.10
eleven (11) seconds
Livery or meter cabs by agreement (per hour)
$37.00
Request for a Van (non-accessible) fare (per trip)
$10.00 (22-248)
Senior Citizens receive a 10% reduction on the above Meter Rates calculated on the
highest Full Dollar registered on the taxi meter.
The above rates include the Harmonized Sales Tax.
In accordance with section 68 of this By-law, promotional discount fares are prohibited
subject to the written consent of the Director of Licensing.
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SCHEDULE 25
APPENDIX 2
Taxi Trip Sheet
Date______________ Start Shift Time __________ End Shift Time
_______________
Drivers Name _______________________ Taxicab # ______________
Broker ________________
From
Starting
Odometer
Destination
Arrival
Odometer
Charged Flat
Rate
Metered
Rate
1
2
3
4
5
6
7
8
9
10
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11
12
22
23
24
Totals
25
26
27
Grand Total
Equipment Faults: Brakes
Steering
Lights
Exhaust System
Radio
Meter
Cleanliness
&
Damage:
Interior
Exterior
Check: Oil
Transmission Fluid
Driver Comments:
Signature:
Date:
Owners signature:
Date:
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SCHEDULE 25
APPENDIX 3
PASSENGER BILL OF RIGHTS
1.
The passenger has the right to:
(a) a professional and knowledgeable taxicab driver who is licensed
(b) a driver who is provides a safe ride
(c) a taxicab driver provides a silent ride if desired
(d) a taxicab driver who knows the major streets and destinations
(e) a taxicab driver who is courteous and provides assistance
(f) a taxicab driver who speaks and understands English
(g) a taxicab driver who knows the Taxi By-law and traffic laws
2.
The passenger has the right to an effective customer complaint process.
3.
The passenger has the right to direct a taxicab driver on the route to be taken.
4.
A clean, safe, air-conditioned and smoke-free taxicab.
5.
A free ride if the meter is not in a 'recording' position.
6.
Obtain a receipt that shows the date, time, the taxicab driver's name, identification
number and fare charge
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7.
Taxi Drivers Licenses are to be displayed inside the taxi and the passenger has a
right to see it.
8.
A passenger has thirty days to file a signed complaint. The complaint must be in
writing and include your name, address and telephone number, and address the
complaint to:
Municipal Law Enforcement
77 James Street North, Suite 400
Hamilton, ON L8R 2K3
If you have any questions you may call 905.546.2350
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SCHEDULE 25
APPENDIX 4
TAXICAB DRIVER BILL OF RIGHTS
1.
Taxicab Driver has the following rights:
(a) a clean, safe, licensed, air-conditioned and smoke-free taxicab;
(b) fair and equitable dispatch service;
(c) access to a service and skills training program;
(d) a taxicab driver can refuse a customer if the customer requests the taxi driver to
carry any passengers or baggage, which the taxi driver is incapable of carrying;
(e) can refuse a customer if they are drunk or disorderly;
(f) can refuse a customer if the customer is unable to pay for the fare or if the
customer owes money from a previous ride;
(g) can refuse a customer if the customer requests the driver to carry an animal or
baggage, which might be detrimental to the repair, cleanliness or sanitary
condition of the taxi (with the exception to seeing eye dog); and
(h) taxi driver's responsibility to check his taxi after a customer has departed to
ensure the customer has not left any belongings in the taxi - if the customer has
left something behind the driver is to make every reasonable attempt to return the
belonging to the owner. If the owner cannot be found belonging is to be turned
over to the Taxi Broker's Office.
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APPENDIX 5
TAXI COST INDEX
City of Hamilton's Basis for Taxi Meter Rate Adjustments
COMPONENT
PUBLICATION
COST INDEX IN %
1. Other Taxi-Cab
expenses, licences, rent
CPI Toronto: All-items
(v739287)
12.50%
2. Insurance
CPI Ontario: Automotive
vehicle insurance premiums
(v738391)
8.00 %
3. Fuel
CPI Ontario: Gasoline
(v738388)
22.50%
4. Routine repairs and
maintenance
CPI Ontario: Automotive
vehicle parts, maintenance
and repairs (v738389)
16.50%
5. Amortized cost of
vehicle, radio and
equipment
CPI Ontario: Purchase of
automotive vehicles
(v738386)
11.30%
6. Earnings-all drivers
Ontario: Average hourly
wage rate; Full-time
employees; Transportation
and Warehousing
(v2153229)
29.20%
TOTAL
100%
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SCHEDULE 26 (10-198)
MOBILE SIGN LEASING OR RENTING
PART 1.0
DEFINITIONS
1.1
In this Schedule:
"advertising device" means any object displayed so as to attract public attention to any
goods, services, facilities or events, including but not limited to flags, banners, pennants,
and lights;
"copy" means the graphic content of a sign surface in either permanent or changeable letter,
pictorial, symbolic, or numeric form;
"display" in any form includes "erect" and "locate";
"Mobile Sign" means a sign that is temporary, is capable of being readily moved from one
location to another, and may be part of or attached to a wheeled trailer or frame without
wheels;
"Mobile Sign permit" means a sign permit issued for the display of a Mobile Sign under the
Hamilton Sign By-law;
"person" includes an individual, association, proprietorship, partnership, syndicate,
company, corporation, firm, business, authorized agent, trustee and the heirs, executors or
other legal representatives, or any combination of the foregoing; and,
"sign" means any surface, structure and other component parts, which are used or capable
of being used as a visual medium or display to attract attention to a specific subject matter
for identification, information or advertising purposes and includes an advertising device.
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PART 2.0
GENERAL PROVISIONS
2.1 No person shall carry on the business of leasing or renting Mobile Signs without holding
a current valid licence issued under this By-law including this Schedule.
2.2 For the purpose of section 2.1, a person who carries on the business of leasing or
renting Mobile Signs from a location outside the City shall be deemed to be carrying
on business in the City if the person leases or rents Mobile Signs that are displayed in
the City.
2.3 Every person who carries on the business of leasing or renting Mobile Signs shall
ensure that all required permits are obtained prior to placement of a Mobile Sign and
that its placement is in accordance with any permit issued.
2.4 In the event of a conflict between a provision of this Schedule and any other provision
of this By-law, the provision in this Schedule prevails.
PART 3.0
LICENCE APPLICATIONS
3.1 In addition to any of the items required in the "LICENCE APPLICATIONS AND FEES"
Part of the General Provisions of this By-law, the applicant shall, at the time of filing
the application, deliver to the Director of Licensing the following:
(a) if the applicant is a corporation, a certified copy of the incorporating document showing
the names and addresses of all Directors, Officers and Shareholders;
(b)
if the applicant is a registered partnership, a certified copy of the registered Declaration
of Partnership, showing the names and addresses of all partners; and
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(c) a certification that all Mobile Signs to be leased or rented shall have the name and
phone number of the licensee affixed to the Mobile Sign at a clearly visible location.
PART 4.0
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
4.1 In addition to the grounds listed in section 12 of the General Provisions of this By-law,
the Director of Licensing shall refuse to issue or renew a licence where, having regard
to the applicant's financial position, the applicant cannot be reasonably expected to be
financially responsible in the conduct of the business which is to be licensed or is
licensed.
PART 5.0
PROHIBITIONS
5.1 No person shall:
(a)
publish or cause to be published any representation that the person is licensed under
this Schedule if the person is not so licensed;
(b)
display or permit the display of a Mobile Sign that does not have the name and phone
number of the licensee under this Schedule, if a licence is required, affixed to the
Mobile Sign at a clearly visible location;
(c)
display or permit the display of a Mobile Sign other than in accordance with all of the
applicable provisions of the City's by-laws respecting signs before February 1, 2007
and with the Hamilton Sign By-law on and after February 1, 2007; or
(d)
fail to ensure that the message board on a Mobile Sign is secured with a locking
mechanism to prevent any person, other than the licensee under this Schedule or the
Mobile Sign permit holder under the Hamilton Sign By-law, from having access to the
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message board.
PART 6.0
CHANGES IN INFORMATION
6.1 Every licensee shall notify the Director of Licensing, in writing, within 6 days after the
event, of any change to the information contained in their application.
6.2 Where a change has occurred in the name or business name of a licensee, the licensee
shall attend within 6 days of the date of the change at the office of the Director of
Licensing to have the licence and licence records amended accordingly.
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SCHEDULE 27 (17-056)
TOBACCO AND ELECTRONIC CIGARETTE RETAILERS
DEFINITIONS
1.
In this Schedule:
"electronic cigarette" has the same meaning as in the Electronic Cigarettes Act,
2015;
"operator" means a person who owns, operates, manages, supervises, controls or
is responsible for premises selling tobacco, cigars, cigarettes, or electronic cigarettes
at retail;
"licence holder" means an operator who holds a current and valid licence under this
Schedule; and,
"premises" includes any building, booth, or stall, or a portion thereof where goods
are exposed for sale such as a shop or store.
GENERAL PROHIBITIONS
2.
No operator shall operate without a licence to do so.
3.
No person shall sell tobacco, cigars, cigarettes or electronic cigarettes at retail from
any premises without a licence to do so.
REQUIREMENTS
4.
In addition to complying with the General Provisions of this By-law, an operator who
applies for a licence shall provide proof satisfactory to the Director of Licensing that
the premises are not subject to a prohibition imposed under section 16 of the Smoke-
Free Ontario Act.
5.
All operators selling tobacco, cigars or cigarettes at retail from any premises shall
comply with all aspects of the Smoke-Free Ontario Act.
6.
All operators selling electronic cigarettes at retail from any premises shall comply with
all aspects of the Electronic Cigarettes Act, 2015 that are in force.
7.
A licence holder;
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(a)
shall keep their licence issued in respect of this Schedule posted in a
conspicuous location on the premises, so as to be clearly visible to the public
and in a manner satisfactory to the Municipal Officer, at all times during the
currency of the licence;
(b)
who sells tobacco, cigars or cigarettes, shall comply with the Smoke-Free
Ontario Act legislation and regulations pertaining to the promotion, display and
sale of tobacco products, including displayng the required signs;
(c)
who sells electronic cirgarettes, shall comply with the in force provisions of the
Electronic Cigarettes Act, 2015 respecting the promotion, display and sale of
electronic cigarettes, including displaying the required signs;
(d)
shall require employees of the premises to read the required signs prior to
commencing work involving the sale of tobacco, cigars, cigarettes or electronic
cigarettes, and instruct employees to bring any removal or defacement of the
required signs to the immediate attention of the licence holder;
(e)
shall replace with a new sign any required sign which has been removed or
where the prescribed message or part thereof has been defaced; and,
(f)
shall use as the required signs the provincially-legislated required signs
available from the City or the Ontario Ministiry of Health and Long-Term Care.
8.
Where the operator has obtained a licence, no employee need obtain a separate
licence.
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SCHEDULE 28
TOW TRUCKS
DEFINITIONS
1.
In this Schedule:
"compensation" means any form of payment;
"complaint record" means a record of each complaint received by a tow truck
business operator or their employee or agent about a towing service they have
provided;
"Highway Traffic Act" means the Highway Traffic Act and its regulations;
"registered owner" means the person shown to be the owner of a tow truck
according to the records maintained by the Registrar of Vehicles for the
Province of Ontario;
"tow truck" means a motor vehicle which is designed, modified or used for pulling,
towing, carrying, or lifting a motor vehicle or trailer, be it damaged, disabled,
abandoned, or otherwise, with or without the assistance or use of lifts, winches,
dollies, trailers, or similar equipment;
"tow truck driver" means an individual who drives a tow truck at any time when the
tow truck is providing or available to provide a towing service;
"tow truck business operator" means a person who carries on the business of
providing one or more towing service;
"tow truck number" means the number, which may consist of numbers or letters or
both, issued for each approved tow truck by the Director of Licensing;
"towing service" the provision or offer of provision of a tow truck for compensation
including but not limited to:
(a)
assisting the owner, operator, driver or passenger of a motor vehicle or
trailer through the use of the equipment on or used in conjunction with
the tow truck for the pulling, towing, carrying, or lifting of a motor vehicle
or trailer; or
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(b)
conveying the owner, operator, driver or passenger of a motor vehicle
or trailer in a tow truck;
"towing service rate card" means a rate card approved by the Director of Licensing
that includes a tow truck business operator's rates for towing services and
contact information;
"trip record" means a record of each trip providing a towing service from the time:
(a)
a motor vehicle or trailer; or
(b)
an owner, operator, driver or passenger of a motor vehicle or trailer,
is picked up to the time they are dropped off.
APPLICATION OF SCHEDULE
2.
This Schedule does not apply to a tow truck service that consists only of dropping off
in the City:
(a)
a motor vehicle or trailer; or
(b)
an owner, operator, driver or passenger of a motor vehicle.
GENERAL PROHIBITIONS
3.(1) No person shall act as or hold himself or herself out to be a tow truck driver or shall
engage in the business of a tow truck driver unless he or she holds a current and
valid tow truck driver licence under this Schedule.
(2) No person shall act as or hold themselves out as a tow truck business operator unless
they hold a current and valid tow truck business operator licence under this Schedule.
(3) No tow truck business operator shall permit a person who does not hold current and
valid tow truck driver licence under this Schedule to drive a tow truck under the tow
truck business operator's power or control.
LICENSING
General
4.
Every tow truck driver and tow truck business operator shall hold the applicable
current and valid licence under this Schedule.
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5.
The Director of Licensing is authorized to prescribe the format and content of any
forms or other documents required under this Schedule.
Drivers
6.
In addition to complying with the General Provisions of this By-law with respect to
licence applications, an applicant for a tow truck driver licence, not including an
applicant for a licence renewal, shall provide proof satisfactory to the Director of
Licensing that the applicant:
(a)
holds a current and valid motor vehicle driver's licence for the tow truck being
driven issued by the Province of Ontario;
(b)
has successfully completed Ontario Traffic Council Book 7 training no more
than three years before the date of the application; and
(c)
will be working for a licensed tow truck business operator should the tow truck
licence be issued.
Operators
7.
In addition to complying with the General Provisions of this By-law with respect to
licence applications, an applicant for a tow truck business operator licence, not
including an applicant for a licence renewal, shall
(a)
submit a list of each tow truck including the make, model, year of manufacture
and Vehicle Identification Number;
(b)
submit a list of the rates for tow truck services that includes but is not limited
to setting out:
(i)
the rates for:
1.
towing;
2.
boosting a battery;
3.
changing a tire;
4.
opening a locked vehicle without a key;
5.
righting an overturned vehicle or trailer;
6.
other services;
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(ii)
if applicable, how distance, time, weight or other variable factors are
used to calculate a rate;
(c)
submit contact information including but not limited to an address, telephone
number and at least one of a facsimile number, e-mail address or cell phone
text address;
(d)
provide proof satisfactory to the Director of Licensing that
(i)
the applicant is the registered owner of all tow trucks to be used; and
(ii)
all tow trucks to be used:
1.
are dual rear-wheeled trucks;
2.
have been issued either:
a.
an Ontario Ministry of Transportation Vehicle Inspection
Report showing approval and acceptance; or
b.
a Safety Standard Certificate issued under the Highway
Traffic Act,
no more 36 days before the proof is provided; and
3.
are insured in a manner satisfactory to the Director of Licensing;
and
(e)
make all tow trucks available for inspection, at the tow truck business
operator's expense, as directed by the Director of Licensing.
INSPECTIONS AND APPROVED TOW TRUCKS
8.
The Director of Licensing:
(a)
may specify the establishments where an inspection of a tow truck is to be
carried out; and
(b)
shall specify what the inspection is to consist of, which may include but is not
limited to:
(i)
a visual exterior and interior inspection of the tow truck;
(ii)
an assessment of mechanical fitness and safety of the tow truck.
9.
For so long as:
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(a)
a tow truck business operator's tow truck is on the list submitted under
subsection 7(a):
(b)
a tow truck business operator complies with subsections 11(e) to 11(k); and
(c)
all inspections, reports and certificates show that a tow truck business
operator's tow truck complies with this Schedule,
the tow truck shall be deemed to be approved by the Director of Licensing.
REQUIREMENTS
Drivers
10.
A tow truck driver shall:
General
(a)
not drive a tow truck unless:
(i)
the registered owner of the tow truck is a tow truck business operator
licence holder; and
(ii)
the tow truck has been approved for use as a tow truck by the Director
of Licensing;
(b)
carry and produce upon request of an Officer, the tow truck driver's tow truck
driver licence and vehicle driver's licence issued by the Province of Ontario;
(c)
comply with all applicable statutes, regulations and by-laws with respect to
traffic and parking including but not limited to the Highway Traffic Act and the
City's traffic and parking by-laws and with the Hamilton Highway Non-
Solicitation By-law;
Condition of Tow Truck
(d)
not drive a tow truck unless it is equipped with:
(i)
a winching or hoisting device of sufficient capacity to safely lift a motor
vehicle or trailer;
(ii)
a tow cradle, tow-bar or tow-sling maintained to ensure the safe lifting
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and towing of a motor vehicle or trailer;
(iii)
a device for securing the steering wheel of a motor vehicle;
(iv)
a fire extinguisher no smaller than 2.5 kilograms with a rating of 10-B:C
kept in working order and securely mounted at a place readily
accessible to the driver;
(v)
a safety vest;
(vi)
a broom;
(vii)
a shovel;
(viii)
a waste container, including a flexible waste container, at least 20 litres
in volume;
(ix)
a first aid kit;
(x)
an intermittent amber warning light system consisting of at least one
light which is clearly visible in directions from a distance of at 100
metres;
(xi)
a pry bar of no less than 1.5 metres in length;
(xii)
two wheel blocks;
(xiii)
flares or reflector kits;
(xiv)
flashlight;
(xv)
wheel wrenches;
(xvi)
two tow safety chains no less than 2.7 metres in length with links made
of steel no less than 8 mm in diameter;
(xvii) rope;
(xviii) booster cables;
(xix)
magnetic towing lights to be attached to the rear of the motor vehicle or
trailer being towed to provide illumination and signal braking.
(e)
maintain:
(i)
the interior of the tow truck in a clean, tidy and dry condition; and
(ii)
the exterior of the tow truck in a clean and tidy condition including but
not limited to being free from body damage and having a well-
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maintained paint finish;
(f)
ensure the tow truck number is:
(i)
affixed to the door on either side of the truck, below the side view mirror,
or to another location on the tow truck approved in advance by the
Director of Licensing;
(ii)
in letters and numbers at least 6 centimetres in height;
(iii)
in Verdana or Arial font;
(iv)
in a colour that contrasts with the background colour by at least 75%;
and
(v)
plainly visible in its entirety at all times;
(g)
obtain a photo identification card issued by the Director of Licensing and keep
the photo identification card and the towing service rate card displayed in the
holder provided for this purpose;
(h)
not display a photo identification card other than that issued by the Director of
Licensing or a towing service rate card other than that approved by the Director
of Licensing;
(i)
each shift before starting and after finishing the shift, examine the tow truck for
mechanical defects, interior or exterior damage and report any defects
immediately to the tow truck business operator;
(j)
not drive a tow truck unless the tow truck:
(i)
meets the standards required for the issue of an acceptance under an
Ontario Ministry of Transportation Vehicle Inspection report, or meets
the standards for the issue of a Safety Standards Certificate of
mechanical fitness;
(ii)
is maintained in accordance with subsection 7(b); and
(iii)
is free from mechanical defect;
(k)
report any incidents involving damage or injury during a trip immediately to the
tow truck business operator and the Director of Licensing;
Tow Services
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(l)
not provide any tow service to an individual who has care, charge or control of
a motor vehicle or trailer unless the driver has first:
(i)
given to the individual a towing service rate card with:
1.
each tow truck service offered checked off;
2.
the total estimated cost of the tow truck services offered,
including applicable taxes, entered;
3.
if applicable, the location of the storage yard where the motor
vehicle or trailer will be dropped off; and
(ii)
received from the individual a signed and dated copy of the towing
service rate card under paragraph 10(l)(i) authorizing the driver to
provide the checked off tow truck services.
(m)
not request or be paid a rate
(i)
which is greater than a rate listed on the tow service rate card; or
(ii)
arising from a failure of the tow truck or the tow truck driver;
(n)
keep a trip record for each trip in a form satisfactory to the Director of Licensing
that includes:
(i)
the date;
(ii)
the time the call for tow truck services is received;
(iii)
the time the tow truck arrives and the location;
(iv)
the time of pick-up;
(v)
the time of drop-off and the location;
(vi)
the total cost of the tow truck services provided; and
(o)
behave courteously.
Tow Truck Business Operators
11.
A tow truck business operator shall:
General
(a)
not permit their tow truck to be driven unless:
(i)
the driver is a tow truck driver licence holder; and
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(ii)
the tow truck has been approved for use as a tow truck by the Director
of Licensing;
(b)
ensure that a tow truck driver driving their tow truck complies with all applicable
provisions of this Schedule and By-law;
(c)
keep at all times in their tow truck an original or copy of:
(i)
the tow truck's motor vehicle registration issued under the Highway
Traffic Act and the current Ontario Ministry of Transportation passenger
Motor Vehicle Permit;
(ii)
the tow truck owner licence; and
(iii)
proof of the insurance required under this Schedule;
(d)
ensure that their tow truck is at all times during the term of tow truck business
owner licence insured in a manner satisfactory to the Director of Licensing;
Condition of Tow Truck
(e)
ensure their tow truck is equipped with:
(i)
a winching or hoisting device of sufficient capacity to safely lift a motor
vehicle or trailer;
(ii)
a tow cradle, tow-bar or tow-sling maintained to ensure the safe lifting
and towing of a motor vehicle or trailer;
(iii)
a device for securing the steering wheel of a motor vehicle;
(iv)
a fire extinguisher no smaller than 2.5 kilograms with a rating of 10-B:C
kept in working order and securely mounted at a place readily
accessible to the driver;
(v)
a safety vest;
(vi)
a broom;
(vii)
a shovel;
(viii)
a waste container, including a flexible waste container, at least 20 litres
in volume;
(ix)
a first aid kit;
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(x)
an intermittent amber warning light system consisting of at least one
light which is clearly visible in directions from a distance of at 100
metres;
(xi)
a pry bar of no less than 1.5 metres in length;
(xii)
two wheel blocks;
(xiii)
flares or reflector kits;
(xiv)
flashlight;
(xv)
wheel wrenches;
(xvi)
two tow safety chains no less than 2.7 metres in length with links made
of steel no less than 8 mm in diameter;
(xvii) rope;
(xviii) booster cables;
(xix)
magnetic towing lights to be attached to the rear of the motor vehicle or
trailer being towed to provide illumination and signal braking.
(f)
maintain:
(i)
the interior of their tow truck in a clean, tidy and dry condition; and
(ii)
the exterior of their tow truck in a clean and tidy condition including but
not limited to being free from body damage and having a well-
maintained paint finish;
(g)
ensure the tow truck number is:
(i)
affixed to the door on either side of the truck, below the side view mirror,
or to another location on the tow truck approved in advance by the
Director of Licensing;
(ii)
in letters and numbers at least 6 centimetres in height;
(iii)
in Verdana or Arial font;
(iv)
in a colour that contrast with the background colour by at least 75%;
and
(v)
plainly visible in its entirety at all times;
(h)
display the name and telephone number of the tow truck business and tow
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truck number:
(i)
on both sides of the tow truck or on another location as approved in
advance by the Director of Licensing;
(ii)
in letters and numbers at least 18 centimetres in height;
(iii)
in a colour that contrasts with the background colour; and
(iv)
so as to be plainly visible in their entirety at all times;
(i)
ensure that at all times when their tow truck is being used or is available for
use it is free from mechanical defects;
(i)
when reported by a tow truck driver licence holder; or
(ii)
as directed by an Officer;
(j)
report any incidents of damage or injury involving their tow truck immediately
to the Director of Licensing;
(k)
provide a current Ontario Ministry of Transportation Vehicle Inspection Report
showing approval and acceptance or a current Safety Standards Certificate
issued under the Highway Traffic Act for the tow truck at such time as
prescribed by this Schedule or as requested by the Director of Licensing;
Towing Services
(l)(i)
retain trip records and the signed and dated copies of the towing service rate
cards under paragraph 10(l)(ii) for at least one year; and
(ii) make trip records and the signed and dated copies of the towing service rate
cards under paragraph 10(l)(ii) available to the Director of Licensing upon
request;
(m)(i) keep a complaint record for each complaint in a form satisfactory to the
Director of Licensing that includes:
1.
the date and time the complaint is received;
2.
the complainant's name and telephone number, if provided;
3.
the employee's name;
4.
the complaint reviewer's name;
5.
the details of the complaint;
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6.
the action taken in response to the complaint; and
7.
the date and time the complainant is notified of the action taken;
(ii)
report any complaint concerning the safety of an individual immediately to the
Director of Licensing;
(iii)
retain complaint records for at least three years; and
(iv)
make complaint records available to the Director of Licensing upon request.
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SCHEDULE 29
TRADES
PART I: GENERAL
1
In this Schedule,
(a) "construction" means any work in the erection, installation, or extension or
material alteration or repair of a building and includes the installation of a building
unit fabricated or moved from elsewhere, and "construct" has a similar,
grammatical meaning;
(b) "contractor" means any person who agrees with a member of the public or
another contractor to carry out any work in a trade regulated under this Schedule;
(c) "person" includes an individual alone or in association with a partnership, firm or
corporation and each of them as an entity;
(d) "regular place of business" means the land or building or part of a building used
for a fixed or permanent place of business, and where such business address
appears in governmental assessment, taxation, planning or engineering records
or the address is registered with the Provincial Ministry of Consumer and
Commercial Relations. The place of business applies to a contractor or master
tradesperson licensed or required to be licensed under this Schedule. A
contractor's regular place of business may also be designated for a master who
is on that contractor's payroll;
(e) "Trades Examining Board" means the Board established pursuant to this
Schedule and which shall be responsible for examining the level of competence
of any tradesperson regulated by Parts V and VI applying for the issuance or
renewal of a licence under this Schedule; and
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(f) "tradesperson" means a person licensed or required to be licensed under this
Schedule and engaged in, occupied in or retained to carry out work in the trades
of building repair, drain repair, plumbing, heating, air-conditioning and ventilation
or sprinkler and fire protection installer in the City.
PERSONS REQUIRING A LICENSE
2.
Subject to section 4, every person engaged, occupied or retained in the City to carry
out work in each of the trades of building repair, drain repair, plumbing, heating, air-
conditioning and ventilation, sprinkler and fire protection installer shall, before being
engaged, occupied or retained in the aforesaid trades apply for and obtain annually
a licence pursuant to this Schedule, as a:
(a)
Building Repair Contractor or Master Builder Repairer;
(b)
Drain Repair Contractor or Master Drain Installer;
(c)
Heating, Air-conditioning and Ventilation Contractor or Master Warm Air
Heating, Air Conditioning and Ventilation installer in one or more specialized
areas of steam fitter, refrigeration and air-conditioning mechanic, oil burner
mechanic, or sheet metal worker;
(d)
Plumbing Contractor or Master Plumber; or one or more of the above
designated trades persons;
(e)
Sprinkler and Fire Protection Installer Contractor or Master Sprinkler and Fire
Protection Installer.
PROHIBITION
3.
Subject to section 4, no person shall within the City, carry on or engage in or be
retained or offer to carry out work in any of the trades or occupations named in section
2, without first having obtained a licence under this By-law to do so.
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PERSONS NOT REQUIRING A LICENSE
4.
The provisions of this Schedule do not apply to any person:
(a) holding a valid registration under the Tarion Warranty Corporation for work carried
out on a construction project pursuant to such warranty save and except where
such person is also a plumber, or heating, air conditioning and ventilation installer,
drain layer or sprinkler and fire protection installer;
(b) who does work for his or her own benefit and not for hire in or about the dwelling
or dwelling unit in which such person resides or in which the spouse of such
person is the owner;
(c) carrying out work in the trades of building repair, drain repair, plumbing or heating,
air conditioning and ventilation, sprinkler and fire protection installer in relation to
the construction of a commercial, industrial, institutional, or residential building
which has been designed by and is under the supervision of a Professional
Engineer or an Architect licensed to practice in Ontario; or
(d) engaged in or occupied in any one of the trades governed by this By-law as a
journeyman or apprentice under the supervision of a master of such trade.
(e) engaged in or occupied in any one of the trades governed by this By-law as a
journeyman or apprentice carrying out in-house work for a single institution,
business or other organization.
APPLICATION FORMS
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5.
The Director of Licensing shall, upon receipt of an application under Part V or Part
VI, make or cause to be made any necessary investigations concerning the
application, and shall refer the application to the Trades Examining Board to
determine the eligibility of the applicant to be licensed, and, upon receipt of an
application under Part III, Part IV, Part V, Part VI of Part VII may obtain any expert
advice which he or she deems necessary to determine whether it is appropriate to
issue a licence.
LICENCES
6.(1) The Director of Licensing, upon compliance by the applicant with all the other
provisions of this Schedule, shall issue to the applicant a number and licence for a
trade regulated under this Schedule, together with a photograph of the licence holder,
and the licence card and number shall be carried by the licence holder whenever
engaged in trades work governed by this Schedule;
(2) Licence number or business name of the licence holder shall be displayed, or both
may be displayed, by the licence holder in any advertising for the trade by such
person.
INSPECTION OF LICENCES
7.
Each licence holder under this Schedule, when requested to do so by the Director of
Licensing or any Inspector, or by any member of the public retaining the services of
a tradesperson, shall produce for inspection, such licence, identification card and
photograph.
INSPECTIONS OF RECORDS
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8.
The Director of Licensing or an inspector may require any contractor or master
tradesperson licensed or required to be licensed under this Schedule to produce the
trades records of such tradesperson or other relevant documentation for the purpose
of determining whether such tradesperson is validly licensed under this By-law, or
whether a provision of this By-law has been or is being contravened;
TRANSFER OF LICENCE AND EXAMINATION OF APPLICANTS
9.
A contractor's or master's licence issued under this By-law shall not be transferred to
another person, and such licence shall be valid only from the place of business
indicated thereon.
9.1
The Director of Licensing may at any time require an examination of a Part V or Part
VI licence holder by the Trades and Examining Board.
PLACE OF BUSINESS
10.
A contractor is not required to have a regular place of business in Ontario provided
that the contractor employs a master tradesperson licensed under this By-law who
has a regular place of business or residence in Ontario.
APPLICATION OF SCHEDULES AND STATUTES
11.
Every person holding a contractor's or master's licence under this By-law and every
tradesperson carrying on or engaging in the trade or occupation in respect of which
a licence is issued, shall observe and comply with and be governed by all the
provisions set out in the provisions of this Schedule, and also all the provisions of the
Trades Qualification And Apprenticeship Act and the regulations there under which
relate to such person's trade and occupation.
RENEWALS
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12.
The Director of Licensing may renew a licence under Part V or Part VI without
requiring an examination of the licence holder by the Trades Examining Board where
a valid licence under this Schedule was held by the licence holder in the immediate
proceeding year.
REVOCATION AND SUSPENSION OF LICENSES
13.(1) Upon suspension or revocation of a licence issued under this Schedule, the licence
holder shall return to the Director of Licensing all photographs, numbers and licence
cards issued by the Director of Licensing within seven days of the date the notice of
suspension or revocation of the licence is given by the Director of Licensing.
(2) Upon receipt of the findings by the Trades Examining Board, the Issuer of Licences
within five days, shall make a decision on the application for the issuance of a licence,
and shall notify the applicant in writing of the decision within three days of such
decision being made.
TRADES EXAMINING BOARD
14.(1) Trades Examining Board is established to be comprised of such persons as
appointed by the Director of Licensing. The function of the Board shall be to make
findings concerning the competence of contractors and masters and other
tradespersons in their respective trades and occupations regulated under this
Schedule and referred to it by the Director of Licensing.
(a) The findings of the Board shall state whether the applicant is eligible to be
licensed and shall be sent to the Director of Licensing;
(b) The Board shall meet at the call of the Chairman upon three days notice, but not
less than once annually;
(c) The Board shall consist of two panels of three members each, one panel each for
the Building Repair and the Drain Repair trades regulated under this Schedule;
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(d) Each panel of the Board shall consist of three qualified tradespersons from each
trade regulated under this By-law, one of whom may be an Inspector. A majority
vote of the designated panel shall be deemed to be a finding of the Board.
CERTIFICATE OF QUALIFICATION
15.
A person holding a valid Certificate of Qualification issued by the Province of Ontario,
or holding an equivalent inter-provincial Certificate, each for a minimum of two years,
shall be eligible to make application for a master's licence for the plumbing trade, the
heating, air conditioning and ventilation trade and the sprinkler and fire protection
installer trade.
PART III: PLUMBING CONTRACTORS AND PLUMBING MASTERS
INTERPRETATION
16.
In this Schedule,
(a) "plumbing Contractor" means a person engaged in the business of contracting
with a member of the public or another contractor for the placing, installing,
maintaining, repairing or replacing of any pipe, fixture or other device, equipment
or facility of a plumbing system or in other plumbing work, and includes any
person who solicits for plumbing work, and who in any way advertises, or holds
himself out to the public, as doing or contracting to do plumbing work by himself
or through another qualified person, or as being a plumbing contractor, and who
has a regular place of business in Ontario;
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(b) "Plumbing Master" means a person who has been issued a Certificate of
Qualification in the plumbing trade under Trades Qualification And Apprenticeship
Act and is aware of and knowledgeable in the general regulations under the
Trades Qualification And Apprenticeship Act, and operates in a manner pursuant
to the requirements required by the said Act and Regulations there under and is
skilled in the planning, superintending and installing, maintenance and repair of
plumbing equipment and who is familiar with the laws, rules and regulations
governing the same, who has a regular place of business in Ontario and who,
himself, or by journeyman tradesmen under his or her supervision performs the
trade of plumber; and
(c) "Plumbing" includes any procedure, method, matter or thing referred to
described in the Building Code Act 1992, and amendments thereto from time to
time; and plumbing work has a corresponding meaning;
APPLICATION OF SCHEDULE
17.
The provisions of this Schedule shall apply to all persons engaging in any plumbing
occupations, as:
(a) Plumbing Contractor;
(b) Plumbing Master.
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LICENCE REQUIREMENTS
18.(1) No person shall carry on the business of a plumbing contractor without a plumbing
contractor's licence issued pursuant to this Schedule, entitling him or her so to do,
and, is or has a licensed plumbing master in his or her employ.
(2) No person shall engage in the occupation of a plumbing master unless he or
she is the holder of a current valid licence issued pursuant to this By-law entitling
him or her so to do.
(3) Before commencing any work, or upon completion of the work, a form of written
agreement (including an invoice or written firm estimate of work to be done), shall be
entered into by a plumbing contractor with the person for whom the work is to be
done, containing the name and address of the contractor and customer and an
itemized price or firm estimate of the goods and services to be provided.
APPLICATION FOR LICENSE
19.
Where the application is for a plumbing contractor's licence, the application shall
include:
(a) The name and address of a licensed plumbing master who is employed by the
plumbing contractor and the name of the person who has applied for a plumbing
master's licence, or the applicant contractor who is also a master plumber;
(b) The business address of the plumbing contractor;
(c) The name and address of the owner, partners or company officers responsible
for the operation of the plumbing contractor's business;
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(d) The name of the Insurance Company providing the public liability and property
damage coverage for the Plumbing Contractor and all tradespersons employed
or retained by him, during the currency of the licence.
20.
Where the application is for a plumbing master's licence, an application shall be made
to the Director of Licensing and shall include:
(a) The applicant's qualifications as outlined in the application form, evidence that he
or she is the holder of a Certificate of Qualification as a plumber for the minimum
of two years, and the address of his or her regular place of business in Ontario;
(b) The address of the plumbing master's employer or one's own address if self-
employed may be accepted to meet the requirements of having a regular place
of business in Ontario if the employer is the holder of a plumbing contractor's
licence under this By-law;
DISQUALIFICATION OF CONTRACTOR
21.(1) When the plumbing master whose name appears on a plumbing contractor' certificate
is no longer regularly employed by the plumbing contractor, the contractor shall within
three days notify the Director of Licensing, in writing, the name and address of the
master who will thenceforward be responsible, or with particulars of his or her
arrangements pending the engaging of a master to be in charge.
(2) It shall be an offence for any plumbing contractor to have any plumbing work
performed by him or her when there is not in his or her employ a licensed plumbing
master whose name and address have been furnished to the Director of Licensing in
writing.
(3) It shall be an offence for a plumbing master to carry on the work of a plumbing master
for more than one plumbing contractor for the same period of time unless authorized
in writing by the Director of Licensing for a maximum of 60 days or by the Licensing
Tribunal for a longer period;
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(4) It shall be an offence for a plumbing contractor to perform or have performed any
plumbing work without employing a tradesperson holding a valid master's licence or
Certificate of Qualification issued by the Province of Ontario, to perform such work.
22.
The licence number issued to a plumbing contractor by the Director of Licensing or
the business name of the plumbing contractor shall be displayed in any advertising
by such person for that trade.
PART IV: HEATING, AIR CONDITIONING, AND VENTILATION
CONTRACTOR AND MASTER WARM AIR HEATING, AIR
CONDITIONING AND VENTILATION INSTALLER
INTERPRETATION
23.(1) In this Schedule,
(a) "Heating, Air Conditioning and Ventilating Contractor" means a person
engaged in the business of contracting for the installation, maintaining, repairing,
or replacing of warm air heating or cooling equipment or refrigeration or ventilation
equipment and systems of any kind, and the distribution, piping and ductwork
including the installation of oil tanks and oil gas burners, and includes any person
who solicits for heating or cooling work, and who in any way advertises, or holds
himself out to the public, as doing or contracting to do heating or cooling work by
himself or through another qualified person, or as being a heating, ventilating and
refrigeration and cooling contractor, and who has a regular place of business in
Ontario;
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(b) "Heating, Air Conditioning and Ventilating and Refrigeration" means the lay
out, assembly, installation, repairs, and manufacturing in the field, any cooling or
refrigeration or heating/cooling combination system for residential, commercial,
institutional, or industrial purpose and included the manufacturing, fabrication,
assembly, installation or service of a ferrous and non-ferrous sheet metal work
and further includes the installation of piping that conveys gas or the tubing of any
air handling system.
As part of this interpretation "Air Conditioning" is interpreted to mean, by all
definitions:
The simultaneous control of;
(i) Temperature, (Heating, or cooling air);
(ii) Humidity, (humidifying or dehumidifying air);
(iii) Cleanliness, (Mechanical or Electronic air cleaning); and
(iv) Air Motion (The proper air distribution within a building with related
(fresh air) for comfort conditions; and
(c) "Master Warm Air Heating, Air Conditioning and Ventilation Installer" means
a person who has been issued a Certificate of Qualification in the trade of Sheet
Metal or Refrigeration, Air-conditioning Mechanic or as a Steam Fitter or as an
Oil Burner Mechanic or Gas Fitter under the Energy Act for a minimum of two
years.
APPLICATION OF SCHEDULE
24.(1) The provision of this Schedule shall apply to all persons engaging in any Heating, Air
Conditioning, Refrigeration or Ventilation work as:
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(a) Heating, Air Conditioning, and Ventilation Contractor;
(b) Master Warm Air Heating, Air Conditioning and Ventilation Installer; or
(c) The holder of a Certificate of Qualification under the Trades Qualification And
Apprenticeship Act as a Refrigeration and Air Conditioning Mechanic, a Steam
Fitter or Sheet Metal Worker, or qualified as an Oil Burner Mechanic or Gas Fitter
under the Energy Act;
(2) Every licensee hereunder shall observe and comply with and be governed by
this Schedule and all the provisions of the Trades Qualification And
Apprenticeship Act and the Regulations there under related to the trade regulated
under this Schedule.
LICENCE REQUIRED
25.(1) No person shall carry on the business of a Heating, Air Conditioning, and Ventilation
Contractor, without a Contractor's licence under this By-law, entitling him or her so to
do and has a licensed Master Warm Air Heating, Air Conditioning, and Ventilation
installer in one or more of the trades mentioned in section 24(c) his or her employ;
(2) No person shall engage in the occupation of a Master Warm Air Heating, Air
Conditioning, and Ventilation installer, unless he or she is the holder of a current valid
licence under this schedule entitling him or her so to do in one or more of the
trades mentioned in section 24(c);
(3) Before commencing any work, or upon completion of the work, a form of written
agreement shall be entered into by a Heating, Air Conditioning, and Ventilation
Contractor with the person for whom the work is to be done, containing the name
and address of the buyer and seller and an itemized price or firm estimate of the
goods and services to be provided;
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26.
Where the application is for a heating, air conditioning, refrigeration and
ventilation contractor's licence the application shall include:
(a) the name and address of a licensed master warm air heating, air conditioning,
and ventilation installer who will be in the contractor's employ or the name of the
person who has applied for a master heating, air conditioning and ventilation
installer's licence;
(b) the business address of the heating, air conditioning and ventilation contractor;
(c) the name and address of the principals of the company responsible for the
operation of the business; and
(d) the name of the Insurance Company providing the public liability and property
damage coverage for the Contractor and all tradespersons employed or retained
by him, during the currency of the licence;
27.
Where the application is for a Master Warm Air Heating, Air Conditioning and
Ventilation installers licence, an application shall be made to the to the Director of
Licensing and shall include:
(a) the applicant's qualifications as outlined in the application form, and provide
evidence that he or she has a minimum of two years experience in the field of
heating, air conditioning, refrigeration and ventilation and that he or she is a holder
of a Certificate of Qualification for a minimum of two years as a Refrigeration and
Air Conditioning Mechanic, a Steam Fitter or Sheet Metal worker or qualified as
an Oil Burner Mechanic or Gas Fitter under the Energy Act; and
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(b) the address of the Master Warm Air Heating, Air Conditioning, and Ventilation
installer, if self-employed, and the address of the Master installer and employer if
employed by a contractor, may be accepted to meet the requirements of having
a regular place of business in Ontario if the employer is the holder of a Heating,
Air Conditioning, Refrigeration and Ventilation Contractor's licence under this By-
law.
DISQUALIFICATION OF CONTRACTOR
28.(1) When the Master Warm Air Heating, Air Conditioning, and Ventilation installer, whose
name appears on a Heating, Air Conditioning, and Ventilation Contractor's certificate
is not longer regularly employed and in actual charge of the work, the contractor shall
within three days notify the Director of Licensing, in writing, of the name and address
of the Master who will henceforward be in charge, or with particulars of his or her
arrangements pending the engaging of a Master to be in charge of the Contractor's
work.
(2) It shall be an offence for any Heating, Air Conditioning, and Ventilation Contractor to
have any Heating, Air Conditioning, Refrigeration and Ventilation work performed by
him or her when there is not in his or her employ a licensed Master Warm Air Heating,
Air Conditioning and Ventilation installer to be responsible for the work whose name
and address have been furnished to the Director of Licensing, in writing.
(3)
It shall be an offence for a Master Warm Air Heating, Air Conditioning and Ventilation
installer to carry on the work of a Master Warm Air Heating, Air Conditioning and
Ventilation installer for more than one Heating, Air Conditioning and Ventilation
Contractor for the same period of time unless authorized in writing by the Director of
Licensing for a maximum of 60 days or by the Licensing Tribunal for a longer period.
(4) It shall be an offence for a Heating, Air Conditioning and Ventilation Contractor to
perform or have performed any Heating, Air Conditioning, Refrigeration or Ventilation
work without employing a tradesperson holding a valid master's licence
or Certificate of Qualification issued by the Province of Ontario, to perform such work.
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29.
The licence number issued to a Heating, Air Conditioning, and Ventilation Contract
by the Director of Licensing or the business name of the Heating, Air Conditioning,
and Ventilation Contractor shall be displayed in any advertising for that trade of such
person.
PART V: DRAIN REPAIR CONTRACTORS
AND DRAIN INSTALLER MASTERS
INTERPRETATION
30.(1) In this Schedule,
(a) "Drain Repair Contractor" means a person engaged in the business of
contracting for the repairing, constructing or installing or drainage works or
systems or who engages in the business of cleaning drains or contracting for
installing weeping tile beds and septic tank systems, and includes any person
who solicits for drain work and who in anyway advertises, or holds himself out to
the public, as doing or contracting to do drain repair and installation work by
himself or through another qualified person or as being a drainlayer contractor,
and who has a regular place of business in Ontario;
(b) "Drain Installer Master" means a person who supervises work for a drain
contractor, who is skilled in the planning, superintending and performing of drain
repair and installation work and who is familiar with the laws, rules and regulations
governing the same, and who has a regular place of business in Ontario;
(c) 'Drain work" means and includes any work of drain laying, weeping tile installing,
septic tank installing, drain reconstruction or repairing, or removing tree roots or
other obstructions from drains or private drain connections by mechanical or other
means; and
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(d) "Drain Repair Examining Panel" means the examining board appointed by
Council under the provisions of this Schedule.
APPLICATION OF SCHEDULE
31.(1) The provisions of this Schedule shall apply to all persons engaging in any of the
following drain work, namely;
(a)
Drain Repair Contractor;
(b)
Drain Installer Master.
(2) The provisions of this Schedule shall not apply to the performance by a plumber
licensed hereunder and doing plumbing or drainage work or cast iron or other metal
plumbing work outside a building or doing the installation of septic tanks.
LICENCE REQUIRED
32. (1) No person shall carry on the business of a drain repair contractor without a
drain repair contractor's licence under this By-law, entitling him or her so to do
and with a licensed drain installer master or a tradesperson experienced in
drain laying and repair in his or her employ who is in actual charge of the work.
(2) No person shall engage in the occupation of a drain installer master unless he or she
is the holder of a current valid licence issued pursuant to this By-law entitling him or
her so to do.
(3) Before commencing any work or upon completion of the work a form of written
agreement shall be entered into by a drain repair contractor with the person for whom
the work is to be a done, containing the name and address of the buyer and seller
and an itemized price or firm estimate of the goods and services to be provided.
APPLICATION FOR LICENSE
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33.
Where the application is for a drain repair contractor's licence, the application shall
include:
(a) the name and address of a licensed drain installer master who will be responsible
for the drain repair contractor's work or the name of the person who has applied
for a drain installer master's licence, in the event that the applicant contractor is
also a master installer;
(b) the business address of the drain repair contractor;
(c) the name and address of the owner, partners or company officers responsible for
the operation of the business; and
(d) the name of the Insurance Company providing the public liability and property
coverage for the contractor and all persons employed or retained by him, during
the currency of the licence.
34.
Where the application is for a drain installer master's licence, an application shall be
made to the examining board and shall include:
(a) the applicant's qualifications as outlined in the application form, to include
evidence that he or she has a minimum of two years experience in the field of
drain installing and repair, and the address of his or her regular place of business
in Ontario; and
(b) the address of the drain installer master's employer may be accepted to meet the
requirements of having a regular place of business in Ontario if the employer is
the holder of a drain repair contractor's licence under this By-law.
EXAMINATION BY DRAIN REPAIRS EXAMINING PANEL
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35. (1) Every applicant for a drain installer master's licence shall be examined by the Drain
Repairs Examining Panel of the Trades Examining Board as hereinafter constituted,
touching his or her knowledge of the provisions of this By-law and of all relevant codes
and standards relating to the planning and Installation of drain systems and
equipment used in connection therewith.
(2) No licence shall be issued under this Schedule unless the results of the
examination are satisfactory to the examining panel.
(3) The Drain Repair Examining Panel of the Board shall not be required to receive or
entertain any application for an examination within a period of less than
three
months following the failure of the applicant to pass a previous examination for a
similar licence.
DRAIN REPAIR PANEL OF TRADES EXAMINING BOARD
36. (1) Recommendations for members to the Drain Repair Examining Board will be received
by the Tribunal from an official inspection agency under the authority of a Province of
Ontario Act or a municipality or a drain repair trade organization in the City.
(2) The members of the Drain Repair Examining Panel shall hold office for the balance
of the calendar year in which they have been appointed and until their successors
have for cause, been appointed, unless their term is terminated sooner, for cause,
and shall receive such remuneration for their services as may be fixed by the City
Council.
(3) It shall be the duty of the Drain Repair Examining Panel to supply the results of every
examination to the Director of Licensing.
DISQUALIFICATION OF CONTRACTOR
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37.(1) When the drain installer master whose name appears on a drain repair contractor's
certificate is no longer regularly employed and responsible for the work, the contractor
shall within three days notify the Director of Licensing, in writing, with the name and
address of the master who will thenceforward be in charge, or with particulars of his
or her arrangements pending the engaging of a master to be in charge.
(2) It shall be an offence for any drain repair contractor to have any drain work performed
when there is not responsible for the work a licensed, drain installer
master or tradesperson experienced in the drain laying and repair whose name and
address have been furnished to the Director of Licensing in writing.
(3) It shall be an offence for a drain installer master to carry on the work of a drain installer
master for more than one drain repair contractor or for the
same period of time
unless authorized in writing by the Director of Licensing for a maximum of 60 days or
by the Licence Tribunal for a longer period.
37.
The licence number issued to a drain repair contractor by the Director of Licensing or
the business name of the drain repair contractor shall be displayed in any advertising
for that trade of such person.
PART VI: BUIILDING REPAIRS CONTRACTORS
AND BUILDING REPAIRS MASTERS
INTERPRETATION
39.
In this schedule,
(a) "Building Repairs Contractor" means a person engaged in the business of
carrying out repairs or renovations of buildings, and includes any person who
solicits for such work or who in any way advertises or holds himself out to the
public as doing or contracting to do building repairs by himself or by another
qualified person or as being a building repairs contractor, and who has a regular
place of business in Ontario;
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(b) "Building Repairs Master" means a person who is skilled in the planning and
superintending of repairs and renovations of buildings and who is familiar with the
laws, rules and regulations governing the same, and who has a regular place of
business in Ontario;
(c) "Building" means a structure consisting of a wall, roof and floor or any one or
more of them, or a structural system serving the function thereof including all the
works, fixtures, and service systems appurtenant thereto;
(d) "Repairs and renovations" means to do anything in the erection, installation,
extension or replacement of a part of a building and includes the installation of a
building unit fabricated or moved from elsewhere; and
(e) "Building Repairs Examining Panel" means the examining board appointed
under the provisions of this Schedule.
APPLICATION OF SCHEDULE
40.
The provisions of this Schedule shall apply to all persons engaging in building repairs
and renovations, namely
(a) Building Repairs Contractor;
(b) Building Repairs Master.
LICENCE REQUIREMENTS
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41.(1) No person shall carry on the business of a building repairs contractor without a
building repairs contractor's licence under this By-law entitling him so to do and is or
has a licensed building repair master in his or her employ who is in actual charge of
the work.
(2) No person shall engage in the occupation of a building repairs master unless he or
she is the holder of a current valid licence under this Schedule entitling him or her so
to do.
(3) Before commencing any work or upon completion of the work, a form of written
agreement (including a written firm estimate or detailed invoice of work and repairs
to be done) shall be entered into by a building repairs contractor with the person for
whom the work is to be done, containing the name and address of the buyer and
seller and an itemized price or firm estimate of the goods and services to be provided.
APPLICATION FOR LICENCE
42.
Where the application is for a building repairs contractor's licence, the application
shall include:
(a) the name and address of a licensed master who will be responsible for the
building repairs contractor's work or the name of the person who has applied for
a building repairs master's licence, in the event that the master is also a
contractor;
(b) the business address of the building repairs contractor;
(c) the name and address of the owner, partners or company officers responsible for
the operation of the business; and
(d) the name of the Insurance Company providing public liability, and property
damage coverage for the building repairs contractor and all persons employed or
retained by him or her during the currency of his or her licence.
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43.(1) Where the application is for a building repairs master's licence, an application
shall be made to the Building Repairs Examining Panel and shall include:
(a) the applicant's qualifications as outlined in the application form, to include
evidence that he or she has a minimum of two years experience in the field of
building construction, and the address of his or her regular place of business in
Ontario; and
(b) the address of the master builder's employer may be accepted to meet the
requirements of having a regular place of business in Ontario if the employer is
the holder of a building repairs contractor's licence under this By-law.
(2) Every applicant for a building repairs master's licence shall be examined by the
Building Repair Examining Panel of the Trades Examining Board as hereinafter
constituted, touching his or her knowledge of the provisions of this Schedule and of all
relevant codes and standards and By-laws relating to the planning and installation of
building systems and equipment used in connection therewith;
(3) No licence shall be issued under this Schedule unless the results of the examination
are satisfactory to the examining panel or previous qualification for a licence under
this Schedule is satisfactory to the examining panel;
(4) The Building Repairs Examining Panel shall not be required to receive or entertain any
application for an examination within a period of less than three months following the
failure of the applicant to pass a previous examination for a similar licence.
BUILDING REPAIRS PANEL OF THE TRADES EXAMINING BOARD
43.(1) Recommendations for members to the building repairs examining panel will be
received by the Tribunal from an official inspection agency under the authority of a
Province of Ontario Act or a municipality or a building trade organization in the City.
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(2) The members of the Building Repairs Examining Panel shall hold office for the
balance of the calendar year in which they have been appointed and until their
successors have been appointed, unless their term is terminated sooner, for cause,
and shall receive remuneration for their services as may be fixed by the Council.
(3) It shall be the duty of the Building Repairs Examining Panel to supply the results of
every examination to the Director of Licensing.
DISQUALIFICATION OF CONTRACTOR
45.(1) When the building repairs master whose name appears on a building repairs
contractor's licence certificate is no longer regularly employed and responsible for the
work, the contractor shall within three days notify the Director of Licensing, in writing,
with the name and address of the master who will thenceforward be in charge, or with
particulars of his or her arrangements pending the engaging of a master to be in
charge.
(2) It shall be an offence for any contractor to have any building and renovation work
performed when there is not in actual charge of the work a licensed building repairs
master whose name and address has been furnished to the Director of Licensing in
writing.
(3) It shall be an offence for a building repairs master to carry on the work of a building
repairs master for more than one building repairs contractor for the same period of
time unless authorized in writing by the Director of Licensing for a maximum of 60
days or by the Licence Tribunal for a longer period.
46.
The licence number issued to a building repair contractor by the Director of Licensing
or the business name of the building repair contractor shall be displayed in any
advertising for that trade of such person.
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PART VII: SPRINKLER AND FIRE PROTECTION INSTALLER CONTRACTORS AND
SPRINKLER AND FIRE PROTECTION INSTALLER MASTERS
INTERPRETATION
47.
In this Schedule,
(a) "Sprinkler and Fire Protection Installer Contractor" means a person engaged
in the business of contracting with a member of the public or another contractor
for the planning, laying out, installing or maintaining of piping systems to protect
against fires, and includes any person who solicits for sprinkler and fire protection
installer work, and who in any way advertises, or holds himself out to the public,
as doing or contracting to do sprinkler and fire protection installer work by himself
or through another qualified person, or as being a sprinkler and fire protection
installer contractor, and who has a regular place of business in Ontario; and
(b) "Sprinkler and Fire Protection Installer Master" means a person who has been
issued a Certificate of Qualification in the sprinkler and fire protection installer
trade under Trades Qualification And Apprenticeship Act and is aware of and
knowledgeable in the general regulations under the Trades Qualification And
Apprenticeship Act, and operates in a manner pursuant to the requirements
required by the said Act and Regulations there under and is skilled in the
planning, laying out, installing or maintaining of piping systems to protect against
fires and who is familiar with the laws, rules and regulations governing the same,
who has a regular place of business in Ontario and who, himself or herself, or by
journeyman tradesmen under his or her supervision performs the trade of
sprinkler and fire protection installer.
APPLICATION OF SCHEDULE
48.
The provisions of this Schedule shall apply to all persons engaging in any sprinkler
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and fire protection installer occupations, as a:
(a) Sprinkler and Fire Protection Installer Contractor;
(b) Sprinkler and Fire Protection Installer Master.
LICENCE REQUIREMENTS
49.(1) No person shall carry on the business of a sprinkler and fire protection installer
contractor without a sprinkler and fire protection installer contractor's licence issued
pursuant to this Schedule, entitling him or her so to do, and, is or has a licensed
sprinkler and fire protection installer master in his or her employ.
(2) No person shall engage in the occupation of a sprinkler and fire protection installer
master unless he or she is the holder of a current valid licence issued pursuant to this
By-law entitling him or her so to do.
(3) Before commencing any work, or upon completion of the work, a form of written
agreement (including an invoice or written firm estimate of work to be done), shall be
entered into by a sprinkler and fire protection installer contractor with the person for
whom the work is to be done, containing the name and address of the contractor and
customer and an itemized price or firm estimate of the goods and services to be
provided.
APPLICATION FOR LICENCE
50.
Where the application is for a sprinkler and fire protection installer contractor's
licence, the application shall include:
(a) The name and address of a licensed sprinkler and fire protection installer master
who is employed by the sprinkler and fire protection installer contractor and the
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name of the person who has applied for a sprinkler and fire protection installer
master's licence, or the applicant contractor who is also a master sprinkler and
fire protection installer;
(b) The business address of the sprinkler and fire protection installer contractor;
(c) The name and address of the owner, partners or company officers responsible
for the operation of the sprinkler and fire protection installer contractor's business;
(d) The name of the Insurance Company providing the public liability and property
damage coverage for the sprinkler and fire protection installer contractor and all
tradespersons employed or retained by him or her, during the currency of the
licence.
51.
Where the application is for a sprinkler and fire protection installer master's licence,
an application shall be made to the Director of Licensing and shall include:
(a) The applicant's qualifications as outlined in the application form, evidence that he
or she is the holder of a Certificate of Qualification as a sprinkler and fire protection
installer for the minimum of two years, and the address of his or her regular place
of business in Ontario;
(b) The address of the sprinkler and fire protection installer master's employer or his
or her own address if self-employed may be accepted to meet the requirements
of having a regular place of business in Ontario if the employer is the holder of a
sprinkler and fire protection installer contractor's licence under this By-law;
DISQUALIFICATION OF CONTRACTOR
52.(1) When the sprinkler and fire protection installer master whose name appears on a
sprinkler and fire protection installer contractor's certificate is no longer regularly
employed by the sprinkler and fire protection installer contractor, the contractor shall
within three days notify the Director of Licensing, in writing, of the name and address
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of the master who will thenceforward be responsible, or with particulars of his or her
arrangements pending the engaging of a master to be in charge.
(2) It shall be an offence for any sprinkler and fire protection installer contractor to have
any sprinkler and fire protection installer work performed by him or her when there is
not in his or her employ a licensed sprinkler and fire protection installer master whose
name and address have been furnished to the Director of Licensing in writing.
(3) It shall be an offence for a sprinkler and fire protection installer master to carry on the
work of a sprinkler and fire protection installer master for more than one sprinkler and
fire protection installer contractor for the same period of time unless authorized in
writing by the Director of Licensing for a maximum of 60 days or by the Licensing
Tribunal for a longer period;
(4) It shall be an offence for a sprinkler and fire protection installer contractor to perform
or have performed any sprinkler and fire protection installer work without employing
a tradesperson holding a valid master's licence or Certificate of Qualification issued
by the Province of Ontario, to perform such work.
53.
The licence number issued to a sprinkler and fire protection installer contractor by the
Director of Licensing or the business name of the sprinkler and fire protection installer
contractor shall be displayed in any advertising by such person for that trade.
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SCHEDULE 30
TRANSIENT TRADERS
1.
In this Schedule,
(a) "trade" means trade, business, or occupation; and
(b) "transient trader" means a person who offers goods, wares or merchandise for
sale in any manner in the City,
(i)
other than on a permanent basis, or
(ii)
on a permanent basis if the total time the person has operated the
business on a permanent basis and the time the person continuously
resided in the City immediately before beginning to operate the business
on a permanent basis is less than three months.
A person who commences business by offering of goods, wares or merchandise
for sale at a particular location, may still qualify as a transient trader, whether or
not the trade is conducted with the use of a building or fixtures.
2.
Every transient trader shall obtain and maintain in good standing a licence authorizing
the transient trader to carry on or engage in his or her trade.
3.
No transient trader shall commence the sale of goods, wares or merchandise until a
licence has been issued under section 2.
4.
Every applicant for a licence or a renewal thereof shall make the application in person
and not by an agent or representative.
5.
Every transient trader shall pay a licence fee before commencing trade in the City.
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6.(1) Every applicant for a transient trader's licence shall as part of the application for such
licence furnish a statement in writing containing a full description of the goods, wares
or merchandise that the transient trader proposes to sell or offer for sale under such
licence.
(2) A licence issued under subsection (1) is only permission for the particulars supplied by
the applicant under this section, and any change in the classes of goods sold will require
a new or separate application.
(3) Every applicant for a transient traders licence shall, as part of the application, provide a
letter of permission for the owner of the property where the applicant proposes to do
business as a transient trader. The aforementioned property shall be in compliance with
all requirements and provisions of the applicable Zoning By-law.
7. (1) The licences issued under this Schedule shall expire three months from the date of
issuance.
(2) The licence fee shall be applied on account of taxes payable on the land used for the
purposes of or in connection with the business if the land is owned by the person
carrying on the business during the year in which the licence was issued and five years
thereafter.
(3) Every transient trader shall cause their licence to be prominently and permanently
displayed in the transient trader's place of business during the full term in which the
transient trader is carrying on business as a transient trader and in default thereof is
guilty of an offence.
8.
This Schedule does not apply to:
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(a) The sale of the stock of a bankrupt or an insolvent, within the meaning of any
bankruptcy or insolvency Act in force in Ontario, nor to the sale of any stock
damaged by or by reason of fire, which is being sold or disposed of within the
municipality in which the business was being carried on at the time of the
bankruptcy, insolvency or fire, so long as no goods, wares or merchandise are
added to such stock;
(b) The sale of a business to a purchaser who continues the business; or
(c) A registered charitable organization or non-profit group or corporation selling goods,
wares or merchandise, the whole of the proceeds from which are donated to, or
used directly for charitable objects.
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SCHEDULE 31 (21-166)
RENTAL HOUSING UNITS
1:
DEFINITIONS
1.1
In this Schedule:
"Applicant" means a person applying for a licence under this Schedule;
"Building" means a structure, whether permanent or temporary, with walls or a roof or
part thereof, used or intended to be used for shelter, accommodation or enclosure of
persons, animals, goods or chattels;
"Building Code" means Ontario Regulation 332/12, as amended, under the Building
Code Act;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, as
amended;
"By-law" means the City of Hamilton By-law No. 07-170, a By-law to License and
Regulate Various Businesses, and includes this Schedule 31;
"Chief Building Official" means the Chief Building Official as appointed by Council
pursuant to the Building Code Act, or their designate, and may include building
inspectors for the purpose of doing inspections as contemplated under this Schedule;
"Dwelling Unit" means a room or suite of rooms used or intended to be used by one or
more persons living together as one household, in which cooking and sanitary facilities
are provided for the exclusive use of the household, and to which an independent
entrance is provided from outside the building or from a common interior hallway,
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vestibule or stairway;
"Fire Chief" means the City of Hamilton Chief of the Hamilton Fire Department or his
or her designate and includes all members of the Hamilton Fire Department that are
designated as an "Assistant to the Fire Marshal" for the purpose of doing inspections
as contemplated under this Schedule;
"Fire Code" means Ontario Regulation 213/07, as amended under the Fire
Protection and Prevention Act;
"Fire Protection and Prevention Act" means the Fire Protection and Prevention Act,
1997 S.O. 1997, c.4, as amended;
"Licensee" means any person, corporation or partnership licensed under this
Schedule;
"Medical Officer of Health" means the Medical Officer of Health for the Hamilton
Health Unit or their designate and includes public health inspectors for the purpose of
doing inspections as contemplated under this Schedule;
"Multiple Dwelling" means a building or part thereof containing five or more self-
contained Dwelling Units;
"Municipal Law Enforcement Officer" means an employee of the Licensing and By-
law Services Division of the City of Hamilton who is assigned by the Director of
Licensing to enforce the provisions of this By-law;
"Officer" shall include a Municipal Law Enforcement Officer, Medical Officer of Health,
Fire Chief, Chief Building Official and a Hamilton Police Services police officer;
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"Owner" includes:
(i)
each registered owner of a Rental Housing Unit;
(ii)
each person who permits occupancy of a Rental Housing Unit; and
(iii) the heirs, assigns, personal representatives and successors in title of a
person referred to in clauses (i) and (ii);
"Rental Housing Unit" means a Building or part of a Building:
(i)
Consisting of one or more rooms;
(ii)
Containing toilet and cooking facilities;
(iii) Designed for use as a Single Housekeeping Establishment; and
(iv) Used or intended for use as a rented residential premise;
"Ontario Fire Code" means O. Reg. 213/07, as amended, under the Fire Protection
and Prevention Act, 1997, S.O. 1997, c.4, as amended.
"Schedule" means this Schedule 31 to City of Hamilton By-law No. 07-170, a By-law to
License and Regulate Various Businesses;
"Single Housekeeping Establishment" - shall mean a household whose members
are an interactive group of persons jointly occupying a Dwelling Unit, including joint
access to and use of all common areas including living, kitchen, and eating areas within
the Dwelling Unit, and sharing household activities and responsibilities such as meals,
chores, expenses and maintenance, and in which there is collective decision making
with respect to the control of the premises, and the occupants have the largest degree of
control over the use of the dwelling and property; and,
"Tenant" includes a person who pays rent or provides services in lieu of paying rent, in
return for the right to occupy a Rental Housing Unit and includes the person's heir,
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assigns (including subtenants) and personal representatives.
2.
PROHIBITIONS
2.1 No person shall operate a Rental Housing Unit without holding a current valid licence
issued under the provisions of the By-law;
2.2 No person shall hold themselves out to be licensed under the By-law if they are not;
2.3 No person shall contravene or fail to comply with a term or condition of their licence
imposed under the By-law;
2.4 No person shall operate a Rental Housing Unit while their licence issued under the
By-law is under suspension;
2.5 No person shall transfer or assign a licence issued under the By-law;
2.6 No person shall provide false or misleading information to the City when applying
for a licence under the By-law, renewing a licence or at any other time;
2.7 No person shall hinder or obstruct an Officer or attempt to hinder or obstruct an
Officer who is performing a duty under the By-law; and,
2.8 Any person who provides false information to the City shall be deemed to have
hindered or obstructed an Officer in the execution of his or her duties.
3.
APPLICATION OF SCHEDULE 31 - RENTAL HOUSING UNITS
3.1 This Schedule shall apply to the geographic area as shown in Appendix "A" of this
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Schedule (Appendix "A" - Rental Housing Units in Wards 1, 8 and 14).
3.2 This Schedule shall not apply to:
a)
a Multiple Dwelling;
b)
a hotel, motel, inn or bed and breakfast; tourist home, lodging house or short-
term rental; or
c)
a Rental Housing Unit to which any of the following statutes, or their
regulations, apply:
i.
the Homes for Special Care Act, R.S.O. 1990, c. H.12, as amended;
ii.
the Innkeepers Act, R.S.O. 1990, c. 17, as amended;
iii.
the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, as amended;
iv.
the Retirement Homes Act, 2010, S.O. 2010, c. 11, as amended;
v.
the Social Housing Reform Act, 2000, S.O. 2000, c. 27, as amended;
and,
vi.
social housing or affordable housing that is not subject to Social
Housing Reform Act, 2000, S.O. 2000, c. 27, as amended, but which is
subject to an agreement with the City of Hamilton and which has been
approved for exemption by the Director.
4.
APPLICATIONS FOR A LICENCE AND RENEWAL OF LICENCE
4.1 Every application for a licence and renewal shall be made to the Director on the
forms provided by the Director. Without limitation, and in addition to the requirements
under the General Provisions of By-law 07-170, every application for a licence or a
renewal shall include the following information:
a)
the municipal address and legal description of the Rental Housing Unit;
b)
the name, municipal address, telephone number and email address of each
Owner;
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c)
If the Owner is a partnership, the name, address, telephone number and e-
mail address of each partner;
d)
If the Owner is a corporation, the address of its head office, the name,
address, telephone number of each director and officer and a copy of:
i.
Articles of incorporation;
ii.
A copy of the last initial notice or notice of change which has been filed
with the provincial or federal government; and,
iii.
A Certificate of Status issued by the Ministry of Government and
Consumer services.
e)
Evidence of ownership of the property to the satisfaction of the Director;
f)
A sworn statement by each Applicant certifying the accuracy, truthfulness
and completeness of the application;
g)
If none of the Owners reside in the City of Hamilton, or if the Owner is a
corporation, the name and contact information of any local contact including
their address, telephone number, facsimile number and e-mail address;
h)
Proof of Insurance that:
i.
Includes a limit of liability of no less than $2,000,000 (two million dollars)
per occurrence for property damage and bodily injury;
ii.
Identifies that the proposed use of the premise is that of a rental
property; and,
iii.
Requires that the Director be notified of any intended cancellation by
the insurer no fewer than 14 days prior to such cancellation; and,
i)
Any other documentation or information as may be required in any other part
of the By-law or this Schedule, and by the Director.
4.2 Every person applying for a license shall, in addition to completing the application
provided for in this Schedule and in addition to the requirements under the General
Provisions of By-law 07-170, provide the following additional materials in support of
the license application:
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(a)
Floor plan of the Rental Housing Unit including, for each room, its dimensions
and proposed use, clearly indicating the location and number of bedrooms;
(b)
A site sketch that indicates the location of the Rental Housing Unit, any
external garage/recycling facilities, and parking spaces (clearly indicate the
number of spaces provided and their dimensions) for the Rental Housing
Unit;
(c)
Evidence satisfactory to the Director confirming that the Rental Housing Unit
and its proposed use complies with the Electrical Safety Code, O. Reg.
164/99;
(d)
Certificate of compliance from the City verifying that the Rental Housing Unit
complies with the minimum maintenance requirement of the City's Property
Standards By-law;
(e)
Certificate of zoning verification from the City;
(f)
Completed fire inspection from the City confirming compliance with the Fire
Code;
(g)
A completed self-certification check list, as provided by the City;
(h)
A signed written statement that: The Licensee acknowledges that the Rental
Housing Unit must comply with all relevant federal and provincial legislation,
including the Ontario Human Rights Code, as well as all relevant municipal
by-laws, and that they will comply with all of them; and,
(i)
Any other documentation or information as may be required in any other Part
of the By-Law or by the Director.
5.
ISSUANCE OF LICENCES
5.1 Without limiting the requirements under the General Provisions of the By-law, every
licence that is issued for the first time, and every renewal thereof, is subject to the
following conditions of obtaining, continuing to hold and renewing a licence all of
which shall be performed and observed by the Applicant or the Licensee:
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a)
the Applicant or Licensee shall allow, at any reasonable time and when
permitted by law, the City to inspect the Rental Housing Unit;
b)
the Rental Housing Unit shall be in accordance with the requirements of the
Building Code Act and the regulations thereunder, the Fire Protection and
Prevention Act, 1997 and the regulations thereunder, and the City's Property
Standards By-law 10-221;
c)
where the Rental Housing Unit is altered and a building permit is required to
carry out the alterations, the Rental Housing Unit, as altered, shall be altered
to the satisfaction of the City;
d)
the use of the Rental Housing Unit is permitted or conforms with the uses
permitted under the applicable zoning by-law or is a legal non-conforming
use;
e)
the Applicant or Licensee shall not directly or indirectly require or cause a
Tenant to refuse to consent to lawful entry and inspection of a Rental
Housing Unit for the purpose of determining compliance with the By- law;
and,
f)
the Licensee shall produce a copy of its tenant agreement immediately when
requested to do so by an Officer.
5.2 A licence issued under the By-law shall be valid only for the number of bedrooms
that were indicated on the application form.
5.3 A separate licence shall be required for each Rental Housing Unit.
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5.4 No licence issued under this By-law may be sold or transferred.
5.5 The Licensee shall notify the Director of any change in ownership of the Rental
Housing Unit and shall surrender his, her or its licence to the Director within seventy-
two (72) hours of the completion of such change.
5.6 All licence fees and inspection fees related to this By-law shall be paid in accordance
with the applicable fees and charges by-law, as may be passed and amended by the
Council from time to time, and such licence fees and inspection fees paid shall be
non-refundable;
6.
POWERS OF THE DIRECTOR
6.1 Notwithstanding any other provision in the By-law, the power and authority to issue
or renew a licence, refuse to issue or refuse to renew a licence, to cancel, revoke or
suspend a licence, to impose terms and conditions, including special conditions on a
licence are delegated to the Director.
6.2 (a) The Director shall issue a licence or renew a licence where the requirements
or conditions of the By-law and this Schedule have been met:
(b)
In addition to the powers granted to the Director under the General
Provisions of the By-law, the Director may refuse to issue, refuse to renew or revoke
or suspend a licence or impose a term or condition on a licence on the following
grounds;
i)
The conduct of the Applicant or the Licensee, or any partner, officer,
director, employee or agent of the Applicant or Licensee, affords
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reasonable cause to believe that the Applicant or Licensee will not carry
on or engage in the operation of the Rental Housing Unit in accordance
with the law or with honesty or integrity;
ii)
There are reasonable grounds to believe that an application or other
documents provided to the Director by or on behalf of the Applicant or a
Licensee contains a false statement;
iii)
There are reasonable grounds to believe that the issuing of the licence
would not be in the public interest;
iv)
There are reasonable grounds to believe that the issuing of the licence
would pose a threat to the health and safety of person or property;
v)
An Applicant or Licensee is carrying on activities that are in
contravention of the By-law;
vi)
The Applicant or Licensee's Rental Housing Unit is subject to an order,
or orders, made pursuant to or by:
1)
The City of Hamilton's Property Standards By-law No. 10-221,
Property Maintenance (Yards) By-law No. 10-118, Snow and Ice
By-law No. 03-296, By-law Respecting the Prohibition and
Inspection of Marijuana Grow Operations (By-law 07-244), By-law
to Prohibit and Regulate Fortification and Protective Elements of
Land (By-law 10-122), or By-law to Regulate Enclosures for
Privately-Owned Outdoor Pools (By-law 16-184);
2)
The Building Code Act, 1992 or any regulations made under it,
including the Building Code;
3)
The Fire Protection and Prevention Act, 1997, as amended, or any
regulation made under it, including the Fire Code; or
4)
The Health Protection and Promotion Act, R.S.O. 1990, c. H.7
vii)
An Applicant or Licensee does not meet all the requirements of the
By-law or that the Rental Housing Unit does not comply with the
provisions of the By-law;
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viii) The Director has received an objection to the issuance or renewal of the
license by:
1)
the Chief Building Official;
2)
the Fire Chief;
3)
Medical Officer of Health; and/or,
4)
chief planner for the City of Hamilton, or his or her designate.
6.3 The Director may reject an application or its renewal where any of the documents
required by this By-law are incomplete or have not been filed.
6.4 Notwithstanding any other provision in the By-law, the Director may impose terms
and conditions on any licence at issuance, renewal or any time during the term of
the licence, including special conditions, as necessary in the opinion of the Director
to give effect to this Schedule.
6.5 Before revoking or suspending a license, the Director shall consider:
a)
The impact of any such license revocation or suspension on any Tenant; and
b)
Imposing terms or conditions on any such license revocation or suspension
that would minimize the adverse impact on Tenants, including the possibility
of providing a reasonable time period before the license revocation or
suspension takes place to permit Tenants to find new housing or to seek
relief in a Court or before the Ontario Landlord and Tenant Board;
7.
ENFORCEMENT
7.1 This Schedule may be enforced by an Officer.
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7.2 An Officer performing a duty under this By-law may be accompanied by a person
under his or her direction.
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SCHEDULE 32 (23-005)
SHORT-TERM RENTALS
1:
DEFINTIONS
1.1
For the purposes of this Schedule and any forms, contracts or policies prepared in
relation to this Schedule:
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23;
"Building Code" means Ontario Regulation 332/12 established under the Building
Code Act;
"By-law" means the City's By-law No. 07-170, a By-law to License and Regulate
Various Businesses, as amended, and includes this Schedule 32;
"User Fees and Charges By-law" means the City's user fees and charges by-law,
as amended and as approved annually by Council;
"Fire Protection and Prevention Act" means the Fire Protection and Prevention
Act, 1997, S.O. 1997, c. 4;
"Fire Code" means Ontario Regulation 213/07 established under the Fire
Protection and Prevention Act;
"Health Protection and Promotion Act" means the Health Protection and
Promotion Act, R.S.O. 1990, c. H. 7;
"Operator" means any individual who operates a Short-Term Rental and does not
include a corporation;
"Principal Residence" means a dwelling unit owned or rented by an individual,
either alone or jointly with others, where the individual is ordinarily resident, makes
their home and conducts their daily affairs, including, without limitation, paying bills
and receiving documentation related to identification, taxation and insurance
purposes, driver's licenses, income tax returns, medical plan documentation,
vehicle registration and voter registration, or similar information;
"Property Standards By-law" means the City's By-law No. 10-221, being a By-law
to Prescribe Standards for the Maintenance and Occupancy of Property, as
amended, or any successor by-law thereto;
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"Reservation" means a booking or commitment between an Operator and a person
that a Short-Term Rental will be available for the person's use for a specified period
of time;
"Schedule" means this Schedule 32 under the By-law;
"Short-Term Rental" means all or part of a dwelling unit used to provide sleeping
accommodations to the travelling public for any rental period that is less than 28
consecutive days in exchange for payment or other remuneration;
"Short-Term Rental Broker" means any person who advertises, facilitates the
advertisement of, or brokers Short-Term Rental Reservations via the internet, or
otherwise, and who:
(1) receives payment, compensation, or any financial benefit, due to, as a result
of, or in connection with a person making or completing a Short-Term Rental
Reservation; or
(2) collects, accesses, or holds information on the number of nights that
Reservations of any Short-Term Rental are made or completed;
This definition does not include a person who facilities or brokers Reservations for a
Short-Term Rental that is the Principal Residence of that person.
In this definition, "person" includes multiple persons who, acting together, carry on
the business of a Short-Term Rental Broker, despite the fact that no single one of
those persons carries on the activity in its entirety, and such may be held jointly and
severally responsible for each other's actions.
"Zoning By-Law" means a by-law enacted by the City under Section 34 of the
Planning Act, R.S.O. 1990, c. P.13.
2.
APPLICATION
2.1
This By-law does not apply to:
(a)
a hotel, motel, inn, resort, bed and breakfast or tourist home as defined and
regulated by the Ontario Building Code and/or Zoning By-law;
(b)
a residence operated by a post-secondary institution;
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(c)
an accommodation rented out to tenants in accordance with the Residential
Tenancies Act, 2006, S.O. 2006, C. 17.
(d)
a home for special care operated under the authority of a licence issued
under the Homes for Special Care Act, R.S.O. 1990, c. H. 12;
(e)
a long-term care home operated under the authority of a licence issued
under the Long-Term Care Homes Act, 2007, S.O. 2007, c.8;
(f)
a retirement home operated under the authority of a licence issued under the
Retirement Homes Act, 2010, S.O. 2010, c. 11; or
(g)
a boarding, lodging or rooming house, as defined in the Building Code and/or
Zoning By-law.
3.
PROHIBITIONS
3.1
No person shall operate a Short-Term Rental unless they have obtained a licence to
do so from the City.
3.2
No person shall operate a Short-Term Rental unless the Short-Term Rental is that
person's Principal Residence.
3.3
No person shall act as a Short-Term Rental Broker unless they have obtained a
licence to do so from the City.
3.4
No person shall provide or advertise a Short-Term Rental without prominently
displaying in each advertisement or listing:
(a)
the Operator's licence number; and
(b)
the maximum overnight guest limit as established by Section 4.9 of this
Schedule;
3.5
No person shall fail to remove an advertisement for a Short-term Rental that is
prohibited under this by-law within seven (7) days of becoming aware of the
prohibition or receiving notice to do so by the Director.
3.6
No person shall provide or advertise a Short-Term Rental to a number of guests
that is in excess of the overnight guest limit established in Section 4.9 of this
Schedule.
3.7
No person shall provide or advertise a Short-Term Rental with a Short-Term Rental
Broker that is not licenced in accordance with this By-law.
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3.8
Every Short-Term Rental Broker and Operator is required to maintain insurance as
specified in this Schedule.
3.9
No person who is required under this Schedule to maintain insurance shall fail to
keep the policy in force for the period for which the licence is in effect, inclusive of
any renewal period.
3.10 Any lapse in maintaining the insurance coverage required in this Schedule
invalidates any licence issued under this By-law.
4.
OPERATORS
4.1
To apply for an Operator's licence or its renewal, an applicant shall submit to the
City the information required by this By-law, together with all applicable fees, as
prescribed by the User Fees and Charges By-law.
4.2
An application for an Operator's licence shall be in a form approved by the Director
and require the applicant to provide:
(a) The Operator's name, phone number and e-mail address;
(b) The address of the Operator's Short-Term Rental;
(c) A floor plan showing the square footage of the residential unit in which the Short-
Term Rental will be located including the number of bedrooms in the Short-Term
Rental, along with the number of smoke alarms and carbon-monoxide detectors
and their respective locations;
(d) A description of what parts of the property will be used for Short-Term Rental;
(e) A description of the type of building in which the Short-Term Rental is located;
(f) The number of off-street parking spaces available for the Short-Term Rental;
(g) The guest information package, as further described in section 4.16;
(h) A detailed fire escape plan;
(i) Proof of adequate insurance coverage in accordance with section 4.17;
(j) Approval of condo board and/or owner of property, if applicable
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(k) Statutory declaration that the property is in compliance and will be maintained in
compliance with the Fire Protection and Prevention Act and any regulations
made thereunder including the Fire Code;
(l) Zoning verification for secondary dwelling units;
(m) The name and telephone number of an emergency contact person who will be
available 24 hours a day during rental periods;
(n) List of companies used to advertise the listing;
(o) Government-issued identification that is satisfactory to the Director to
demonstrate the Short-Term Rental is the Operator's Principal Residence;
(p) The applicant's original criminal record, provided that if no original criminal
record exists, the applicant shall submit instead original certification from the
police that no such record exists;
(q) A list of any criminal or provincial offences in all jurisdictions for which the
applicant has been convicted and not pardoned and which do not appear on any
original criminal record submitted; and
(r) Any other information or documents required by the Director.
4.3
No Short-Term Rental Operator's licence shall be issued to a corporation and no
more than one Short-Term Rental Operator licence per Operator is permitted.
4.4
An applicant for an Operator's licence or its renewal shall be an individual who is 18
years of age or older.
4.5
All licences issued to Operators shall be issued a unique licence number and will be
valid for one year after issuance. Operators may renew their licences annually by
paying the applicable fees and submitting the required documents.
Principal Residence Requirement:
4.6
For the purpose of this By-law, an Operator shall be deemed to have only one
Principal Residence at any time.
4.7
No Operator shall rent or advertise a property for Short-Term Rental unless it is the
Operator's Principal Residence at that time.
Limitations regarding rentals
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4.8
No Operator shall exceed the maximum limit for overnight guests of two (2) persons
per sleeping room. For the purpose of this requirement, children that are two (2)
years old or younger are exempt.
4.9
Operators shall ensure that their respective secondary dwelling units comply with
the Zoning By-law and are recognized by the City through the issuance of a building
permit and undergo inspections to confirm compliance with the Property Standards
By-law, Building Code Act; and Electricity Act, 1998, S.O. 1998, c. 15, Sched. A.
4.10 All Operators shall post their fire escape plan on all floors of their building in a
conspicuous place.
4.11 All Operators shall have working smoke alarms and carbon monoxide detectors in
their buildings in accordance with the Fire Code.
Requirements regarding guests and collection of information
4.12 Every Operator shall keep a record of each concluded transaction related to the
Operator's Short-Term Rental for three years following the date of the transaction.
A transaction is concluded on the last day of the rental period. The records retained
shall include the following:
(1) The number of nights the Short-Term Rental was rented;
(2) The nightly and total price charged for each rental; and
(3) Any other information required by the Director.
4.13 Every Operator shall provide the information referred to above to the City within 30
days of being requested to do so by the Director.
4.14 Every Operator shall provide the guest who made the reservation with an
information package for each rental period:
(a)
Electronically at the time of booking; and
(b)
Within the residential unit, in a printed document that is visible and
accessible to all guests.
4.15 The information package prescribed above shall include:
(a)
contact information for the Operator or person who is available to receive
communications from any guest during the rental period;
(b)
instructions for use of the 9-1-1 emergency system;
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(c)
the name and address of the nearest two (2) hospitals or emergency medical
services providing emergency care;
(d)
non-emergency contact information for Hamilton Police Service;
(e)
a floor plan for the residential unit indicating emergency evacuation routes
and the location of safety equipment;
(f)
notice to guests of the presence of any system onsite that is making video or
audio recordings or photographs;
(g)
instructions for solid waste disposal, to include information on the applicable
waste collection day and instruction for composting and recycling;
(h)
instruction for legal parking onsite and in the vicinity of the property, as
applicable; and
(i)
copy of the applicable Operator licence, occupancy limits and any conditions
imposed on the licence.
Insurance
4.17 Every Operator shall have and maintain Homeowners Insurance, Condominium
Insurance, or Renters Insurance, as appropriate, that includes the following:
(a)
coverage for Short-Term Rental or home sharing activity that is appropriate
for the nature of the property,
(b)
Host Liability or Commercial General Liability coverage of not less than One
Million Dollars ($1,000,000.00) per occurrence for personal injury, bodily
injury, death, and damage to property, and,
(c)
a provision that the City will be notified with no less than thirty (30) days
written notice of any cancellation.
5.
SHORT-TERM RENTAL BROKERS
5.1
To obtain a Short-Term Rental Broker licence with the City, an applicant shall
submit to the City the information required in this By-law together with all applicable
fees, as prescribed in the User Fees and Charges By-law.
5.2
A person may apply for a licence as a Short-Term Rental Broker by providing the
Director with the following:
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(a) A completed application form prescribed by the Director containing:
(i)
the full name of the applicant;
(ii)
if the applicant is a corporation, the relevant duly certified
incorporating documents and an updated certified copy of an annual
return with a list of shareholders of the corporation;
(iii)
If the applicant is a partnership, certified documents indicating the
name of the partnership and the names and addresses of each
partner; and
(b) Proof that the applicant is eighteen (18) years of age or older, if the applicant is
a natural person;
(c) The address of a place of business in the Province of Ontario, which is not a
post office box, to which the Director may send during business hours any notice
or documentation or communication that may be required under this By-law and
which the applicant or the applicant's agent will accept receipt of such notice,
documentation or communication;
(d) The name, telephone number and e-mail address of a designated
representative;
(e) Proof of insurance as required under this Schedule;
(f) Details of the process by which the company will remove advertisements for a
Short-Term Rental if its Operator has not obtained a licence from the City;
(g) Details of the company's procedure for dealing with problem Operators and
responding to complaints; and
(h) Any other information or documents required by the Director.
5.3
In any of the above required information changes during the term of the licence, the
Short-Term Rental Broker shall notify the City at its earliest convenience.
5.4
A Short-Term Rental Broker licence shall be valid for five (5) years and may be
renewed by paying the applicable fees and submitting the required documents
pursuant to this By-law.
Data Collection
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5.5
A Short-Term Rental Broker shall execute an agreement with the City governing the
collection, use, disclosure and retention of information on Short-Term Rentals,
Operators and guests, on terms satisfactory to the Director and City Solicitor.
5.6
If required by law, a Short-Term Rental Broker shall obtain the consent of the
Operators and guests for the collection, use and potential disclosure of the
Operator's and guest information to and by the City for the purpose of the
administration of this By-law, as amended from time to time, or its successor by-
laws.
5.7
Every Short-Term Rental Broker shall keep a record of each concluded transaction
in relation to a Short-Term Rental listed or advertised on its platform in the city of
Hamilton for three years following the last day of the rental period. A transaction is
concluded on the last day of the rental period. The records retained shall include the
following:
(a)
The listing identification number and corresponding licence number of each
Short-Term Rental listing for which it has provided Short-Term Rental Broker
services;
(b)
The total number of nights each Short-Term Rental listing has been rented in
each calendar year or part thereof;
(c)
The total amount of revenue collected for accounts associated with each
Short-Term Rental listing in each calendar year, or part thereof;
(d)
The total number of complaints received by the Short-Term Rental Broker in
respect of each Short-Term Rental in each calendar year or part thereof; and
(e)
Any other information required by the Director.
5.8
No Short-Term Rental Broker shall fail to remit to the Director the records required
above every three (3) months during the licence term.
5.9
No Short-Term Rental Broker shall fail to make available to the Director the records
or information required pursuant to this Schedule for a specific Short-Term rental
listing within seven (7) days following a request to do so.
5.10 Every Short-Term Rental Broker shall make available to the City the number of
Short-Term Rental listings or advertisements that have been removed from its
platform in accordance with section 3.5 of this Schedule.
5.11 Every Short-Term Rental Broker shall maintain and make publicly available its
procedure for dealing with complaints it receives about nuisances, criminal activity,
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and or contravention of federal, provincial or municipal law related to a Short-Term
Rental.
5.12 Every Short-Term Rental Broker shall have and maintain a system for receiving and
responding to complaints from the public.
5.13 Every Short-Term Rental Broker shall convey any communications issued by the
Director that relate to the requirements of this By-law to all Operators listing or
advertising their Short-Term Rental with the Short-Term Rental Broker in a format
and manner prescribed by the Director.
Insurance
5.14 Each Short-Term Rental Broker shall have and maintain:
a) Commercial General Liability Insurance subject to limits of not less that two
million dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death
and damage to property including loss of use, that includes: blanket contractual
liability, premises and operations liability, products and completed operations
liability, contingent employers liability; personal injury, owners and contractors
protective coverage; broad form property damage; occurrence property damage;
employees as additional insured, and cross liability and severability of interest
provision to the satisfaction of the City;
b) Comprehensive Crime Insurance, broad form coverage endorsed to include
third parties to adequately protect against loss of monies, securities or other
properties, while such property is in the Broker's care, custody, and control, for
dishonesty, disappearance and destruction, to protect against incidents arising
out of but not limited to theft, robbery or burglary; having a limit of not less than
$50,000) for Employee Dishonesty (Commercial Blanket Form A), Loss inside
the Premises, and Loss outside the Premises and Computer Funds Transfer
Fraud.
c) Cyber Liability and Privacy Breach Liability insurance in an amount of not
less than $1,000,000 per occurrence, to protect against privacy breach and
violations as a result of but not limited to unauthorized access to or wrongful
disclosure or dissemination of any private information, failure to properly handle,
manage, store, destroy or control personal or confidential information and
include the failure to comply with any privacy laws;
i. extend to include the costs associated with notification of affected
parties including credit monitoring costs for those individuals,
regardless if required by statute as well as any third party fines or
penalties or costs imposed as a result of any privacy or cyber
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breach including judgements, settlements, or defense of any
regulatory action involving a breach of privacy;
ii. Privacy breach expenses including crisis management and credit
monitoring expenses related to electronic and non-electronic
breaches to a limit of not less than $1,000,000;
5.15 The insurance provided in accordance with the above shall name the City as
additional insured.
5.16 The insurance provided in accordance with the above shall include an endorsement
to provide the City with no less than 30 days prior notice of any cancellation.
6.
GENERAL REQUIREMENTS
6.1
No person shall enjoy a right in the continuance of a licence and at all times the
value of a licence shall be the property of the City.
6.2
No person shall sell or transfer a licence issued under this Schedule.
6.3
No person licensed under this Schedule shall advertise, promote or carry on
business under any name other than that endorsed upon that person's licence.
6.4
The City shall, upon receipt of an application for a licence, or its renewal, investigate
as necessary with respect to the application and shall:
(1) if there are any reasonable grounds to believe that the applicant may not be
entitled to the issuance or renewal of a licence based on the criteria identified in
this By-law, send notice of this fact to the applicant; or
(2) subject to the provisions of this By-law, issue or renew the licence, with or
without conditions and send the appropriate notice to the applicant.
6.5
In addition to the criteria in section 12 of By-law 07-170, the Director shall issue or
renew a license to any person who meets the requirements of this By-law, except
where:
(1) the conduct, or past conduct, of the person affords the Director reasonable
grounds to believe that the person has not or will not carry on the Short-Term
Rental or the Short-Term Rental Broker business in accordance with applicable
law or with honesty and integrity;
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(2) the applicant is a corporation and its conduct or the conduct of its officers,
directors, employees, or agents afford reasonable grounds to believe that its
business has not been, or will not be carried on in accordance with law or with
integrity and honesty;
(3) The Director reasonably believes that the issuing of a license to a person could
be adverse to the public interest;
(4) The Director reasonably believes that the carrying on of the Short-Term Rental
or Short-Term Rental Broker business by the applicant has resulted, or will
result, in a breach of this By-law, a Zoning By-law or any other law;
(5) The Director has reasonable grounds to believe that the premises, advertising,
or platform in respect of which the licence is required have not complied or will
not comply with the provisions of this By-law, a Zoning By-law or any other law;
(6) The lot and/or building on which the Short-Term Rental is situated is subject to
an order, or orders, made pursuant to (or by): the Property Standards By-law,
the Building Code Act; the Fire Protection and Prevention Act; the Health
Protection and Promotion Act or any regulations made thereunder;
(7) The Short-Term Rental, the building in which it is situated, or the lot on which the
building is situated is not in compliance with the applicable Zoning By-law;
(8) The person or the subject lot is indebted to the City by way of fines, penalties,
judgements or outstanding (past due) property taxes; or
(9) The conduct of the applicant or other circumstances afford reasonable grounds
to believe that the operation of the Short-Term Rental or the acting as Short-
Term Rental Broker by the applicant has infringed, or would infringe, the rights of
other members of the public, or has endangered, or would endanger, their health
and safety.
6.6
Where an applicant for a Short-Term Broker licence is a corporation or a
partnership, section 6.5 shall apply to any of the officers or directors of the
corporation or partners in the partnership.
6.7
The Director may deny the issuance or renewal or a license where the applicant has
been convicted within the past five (5) years of a criminal offence for which a pardon
has not been granted.
6.8
The collection, use, disclosure, transmission, retention and destruction of personal
information by any Operator or Short-Term Rental Broker must be conducted in
accordance with the requirements of PIPEDA.
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7.
ENFORCEMENT
7.1
Notwithstanding anything else in this By-law, for the purpose of investigating
compliance with the By-law, the Director may audit or examine all books, records
and any account, voucher, letter, facsimile, and electronic or other document held
by a Short-Term Rental Broker or Operator that relates or may relate to information
that is or should be in the person's books or records.
7.2
A Short-Term Rental Broker and Operator shall comply with all audit directions
given by the Director within the time he or she specifies, including;
(a) Giving the Director all reasonable assistance with their audit or examination;
(b) Answering all questions relating to the audit or examination either orally or, if the
Director requires, in writing, on oath or affirmation, or by statutory declaration;
(c) Attending at a premise or place where the business is carried on or any City
office for the purposes of giving the Director reasonable assistance and
answering questions related to the audit or examination; and
(d) Producing on oath or affirmation or otherwise all books, letters, accounts,
invoices, financial statements, electronic or such other documents as the
Director considers necessary to determine compliance with this By-law.
7.3
Any person authorized by the Director may at all reasonable times and in
accordance with any applicable requirements in the Municipal Act, 2001, as
amended, inspect any premises used for the carrying on of any business in respect
of which a person is required to be licensed under this Schedule.
7.4
No person who has or is required to have a licence under this Schedule shall
obstruct or permit to be obstructed the making of the inspection.
7.5
If requested by the City, an inspection shall be scheduled and conducted within
seven (7) days of the City's request.
8.
DIRECTOR AUTHORITY AND ADMINISTRATIVE PROVISIONS
8.1
The Director may, at their discretion, issue interpretation bulletins or guidelines on
matters relating to this Schedule, including its enforcement or application
8.2
The Director may establish standards and guidelines applicable to the issuance,
renewal or entitlement to all licences issued under this Schedule.
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8.3
The Director may delegate any authority or function provided for in this Schedule to
any employee of the City designated by the Director.
8.4
All communication relating to this Schedule between the City and an applicant or
licensee, shall be sent via e-mail to the e-mail address most recently provided to the
City as part of the licensing process under this Schedule, except where another
method is authorized by the Director.
8.5
Any e-mail sent in accordance with 8.4 shall be deemed for the purposes of this
Schedule to have been received by the addressees on the day it is sent.
8.6
All records and information that must be maintained by a Short-Term Rental Broker
or Operator or that may be audited, examined or collected by the City under this
Schedule are deemed to be collected and properly used for the purposes of
administrating and enforcing this By-law.
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