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WHEREAS
AND WHEREAS
:NJW THEREFORE
l.
2.
THE CORPORATION OF THE TOWN OF IROQUOIS FALLS
BY-LAW NO. 2249/84
"Being a By-Law to license, regulate and govern
Hawkers and Peddlars."
The Municipal Act. R.S.O. 1980 Chapter 302, Section 230 (1)
provides that Municipal
Councils may
pass
By-Laws
for
licensing, regulating and governing persons who go from place
to place or to a particular place with goods, wares or
merchandise for sale, or who carry and expose samples,
patterns or specimens of any goods, wares or merchandise that
are to be delivered in the Municipality afterwards.
The Council of the Corporation of the Town of Iroquois Falls
deems it expedient to pass a By-Law for the licensing,
regulating and governing or Hawkers and Peddlers.
The Municipal Council of the Corporation of the Town of
Iroquois Falls enacts as follows:-
That every person who goes from place to place or to a
particular place with goods, wares or merchandise for sale
within the Town of Iroquois Falls, or who carries and exposes
samples, patterns or specimens of any goods,
wares or
merchandise that is to be delivered in the municipality
afterwards, shall obtain a license for so doing from the
By-Law Enforcement Officer.
That no license shall be required for hawking, peddling or
selling goods, wares or merchandise:-
(a) to wholesale or retail dealers in similar goods, wares or
merchandise, or
(b) if the goods, wares or merchandise are grown, produced or
manufactured in Ontario and are hawked, peddled or sold
by the grower, producer or manufacturer or his agent or
errployee having written authority so to do,
in the
municipality
in
which
the
grower,
producer
or
manufacturer resides, or
(c) if the goods, wares or merchandise are grown or produced
by a farmer resident in Ontario who offers for sale or
sells only the produce of his own farm, or
(d) if the goods, wares or merchandise are hawked, peddled or
sold by
a
person
who
pays
business
tax
in the
municipality, or by his errployee, or by his agent, or
(e) if the goods, wares or merchandise are hawked, peddled or
sold by an agent of the grower, producer or manufacturer,
acting on behalf of a dealer who pays business tax in the
municipality in respect of premises used for the sale of
such goods, wares or merchandise, or
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By-Law No. 2249/84 (Continued)
(f) by persons who sell milk or cream or fluid milk to the
consumer or to any person for resale.
3.
That a license issued under this by-law shall be valid only
from the date of its issue until December 31st. of the year
of its issue and shall not be transferable.
4.
That in a prosecution for a breach of this by-law the onus of
proving that he does not for any of the reasons mentioned in
paragraph 2 above, require to be licensed, is upon the person
charged.
5.
That the licensee shall at all times while carrying on his
business have his license with him and shall upon demand
exhibit it to any municipal or peace officer, and if he fails
to do so is guilty of an offence, unless the same is
accounted for satisfactorily, and on conviction is liable to
a fine of not less than ONE DOLLAR ( $1. 00) and not more than
FIVE DOLIARS ($5.00).
6.
That if a peace officer demands the production of a license
by any persons to whom this by-law applies and the demand is
not canplied with, it is the duty of the peace officer and he
has the power to arrest such person without a warrant and to
take him before the nearest justice of the peace, there to be
dealt with according to law.
7 .
That the license fee for a Hawker or Peddler who has resided
continuously within the Municipality for at least one year
prior to the application therefore shall be ONE
HUNDRED
DOLLARS ($100.00).
8.
That the license fee for a Hawker or Peddler who has not
resided continuously within the Municipality for one year
prior to the application therefore shall be FIVE
HUNDRED
DOLLARS ($500.00).
9.
That any person who contravenes any provisions of this By-Law
except as provided in Section 5 hereof, shall be liable for a
fine of not more than
TW) THOUSAND
DOLLARS
( $2,000.00) ,
exclusive of costs which shall be recoverable under the
provisions of the Provincial Offences Act,
R.S.O.
1980
Chapter 400.
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By-Law No. 2249/84 (Continued)
10.
That By-Law Nwnber 855/57 be and is hereby repealed.
Read a FIRST and SECOND time this 17th day of December, 1984
Read a 'IHIRD time and passed this 17th. day of December, 1984.
Certified True Copy of
By-Law No. 2249/84
CLERK
SIGNED
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3 -
LAWRENCE H. CUTI'EN
~
JOHN J. BUCHAN
·,:_ / ' ' :; 'l, : - '
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"
r ; .' . i,I~
·- ; , !NOIJS~Y - CC-C~E-..TION - UNtTY
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July 3, 1992
SELECT FOODS
Wown of 1Jroquoi.s Jfl"all.s
BOX 230, IROQUOIS FALLS "A", ONTARIO
POK 1GO
c/o Gary Bennett
3068 Bancroft Drive
SUDBURY, Ontario
P3B 1V3
Dear Sir:
FAX (705) 232-4241
TELEPHONE (705) 232-5700
Please refer to our
File No. __
_
In regards to your letter dated May 4, 1992, requesting a
reduction in the fee for our Hawkers & Peddlers licence, I regret
to inform you that Council has decided to leave the fee of
$500.00 stand.
This is an annual fee and it was introduced to
keep non- taxed businesses out of our municipality.
If you decide to continue doing business in our
municipality you will have to purchase a licence.
If you are
caught operating without a licence you will have to face charges.
RM:sw
c.c.
Should you have any questions please feel free to call.
-
JOHN J. BUCHAN,
/
Clerk-Administrator
-
PHIL TESSIER,
Councillor
Yours very truly,
By-Law
Officer
TOWN OF IROOOOIS FALLS
.,.
Jay<AJV N, d.;;,49/gc;
13,-vv-<J!
MILLS & MILLS
BARRISTE RS & SOLICITORS
RALPH S. MILLS, Q.C.
DONALDS. MILLS, Q . C.
RONALD N. RU DAN, Q.C.
ROBERT A. COBHAM, Q.C.
J. PAUL MILLS, Q.C.
JAMES B. KUTCY
GARY R. REID
PAUL J. WESTLAKE
DOUGLAS A. QU I RT
DEBRA L . STEPHENS
STEPHEN J. D. CHRISTIE
MARY ANNE CUMMINGS
NANCY E. MIL LS
PAUL H. MILLS, Q.C. (1 921 - 19B4J
PLEASE REPLY TO:
J. Paul Mills
The Town of Iroquois Falls
P.O. Box 230
Iroquois Falls, Ontario
POK lG0
Attention:
Mr. Bruce Renwick,
P.F.CORD
By- Law Enforcement Officer
Dear Sirs:
20Tt< FLOOR, THE SIMPSON TOWER
CABLE ADDRESS: MILLS LAW TORONTO
TELEPHONE (416) 863-0125
TELEX 06-23084
TELECOPIER (416) 863-3997
BOX 20
401 BAY STREET
TORONTO, ONTARIO
MSH 2Y4
April 3, 1987
RE:
Interprovincial Circulation Limited and
Your Hawkers and Pedlars By- Law
We are General Counsel to Interprovincial Circulation Limited.
jl J ,,_,)
We confirm Mr. Shannon's conversation with your Mr. Renwick concerning
the
representatives
of
Interprovincial
who
have
been
soliciting
magazine subscriptions in your Town without obtaining a licence under
the By- law passed by the Town pursuant to Section 230 of the Municipal
Act.
In our opinion, the representatives are not required to obtain
a licence for the following reasons:
1.
Magazine subscriptions do not constitute "goods, wares
or merchandise"; and
2.
The representatives of Interprovincial who solicit magazine
subscriptions do not carry with them any goods, wares or
merchandise for sale nor do they "carry and expose samples
... of any goods, wares or merchandise".
This matter has come up in many municipalities across Ontario over
the years and on every occasion when we have brought the foregoing
matters to the attention of the municipality, the municipality has
ultimately agreed with our interpretation of the Municipal Act .
- - - - I 2
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Page Two -
Some
recent
examples
of
such
municipalities
are
the
Town
of
Collingwood, the Town of Orangeville, the City of Stratford, the City
of London, and the City of St. Catherines.
I am pleased to enclose a copy of a Decision of Magistrate R.B. Baxter
dated September 28, 1965 and I direct you, in particular, to lines
21 to 29 on page 2 and to the Conclusion on page 3 which reads, in
part:
"I therefore feel that the Legislature had no intention of
dealing with this problem and that the By- law does not cover the sale
of magazine subscriptions ... ".
If you
require
any
further or other information, please do not
hesitate to contact me.
Yours truly,
J. Paul Mills
JP:ms
Enclosure
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IN THE MAGISTRATE'S COURT Of THE PROVINCE OF ONTARIO,
BOWMAiNILLE, ONTARIO.
?.8th Sentember 1965.
THE
hearinf, of this matter
before Magistrate R. B.
Baxter.
In the matter of:-
ROY JAMES McLEAN.
HIS WORSHIP:
This is a matter against
Roy James McLean in which th~ accused was chareed
.
with selling maeazines without authority to do so
contrary to Section
399 (1 ).
A plea of not guilty was entered by his
Counsel and jud~nent was reserved.
On March 25th, 1965, Mr. Roy James ~cLean
solicited for maF,azine subscri~tions in the town of
Bowmanville.
His method was to r,o from door to door
soliciting and issuinG subscri~tion receints for the
magazines after they were sold.
The accused did not
show any mahazines er patterns, and he had not
obtained a license pursuant to By-Law 1909.
I put in
as an Exhibit Ro~nRnville Sy-Law 1909, which is a
By- Law to license regulate and cavern Hawkers and
Pedlars, pursuant to the revised Statutes of Ontario
1960, Chapter 2q9, Secti·on 399 (1).
The Accused is
charged under Section one:
"That every person who goes from place to
place or to a particular place with goods,
UNlttv .,,rAllON('I\'
1
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5
6
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I
s
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12
13
1-4
15
16
17
1 r
IC)
19
20
21
22
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26
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28
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"wares, or merchnndise for sale within-. the
Town of Bowmanville, or who carries and
exposes sa~ples, patterns or s~ecimens of
~oods, wares, or merchandise which is to
be delivered in the Municipality afterwards,
shall obtain a license for so doing r1o~ the
Treasurer of the ~unicipality."
I exnressed the oni~ion ~t the time
that Section 399 of the ~unicinality Act is ryrobably in
t~e same stat~ as it has been for a number of years,
and at this staf,e I must confess that I negl~cted to
l
look that un, but I believe that I did look 1t up not
very lon~ ago, and I foun~ t~at the word1.n~ is almost
the nrecise wording as it has been for some years,
antj Section one is worded in exactly the same wording
as:the Section in the Municipal Act.
The problem ther.
is does the sale of ma~azine subscriptions come within
the cRtegory of "goods, wares, or mercha:idise for sale."
I
I must say that there are no decided cases I can find
directly on the point, and I could not br1nt myself,
in the ordinary interpretation of th~se words, to come
to the conclusion that "roods, wares, or merchandise
for sale" could cover this situation, and I would
therefore noint out that aft~r having re~d the various
sections of the Act I could not find any particular
Section that covered it, and as nenr as I could find the
only portion of the Act that could apply is Section
395(5).
It gives the authorities of towns, villages, and
townships power to lecislate in relation to licenses
governine newsparers, and to a rarticular location upon
,
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CC, ::.,. 1 - 1 1 0 '"[.fol t
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a Highway and fnr restrictions in th~ sale of newspapers
and magazine~ only.
This section I would point out
follows in position Section 389, under which
the H2wkers and Pedlars By-Law is nassed, and I would
th~refore conclude that th~ Lecislature in draftinr,
the Municipal Act purported to dc8l with this subject
within t~e nunicinRlity by Dl?.cini cert~in restrtctions
on Hir,hw~ys or St.r~ets, ·,..zhich woulci l~~d or.e to conclude
they have no objection to it in other pl~ces.
I th~refore feel that the Lerislntur~
hari no intention of dealing with this nroblem and th?.t
I
th~ Ry-Law does not cover the sale of ~8gazine subscriptio
2nd I dismiss the ch~rr,e, and there are only two thinls
t~at could be done, to a~peal the decision, or cover it
by some other Section.
CERTIFIED CORRECT:
MASI STRATE.
COURT REPOrtTER -
.. ·- - - ---·-· --- --·--
. - --- .. --------------
THE CORPORATION OF THE TOWN OF
IROQUOIS FALLS BY-LAW NO. 3801/24
"Being a by-law to amend By-Law No 2249/84, a By-Law to license, regulate and govern
Hawkers and Peddlers. "
WHEREAS
AND WHEREAS
AND WHEREAS
The Municipal Act, 2001 S.O. 2001, c.25 (the "Act"), as amended,
provides that a local municipality may license, regulate and govern
any business, wholly or partly carried on within the municipality,
even if the business is being carried on from a location outside the
municipality; and
Council deemed it expedient to pass By-Law 2249/84, for the
licensing, regulating and governing of Hawkers and Peddlers.
Council for the Town of Iroquois Falls is desirous to amend By-Law
2249/84.
NOW THEREFORE COUNCIL FOR THE CORPORATION OF THE TOWN
OF IROQUOIS FALLS ENACTS AS FOLLOWS:
1.
That the following sections of By-Law 2248/84 be amended as follows:
Section 2.
That a license shall be required for hawking, peddling or selling goods,
wares or merchandise
a) to wholesale or retail dealers in similar goods, wares or merchandise, or
b) if the goods, wares or merchandise are grown, produced or manufactured in Ontario
and are hawked, peddled or sold by the power, producer, manufacturer, his agent or
his employee, having the written authority to do so in the municipality in which the
grower, producer or manufacturer resides, or
c) if the goods, wares or merchandise are grown or produced by a farmer resident in
Ontario who offers for sale or sells only the produce of their farm, or
d) if the goods, wares or merchandise are hawked, peddled or sold by a person who
pays business tax in the municipality, or by his employee, or by his agent, or
e) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the
grower, producer or manufacturer, acting on behalf of a dealer who pays business
tax in the municipality in respect of premises used for the sale of such goods, wares
or merchandise, or
f) by persons who sell milk, cream, or fluid milk to the consumer or any person for
resale.
Section 3.
That a license issued under this by-law shall be valid only from the date
of its issue until December 31st of the year of its issue, and renewable
annually for $35.00 and shall not be transferable.
Section 7.
That the license fee for a Hawker, Peddler, a merchant, or anyone
operating a business who has resided continuously within the
municipality for at least one year prior to the application shall be $100.00.
2.
This by-law shall come into effect upon its passing.
3.
That By-Law No. 2249/84 is hereby amended.
4.
Read a FIRST, SECOND and THIRD time and passed this 12th day of August 2024.
TORY DELAURIER
..
SIGNED:
Qk_
MAYOR
MAUREEN REEDER
SIGNED: ~c~
CLERK
Certified True Copy of
By-Law No. 3801/24
Clerk