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THE CORPORATION OF THE VILLAGE OF MERRICKVILLE-WOLFORD
BY-LAW 66-2024
Being a By-law to License, Regulate and Govern Chip Wagon and Mobile Canteens in
the Village of Merrickville-Wolford
WHEREAS the Municipal Act, 2001, section 11(2) allows for the passing of by-laws
providing for the health and safety of residents in the Municipality;
AND WHEREAS the Municipality has in the past had a comprehensive by-law
governing the operation of Chip Wagons and Mobile Canteens in both Wards of the
Municipality and deems it necessary for the health and safety of residents to regulate
these operations;
NOW THEREFORE the Council of the Corporation of the Village of Merrickville-Wolford
hereby enacts as follows:
1.
Definitions
For the purposes of the By-law, the following definitions shall apply:
CAO shall mean the Chief Administrative Officer of the Corporation of the Village of
Merrickville-Wolford.
Chief Building Official (CBO) shall mean the Chief Building Official of the Corporation
of the Village of Merrickville-Wolford.
Chip Wagon shall mean a motor vehicle or trailer equipped for the cartage, storage and
preparation of food and drinks intended for consumption by the general public but shall
not include a hand-drawn cart or pedal powered vehicle. A Chip Wagon is not a Mobile
Canteen, Itinerant Canteen, hand-drawn cart or pedal powered vehicle.
Clerk shall mean the Clerk of the Corporation of the Village of Merrickville-Wolford.
Corporation shall mean the Corporation of the Village of Merrickville-Wolford.
Council shall mean the Council of the Corporation of the Village of Merrickville-Wolford.
Itinerant Canteen shall mean a hand-drawn cart or pedal-powered vehicle, mobile or
not, used for the sale of any food stuff what-so-ever, but shall not include a Mobile
Canteen or a Chip Wagon.
License shall mean a License issued under the provisions of this By-law.
Medical Officer of Health shall mean the Medical Officer of Health for the Leeds,
Grenville and Lanark District Health Unit or their duly authorized delegate.
Mobile Canteen shall mean a motor vehicle or trailer from which food stuffs,
beverages, chocolate bars, chewing gum and candies, and similar food items are
offered for sale for consumption primarily by persons at their place of employment or by
persons attending a private function including auction sales or other special sale where
the Mobile Canteen operator has been invited or authorized by the person holding the
sale to dispense food and beverages at such function, and not primarily for consumption
by the general public. A Mobile Canteen is not a Chip Wagon or an Itinerant Canteen.
Officer shall mean any representative of the Corporation that is responsible for
enforcing this By-law.
Operate shall mean the act of selling, offering for sale or otherwise dispensing of food
or drink and operator shall have a like meaning.
Person includes a firm, corporation, association or partnership.
Residential shall mean all land within any of the residential zones of the Village of
Merrickville-Wolford Zoning By-law, as amended from time to time, and part of any
street abutting thereon.
Roadworthy shall mean that the vehicle complies with all the requirements of the
Highway Traffic Act and is licenses for operation on a Public Highway.
Served in the context of serving a document shall mean by prepaid ordinary mail
addressed to the address shown on an application for license or other such address as
requested by the owner in writing to the Clerk.
Temporary License shall mean a License for a Mobile Canteen or Chip Wagon that is
short-term and is for the purpose of limited and specified date(s) and time(s), issued
under the provisions of this By-law.
Temporary Period of Time shall mean a time frame between one (1) day and five (5)
days.
2.
License Required
a) No person shall Operate a Mobile Canteen or Chip Wagon within the limits of the
Village of Merrickville-Wolford who does not hold a valid license to do so, issued
by the Clerk in accordance with this By-law.
b) Such issued licenses shall be no more than three (3) in number in the
Merrickville Ward and three (3) in number in the Wolford Ward.
3.
License
a) A License shall apply only to the vehicle for which it was issued and shall not be
transferable, except in accordance with Section 4(f) of this By-law. A separate
License is required for each Chip Wagon or Mobile Canteen.
b) The Operator of a Mobile Canteen or Chip Wagon shall have, at all times, in the
vehicle licensed by the Corporation the License granted for that specific vehicle
and shall present such License on demand for inspection by any Officer of the
Corporation.
c) Each License shall show thereon the valid Motor Vehicle License plate number
issued by the Ministry of Transportation.
d) No Chip Wagon or Mobile Canteen shall be located on any lands zoned
Residential.
e) No Chip Wagon or Mobile Canteen shall be located on any lot where a
permanent building or structure is located.
f) Only one (1) Chip Truck or Mobile Canteen shall be allowed per lot.
g) The Clerk, in consultation with the CAO and CBO when necessary, shall have
discretion as to whether to approve or refuse an application for a license. The
Clerk shall be guided in the exercise of their discretion by reference to criteria
prescribed in this By-law, including without limitation in Sections 2-15.
h) Any person whose application for a license is not granted may appear before
Council to show cause for why he or she believes the License should have been
granted, and Council may direct the Clerk to issue the license on such terms as
they consider reasonable in accordance with this By-law.
4.
License Fees
a) The annual License fee for each Chip Wagon shall be Four Hundred and Fifty
Dollars ($450.00).
b) The annual License fee for each Mobile Canteen shall be Four Hundred and Fifty
Dollars ($450.00) provided however, that where the owner of such canteen pays
commercial tax to the Village of Merrickville-Wolford for premises used in
connection with the operation of such canteen, the license fee shall be Forty-Five
Dollars ($45.00).
c) The term of each License shall be from the first (1st) day of January to the thirty-
first (31st) day of December in each year and no License shall be issued except
on payment of the full amount on the prescribed fee, provided that where a
person who has not at any time in the previous two (2) calendar years held such
a License, applies after the thirty-first (31st) day of July, a License may be issued
for the balance of that year on payment of one-half the License fee set out
herein.
d) Licenses shall be held and made available to the current holders of such
Licenses until the 31st day of March in any calendar year.
e) No new applications shall be considered until after the time period in Subsection
4.d) has expired.
f) A License may be transferred from one vehicle to another upon application and
payment of a fee of Fifty Dollars ($50.00).
g) The License fee for a Temporary License is Forty-Five Dollars ($45.00).
h) The License fee for an Itinerant Canteen approved by Council under Section 10
is Forty-Five Dollars ($45.00).
5.
Private Property
a) Nothing in this By-law, including the issuance of a License, conveys upon the
holder of a License the right to enter upon or conduct business from any private
property without the permission of the property owner.
6.
Health and Sanitation
The operator of every Chip Wagon or Mobile Canteen shall at all times comply with
the requirements of the Medical Officer of Health for the Lanark, Leeds & Grenville
District Health Unit with respect to sanitation, cleanliness, washroom facilities,
refuse and all other matters under their jurisdiction and prior to the issuance of a
License the applicant shall submit written confirmation from the Medical Officer of
Health of compliance in that regard. Failure to do so may result in the revoking of
the license.
7.
Traffic
The operator of a Mobile Canteen or Chip Wagon, when on a public highway shall
be subject to the provisions of the Highway Traffic Act and all Traffic and Parking
By-laws of the Corporation.
8.
Vehicle to be Operable
Every Mobile Canteen or Chip Wagon shall at all times be in proper operating
condition and shall be Licenses by the Ministry of Transportation under the
provisions of the Highway Traffic Act, and every Chip Wagon or Mobile Canteen
located on a permanent or semi-permanent site shall be capable of being moved
and driven on a highway within 48 hours.
9.
Safety
The Operator of every Mobile Canteen or Chip Wagon shall at all times comply
with all requirements of the Technical Standards and Safety Authority (TSSA) and
shall submit written confirmation of compliance from the Authority prior to a
License being issued by the Corporation.
10. Itinerant Canteens
a) Itinerant canteens are prohibited in the Village of Merrickville-Wolford whether on
public or private land. This prohibition applies to all Itinerant Canteens, including
those operated prior to the passage of this By-law.
b) Notwithstanding section 10. a) above, Council may approve, upon request and
on a case-by-case basis, the use of Itinerant Canteens at community festivals or
events in either Ward.
c) Where Council approves the operation of an Itinerant Canteen under section 10.
b) of this By-law, the Itinerant Canteen shall be operated in accordance with
sections 7,8,9 and 10 of this By-law.
11. Mobile Canteens
The Operator of a Mobile Canteen shall conduct business only while parked in a
location other than a public highway, street, road, lane, park, boulevard or other
public land, except, that Council may provide written authorization for business to
be conducted when parked on a street where construction work is being carried
out or on park or other lands of the Corporation.
12. Chip Wagons
The Operator of a Chip Wagon shall not offer food or drink for sale from any public
highway, and no Chip Wagon shall be parked on a public highway for such
purposes. Council may grant special permission in writing for Chip Wagons to be
operated on parks or other lands of the Corporation for specific events.
The Chip Wagon operator may offer food and drink for sale to the general public
from a permanent or semi-permanent site on private property that:
a) The site or sites from which business is conducted is approved by the Clerk
and shall be recorded on the Chip Wagon License.
b) The Chip Wagon shall not be operated on any land within a "Residential"
zone.
c) The Chip Wagon shall be located at least six (6) meters from the front line of
the property on which it is located.
d) Structures and/or additions to the Chip Wagon, including but not limited to
those designed to protect the public from the elements while being served at
the serving window of the Chip Wagon, Structural additions to the Chip
Wagon may be subject to the provisions of the Building Code Act and require
approval from the Chief Building Official.
e) Permanent electrical or other utility hook-ups are prohibited. To provide for
the operation of exhaust fans, approved lighting and other electrical power
requirements, and to meet any applicable health requirements, a Chip Wagon
may be connected to an approved power source and an approved water
source provided such a connection is made by means of a connection which
can be readily and safely disconnected without the use of tools and in
accordance with governing electrical safety legislation. Such connection must
not inhibit the capability of the Chip Wagon to be mobile under its own power
on short notice or to otherwise impede the Chip Wagon or to otherwise cause
the Chip Wagon to be recognized as a permanent structure.
f) The property on which a Chip Wagon is to be located must be within a
Commercial or Open Space zone as set out in the Village's Zoning By-law, as
amended from time to time.
g) All Chip Wagons and associated structures including
additions/canopies/seating areas or storage structures shall be kept in a clean
and presentable condition. The property on which the Chip Wagon is located
shall be maintained in a neat and tidy condition.
13. Application for License
Every application for a License for a Mobile Canteen or a Chip Wagon shall be
submitted to the Clerk in the form as required by the Corporation, together with
such other information as may be required. Without limiting the generality of the
foregoing, such information shall include:
a) Written notice from the Medical Officer of Health that the vehicle and other
aspects of the operation complies with all applicable health and sanitation
regulations.
b) Written notice from the Technical Standards & Safety Authority that the
vehicle complies with all applicable safety regulations, codes, and practices.
c) The name and address of the owner of the vehicle and the current License
plate number.
d) A plan of the property, drawn to scale of each site or sites on which it is
proposed to locate the vehicle showing:
i.
The location and dimensions of the property;
ii.
The name and address of the owner of the property; and
iii.
The location of all buildings or structures on the property.
e) The applicable License fee, which may be refunded in the event that the
License is not granted.
14. Application for Temporary License
a) A Person may submit in writing to the Clerk an application for a Temporary
License to allow for a Chip Wagon or Mobile Canteen in either Merrickville Ward
or Wolford Ward for a limited time period, as to be specified on the application
form.
b) The Clerk, in consultation with the CAO, shall have discretion as whether to
approve or refuse an application for a temporary license on a case-by-case
basis. The Clerk reserves the right to escalate the application for a Temporary
License to Council for decision, should they feel it necessary to do so.
c) The intent of a Temporary License shall be for an event that is limited to a
specified Temporary Period of Time and shall not be a permanent or annual
License.
d) Every application for a Temporary License for a Mobile Canteen or a Chip
Wagon shall be submitted to the Clerk in the form as required by the Corporation,
together with such other information as may be required. Without limiting the
generality of the foregoing, such information shall include:
i.
Written notice from the Medical Officer of Health that the vehicle and other
aspects of the operation complies with all applicable health and sanitation
regulations.
ii.
Written notice from the Technical Standards & Safety Authority that the
vehicle complies with all applicable safety regulations, codes, and
practices.
iii.
The name and address of the owner of the vehicle and the current License
plate number.
iv.
A plan of the property drawn to scale on which it is proposed to locate the
vehicle, with the date and times specified in the application. The site plan
shall show the location and dimensions of the property, the names and
address of the owner of the property owner, and the location of where the
Mobile Canteen or Chip Wagon will be placed on the property.
15. Revocation of License
a) Where the Clerk has reasonable grounds to believe a contravention of this By-
law has occurred, they may serve a notice of contravention(s) to the Licensee
identifying the contravention, what actions must be taken to remedy the
contravention(s), and the deadline for completing the actions.
b) A License issued under the provisions of this By-law may be suspended or
revoked by the Clerk is any of the following conditions:
i.
Written notice has been received from the Medical Officer of Health or the
TSSA stating that the vehicle is operating contrary to the required
standards;
ii.
The licensee has been served notice of non-compliance with the terms of
this By-law by the Clerk and the licensee has failed to take such action as
necessary within twenty-one (21) days of the notice;
iii.
The licensee has been served by the Clerk with three (3) notices of non-
compliance with the terms of this By-law during the period for which the
License was issued; or
iv.
The licensee has failed to pay any fines or administrative penalties
imposed for breach of this By-law within the required payment period.
c) The Corporation shall serve notice to the licensee of an impending suspension or
revocation of a License not less than ten (10) days prior to the proposed date of
suspension or revocation and the licensee or their representative may appear
before Council to show cause why he believes the License should not be
revoked.
16. Contravention of the By-law
a) Any person who contravenes any provision of this By-law is guilty of an offence
and on conviction shall be liable to a fine not less than Seventy-Five dollars
($75.00) and not more than Two Thousand Dollars ($2000.00) for each offence
exclusive of costs.
b) Notwithstanding section 16. a) of this By-law, every person who contravenes any
provision of this By-law shall, upon issuance of an Administrative Penalty Notice
in accordance with Administrative Penalty By-law 10-2025, be liable to pay to the
Corporation of the Village of Merrickville-Wolford an Administrative Penalty in
accordance with Schedule C of Administrative Penalty Process By-law 10-2025.
c) If a Person is required to pay an Administrative Penalty under section 16. b) in
respect of a contravention of this By-law, the Person shall not be charged with an
offence in respect of the same contravention.
17. Repeal and Replace
a) This By-law repeals and replaces By-law 26-07.
18. Effective Date
a) This By-law shall take effect and come into force on the passing thereof.
Read a first and second time the 12th day of November, 2024.
Read a third and final time and passed on the 27th day of January, 2025.
Fees and Penalties
Administrative Monetary Penalties
TABLE 4: DESIGNATED BY-LAW 66-2024
CHIP TRUCK BY-LAW
ITEM
COLUMN 1
BY-LAW
REFERENCE
COLUMN 2
SHORT FORM WORDING
COLUMN 3
SET FINE
1
s. 2.a)
Operation of a Mobile Canteen or Chip
Wagon without a valid license
$150.00
2
s. 6
Failure to submit written confirmation of
compliance from Medical Officer of
Health/Health Unit
$150.00
3
s. 9
Failure to submit written confirmation of
compliance from TSSA
$150.00