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unofficial consolidation, the official version is held by the municipal clerk.
Consolidated Version as of October 6, 2025 - Amended by By-laws: 2016-025,
2017-053, 2018-005, 2018-085, 2018-051, 2019-061, 2019-110, 2020-025, 2020-128,
2021-028 (comes into force March 1, 2021), 2021-038, 2022-031, 2022-040, 2023
167, 2024-101, 2025-151
THE CORPORATION OF THE TOWN OF OAKVILLE
BY-LAW NUMBER 2015-075
A by-law to provide for the licensing and regulation of
various businesses in the Town of Oakville
WHEREAS pursuant to the provisions of Part IV of the Municipal Act, 2001, S.O. 2001,
c. 25 ("Municipal Act") the Council of the Corporation of the Town of Oakville ("Council")
may provide for a system of licences with respect to businesses;
WHEREAS pursuant to Section 11 of the Municipal Act, Council is exercising its
authority with respect to business licensing in the interest of health and safety, well
being of persons, consumer protection and nuisance control;
WHEREAS Section 436 of the Municipal Act authorizes a municipality to pass by-laws
providing that the municipality may enter on land at any reasonable time for the purpose
of carrying out an inspection to determine whether or not there is compliance with a by
law, a direction or order, or a condition of a licence;
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 it or on
behalf of it; 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;
THEREFORE COUNCIL ENACTS AS FOLLOWS:
1)DEFINITIONS
Definitions are set out in section 2 of Schedule 1 to this By-law.
1.1 Interpretation
(1) This By-law is a Designated By-law under the Administrative Penalties for Non-
Parking Violations and Orders By-law. (By-law 2021-038)
By-law Number: 2015-075
2)PROHIBITIONS
(1) For every business set out in Schedule 1 of this By-law, no person shall:
(a) carry on a business, permit a person to carry on a business, or hold
themselves out as being licensed to carry on a business:
i. without a licence to do so issued under this By-law;
ii. at a location other than for which a licence is issued under this By
law;
iii. under any other name than the one endorsed on their licence
issued under this By-law; and
iv. except in accordance with the regulations set out in this By-law,
including any applicable Schedule and Appendices, all of which
form part of this By-law.
(b) transfer or assign a licence issued under this By-law;
(c) obtain a licence by providing mistaken, false or incorrect information; and
(d) enjoy a vested right in the continuance of a licence and upon the issue,
renewal, transfer, cancellation or suspension thereof, the licence shall be
the property of the Corporation of the Town of Oakville.
3)LICENSING REQUIREMENTS
(1) A completed application for a licence or for renewal of a licence shall be
submitted to the Licensing Commissioner, shall be accompanied by the
requirements prescribed in Schedule 1, and set out in any other Schedule to this
By-law, including those contained in the application or renewal form, and any
other information that the Licensing Commissioner may from time to time
request.
(1.1) The Licensing Commissioner may accept a variation or alternative to one or
more of the licensing application requirements for an initial licence where the
Licensing Commissioner is of the opinion that variation or alternative provides
substantially the same information and such is necessary for purposes of
administering this By-law. (By-law 2020-025)
(2) The Licensing Commissioner may, for renewal applications, on a case by case
basis review, waive any documentary requirements not related to public safety or
consumer protection.
(3) Every person licensed under this By-law shall at all times:
(a) post the licence in a conspicuous place at the fixed place of business
where a Licensee carries on business;
(b) carry the licence with them when engaged in the business for which the
licence is issued where the Licensee travels from place to place to
perform their business;
(c) produce the licence for inspection and otherwise permit any Officer, or
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By-law Number: 2015-075
other person(s) authorized to enforce this By-law to enter the licensed
premises/vehicle and make such inspection as may be deemed necessary
in order to ascertain whether or not the provisions of the By-law are being
complied with;
(d) comply with the regulations contained in any applicable
Schedule/Appendices; and
(e) notify the Licensing Commissioner immediately of any change in any of
the particulars required to be filed with the Licensing Section.
4)ISSUANCE OF LICENCE AND GROUNDS FOR
REFUSAL
1) The Licensing Commissioner shall:
(a) receive and process all applications for licences and for renewal of
licences to be issued under this By-law;
(b) issue licences and renew licences, either conditionally or unconditionally,
to any person who meets the requirements of this By-law except where:
i. the conduct of an applicant affords reasonable grounds for belief
that the applicant has not carried on, or will not carry on the
business in accordance with the law or with integrity and honesty;
ii. there are reasonable grounds for belief that the carrying on of the
business may be adverse to the public interest;
iii. the applicant's premises or place of business are the object of an
order made pursuant to the Property Standards By-law, Building
Code Act, 1992, S.O. 1992, c. 23 ("Building Code Act"), Fire
Protection and Prevention Act, 1997, S.O. 1997, c. 4, ("Fire
Protection and Prevention Act"), or by the Medical Officer of Health,
or where the place of business is not in compliance with the Zoning
By-law; or
iv. the applicant is indebted to the Town in respect of fines, penalties,
judgments, outstanding property taxes, or any other amounts
owing, including an administrative penalty.
(c) with respect to subsection (1)(b)(ii), include in the Licensing
Commissioner's consideration, any record of offence that is less than
three (3) years and relevant to the nature of the business, or any record of
offence that directly affects the applicant's or licensee's ability to
competently and responsibly carry on the business, or any particular
record of offence for any time period that may be specified in any
Schedule; and
(d) generally perform all the administrative functions conferred upon them by
this By-law.
2) Licences issued pursuant to this By-law are conditional on compliance by the
Licensee with all municipal by-laws, including, but not limited to, the applicable
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By-law Number: 2015-075
Town Zoning By-law and Property Standards By-law, and compliance with all
Provincial and Federal legislation.
5)TERM OF LICENCE
A licence issued under the provisions of this By-law shall expire on the designated date,
unless it is renewed or revoked in accordance with the provisions of this By-law.
6)REVOCATION AND SUSPENSION
1) The Licensing Commissioner shall provide notice of intention to revoke or
suspend a licence and shall advise the Licensee of their right to appeal where:
(a) the Licensee would be disentitled to a licence or a renewal of a licence for
the reasons set out in this By-law; or
(b) the licence was issued in error.
2) Notwithstanding (1) the Licensing Commissioner, if satisfied that the continuation
of the licence poses an immediate danger to the health or safety of any person,
property or animal, may, for the time and such conditions as are considered
appropriate and without a hearing, suspend a licence for not more than 14 days,
and, prior to suspending the licence, shall provide the Licensee with the reasons
for the suspension, either orally or in writing, with an opportunity to respond to
them.
7)APPEAL
1) Where the Licensing Commissioner has denied an applicant a licence or a
request for renewal, or suspended or revoked a licence, the Licensing
Commissioner shall inform the applicant or Licensee by way of written notice
setting out the grounds for the decision with reasonable particulars, and advise of
the right to appeal such decision to the Appeals Committee.
2) Persons or applicants may appeal to the Appeals Committee in relation to
matters noted in subsection (1). Appeals will not be permitted for any matters that
have already been heard or are pending before the Hearings Officer. A request
for an appeal shall be made in writing to the Licensing Commissioner setting out
the reasons for the appeal within 7 days after service of the written notice.
3) Where no request for an appeal is received in accordance with subsection (2),
the decision of the Licensing Commissioner shall be deemed to be affirmed.
4) Where a request for an appeal is received, a hearing of the Appeals Committee
shall be convened and the applicant or Licensee shall be provided reasonable
written notice thereof.
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By-law Number: 2015-075
5) After such opportunity to be heard is afforded the applicant or Licensee, the
Appeals Committee may make a decision in respect of which the hearing was
held or the opportunity for hearing afforded. The Appeals Committee's decision is
final and not subject to review. The Appeals Committee may refuse to issue or
renew a licence, revoke, suspend, or impose any conditions upon a licence. The
Appeals Committee may consider any matter pertaining to the licensing
requirements in Section 3 or the grounds for refusal in Section 4, or any other
matter that relates to the general welfare, health or safety of the public.
6) Where the Appeals Committee conducts a hearing, the rules set out in the
Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 shall apply.
8)ORDER
(1) Where an Officer has reasonable grounds to believe that a contravention of this
By-law has occurred, the Officer may issue an order to the person contravening
this By-law in accordance with the provisions of the Administrative Penalties for
Non-Parking Violations and Orders By-law. (By-law 2021-038)
2) Any Person who contravenes an order under section 8(1) of this By-law is guilty
of an offence.
3) Deleted by By-law 2021-038
9)ADMINISTRATIVE PENALITIES
(1) An Officer who finds or has reasonable cause to believe that a person has
contravened any provision of this By-law, including any Schedules, may issue a
penalty notice to the person. (By-law 2021-038)
(2) Each person who has been issued a penalty notice shall, upon issuance of the
penalty notice, be liable to pay an administrative penalty to the Town in the
amount of $300 or as revised in the Town's rates and fees schedule. (By-law
2021-038)
(3) If an Officer has issued a penalty notice under subsection 9(1) of this By-law and
has reasonable cause to believe that the same person has contravened the
same provisions of this By-law, including any Schedules, for a second time within
twenty-four (24) months of the date the first penalty notice is deemed to be
served, the Officer may issue a second penalty notice to the person. (By-law
2021-038)
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By-law Number: 2015-075
(4) Upon issuance of the second penalty notice, the person shall be liable to pay an
administrative penalty to the Town in the amount of $400 or as revised in the
Town's rates and fees schedule. (By-law 2021-038)
(5) If an Officer has issued a penalty notice under subsection 9(3) of this By-law and
has reasonable cause to believe that the same person has contravened the
same provision of this By-law, including any Schedules, for a third or subsequent
time within twenty-four (24) months of the date the second penalty notice is
deemed to be served, the Officer may issue a third or subsequent penalty notice
to the person. (By-law 2021-038)
(6) Upon issuance of a third or subsequent penalty notice, the person shall be liable
to pay an administrative penalty to the Town in the amount of $500 or as revised
in the Town's rates and fees schedule. (By-law 2021-038)
(6.1) A person who has been issued a penalty notice under this By-law may request
a review of the penalty notice in accordance with the Administrative Penalties
for Non-Parking Violations and Orders By-law. (By-law 2022-031)
9(7) to 9(21) deleted by By-law 2021-038
10)
NOTICES
(1) Service of any penalty notice, order, or any other notice may be given as
specified in the Administrative Penalties for Non-Parking Violations and Orders
By-law. (By-law 2021-038)
2) Deleted by By-law 2021-038
11)
INSPECTION
1) The Licensing Commissioner, the Chief of Police, the Medical Officer of Health,
the Fire Chief or an Officer may at any reasonable time inspect:
(a) any premises/vehicles or place where a business which is subject to this
By-law is carried on or where there are reasonable or probable grounds to
believe a business is being carried on; or
(b) any goods, equipment, books, records or documents used or to be used
by the applicant or Licensee under this By-law.
2) It shall be an offence to obstruct or permit the obstruction of such inspection.
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By-law Number: 2015-075
12)
DELEGATION (By-law 2022-040)
1) Pursuant to Section 23.2 of the Municipal Act, Council hereby delegates:
(a) to the Appeals Committee, the power to make the final decision in respect of
which a hearing was held; and
(b) to the Licensing Commissioner, the authority to extend or suspend the model
year restriction for taxicabs as set out in Schedule 34 of this By-law.
2) It is the opinion of Council that the delegations set out in subsection 12(1) are of
a minor nature. These delegations may be revoked by Council at any time.
13)
OFFENCES
1) Every person who contravenes any of the provisions of this By-law, including
those contained in any of the Schedules and every director of a corporation who
concurs in such contravention by the corporation is guilty of an offence and on
conviction liable to a fine not exceeding $25,000 for a first offence and $50,000
for any subsequent offence.
2) Where a corporation is convicted of an offence under this By-law, the maximum
penalty is $50,000 for a first offence and $100,000 for any subsequent offence.
3) Pursuant to Section 447 of the Municipal Act, where an owner is convicted of
knowingly carrying on or engaging in a business in respect of any premises or
any part of any premises without a licence required by this By-law, or a person is
convicted of any other contravention of this By-law and the court determines that
the owner or occupant of the premises or part of the premises in respect of which
the conviction was made knew or ought to have known of the conduct which
formed the subject-matter of the conviction or of any pattern of similar conduct,
the court may order that the premises or part of the premises be closed to any
use for a period not exceeding two years.
14)
COLLECTION OF UNPAID FINES
Intentionally Omitted - By-law 2021-038
1) Pursuant to Section 441 of the Municipal Act, if any part of a fine for a contravention
of a business licensing by-law remains unpaid after the fine becomes due and
payable under Section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33,
including any extension of time for payment ordered under that Section, the
Licensing Commissioner may give the person against whom the fine was imposed
a written notice specifying the amount of the fine payable and the final date on
which it is payable, which shall be not less than 21 days after the date of the notice.
If the fine remains unpaid after the final date specified in the notice, the fine is
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______________________________
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By-law Number: 2015-075
deemed to be unpaid taxes pursuant to Section 351 of the Municipal Act and may
be added to the person's tax roll and collected in the same manner as property
taxes. (By-law 2022-031)
15)
TRANSITION
1) Notwithstanding the repeal of By-law 2008-093, licences issued under that By
law, shall be deemed to be licences issued under this By-law.
2) Licensing fees impacted by revised renewal dates shall be adjusted to eliminate
overpayment.
16)
REPEAL
1) The following by-laws, as may have been amended, are repealed on the day this
By-law comes into force and effect: 2008-093, 2008-181, and 2005-026.
2) Any reference to a by-law number repealed by this By-law in any document shall
be deemed to be a reference to this By-law.
3) References in this By-law to any legislation or by-law means as may be amended
or replaced from time to time, and include any regulations thereunder.
17)
SEVERABILITY
In the event any provisions of this By-law are deemed invalid or void, in whole or in part,
by any court of competent jurisdiction, the remaining terms and provisions shall remain
in full force and effect.
18)
TITLE
This By-law may be known as the "Licensing By-law."
19)
EFFECTIVE DATE
This By-law comes into force and effect on the day it is passed by Town Council.
PASSED this 16th day of November, 2015.
Rob Burton
Mayor
Vicki Tytaneck
Town Clerk
Page 8
By-law Number: 2015-075
SCHEDULE 1
1. BUSINESSES REQUIRING A LICENCE
Schedule
Page
2.
Adult Entertainment Establishment - Owner / Operator / Attendant
37
3.
Adult Entertainment Video Vendor - Class A, B
46
4.
Animals for Entertainment
51
5.
Deleted by By-law 2025-151
6.
Deleted by By-law 2025-151
7.
Body-Rub Establishment - Owner / Operator / Attendant
54
8.
Deleted by By-law 2025-151
9.
Building Renovator
66
10. Donation Box Operator
68
11. Deleted by By-law 2025-151
12. Driving School - Operator / Vehicle
71
13. Deleted by By-law 2025-151
14. Exhibition
75
15. Fireworks Vendor
76
16. Food Shop/Restaurant & Food Shop/Ancillary Use & Special Event Food Shop
77
17. Deleted by By-law 2025-151
18. Landscaping/Property Maintenance and Lawn Care Contractor
79
19. Limousine - Owner / Driver / Special Occasion
81
20. Lodging House
88
21. Mobile Sign Lessor
90
22. Motor Vehicle Facility
91
23. Nightclub
92
24. Outdoor Market
93
25. Personal Services Establishment
94
26. Pet Shop/Kennel
95
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By-law Number: 2015-075
Schedule
Page
27. Deleted by By-law 2025-151
28. Pool Installation Contractor
101
29. Public Hall
102
30. Refreshment Vehicle - Owner / Operator / Special Event
103
31. Salvage Yard (By-law 2023-167)
105
32. Second Hand Goods Shop
109
33. Special Sale
111
34. Taxicab - Owner / Broker / Driver
112
35. Tobacco/Electronic Cigarette Retailer (By-law 2021-028)
125
36
Commercial Parking Lot Operator (By-law No. 2016-025)
127
37
.
Arborist Consulting Company, Arboriculture Company, Landscaping/Tree
Company, Tree Company (By-law No. 2018-005)
128
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By-law Number: 2015-075
2.
GENERAL DEFINITIONS
"Accessible driver" means a person whose taxicab driver's licence is issued under this
By-law;
"Accessible owner" means a person who holds a licence plate for an accessible
taxicab under this By-law;
"Accessible taxicab" means a motor vehicle which is both a taxicab and an accessible
vehicle;
"Accessible vehicle" means a motor vehicle that is designed or modified to be used for
the purpose of transporting persons with disabilities and which motor vehicle complies
with R.R.O. 1990, Regulation 629, R.R.O. 1990, Regulation 611 and Canadian
Standards Association Standard D409, as may be amended from time to time;
"Accessible washroom facility" means a fully equipped accessible washroom with
hand wash station, located within a building onsite or an abutting property with written
consent from property owner;
"Administrative Penalties for Non-Parking Violations and Orders By-law" means
By-law 2021-038, or successor by-laws; (By-law 2021-038)
"Adult Entertainment Establishment" means any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, services appealing to
or designed to appeal to erotic or sexual appetites or inclinations;
"Adult Entertainment Establishment Attendant" means any person other than an
owner or operator who provides services designed to appeal to erotic or sexual
appetites or inclinations at an adult entertainment establishment;
"Adult Entertainment Video Vendor Class A" means a video store which provides
adult videos to the public where the proportion of adult videos to all videos provided
exceeds the ratio of 1:10 (adult videos to non-adult videos);
"Adult Entertainment Video Vendor Class B" means a video store which provides
adult videos to the public where the proportion of adult videos to all videos provided
does not exceed the ratio of 1:10 (adult videos to non-adult videos);
"Adult Video" means any video classified by the Ontario Film Review Board as
"restricted" with the added information piece "adult sex film";
"Animal" includes all mammals, fish, reptiles or birds;
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By-law Number: 2015-075
"Animal Control Inspection" means an inspection by a person or class of persons
designated by a municipality who are responsible to see that the lands and premises
upon which the animal or animals are kept are maintained in a sanitary condition and
shall comply with the provisions of standards of care prescribed under the Ontario
Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O. 36 ("OSPCA"),
and that the animals are being treated and cared for in an acceptable manner;
"Animal Rescue Group" means a non-profit or charitable organization whose
mandate and practices are predominately the rescue and placement of animals and
facilitating the spaying or neutering of animals for animal welfare purposes;
"Animals for Entertainment" means the use of animals in any exhibit, public show,
circus, carnival or any act of entertainment or for any educational purpose, but does not
include educational programs provided by a municipal animal shelter or registered
humane society;
"Apartment building" means a building containing three (3) or more dwelling units,
where units are horizontally separated and where each unit has access to an interior
corridor system with exit at grade level;
"Appeals Committee" means a Committee or Tribunal duly appointed by by-law to
conduct hearings under this By-law;
"Applicant" means the person applying for a licence or renewal of a licence under this
By-law and "application" has a corresponding meaning;
"Applicant Information" means fulsome details of a person applying for or the renewal
of a licence under this By-law and shall include their full name, date of birth, municipal
address, telephone number, and email address;
"Approved trainer" means an individual who has successfully completed the Ontario
Community Transportation Association (O.C.T.A.) trainer program or an equivalent
trainer program approved by the Licensing Commissioner, which qualifies that individual
to train taxicab drivers to serve persons with disabilities;
"Arborist" means a person who has graduated from an accredited college or
university with a diploma or degree in Urban Forestry, Arboriculture or equivalent and
satisfies at least one of the following requirements:
a) is certified by the Ministry of Advanced Education and Skills Development or the
International Society of Arboriculture;
b) is currently accepted as a consulting arborist with the American Society of
Consulting Arborists; or
c) is a Registered Professional Forester (RPF) as defined in the Professional
Foresters Act, 2000, S.O. 2000, c. 18;
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By-law Number: 2015-075
For the purposes of this by-law, an Arborist is able to assess health and structure of
trees and conduct other tree maintenance work, except work that requires climbing
(working aloft), rigging, and using a chainsaw; (By-law No. 2018-005)
"Arboriculture Company" means a company with knowledge in all aspects of
arboriculture and has staff holding valid certifications in the following areas:
a) Arborist
b) Certified Tree Worker
c) Certified Chainsaw Operator
d) And will require Utility Arborist when working in proximity to energized electrical
equipment, structures and conductors
For the purposes of this by-law, an Arboriculture Company is able to assess health and
structure of tree, conduct tree maintenance work and provide a tree risk assessment,
valuation or recommendation; (By-law No. 2018-005)
"Arborist Consulting Company" means a company with the knowledge to assess the
health and structure of trees and has staff holding valid certification as an arborist but
does not include work that requires climbing (working aloft), rigging and using a
chainsaw; (By-law No. 2018-005)
"Article of Incorporation" means documents related to an incorporated business
pursuant to the Business Corporations Act, R.S.O. 1990 c. B.16, or the Corporation Act,
1990 c. C.38;
Deleted by By-law 2025-151;
"Automatic Prohibition" means a notice issued by the Minister to the owner or
occupier of a business who has been convicted of tobacco sales offences and satisfies
the conditions set out in the Smoke Free Ontario Act; (By-law 2021-028)
"Automobile" means the same as "motor vehicle";
Deleted by By-law 2025-151;
"Body-rub" includes the kneading, manipulating, rubbing, massaging, touching, or
stimulating, by any means, of a person's body or part thereof but does not include
medical or therapeutic treatment given by a person duly qualified, licensed or registered
to do so under the laws of the Province of Ontario;
"Body-rub Attendant" means any person who performs or offers body-rubs in a body-
rub establishment, in the pursuance of a trade, calling, business or occupation;
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By-law Number: 2015-075
"Body-rub Establishment" 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 duly qualified, licensed or registered to do so under the laws of the Province of
Ontario;
Deleted by By-law 2025-151;
"Building Renovator" means the person engaged in the business of constructing,
altering, repairing or renovating buildings or structures, including but not limited to
decks, roofs, sheds and interior alterations. This does not include a building contractor
whose only business is the construction of new buildings or structures and who is
registered with the Tarion Warranty Corporation;
"Business" means 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 includes
trades and occupations, exhibitions, concerts, festivals and organized public
amusements; the sale or hire of goods or services on an intermittent or one-time basis;
and the display of samples, patterns or specimens of goods for the purpose of sale or
hire;
"Business Address" means the place from which the business operates including a
number, street name, municipality and postal code;
"Business Partner Information" means the full name, date of birth and municipal
address of each person identified as a business partner and having an interest in the
business;
(Deleted per By-law 2019-011)
"Certified Tree Worker Climber Specialist" means a person holding the credentials of
an ISA Certified Tree Worker Climber Specialist or equivalent; (By-law No. 2018-005)
"Certified Chainsaw Operator" means a person who has passed a course on the
operation of a chainsaw at the standard set in the Occupational Health and Safety Act,
O.REG. 145/00 and O. REG. 213/91; (By-law No. 2018-005)
"Chief Building Official" means the Chief Building Official of the Town or designate;
"Chief of Police" means the Police Chief for the Halton Regional Police Services or
designate;
"Clerk's Department" means the Clerk's Department of the Town;
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By-law Number: 2015-075
"Commercial Parking Lot Operator" means a Person engaged in the business of
operating an area on a property for the temporary parking of motor vehicles either in the
open or in a structure and consists of parking spaces and aisles, with or without a
building or structure that is available for public use for the parking of motor vehicles and
where a charge is levied to occupy any parking space, but does not include a
Commercial Parking Lot operated by a Governmental Authority; (By-law No. 2016-025)
"Construction Equipment" means any equipment or device designed and intended for
use in construction, or material handling, including but not limited to: hammers, saws,
drills, augers, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers,
tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators,
off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers,
graders, or other material handling equipment;
"Consumer Fireworks" means low-hazard firework articles designed for recreational
use by the public as set out in the Explosives Act. These articles include items such as
roman candles, sparklers, fountains, wheels, volcanoes, mines, and snakes.
"Corporation" means a body corporate incorporated pursuant to the Business
Corporations Act, R.S.O.1990 c. B. 16, or the Corporations Act, R.S.O 1990, c. C. 38;
"Council" means the Council for The Corporation of the Town of Oakville;
"Criminal Reference Check" means a Canadian Criminal Record Check issued by an
accredited Canadian Police Service, no more than 30-days old at the time of the licence
application;
"Declaration of Animal Offences" means a sworn document that contains an official
statement that no convictions have been registered against the applicant, the applicant's
company, or the applicants employees or volunteers, under the OSPCA; Dog Owners
Liability Act, R.S.O. 1990, c. D.16; or the Criminal Code of Canada, R.S. 1985, c. C-46
("Criminal Code"), or any other statute in Canada;
"Defensive driving course" means an accredited course approved by the Licensing
Commissioner which provides instructions on driving skills required to prevent collisions
regardless of the actions of other drivers or the conditions around them and to foster an
attitude of alertness on the roadways;
"Discharge" when used in relations to fireworks and firecrackers, includes firing,
igniting, exploding and setting off such articles;
"Description of Business" means the activities undertaken by the business including
the making, buying, or selling goods or providing services in exchange for money;
"Dispatch" means the communication of an order or information in any manner
between a taxicab broker and a taxicab driver;
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By-law Number: 2015-075
"Dispatch fees" means any amount charged by a taxicab broker to a taxicab owner to
receive orders for taxicab service from the taxicab broker;
"Dispatcher" means a person who is in the employ of a taxicab broker and whose
duties include accepting orders for taxicab service and/or dispatching those orders to
taxicab drivers;
"Display Fireworks" means high-hazard firework articles designed for use by
professionals as set out in the Explosives Act. These articles include items such as aerial
shells, cakes, roman candles, waterfalls, lances and wheels.
"Donation Box" means any receptacle used for the purpose of collecting clothing, shoes
or household items, donated by the public, on an ongoing basis and as part of the regular
activity of the operator;
"Donation Box Operator" means a Person engaged in the Business of operating a
Donation Box;
Deleted by By-law 2025-151;
"Driving Instructor's Permit" means a valid driving instructor licence issued by the
Province of Ontario pursuant to the Highway Traffic Act.
"Driving Instructor" means a person who for compensation teaches others to drive a
motor vehicle (in a vehicle) as a driving instructor and who is employed or self-
employed in the business of teaching persons to operate a motor vehicle and duly
qualified, licensed or registered under the laws of the Province of Ontario;
"Driving School" means a place where the business of teaching persons the theory of
how to operate a motor vehicle occurs;
"Driving School Operator" means a person who carries on the business of teaching
persons how to operate a motor vehicle and all related rules of the road as contained in
the Highway Traffic Act in a driving school/vehicle;
"Driving School Permit" means a valid driving school licence issued by the Province of
Ontario pursuant to the Highway Traffic Act.
"Driving School Vehicle" means a vehicle licensed under this By-law as a driving
school vehicle;
Deleted by By-law 2025-151;
"E-substance" means a substance that is manufactured or sold to be used in an
electronic cigarette; (By-law 2021-028)
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By-law Number: 2015-075
"Electronic cigarette" means a vaporizer or inhalant-type device, whether called an
electronic cigarette or any other name, that contains a power source and heating
element designed to heat a substance and produce a vapour intended to be inhaled by
the user of the device directly through the mouth, whether or not the vapour contains
nicotine; (By-law 2021-028)
"Electronic Cigarette Retailer" means any person engaged in the business of selling
vapour products; (By-law 2021-028)
"Emergency Safety Plan" means a document outlining the emergency safety plan for
the premise;
"Employee list" means a list of persons under the company's employ who will be tasked
with carrying out the business of the company, which includes full name, date of birth,
and home address;
"Exclusive Concession Agreement" means an agreement which gives a person the
sole right to provide taxicab service to or from any public transportation terminal, hotel,
motel, taxicab stand or any other similar public assembly point;
"Exhibition" means an exhibition of wax works, circus riding, menageries, and other like
shows and includes merry-go-arounds, ferris wheels, carousels, switch back railways,
various mechanical or electronic games and other like contrivances;
"Fare" means the amount displayed on the taxicab meter at the conclusion of a trip, or
the flat rate allowed under this By-law for the trip, together with any additional charges
allowed under this By-law;
"Fee" means as set out in the Town of Oakville Annual Rates and Fees Schedule, which
is not prorated and non-refundable;
"Fence" means a protective, enclosing or visual barrier of posts, wire, boards, rails,
pickets, pilings, wood, metal, fibreglass, plastics, masonry, or similar materials or any
combination thereof, and includes a wall or partition that is not an integral part of a
building, but does not include a trellis or arbour;
"Fire Chief" means the Fire Chief of the Town or designate;
"Firecracker" means a pyrotechnic device that explodes when ignited and does not
make any subsequent display or visible effect after the explosion but does not include
paper caps containing not more than twenty five one-hundredths of a grain of explosive
on average per cap, devices for use with such caps, safety flare or marine rockets;
"Fire Inspection" means an inspection conducted by a person qualified to inspect
premises for compliance with the Fire Protection and Prevention Act and employed by
the Town of Oakville Fire Department and may include a checklist completed by an
applicant regarding fire safety, which is reviewed by Town Fire Prevention staff;
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By-law Number: 2015-075
"Fireworks" means Display Fireworks, Consumer Fireworks or Pyrotechnic Special
Effects;
"Fireworks Vendor" includes any person who offers for sale, causes or permits to be
sold, or possesses for the purpose of sale, any Consumer Fireworks;
"Food Shop/Restaurant" means any place where food items intended for human
consumption are made for sale, offered for sale and where facilities are provided for the
consumption of such food on the premises or pick-up or delivery of such foods to
customers, and includes grocery stores;
"Food Shop/Ancillary Use" means any place where food items intended for human
consumption are offered for sale, stored or sold, but it is not intended for the consumption
of such food on the premises and is not intended as the primary use of the premises; (By
law 2021-028)
"Governmental Authority" means the Government of Canada or the Province of
Ontario or any public board or commission established by either, or the Corporation of
the Regional Municipality of Halton or the Corporation of the Town of Oakville and
includes a hospital as defined in the Public Hospitals Act, R.S.O. 1990, c. P.40. (By-law
No. 2016-025)
"Grossly Unclean Person" means any 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 an unclean state;
"Health Department Approval" means written confirmation from the Medical Officer of
Health for Halton Region that business and activities within the business are in
compliance with the standards established, and include a Check List Inspection Report;
Deleted by By-law 2021-038
"Highway" means as defined in the Highway Traffic Act, R.S.O. 1990, c.H.8 ("Highway
Traffic Act") and includes a roadway;
Deleted by By-law 2023-167
"HTA Safety Check" means a Safety Standards Certificate that a motor vehicle complies
with the equipment and performance standards prescribed by the Highway Traffic Act;
Deleted by By-law 2025-151;
Deleted by By-law 2025-151;
Deleted by By-law 2025-151;
Deleted by By-law 2025-151;
Page 18
By-law Number: 2015-075
Deleted by By-law 2025-151;
"Illuminated Sign" means any sign illuminated by incandescent lighting, fluorescent
lighting or the like;
Deleted by By-law 2025-151;
"Insurance Certificate" means a Certificate of Public Liability Insurance in the amount
of two million dollars ($2,000,000). The Town of Oakville and address must appear on the
certificate as a "Certificate Holder" in order to provide the Town at least thirty (30) days'
notice in writing prior to cancellation, expiration or change of policy;
"Kennel" means every shop, place or premise where dogs or cats are boarded
overnight;
"Landscaping/Property Maintenance Contractor" means a company that undertakes
or is engaged in the business of managing lawns/yards including but not limited to,
installing sprinkler systems, building retaining walls, constructing patios, digging
irrigation and drainage channels, paving or sealing paved driveway surfaces, installing
stone, brick or concrete landscapes, planting shrubs/trees, laying sod/grass, erecting
fences, seasonal mowing/seeding/aeration/fertilization/raking, and snow
ploughing/snow removal/anti-icing application but does not include the pruning, cutting
or removal of trees; (By-law No. 2018-005)
"Landscaping/Tree Company" means a company that undertakes or is engaged in
the business of managing lawns/yards including but not limited to; installing sprinkler
systems, building retaining walls, constructing patios, digging, irrigation and drainage
channels, paving or sealing paved driveway surfaces, installing stone, brick or concrete
landscapes, planting shrubs, laying sod/grass, erecting fences, seasonal
mowing/seeding/thatching/aeration/fertilization/raking and snow ploughing/snow
removal/anti-icing application and that operates as a Tree Company; (By-law No. 2018-005)
Deleted by By-law 2025-151;
"Lawn Care Contractor" means seasonal mowing/seeding/thatching/aeration/
fertilization/raking not utilizing Construction Equipment;
"Letter from T.S.S.A." means a letter from the Technical Standards and Safety
Authority authorizing the operation of amusement devices and to the satisfactory
condition of the devices;
"Licence" means the certificate issued under this By-law as proof of licensing under this
By-law;
"Licence Sticker" means the stamp or seal issued to a Licensee under this By-law;
"Licensed" means licensed under this By-law;
Page 19
By-law Number: 2015-075
"Licensed Premises" means the premises referred to in a licence;
"Licensed Taxicab" means a vehicle licensed under this By-law as a taxicab;
"Licensee" means a person licensed under this By-law or a person required to be
licensed under this By-law;
"Licensing Commissioner" means the Director of Municipal Enforcement Services for
the Town or designate; (By-law No. 2018-085)
"Licensing Section" means the Municipal Enforcement Services Department of the
Town of Oakville; (By-law No. 2018-051)
"Limousine" means a vehicle licenced under this By-law which is not a taxicab, does
not have a taxicab meter and is operated by a uniformed driver for and on behalf of any
person for the transportation of passengers for gain or reward;
"Limousine Class A" means a luxury-class motor vehicle, with the seating capacity for
fifteen (15) passengers or less, including the driver. This definition consists of vehicles
which are recognized by the automobile industry as "stretch" Limousine that are
manufactured with an extended wheel base or have been extended from their original
design and includes vehicles that have been uniquely modified so as to provide "luxury"
Limousine service, such as buses and sport utility vehicles. It does not include the
following vehicles: station wagon, panel truck, and van. The vehicle is operated by a
uniformed driver for and on behalf of any person for the transportation of passengers
and/or goods for gain or reward;
"Limousine Class B" means any motor vehicle with the seating capacity for not less
than five (5) passengers and not more than eight (8) passengers, including the driver.
The vehicle is operated by a uniformed driver for and on behalf of any person for
transportation of passengers and/or goods for gain or reward. This definition consists of
vehicles which are recognized by the automobile industry as "luxury' vehicles that are
not manufactured with an extended wheel base and have not been extended from their
original design. A "luxury" sport utility vehicle may be included in the definition, but a
station wagon, panel truck, bus and a van are not included;
"Limousine Class C" means a vintage, classic, luxurious car of any age. The vehicle is
operated by a uniformed driver for and on behalf of any person for transportation of
passengers and/or goods for gain or reward;
"Limousine Driver" means a Limousine operator who is licensed as such or is required
to be licensed as such under this By-law;
"Limousine Owner" means the owner of a Limousine;
"Lodger" means any person who pays rent, fees or other valuable consideration to a
lodging house keeper for living accommodation in a lodging unit;
Page 20
By-law Number: 2015-075
"Lodging House" means a building or structure or any portion thereof in which persons
are harboured, received or lodged for rent or hire, with or without meals;
"Lodging House Keeper" includes the owner, landlord, lessee, tenant or occupant
responsible for the granting or permission for the occupancy of a lodging unit and for the
collection of the fees or rent payable by the lodger;
"Lodging Unit" means a room provided for rent or hire, which is used or designed to be
used as a sleeping accommodation;
"Medical Officer of Health" means the Medical Officer of Health for the Halton
Regional Health Department or designate;
"Minister "with respect to Schedule 35 of this By-law means as defined in the Smoke
Free Ontario Act; (By-law 2021-028)
"Mobile Sales Premise" means a mobile or portable premise from which fireworks
could be sold and includes a tent, trailer, roadside stand and a motor vehicle;
"Mobile Sign" means any sign not permanently attached to or affixed into the ground
or to a building or structure, but shall not include a sign attached to or located on a
vehicle, which is currently licensed and operative, where the principal use of the vehicle
is the transportation of people, goods or other materials;
"Mobile Sign Lessor" means a person who owns, maintains and engages in the rental
or leasing of mobile signs as defined in the Town's Sign By-law;
"Mobile Sign Permit" means a sign permit issued for the display of a mobile sign
under the Sign By-law;
"Motor Vehicle" means an automobile, motorcycle, truck, trailer or motor assisted
bicycle unless otherwise indicated in this By-law, as defined in the Highway Traffic Act;
"Motor Vehicle Facility" means new and used motor vehicle dealerships, motor vehicle
service stations, motor vehicle repair facility, motor vehicle body shop as defined in the
Town's Zoning By-law, along with suppliers of new and used motor vehicle parts, motor
vehicle inspection and insurance appraisal, motor vehicle rental and leasing, motor
vehicle specialty and service shops related to engines, mufflers, shock absorbers,
transmissions, radiators, tires, brakes, alignment, glass, radios, diagnostics, electrics,
upholstery, washing, polishing, cleaning, air conditioning and rust-proofing;
Deleted by By-law 2023-167
"Municipal Plate" means a number plate bearing issued by the Town to a Licensee;
Page 21
By-law Number: 2015-075
"Municipal Right of Way" means land owned by The Corporation of the Town of
Oakville as opened or unopened road allowances for the purposes of operating a public
highway under the Municipal Act, 2001, a public walkway, municipal services (such as a
public parking lot listed with the Parking Lot By-law) or public utilities, but excludes
Town lands owned or operated as parkland, creeks and watercourse, and related public
trail systems;
"Neighbourly Assistance" means assisting a neighbour in providing the services of
property maintenance solely to the neighbour or immediate neighbourhood.
"Nightclub" means a commercial establishment which is either self-contained or is a
specific area within a standard restaurant, whose primary function is to provide a dance
floor for patrons to dance to pre-recorded music or to live entertainment. Food and
liquor may be prepared and/or served to patrons, with the food to be served in a
designated seating area;
Deleted by By-law 2018-051
"Officer" means any person authorized by the Corporation of the Town of Oakville to
enforce by-laws and includes Municipal Law Enforcement Officers, provincial offences
officers, Halton Regional Police Officers;
"Operator" includes a proprietor, or any other person who alone or with others,
operates, manages, supervises, runs or controls a business, and "operate", "operation"
and other words of like import or intent shall be given a corresponding meaning;
"Order" means a request for taxicab service received by a taxicab broker (when
referenced in Schedule 34);
"Outdoor Market" means a temporary outdoor retail operation that may be
compromised of multiple vendors and temporary accessory structures in which
agricultural, food, or art and craft products are sold, and occurs on a regular weekly
basis, but no more than 3 days in a 7 day period, such as a farmer's market or a flea
market, but does not include any market operating pursuant to a Town permit or
contract. Outdoors markets do not include garden centres;
"Owner" means a person who is on title as an owner of a building or parcel of land
identified on the parcel register from the Land Registry Office and includes a person
who alone or with others has a right to possess or occupy premises where a business is
located, or a lessee who actually does not own, possess or occupy the premises upon
which a business is located;
"Partnership" means an association of two or more persons to carry on, as co-owners,
a business or other activity;
"Passenger" means any person other than the driver seated in a taxicab/Limousine;
Page 22
By-law Number: 2015-075
"Passenger with a Disability" means a passenger who has a mobility impairment
affecting that person's ability to walk, climb stairs, sit or stand, which may be caused by
age, injury, disease or by characteristics acquired before birth;
"Paving" includes, but is not limited to, asphalt, concrete and interlocking stone paving;
"Penalty Notice" means a notice issued pursuant to the provisions of the Administrative
Penalties for Non-Parking Violations and Orders Bylaw; (By-law 2021-038)
Deleted by By-law 2023-167
"Person" means an individual, firm, corporation, sole proprietorship, association or
partnership;
"Personal Services Establishment" means any place which provides services for hair,
face, hands, feet, such as hair cutting, waxing, tanning, tattooing, micro pigmentation,
laser hair removal, electrolysis and body and ear piercing, but does not include a body
rub establishment;
"Pet shop" means any shop, place or premise where animals for use as pets are kept
and sold;
Deleted by By-law 2025-151;
Deleted by By-law 2025-151;
"Pool Installation Contractor" means a person who undertakes or is engaged in the
business of installing pools on privately owned property.
Deleted by By-law 2023-167
"Proof of Qualifications" means documentation indicating that a person who
undertakes or is engaged in the pursuance of a trade, calling, business or occupation is
duly qualified, licenced/certified or registered so to do under the laws of the Province of
Ontario and/or the College of Trades. This also includes a valid Ontario driver's licence
that is in good standing, and an Ontario driver's record issued to the applicant by the
Ministry of Transportation that is no more than 30 days old;
"Propane Inspection" means an inspection conducted by a qualified person on the safe
handling of propane and propane-powered equipment and who satisfies federal and
provincial training requirements attesting to the satisfactory and legal operating condition
of all components of a propane system contained within the premise or vehicle being
licensed;
"Proximity" means a distance of 3 metres from 750 volts to 150 000 volts, 4.5 metres
up to 250 000 volts, and 6 metres for more than 250 000 volts; (By-law No. 2018-005)
Page 23
By-law Number: 2015-075
"Public Hall" means a building or part of a building, including a portable building or tent,
with a seating capacity for over 100 persons, that is offered for use or used as a place
of public assembly, but does not include a theatre licensed under the Film Classification
Act, 2005, S.O. 2005, c. 17 ("Film Classification Act") or a building, except a tent, used
solely for religious purposes;
"Pyrotechnic Special Effects" are high-hazard pyrotechnics articles designed for use
by professionals as set out in the Explosives Act. These articles include items such as
gerbs, mines, comets and crossettes. This class also includes special purpose
pyrotechnics manufactured live stage and the film and television industry.
Deleted by By-law 2025-151;
"Qualified H.V.A.C. Contractor" means a person who engages in HVAC work and who
is properly certified or licensed under the laws of the Province of Ontario. For greater
clarity, a municipal licence does not constitute such certification or licensing; (By-law 2025
151)
"Refreshment Vehicle Class A" means a motorized or non-motorized and from which
canteen services are provided, including pre-prepared packaged and other prepared
foods including but not limited to sandwiches, hot dogs, hamburgers, french fries,
popcorn, ice cream, coffee, tea, soup, (includes food truck where foods are prepared in
the vehicle) lunches or meals are sold for consumption;
"Refreshment Vehicle Class B" means a non-motorized food vending structure/facility,
and from which sandwiches, confections, hot dogs, hamburgers, potato chips, french
fries, soft drinks, popcorn, peanuts, ice cream, coffee, tea, soup or other prepared
foods, lunches or meals are sold for consumption (includes where foods are prepared
on site);
"Refreshment Vehicle Class C" includes, but is not limited to, a vehicle propelled by
hand or a bicycle propelled by muscular power, selling fruit, candy, peanuts, ice cream,
frozen desserts or other frozen confections, or popcorn;
"Refreshment Vehicle Operator" means a person who operates a refreshment vehicle
and includes operators of muscle-powered carts or wagon for which a Provincial
Driver's License is not required, who is licensed or required to be licensed under the
provisions of this By-law;
"Refreshment Vehicle Owner" means the owner of a refreshment vehicle who is
licensed or required to be licensed under the provisions of this By-law;
"Registered Charity" means:
a)
a charitable organization, private foundation or public foundation, within the
meanings assigned by subsection 149.1(1) of the Income Tax Act, RSC 1985,
c. 1 (5th Supp), that is resident in Canada and was either created or
established in Canada; or,
Page 24
By-law Number: 2015-075
b)
a branch, section, parish, congregation or other division of an organization or
foundation described in paragraph (a), that is resident in Canada and was
either created or established in Canada and that receives donations on its
own behalf;
that is at that time registered as a charitable organization, private foundation or public
foundation;
"Registered Owner" means the person shown to be the owner of a motor vehicle
according to the records maintained by the Registrar of Motor Vehicles for the Province
of Ontario;
"Salvage Yard" includes, but is not limited to, an automobile wrecking yard or premises;
Deleted by By-law 2021-038
Deleted by By-law 2021-038
"Second-hand Goods Shop" means a building or place where a person carries on the
business of selling used or previously owned merchandise regardless of age and
condition;
"Sensitivity Training Course" means an accredited course approved by the Licensing
Commissioner which provides the knowledge to assist and understand the needs and
sensitivities of those persons who have a disability;
"Services" in relation to an adult entertainment establishment includes activities,
facilities, performances, exhibitions, viewing and encounters but does not include the
exhibition of film approved under the Film Classification Act;
"Services designed to appeal to erotic or sexual appetites or inclinations''
includes, but is not limited to:
(a) services of which a principal feature or characteristic is the nudity or partial nudity
of any person, including the customer;
(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; and
(c) for the purposes of this clause, "partial nudity" shall mean less than completely
and opaquely covered human genitals or human pubic region, human buttocks or
female breast below a point immediately above the top of the areola;
"Sign" means any device for the purpose of direction, information, identification,
advertisement, business promotion or the promotion of a product, activity or service
located on private property;
Page 25
By-law Number: 2015-075
"Sign Area" means the number of square metres on the surface of a sign, including the
border and frame, and where there is no border, shall include all area of the surface
lying within the extremities of a sign. Where used in connection with a sign having more
than one display surface, only one-half of the total area of all the display surfaces shall
be used in the calculation of the sign area;
"Smoke Free Ontario Act" means the Smoke Free Ontario Act, 2017, S.O. 2017, c. 26,
Schedule 3, or successor legislation; (By-law 2021-028)
"Sole Proprietorship" means a form of business in which only one person has the sole
control, and/or power over the business, and/or sole ownership over the assets of the
business, and the only person to receive the profits of the business;
"Special Effect Pyrotechnics" means any explosive as defined and classified under
the Explosives Act, which will be used to produce a special effect in a film or television
production or a performance before a live audience;
"Special Event" includes but is not limited to a community event such as an outdoor
festival, exhibition, or tournament or a private function where food and/or beverages are
provided for sale, for not longer than three consecutive days;
"Special Event Food Shop" means a Food Shop/Restaurant that is participating in a
special event;
"Special Event Refreshment Vehicle" means a Class "A", "B", or "C" refreshment
vehicle that is participating in a special event;
"Special Event Refreshment Vehicle Operator" means a person who operates a
Class "A" or "B" refreshment vehicle that is participating in a special event;
"Special Occasion Limousine" means any Class "A", "B", or "C" Limousine which is
operated on a per day basis;
"Special Sale" means any sale or intended sale described by the use of any of the
following words or expressions, or any enlargement, contraction or combination thereof:
bankrupt; moving out; fire; insolvent, selling out; smoke; trustee; lease expiring; water
damage; receiver; closing out; creditor; liquidation; discontinuing; forced; or any other
similar word or words that represent, hold out or advertise that any goods, wares or
merchandise are to be disposed of in a manner that is not in the ordinary course of retail
business;
"Specialty tobacco products" includes tobacco products and tobacco product
accessories, but does not include cigarettes within the meaning of the Tobacco Tax Act,
R.S.O. 1990, c. T.10 or successor legislation; (By-law 2021-028)
"Specified Body Areas" means in the case of a female person, the nipples and
areolae, and in the case of all persons the genitals and the anus;
Page 26
By-law Number: 2015-075
"Spouse" means a person to whom the person is married, or with whom the person is
living outside marriage in a conjugal relationship, if the two have cohabited for at least
one year, or are together the parents of a child, or have together entered into a
cohabitation agreement under Section 53 of the Family Law Act;
"Tanning equipment" means any device equipped, or intended to be equipped, with
one or more ultraviolet lamps, which emits ultraviolet radiation including the entire
spectrum (100 to 400 nanometers), and designed to induce skin tanning or other
cosmetic effects and are represented as inducing such effects, but not including any
such device represented for use solely in the production of therapeutic effects for
medical purposes;
"Taxicab" includes any automobile used for hire in the conveyance of persons from
place to place within the Town of Oakville or from any place within the Town of Oakville
to any point inside or outside the Town of Oakville, but does not include a bus operated
by The Corporation of the Town of Oakville or under licence under the Public Vehicles
Act, an ambulance, a funeral hearse or a Limousine used only for funeral or wedding
processions, a Limousine licensed by the Town of Oakville, a rental automobile without
a driver or an automobile used for hire in the conveyance of persons from within the
Town of Oakville to an airport owned and operated by the Crown in right of Canada
situate outside the Town of Oakville if the automobile bears a valid and subsisting plate
issued in respect of such airport under the Government Airport Concession Operations
Regulations made under the Department of Transport Act (Canada);
"Taxicab broker" or "Broker" means any person who carries on the business of
dispatching taxicabs in any manner;
"Taxicab driver" or "Driver" means any person licensed under this By-law to drive a
taxicab;
"Taxicab meter" means a measuring device used in a taxicab to calculate the rate
payable for a trip;
"Taxicab owner" or "Owner" means the holder of the plate portion of the permit issued
under the Highway Traffic Act of a vehicle licensed as a taxicab under this By-law; and
"Taxicab stand" or "Stand" means an area set aside and designated by the Town to be
used by a taxicab while it is waiting for or picking up goods or passengers;
"To operate" when used in reference to a taxicab includes to drive the said vehicle and
to make it available to the public for use as a taxicab;
Deleted by By-law No. 2018-005
"Tobacco product" means any product that contains tobacco, and includes the
package in which tobacco is sold, and "tobacco products" has a similar meaning; (By-law
2021-028)
Page 27
By-law Number: 2015-075
"Tobacco product accessories" means a product that may be used in the
consumption of a tobacco product, including, but not limited to, a humidor, pipe,
cigarette holder, cigar clip, lighter and matches; (By-law 2021-028)
"Tobacco Retailer" means any person engaged in the business of selling tobacco
products and/or specialty tobacco products, but does not include a retailer that sells
only lighters, matches and ashtrays; (By-law 2021-028)
Deleted by By-law 2019-110
"Town" means The Corporation of the Town of Oakville in the Regional Municipality of
Halton;
Deleted by By-law 2023-167
"Tree Company" means a company capable of removing trees, pruning, root pruning,
fertilizing, planting, stumping, transplanting, a tree but not able to assess the health and
structure of a tree. A Tree Company must have staff holding valid certifications in the
following areas;
a) Certified Tree Worker
b) Certified Chainsaw Operator
c) And will require a Utility Arborist when working in proximity to energized electrical
equipment, structures and conductors (By-law No. 2018-005)
"Trip" means the distance and time travelled or the distance and time to be travelled,
measured from the time and point at which the passenger first enters the taxicab or
when the taxicab meter is first engaged, whichever comes first, to the time and point at
which the passenger finally leaves the taxicab or the taxicab meter is disengaged,
whichever comes last;
"Trip Sheet" means the written record of the details of each trip;
"Utility Arborist" means a person trained and knowledgeable to undertake any work
required to prune or clear vegetation in proximity to energized electrical equipment,
structures and conductors; including the pruning, falling or removal of trees which could
come into contact with energized power lines and who is an ISA Certified Arborist Utility
Specialist or holds a certificate based on the competency standards set by the Ministry
of Advanced Education and Skills Development; (By-law No. 2018-005)
"Vapour Products" means an electronic cigarette, an e-substance, or any component
of an electronic cigarette and includes the package in which the electronic cigarette, e-
substance or component is sold; (By-law No. 2021-028)
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By-law Number: 2015-075
"Vehicle Insurance" means a current valid Ontario standard automobile insurance policy
in good standing and properly endorsed against liability arising out of bodily injury to or
the death of a person or loss or damage to property caused by an automobile or the use
or operation thereof in accordance with the provisions of this By-law, including coverage
for: (a) the owner or driver of an automobile, or (b) a person who is not the owner or driver
thereof where the automobile is being used or operated by that person's employee or
agent or any other person on that person's behalf;
"Vehicle Ownership" means the Motor Vehicle Owners Certificate, issued pursuant to
the Highway Traffic Act;
"Video" means cinematographic or motion picture film, video, video disc, game
cartridges, computer diskettes, CD-ROM's, pre-recorded magnetic tape, and any other
medium from which may be produced visual images that may be viewed as moving
pictures;
"Video Store" means any premises or part thereof in which videos are provided to the
public in the pursuance of a trade, calling or business;
"Visually Impaired Person" means a person to whom an identification card for the
visually impaired has been issued by the Attorney General or an officer of his Ministry,
pursuant to the Blind Persons' Rights Act, R.S.O. 1990, c.B.7;
"Wheelchair Accessible Plate" means an owner's plate which is assigned to and
attached to an accessible vehicle as approved by council. (By-law 2018-051)
"Vulnerable Sector Screening" means a Canadian Vulnerable Sector Screening
issued by an accredited Canadian Police Service, no more than 30-days old at the time
of the licence application; (By-law 2018-051)
"Written Declaration" means a sworn document that attests to the requirements as set
out in the Schedules to this By-law; and
"Zoning Compliance" means a Certificate of Occupancy issued by the Town's
Building Services Department demonstrating compliance with all permissions and
regulations of the applicable Town Zoning By-law.
Page 29
By-law Number: 2015-075
3. LICENCE APPLICATION/RENEWAL REQUIREMENTS
The attached tables outline licence application/renewal requirements, in addition to
those listed in any other Schedule.
Adult Entertainment
Establishment Owner
Operating/Owner Not
Operating
Adult Entertainment
Establishment - Operator
Adult Entertainment
Establishment - Attendant
Adult Entertainment Video
Vendor-Class A, B
Animals for Entertainment
Deleted by By-law 2025
151
Deleted by By-law 2025
151
Body-Rub Establishment
Owner Operating/Owner
not Operating
Renewal Dates
31-Jul
31-Jul
31-Jul
31-Jul
31-Jan
31-Jul
Schedule Number
2
2
2
3
4
7
REQUIREMENTS
Applicants Information
-
-
-
-
-
-
Business Address
-
-
-
-
-
-
Insurance Certificate
-
-
-
-
Fee
-
-
-
-
-
-
Article of Incorporation
▲
▲
▲
▲
▲
Business Partner
Information
▲
▲
▲
▲
▲
Zoning Compliance
▲
▲
-
▲
Criminal Reference Check
-
-
-
-
-
-
Health Department Approval
-
-
Fire Inspection
▲
▲
Employee List
HTA Safety Check
Vehicle Insurance
Vehicle Ownership
Proof of Qualifications
Letter from TSSA
HVAC Inspection
Emergency Safety Plan
Written Declaration
Description of Business
-
Propane Inspection
Animal Control Inspection
Declaration of Animal
Offences
-
Denotes requirement for all applications
Denotes only required for initial application
Page 30
By-law Number: 2015-075
Body-Rub Establishment
Operator
Body-Rub Establishment -
Body-Rub Attendant
Deleted by By-law 2025
151
Building Renovator
Donation Box Operator*
Deleted by By-law 2025
151
Driving School Operator
Driving School Vehicle
Renewal Dates
31-Jul
31-Jul
30-Jun
31-Oct
31-Dec
31-Dec
Schedule Number
7
7
9
10
12
12
REQUIREMENTS
Applicants Information
-
-
-
-
-
-
Business Address
-
-
-
-
-
Insurance Certificate
-
-
-
-
Fee
-
-
-
-
-
-
Article of Incorporation
▲
-
▲
▲
▲
Business Partner
Information
▲
▲
▲
▲
Zoning Compliance
▲
▲
Criminal Reference Check
-
-
-
-
-
Health Department Approval
Fire Inspection
Employee List
-
HTA Safety Check
-
Vehicle Insurance
-
Vehicle Ownership
-
Proof of Qualifications
Letter from TSSA
HVAC Inspection
Emergency Safety Plan
Written Declaration
Description of Business
Propane Inspection
Animal Control Inspection
Declaration of Animal
Offences
Denotes requirement for all applications
Denotes only required for initial application
* Donation Box validation sticker requirements in
Schedule
Page 31
By-law Number: 2015-075
Deleted by By-law 2025
151
Exhibition
Fireworks Vendor
Food Shop Restaurant
and Food Shop
Convenience
Food Shop Special Event
Deleted by By-law 2025
151
Landscaping/Property
Maintenance and Lawn
Care Contractor
Limousine Owner
Renewal Dates
per
event
31-Jan
31-Jan
per
event
30-Apr
31-Aug
Schedule Number
14
15
16
16
18
19
REQUIREMENTS
Applicants Information
-
-
-
-
-
-
Business Address
-
-
-
-
-
-
Insurance Certificate
-
-
-
-
-
-
Fee
-
-
-
-
-
-
Article of Incorporation
▲
▲
▲
▲
▲
▲
Business Partner
Information
▲
▲
▲
▲
▲
▲
Zoning Compliance
-
▲
Criminal Reference Check
-
-
-
-
Health Department Approval
-
-
Fire Inspection
-
Employee List
-
HTA Safety Check
-
Vehicle Insurance
-
Vehicle Ownership
-
Proof of Qualifications
Letter from TSSA
-
HVAC Inspection
Emergency Safety Plan
Written Declaration
Description of Business
-
Propane Inspection
Animal Control Inspection
Declaration of Animal
Offences
Denotes requirement for all applications
Denotes only required for initial application
Page 32
By-law Number: 2015-075
Limousine Driver
Limousine-Special Occasion
Lodging House
Mobile Sign Lessor
Motor Vehicle Facility
Nightclub
Outdoor Market
Personal Services
Establishment
Renewal Dates
31-Aug
per
event
31-Aug
30-Nov
31-Aug
31-Jan
31-Oct
31-Aug
Schedule Number
19
19
20
21
22
23
24
25
REQUIREMENTS
Applicants Information
-
-
-
-
-
-
-
-
Business Address
-
-
-
-
-
-
-
-
Insurance Certificate
-
-
-
-
-
-
Fee
-
-
-
-
-
-
-
-
Article of Incorporation
▲
▲
▲
▲
▲
▲
▲
Business Partner Information
▲
▲
▲
▲
▲
▲
▲
Zoning Compliance
▲
▲
▲
▲
Criminal Reference Check
-
-
-
-
Health Department Approval
-
Fire Inspection
-
▲
Employee List
HTA Safety Check
-
Vehicle Insurance
-
Vehicle Ownership
-
Proof of Qualifications
-
Letter from TSSA
HVAC Inspection
-
Emergency Safety Plan
-
Written Declaration
Description of Business
-
-
Propane Inspection
-
Animal Control Inspection
Declaration of Animal
Offences
Denotes requirement for all applications
Denotes only required for initial application
Page 33
By-law Number: 2015-075
Pet Shop/Kennel
Deleted by By-law 2025-151
Pool Installation
Contractor
Public Hall
Refreshment Vehicle
Owner Class A, B, C
Refreshment Vehicle
Operator
Refreshment Vehicle -
Special Event
Salvage Yard
Renewal Dates
30-Apr
31-Dec
31-Jan
31-Jan
31-Jan
per
event
31-Jan
Schedule Number
26
28
29
30
30
30
31
REQUIREMENTS
Applicants Information
-
-
-
-
-
-
-
Business Address
-
-
-
-
-
-
-
Insurance Certificate
-
-
-
-
-
Fee
-
-
-
-
-
-
-
Article of Incorporation
▲
▲
▲
▲
▲
▲
Business Partner
Information
▲
▲
▲
▲
▲
▲
Zoning Compliance
▲
▲
▲
Criminal Reference Check
-
-
-
-
-
-
Health Department Approval
-
-
Fire Inspection
▲
Employee List
HTA Safety Check
-
-
Vehicle Insurance
-
-
Vehicle Ownership
-
-
Proof of Qualifications
Letter from TSSA
HVAC Inspection
Emergency Safety Plan
Written Declaration
Description of Business
Propane Inspection
-
-
Animal Control Inspection
-
Declaration of Animal
Offences
-
Denotes requirement for all applications
Denotes only required for initial application
Page 34
By-law Number: 2015-075
Second-Hand Goods
Shop
Special Sale
Taxicab Broker (By-law
2018-051)
Taxicab Driver (By-law
2018-051)
Taxicab Owner (By-law
2018-051)
Tobacco/Electronic
Cigarette Retailer (2021
028)
Renewal Dates
31-Jan
Per
event
31-Jul
31-Jul
31-Jul
31-Jan
Schedule Number
32
33
34
34
34
35
REQUIREMENTS
Applicants Information
-
-
-
-
-
-
Business Address
-
-
-
-
-
-
Insurance Certificate
-
-
-
-
-
Fee
-
-
-
-
-
-
Article of Incorporation
▲
▲
▲
▲
▲
Business Partner Information
▲
▲
▲
▲
▲
Zoning Compliance
▲
▲
▲
Criminal Reference Check
-
Vulnerable Sector Screening (Bylaw 2018-051)
-
-
-
Health Department Approval
Health Department Inspection Report (2021-028)
-
Fire Inspection
Employee List
HTA Safety Check
-
Vehicle Insurance
-
Vehicle Ownership
-
Proof of Qualifications
-
-
Letter from TSSA
HVAC Inspection
Emergency Safety Plan
Written Declaration
-
Description of Business
-
Propane Inspection
Animal Control Inspection
Declaration of Animal Offences
Denotes requirement for all applications
Denotes only required for initial application
Page 35
By-law Number: 2015-075
Commercial Parking Lot
Operators (By-law 2016
025)
Arborist Consulting
Company (By-law 2018
2005)
Arboricultural Company
(By-law 2018-2005)
Tree Company (By-law
2018-2005)
Landscaping /Tree
Company (By-law 2018
2005)
Renewal Dates
31-Jul
30-Apr
30-Apr
30-Apr
30-Apr
Schedule Number
36
36
36
36
36
REQUIREMENTS
Applicants Information
-
-
-
-
-
Business Address
-
-
-
-
-
Insurance Certificate
-
-
-
-
-
Fee
-
-
-
-
-
Article of Incorporation
▲
▲
▲
▲
▲
Business Partner Information
▲
▲
▲
▲
▲
Zoning Compliance
▲
Criminal Reference Check
-
-
-
-
Health Department Approval
Fire Inspection
Employee List
-
-
-
-
HTA Safety Check
Vehicle Insurance
Vehicle Ownership
Proof of Qualifications
-
-
-
-
Letter from TSSA
HVAC Inspection
Emergency Safety Plan
Written Declaration
Description of Business
Propane Inspection
Animal Control Inspection
Declaration of Animal Offences
Denotes requirement for all applications
Denotes only required for initial application
Page 36
By-law Number: 2015-075
SCHEDULE 2: ADULT ENTERTAINMENT
ESTABLISHMENT - OWNER/OPERATOR/ATTENDANT
1. In addition to the requirements prescribed in Schedule1 to this By-law, a completed
application for a licence or for renewal of a licence shall be accompanied by:
(a) two separate means of identification such as a birth certificate, current driver's
licence, passport, or the like, produced for inspection by the Licensing
Commissioner;
(b) proof of his or her age, if required to do so by the Licensing Commissioner;
(c) if the applicant is an owner, a list showing the name and date of birth of all
operators and attendants employed by, or performing services in the adult
entertainment establishment and all such persons intended or expected to be
employed or to perform services in the adult entertainment establishment;
(d) if the applicant is a partnership applying for an owner or operator's licence, a
declaration in writing signed by all members of the partnership which states the
date of birth of every partner, the name or names under which they carry on or
intend to carry on business, and the mailing address for the partnership;
(e) if the applicant is a corporation applying for an owner or operator's licence, the
name, date of birth and address of every officer, director, shareholder or other
person having a beneficial interest of any kind in the shares of the corporation;
(f) if the applicant intends to carry on business 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, a declaration stating the name or designation under which
he or she carries on or intends to carry on business, the date when the name or
designation was first used by him or her;
(g) if the applicant is an owner, documentation satisfactory to the Licensing
Commissioner demonstrating the applicant's right to possess or occupy the
premises used as an adult entertainment establishment; and
(h) if the applicant is an owner or operator, a copy of any licence or permit issued
under the Liquor Licence Act in respect of such premises, and shall, after such
licence has been issued, advise the Licensing Commissioner in writing forthwith
upon any suspension, cancellation, revocation or termination of such licence or
permit or of any change in such licence or permit, or any of its terms.
2. Every applicant for an attendant's licence shall:
(a) submit with the application two passport size photographs of their face, one of
which photographs shall be attached to the licence, and the other shall be filed
with the Licensing Commissioner, and upon application for a renewal of any
licence, the applicant shall furnish new photographs if required to do so by the
Licensing Commissioner.
3. PROHIBITIONS
(1)
No owner shall permit any person other than a licensed operator to operate an
adult entertainment establishment.
Page 37
By-law Number: 2015-075
(2)
No owner or operator shall permit the provision of services at an adult
entertainment establishment by any person other than a licensed attendant or
other person licensed or authorized by or under this By-law to do so.
(3)
No owner shall permit any person, other than an employee of such owner or a
person with whom the owner has contracted, to operate the adult
entertainment establishment or to provide services in the adult entertainment
establishment.
(4)
No attendant or other person shall provide services in any adult entertainment
establishment unless the owner and the operator is duly licensed as owner or
operator respectively under this By-law.
(5)
No owner or operator shall permit any premises or part thereof used as an
adult entertainment establishment to be used as a dwelling or for sleeping
purposes.
(6)
No owner or operator shall permit the door to any room or cubicle where
services 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.
(7)
No person shall provide any 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.
(8)
No owner or operator shall permit a washroom, toilet, sink or basin used for
domestic purposes to be used in connection with an adult entertainment
establishment.
(9)
No owner or operator shall permit any services to be given, performed,
provided or received in any adult entertainment establishment in breach of any
of the regulations contained in this By-law.
(10) No owner or operator shall advertise or permit or suffer any person to
advertise an adult entertainment establishment, or publish anything or erect,
post or maintain any sign, notice or any other publication or device, relating to
or drawing attention to such adult entertainment establishment by any means
or in any form whatsoever, except as specifically permitted in this By-law.
(11) No owner, operator or attendant shall charge, demand, ask for or require, or
permit to be charged, demanded, asked for or required for any services
provided any amount other than set out in a list filed with the Licensing
Commissioner, or amendments thereto also filed.
(12) No owner, operator or attendant shall provide services at or in respect of an
adult entertainment establishment other than those permitted by endorsement
by the Licensing Commissioner on the licence of the owner all as described on
a list filed with the Licensing Commissioner or amendments thereto also filed.
(13) No owner or operator shall permit any trade, calling or business or occupation
for which a licence is required under this By-law, to be carried on in an adult
entertainment establishment unless it is endorsed on the owner's licence and
the owner and every other person required to be so licensed has paid the
licence fee.
Page 38
By-law Number: 2015-075
(14) No person shall act as an owner, operator or attendant of an adult
entertainment establishment, or provide any services in an adult entertainment
establishment unless the person is at least the age of eighteen years.
(15) No person shall provide services in an adult entertainment establishment to a
person under the age of eighteen years.
(16) No owner or operator shall permit any person under the age of eighteen to
enter or remain in any adult entertainment establishment. This section shall
not be deemed to prohibit any person from entering or remaining in any
premises licensed as an adult entertainment establishment except when
services are being provided in such premises.
(17) No owner or operator shall permit any person who appears to be intoxicated
by alcohol or a drug to enter or remain in any adult entertainment
establishment.
(18) No owner or operator shall open an adult entertainment establishment for
business or permit the same to be or to remain open for business or permit
any services of any kind to be provided at any time between the hours of 2:00
a.m. of any day and 8:00 a.m. of the same day.
(19) No owner or operator shall permit an adult entertainment establishment to be
open for business at any time other than the times set forth in a schedule filed
with the Licensing Commissioner.
(20) No owner, operator or attendant shall take, consume or have a liquor or a
drug, in their possession in an adult entertainment establishment, nor shall the
use of liquor or a drug be apparent while in an adult entertainment
establishment. For the purpose of this subsection the word "drug" shall be
deemed to exclude patent medicines and prescription drugs required for
medicinal purposes.
(21) No owner, operator or attendant shall use or permit to be used any camera or
other photographic or recording device in, upon or at an adult entertainment
establishment by any person other than a Peace Officer, Medical Officer of
Health or a Public Health Inspector acting under their direction or a By-law
Enforcement Officer.
(22) No owner shall fail to notify the Licensing Commissioner before engaging any
operator to operate the adult entertainment establishment.
(23) No owner or operator shall fail to provide to the Licensing Commissioner a
copy of every contract of/for service(s), or other document constituting or
pertaining to the relationship between owner and operator of an adult
entertainment establishment, or between owner or operator and an attendant
providing services at an adult entertainment establishment and a list of all fees
to be paid by the owner and the operator to the attendant.
(24) No owner or operator shall fail to make available for inspection the original of
any such document noted in subsection 3(23) upon request by the Licensing
Commissioner, the Chief of Police or any person duly authorized by either, or
fail to retain such documents for a period of six months after its termination.
(25) No owner or operator shall fail to keep proper records and books of account of
all business transacted in, by, or in respect of the adult entertainment
establishment, which books shall give the amount of gross receipts for all
Page 39
By-law Number: 2015-075
services provided, including all receipts for admission fees and other charges
and receipts in respect of entry to or services provided, the name and licence
number of every attendant providing services in the said adult entertainment
establishment including the date of commencement and the date of
termination of such services, the amount of salary or commission paid to each
attendant, all amounts paid by the owner to the operator, if any, or by the
operator to the owner, in respect of such adult entertainment establishment,
and all bills and receipts for the full amount paid for services.
(26) No owner or operator shall fail to keep such books and records as are required
by subsection 3(25) for at least one year after the information required by that
subsection is entered therein, and the Licensing Commissioner, the Chief of
Police or any person duly authorized by either, shall at all times have access
to such records.
(27) No owner, operator or attendant shall fail to give to a customer an itemized bill
for services, listing the services to be provided and the price to be paid for
each upon entry of the customer into an adult entertainment establishment or
immediately before any services are provided.
(28) No owner, operator or attendant shall fail to provide a customer a written
receipt for the full amount paid for services.
(29) No owner or operator shall fail to ensure:
(a) the premises are provided with adequate light and ventilation;
(b) the premises and all fixtures and equipment therein are regularly washed and
kept in sanitary condition;
(c) the premises are equipped with an effective utility sink;
(d) adequate toilet and washroom accommodation are provided, and there are
separate such rooms for males and females;
(e) washrooms are equipped with:
i.
an adequate supply of hot and cold water;
ii.
an adequate supply of liquid soap in a suitable container or 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) in all shower-bath rooms, if any, and in all sauna-bath rooms, if any:
i.
the floors are disinfected at least once a week with a disinfecting
solution approved by the Medical Officer of Health;
ii.
all surfaces and attached accessories of the bath or shower enclosure
are self-draining;
iii.
all showers have removable cleanable drain covers; and
iv.
floor surfaces both within and without the enclosures are of a non-slip
type;
(g) common foot baths are not provided on the premises; and
(h) duckboards or cocoa matting are not used in the shower, bath or steam room,
or anything other than liquid or powdered soap in the shower room.
(30) No owner or operator shall fail to provide a service by which any customer
Page 40
By-law Number: 2015-075
may deposit valuables or other property for safekeeping where services which
involve or may involve the undressing of or changing of clothes by the
customer, and any customer who presents their property for safekeeping shall
be given a receipt specifying the nature of the property so entrusted. A copy of
every receipt shall be retained for at least one year by the owner or operator
together with all other copies of receipts required by this By-law to be retained.
(31) No owner or operator shall fail to post and maintain in a conspicuous place in
every room and cubicle a notice drawing attention to the safekeeping service
provided in accordance with subsection 3(30).
(32) No owner or operator shall fail to take due care of all property delivered or
entrusted for safekeeping and return it to its owner upon demand. Every
attendant immediately upon the termination of services referred to in
subsection 3(30), shall carefully search the premises for any property lost or
left therein, and all property or money left in the adult entertainment
establishment shall be forthwith delivered over to the person owning the same,
or if the owner cannot at once be found, then to the nearest police station, with
all information regarding the same.
(33) No owner or operator shall fail to exhibit over the street door or in the lower
front window of the premises in respect to which such person's licence is
issued or in some other conspicuous place on the exterior of such premises
satisfactory to the Licensing Commissioner a sign issued by the Licensing
Commissioner bearing the words, "LICENSED ADULT ENTERTAINMENT
ESTABLISHMENT NO.", (inserting after "NO." the owner's licence number),
and "Comments regarding this business may be made to the Licensing
Commissioner, The Corporation of the Town of Oakville."
(34) No owner or operator shall fail to keep the licence or duplicate copy of such
licence, issued in respect of an adult entertainment establishment, exposed in
a conspicuous place in every room and cubicle in the said premises and also
prominently displayed on the exterior of the premises at all times during the
currency of the licence, and the Licensing Commissioner shall issue duplicate
copies of licences for such purposes.
(35) No owner or operator shall permit more than one sign other than as expressly
permitted in this By-law. Where more than one adult entertainment
establishment occupies the same building or structure there may be one such
sign as permitted in respect of each adult entertainment establishment subject
to the condition that where one owner owns more than one adult entertainment
establishment situated in one building or structure, such owner is permitted to
have only one such sign, which sign may refer to all of their adult
entertainment establishments.
(36) No owner or operator shall solicit, employ or allow any runner, sandwich-board
man, bill or gift distributor or other person to advertise services offered in or by
an adult entertainment establishment, or to assist or act in concert in the
soliciting of any person to use the service or services of any kind offered in or
by an adult entertainment establishment on any public highway, lane, street,
sidewalk, park or other public place.
(37) No owner or operator shall use, or permit to be used, any telephone for the
Page 41
By-law Number: 2015-075
purpose of advertising or soliciting any person to use the service or services
provided in an adult entertainment establishment.
(38) No owner or operator shall use or permit any sign, notice, placard, printing,
picture or any other advertising or identifying device or thing whatsoever
relating to any adult entertainment establishment or services offered therein,
other than the signs permitted under this section, to be placed on or near any
adult entertainment establishment, or in an adult entertainment establishment
in such a position or place as to be capable of being seen by a person outside
the said adult entertainment establishment.
(39) No owner or operator shall fail to file with the Licensing Commissioner a copy
of a list of all services provided at the adult entertainment establishment and of
the respective fees charged for services including admission fees and any
other payment charged in respect of entry to the adult entertainment
establishment, and, if any charge be based on a computation of time, the
hourly rate shall be shown on such lists.
(40) No owner or operator shall fail to post a copy of the list of services and fees
referred to in subsection 3(39) in a conspicuous place in the interior of the
adult entertainment establishment plainly visible to any person upon entering
the said premises.
(41) No owner, operator or attendant providing services at an adult entertainment
establishment or in attendance at an adult entertainment establishment in
pursuance of a trade, calling, business or occupation carried on by the owner
or operator of such an adult entertainment establishment, shall fail to, upon
request by any Officer, or Public Health Inspector acting under the direction of
the Medical Officer of Health, provide their name and residential address, and
if licensed under this By-law, produce their licence.
(42) No owner or operator shall fail to file with the Licensing Commissioner a
schedule showing the hours of business to be observed in the carrying on of,
or the operation of the adult entertainment establishment which schedule shall
state specifically the opening and closing times of the adult entertainment
establishment for each day of the week.
(43) No owner or operator shall fail to ensure that the door or doors or other
principal means of access into the adult entertainment establishment by the
public are kept unlocked and available so that anyone coming into the adult
entertainment establishment from the street or other public place may enter
therein without hindrance or delay during the hours of business of an adult
entertainment establishment set forth in the schedule filed with the Licensing
Commissioner in accordance with subsection 3(42), or at any time at which an
attendant is in attendance at an adult entertainment establishment.
(44) No owner or operator shall permit an adult entertainment establishment to
open for business, or remain open for business, or any attendant to enter or
remain therein, or any service to be provided at the adult entertainment
establishment unless either the owner or an operator licensed in respect of
such owner's adult entertainment establishment is in attendance at all of the
times.
(45) No owner or operator shall fail to provide and maintain at all times at the adult
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entertainment parlour a first-aid kit equipped in a manner satisfactory to the
Medical Officer of Health.
(46) No owner, operator or attendant shall fail to be neat and clean in appearance,
and civil and well behaved to members of the public while engaged in their
respective trade, calling, business or occupation in an adult entertainment
establishment.
4. In addition to the sign referred to in subsection 3(33), there may be displayed flat
against the exterior portion of a wall or door of an adult entertainment establishment
one non-illuminated sign of which the facade shall not exceed 0.19 square metres in
size, and which sign shall be no more than eight centimeters in depth, which sign
may bear the following:
(a) the owner's legal name as shown on the licence;
(b) the name, if any, under which the owner carries on business as endorsed on
the licence;
(c) the address of the adult entertainment establishment, and
(d) the telephone number of the adult entertainment establishment;
but other than the foregoing there shall be no other letters, marks, paintings,
contrasting colours, symbol, logo or any other mark whatsoever on the sign.
5. No licence shall be issued unless the Licensing Commissioner is satisfied that the
applicant is of the full age of eighteen years.
6. Notwithstanding any other provision of this By-law, a maximum of two owner's
licences for adult entertainment establishments shall be issued under this By-law.
7. Adult entertainment establishments shall only be permitted to operate within the
areas described in Appendix "1" (Map A1/A2) to this Schedule, which shall form part
of this By-law, and no person shall own or operate an adult entertainment
establishment or provide services in an adult entertainment establishment outside
these areas.
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Appendix "1" (Map A1/A2) to SCHEDULE 2
Adult entertainment establishments may only be located and operated within the areas
shown as the shaded area on the attached maps A-1 and A-2, subject to compliance with
all applicable law
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SCHEDULE 3: ADULT ENTERTAINMENT VIDEO
VENDOR - CLASS A, B
1. PROHIBITIONS
(1) No person shall carry on or engage in the business of an adult entertainment video
vendor except in compliance with the provisions of the Film Classification Act.
(2) No person shall provide to the public any video that has not been approved by
the Ontario Film Review Board for sale or rental in Ontario.
(3) No owner or operator shall fail to maintain on the premises, available for
inspection by the Licensing Commissioner, any Peace Officer or Provincial
Offences Officer, during all business hours, a current and complete list of the
names and number of all videos and all adult videos provided on the premises.
(4) No owner or operator shall fail to keep the premises in a clean and sanitary
condition.
(5) No owner or operator of a Class "A" adult entertainment video vendor shall
permit any person under the age of eighteen years to enter or remain in such
premises.
(6) No owner or operator shall permit any person to work in an adult entertainment
video vendor unless such person is of the age of eighteen years or older.
(7) No owner or operator shall sell, rent, trade or exchange or permit the sale,
rental, trade or exchange, of any adult video to any person who is not at least
eighteen years of age.
(8) No owner or operator of a Class "A" adult entertainment video vendor shall fail
to post and keep posted at every entrance, and in a prominent location inside
such premises, signs sufficient to indicate clearly to any person approaching or
entering the premises, and to every person in the premises, that no person
under the age of eighteen years is permitted to enter or remain in such
premises.
(9) No owner or operator shall use or display or permit the use or display of any
exterior signs or advertisements relating to the premises or to the provision of
adult videos which are not restricted to the words "adult videos", "adult videos",
or "adult video sales, rentals or exchange".
(10) No owner or operator shall use or display or permit the use or display of any
exterior signs or advertisements relating to the premises or to the provision of
adult videos which contain or display a description or pictorial representation of
any specified body areas or any sexual activities, or which contain or refer to
the titles of any adult videos.
(11) No owner or operator shall use or display or permit the use or display of any
adult video or cover, jacket or container for an adult video, or any portion
thereof, or any other adult video printed or promotional material or visual
images in any manner so as to be visible outside of the premises.
(12) No owner or operator shall permit the viewing of adult videos on the premises
or play or preview for public view on the premises any adult video or any audio
or video portion thereof.
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(13) No owner or operator of a Class "B" adult entertainment video vendor shall fail
to store all adult videos or covers, jackets or containers for an adult video, or
any portion thereof behind a counter or similar barrier that is attended by an
employee, and display any printed or promotional material or visual images in
any manner so as to be visible from within the premises.
(14) No owner or operator of a Class "B" adult entertainment video vendor shall fail
to ensure that every person working in any adult entertainment video store
complies with all requirements of this By-law relating to the provision of adult
videos.
(15) No owner or operator of a Class "B" adult entertainment video vendor shall
permit the use of the binder or container referred to in section 2:
(a) by any person who is not at least eighteen years of age;
(b) to be used in any manner such that its contents are visible to any person
other than the person who requested the binder or container; and
(c) to be left open, displayed or exposed in any manner so as to constitute a
violation of any other provision of this By-law.
2. Notwithstanding subsection 1(11), the owner or operator of a Class "B" adult
entertainment video vendor may store covers, jackets or containers for adult videos
together with a current listing of the titles, in a binder with opaque covers or similar
opaque container stored behind a counter or similar barrier attended by an
employee, and which binder or container may be provided for review within the
premises upon request to any person who is at least eighteen years of age.
3. No licence shall be issued unless the Licensing Commissioner is satisfied that the
applicant is of the full age of eighteen years.
4. All Class "A" adult entertainment video vendors shall be restricted to the locations
and geographic areas designated in Appendix "1" (Map A1/A2) to this Schedule, and
no Class "A" adult entertainment video vendor is permitted to operate in any other
location or area or areas of the Town of Oakville.
5. No Class "A" adult entertainment video vendor licence may be granted except as
permitted in Appendix "1", or in a greater number than as specified in this Schedule.
6. Any description of an area or areas in a map in Appendix "1" shall be deemed to
define an area for the purpose of Class "A" adult entertainment video store.
7. No person shall own or operate an adult entertainment video store in the Town of
Oakville except as permitted under this By-law and pursuant to a licence issued
under this By-law.
8. No person shall own or operate a Class "A" adult entertainment video store in the
Town of Oakville except in a location or geographic area provided in Appendix "1"
(Maps A1/A2 to this Schedule, which form part of this By-law) and as permitted
under this By-law.
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9. Appendix 1 (Map A1/A2) does not apply to Class "B" adult entertainment video
vendors, which are permitted to operate in those areas of the Town of Oakville
consistent with the Zoning By-law and other applicable law.
10.Subject to this By-law, that part of the premises of the following municipal address in
actual use for the purpose of a video store which provides adult videos to the public
as of the date of enactment of this By-law is hereby defined as an area in which a
Class "A" adult entertainment video vendor is, if in compliance with all other
applicable law, permitted to locate and operate and is eligible to be licensed under
this By-law for so long as such part of such premises continues to be lawfully used
for such purposes:
a. 2544 Speers Road, Oakville
11.The total number of licences for Class "A" adult entertainment video vendors in the
Town of Oakville, which may be issued under and in accordance with this By-law,
shall be limited to two.
12.Should any area referred to in section 10 of this Schedule cease to be used for the
purposes of a Class "A" adult entertainment video vendor, any Class "A" adult
entertainment video vendors licence issued under this By-law for that location shall
be revoked and no renewal of further such licence at such location shall be issued.
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Appendix "1" (Map A1/A2) to SCHEDULE 3
Class "A" adult entertainment video vendors may only be located and operated within
the areas shown as the shaded area on the attached maps A-1 and A-2, subject to
compliance with all applicable law.
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SCHEDULE 4: ANIMALS FOR ENTERTAINMENT
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a
completed application for a licence or for renewal of a licence shall be
accompanied by a description of the proposed use and the animals being used.
2. In addition to the grounds for refusal of the By-law, no licence shall be issued:
(a) where the animal is, or is likely to be taunted, goaded, baited, provoked,
injured or distressed;
(b) where spectators or other members of the public are likely to be injured
through being trampled, gored, crushed, bitten or otherwise harmed; or
(c) where the animal is at risk of escaping or otherwise being at large.
3. No person using an animal for the purposes of entertainment shall:
(a) taunt, goad, bait, provoke, injure or distress the animal or permit it to be
taunted, goaded, baited, provoked, injured or distressed; or
(b) restrain the animal in a manner that causes pain, injury or distress.
4. Every person using an animal for the purposes of entertainment and/or
education, shall ensure that spectators and other members of the public are
protected from being trampled, gored, crushed or bitten by the animal, and
ensure that the animal is prevented from escaping or being at large.
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DELETED BY BY-LAW 2025-151
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DELETED BY BY-LAW 2025-151
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SCHEDULE 7: BODY-RUB ESTABLISHMENT - OWNER
/ OPERATOR / ATTENDANT
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for a body-rub establishment licence or for renewal of a licence shall be
accompanied by:
(a) two separate means of identification such as a birth certificate, current driver's
licence, passport, or the like, produced for inspection by the Licensing
Commissioner;
(b) proof of his or her age, if required to do so by the Licensing Commissioner;
(c) if the applicant is an owner, a list showing the names of all operators and
attendants employed by, or performing services in the body rub establishment
and all such persons intended to be employed or to perform services in the body
rub establishment;
(d) the date of birth of every partner, the name or names under which they carry on
or intend to carry on business, and the mailing address for the partnership;
(e) if the applicant is a corporation, the name, date of birth and address of every
officer, director, shareholder or other person having a beneficial interest of any
kind in the shares of the corporation;
(f) if the applicant intends to carry on business under a name or designation other
than their own name or under a name with the addition of the expression "and
Company" or some other expression indicating a plurality of members in the firm,
a declaration stating the name or designation under which the applicant intends
to carry on business, and the date when the name or designation was first used;
and
(g) if the applicant is an owner, documentation satisfactory to the Licensing
Commissioner demonstrating the applicant's right to possess or occupy the
premises used as a body rub establishment.
2. In addition to the requirements prescribed in Schedule 1 to this By-law, every
applicant for a body-rubber's licence shall:
(a) comply with the requirements set out in section 1(a) and (b) herein, and
(b) submit with the application two passport size photographs of their face, one of
which photographs shall be attached to the licence, and the other shall be filed
with the Licensing Commissioner, and upon application for a renewal of any
licence, the applicant shall furnish new photographs if required to do so by the
Licensing Commissioner.
3. No licence shall be issued unless the Licensing Commissioner is satisfied that the
applicant is of the full age of eighteen years.
4. PROHIBITIONS
(1) No owner, operator or body-rubber shall perform, offer, or solicit a body-rub in
pursuance of a trade, calling, business or occupation without a licence issued
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under this By-law.
(2) No owner shall permit any person other than a licensed operator to operate a
body-rub establishment.
(3) 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
the body-rub establishment or pursuant to the operation of a body-rub
establishment, by any person other than a licensed body-rubber or other person
licensed or authorized by or under this By-law to do so.
(4) No owner shall permit any person, other than an employee of such owner or a
person with whom the owner has contracted to operate the body-rub
establishment or to perform, offer or solicit body-rubs in the body-rub
establishment in pursuance of a trade, calling, business or occupation.
(5) No body-rubber or other person shall perform, offer, or solicit body-rubs in any
body-rub establishment unless the owner of the body-rub establishment and the
operator is duly licensed as owner or operator respectively under this By-law.
(6) No operator not being the owner shall operate a body-rub establishment unless
the owner of the body-rub establishment is duly licensed as owner under this By
law.
(7) No body-rubber shall perform any body-rubs or other services in a body-rub
establishment unless their licence is posted in compliance with section 4,
subsection (58) hereof and unless they have notified the Licensing Commissioner
that they are performing services in such body-rub establishments.
(8) No owner or operator shall permit any premises or part thereof used as a body-
rub establishment to be used as a dwelling or for sleeping purposes.
(9) No owner or operator shall permit any food or beverage to be prepared,
consumed, kept for sale, sold, bought, given or offered free of charge in any body-
rub establishment, other than a vending machine which dispenses beverages,
and preparation of food for the use and consumption by persons employed by or
under contract of services to an owner or operator in a room used exclusively for
such purposes.
(10) No owner or operator shall permit the premises to be constructed or equipped so
as to hinder or prevent the enforcement of this By-law.
(11) No owner, operator or body-rubber shall perform or provide, or permit the
performing or providing of any service(s) in any body-rub establishment which is
constructed or equipped in contravention of subsection 4(10) herein.
(12) No person 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.
(13) No person shall use or permit a washroom, toilet, sink or basin used for domestic
purposes to be used in connection with a body-rub establishment.
(14) No owner or operator shall permit any services to be given, performed, provided
or received in any body-rub establishment in breach of any of the regulations
contained in this By-law.
(15) No owner or operator shall advertise a body-rub establishment, or publish
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anything or erect, post or maintain any sign, notice or any other publication or
device, relating to or drawing attention to such body-rub establishment by any
means or in any form whatsoever, except as specifically permitted in this By-law.
(16) No owner or operator shall permit or suffer any person to advertise any body-rub
establishment to publish, erect or maintain any sign, notice, publication or device
relating to or drawing attention to such body-rub establishment, except as
specifically permitted in this By-law.
(17) No owner or operator shall solicit, employ or allow any runner, sandwich-board
man, bill or gift distributor or other person to advertise services offered in or by a
body-rub establishment, or to assist or act in concert with soliciting any person to
use the service or services of any kind offered in or by a body-rub establishment
on any public highway, lane, street, sidewalk, park or other public place.
(18) No owner, operator or body-rubber shall use, or permit to be used, any telephone
for the purpose of advertising or soliciting any person to use the service or
services provided in a body-rub establishment.
(19) No person shall use, or permit to be used any sign, notice, placard, printing,
picture or any other advertising or identifying device or thing whatsoever relating
to any body-rub establishment or services offered therein, other than the signs
permitted under subsection 4(63), placed on or near any body-rub establishment,
or in a body-rub establishment in such a position or place as to be capable of
being seen by a person outside the body-rub establishment.
(20) No owner, operator or body-rubber shall charge, demand, ask for or require, or
permit to be charged, demanded, asked for or required for any services offered,
performed or solicited in, upon or at a body-rub establishment any amount other
than set out in a list filed with the Licensing Commissioner, or amendments
thereto also filed with the Licensing Commissioner.
(21) No owner, operator or body-rubber shall offer, perform or solicit a body-rub in,
upon, at or in respect of a body-rub establishment, or perform any services
thereon other than body-rubs and other services permitted by endorsement by
the Licensing Commissioner on the licence of the owner of the body-rub
establishment all as described on a list filed with the Licensing Commissioner or
amendments thereto also filed with the Licensing Commissioner.
(22) No owner or operator shall permit any trade, calling or business or occupation for
which a licence is required, to be carried on in a body-rub establishment unless a
description of the trade, calling, business or occupation is endorsed on the
owner's licence as provided in this By-law and unless the owner and every other
person required to be so licensed has paid the licence fee.
(23) No person shall act as an owner, operator or body-rubber of a body-rub
establishment or provide any services in a body-rub establishment unless the
person is at least the age of eighteen years.
(24) No person shall provide a body-rub or any other services in a body-rub
establishment to a person who is or who appears to be under the age of eighteen
years.
(25) No owner or operator shall permit any person actually or apparently under the age
of eighteen to enter or remain in any body-rub establishment.
(26) No owner, operator, body-rubber or other person shall provide a body-rub or any
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other service or services in a body-rub establishment 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.
(27) No owner or operator shall permit any person who is or appears to be intoxicated
by alcohol or a drug to enter or remain in any body-rub establishment.
(28) No owner or operator shall open a body-rub establishment for business or permit
the same to be or to remain open for business or permit any body-rub or services
of any kind to be performed, offered or solicited in the body-rub establishment 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.
(29) No person shall permit a body-rub establishment to be open for business at any time
other than the times set forth in a schedule filed with the Licensing Commissioner.
(30) No owner, operator or body-rubber shall take, consume or have a liquor or a drug,
in their possession in a body-rub establishment, nor shall the use of liquor or a
drug be apparent while in a body-rub establishment. For the purpose of this
subsection the word "drug" shall be deemed to exclude patent medicines and
prescription drugs required for medicinal purposes.
(31) No owner, operator or body-rubber shall permit to be used any camera or other
photographic or recording device in, upon or at a body-rub establishment by any
person other than a Peace Officer, Medical Officer of Health or a Public Health
Inspector acting under his or her direction or a By-law Enforcement Officer.
(32) No owner, operator or body-rubber shall perform or permit to be performed a
body-rub in any body-rub establishment by or upon any person whom he has
reasonable cause to suspect has been exposed to or is suffering from any
communicable disease including any communicable skin disease.
(33) No body-rubber shall hold, receive or handle any cash or currency used or
received in connection with the business of the body-rub establishment or receive
or hold any customer's money or belongings, and every owner or operator shall,
during the period in which the body-rub establishment is open for business,
provide a person for such purposes, which person shall not, during the period in
which he is so employed, provide any body-rubs.
(34) No owner or operator shall permit in any body-rub establishment the offering,
selling, giving, performing or soliciting of any services other than body-rubs or the
selling, giving, trading or offering of any goods unless the owner of the body-rub
establishment notifies the Licensing Commissioner of their intention to so permit
such trade, calling, business or occupation and provide a description of such
services or goods to be endorsed on such owner's licence.
(35) No owner shall fail to notify the Licensing Commissioner before engaging any
operator to operate the body rub establishment.
(36) No owner shall fail to provide 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 establishment or between owner or
operator and a body-rubber performing services in a body-rub establishment, shall
be filed by the owner with the Licensing Commissioner and the original of any
such document shall be made available for inspection at any time by the Town's
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By-law Enforcement Officers upon request, and shall be retained by the owner or
operator for a period of six months after its termination.
(37) No owner or operator shall fail to keep proper records and books of account of all
business transacted in, by or in respect of the body-rub establishment, which
books shall give the amount of gross receipts for all services provided in the body-
rub establishment, including all receipts for admission fees and other charges and
receipts in respect of entry to or services provided in such body-rub
establishment, the name and licence number of every body-rubber providing
services in the body-rub establishment 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 establishment or body-
rub business.
(38) No owner or operator shall fail to keep such books and records as are required by
the subsection 4(37) for at least one year after the information required by that
subsection is entered therein, and the Licensing Commissioner, the Chief of
Police or any person duly authorized by either, shall at all times have access to
such records.
(39) No owner or operator shall fail to give to the customer an itemized bill for such
services, listing the services to be provided and the price to be paid for each.
(40) No owner or operator shall fail to provide a customer a written receipt for the full
amount paid.
(41) No owner or operator shall fail to retain and keep a copy of each bill and receipt
for at least one year after the services referred to therein are performed, and the
Licensing Commissioner or any person authorized shall at all times have access
to such copies.
(42) No person shall provide or permit the provision of a body-rub or other service in
any washroom or in any room containing a toilet.
(43) No owner or operator shall fail to ensure:
(a) the premises are provided with adequate light and ventilation;
(b) the premises and all fixtures and equipment therein are regularly washed and
kept in sanitary condition;
(c) the premises are equipped with an effective utility sink; and
(d) adequate toilet and washroom accommodation are provided, and there are
separate such rooms for males and females.
(44) No owner or operator shall fail to ensure washrooms are equipped with:
(a) an adequate supply of hot and cold water;
(b) an adequate supply of liquid soap in a suitable container or dispenser;
(c) hot air dryers or individual clean towels for the use of each person using the
washing facilities; and
(d) a suitable receptacle for used towels and waste material.
(45) No owner or operator shall fail to ensure in all shower-bath room(s) and in all
sauna-bath room(s), if any:
(a) the floors shall be disinfected at least once a week with a disinfecting solution
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approved by the Medical Officer of Health;
(b) all surfaces and attached accessories of the bath or shower enclosure must be
self-draining;
(c) all showers must have removable cleanable drain covers; and
(d) floor surfaces both within and without the enclosures shall be of a non-slip
type.
(46) No owner or operator shall fail to ensure the following where a bathtub(s) or
whirlpool bath(s) are provided on the premises:
(a) a grab-bar or other convenient support shall be provided unless the walls of
the tub or whirlpool bath enclosure at 61 cm. In height or higher;
(b) the bottom of the tub or whirlpool bath enclosure shall be of a non-slip type;
and
(c) the water serving all the bathtubs, showers and hand basins used by patrons
shall not have a temperature exceeding 48.8oC and shall be controlled by a
device that regulates the temperature, and patrons shall not have access to
this device.
(47) No owner or operator shall fail to ensure that a total volume air change of ten
times per hour is provided for all tub, shower or bath rooms.
(48) No owner or operator shall permit common foot baths to be provided on the
premises.
(49) No owner or operator shall permit duckboards or cocoa matting to be used in the
shower, bath or steam room, or provide anything other than liquid or powdered
soap in the shower room.
(50) No owner or operator shall fail to post a notice advising all patrons that a
cleansing shower or bath must be taken by every person immediately prior to any
body-rub being performed upon the person.
(51) No owner or operator shall fail to provide a fresh, clean, individual pair of paper
slippers to every person immediately after taking a shower.
(52) No owner or operator shall fail to ensure that every table, mat or other surface
upon which persons lie or sit while being given or provided with a body-rub are
clean and in good repair, have a top surface of impervious material, and are
covered with a fresh, clean individual paper or cloth sheet.
(53) No owner or operator shall fail to ensure that every sheet or towel shall,
immediately after being used by any person, is deposited in a receptacle reserved
for that purpose and shall not be utilized again for any purpose before being
freshly laundered.
(54) No owner or operator shall fail to ensure that 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 are cleansed and disinfected after each individual use with a
disinfecting solution satisfactory to the Medical Officer of Health.
(55) No owner or operator shall fail to ensure that every body-rub or other service
performed in a body-rub establishment is given in an individual room or cubicle.
(56) No owner or operator shall fail to provide a service by which any customer may
deposit valuables or other property for safekeeping and any customer who
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presents his property for safekeeping shall be given a receipt specifying the
nature of the property so entrusted.
(57) No owner or operator shall fail to take due care of all property delivered or
entrusted to him for safekeeping and return it to its owner upon demand. Every
body-rubber immediately upon the termination of the services of performing a
body-rub shall carefully search the body-rub establishment for any property lost or
left therein, and all property or money left in the body-rub establishment shall be
forthwith delivered over to the person owning the same, or if the owner cannot at
once be found, then to the nearest police station, with all pertinent information.
(58) No owner or operator shall, during the term of employment of a body-rubber or of
a body-rubber's services, fail to retain a body-rubber's licence and/or fail to post
the licence in a conspicuous place in the body-rub establishment and keep it
posted throughout the term.
(59) No owner or operator shall fail to notify the Licensing Commissioner in writing that
a body-rubber has been employed. When such employment ceases it shall be the
joint responsibility of the owner or operator and the body-rubber to notify the
Licensing Commissioner in writing to such effect within forty-eight hours of the
said cessation.
(60) No owner or operator shall fail to exhibit over the street door or in the lower front
window of the premises in respect to which such person's licence is issued or in
some other conspicuous place on the exterior of such premises satisfactory to the
Licensing Commissioner a sign issued by the Licensing Commissioner bearing
the words, "LICENSED BODY-RUB ESTABLISHMENT NO.", (inserting after "No."
the owner's licence number), "Comments regarding this business may be made to
the Licensing Commissioner, The Corporation of the Town of Oakville".
(61) No owner or operator shall permit more than one sign other than as expressly
permitted in this By-law. Where more than one body-rub establishment occupies
the same building or structure there may be one such sign as permitted by section
5 in respect of each body-rub establishment subject to the condition that where
one owner owns more than one body-rub establishment situated in one building or
structure, such owner is permitted to have only one such sign, which sign may
refer to all of the body-rub establishments.
(62) No owner or operator shall fail to file with the Licensing Commissioner a copy of a
list of all services offered, performed or solicited in, upon or at the body-rub
establishment, and of the respective fees charged for such services, and, if such
charge be based on a computation of time, the hourly rate shall be shown on such
list.
(63) No owner or operator shall fail to post a copy of the list of services and fees
referred to in subsection 4(62) in a conspicuous place in the interior of the body-
rub establishment plainly visible to any person upon entering the premises.
(64) No owner, operator or body-rubber providing services at a body-rub establishment
or in attendance at a body-rub establishment in pursuance of a trade, calling,
business or occupation carried on by the owner or operator of such body-rub
establishment, shall fail to, upon request by any Peace Officer, By-law
Enforcement Officer, Medical Officer of Health, or Public Health Inspector acting
under the direction of the Medical Officer of Health, provide their name and
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residential address, and if licensed under this By-law, produce the licence.
(65) No owner or operator shall fail to file with the Licensing Commissioner a schedule
showing the hours of business to be observed in the carrying on of the operation
of the body-rub establishment which schedule shall state specifically the opening
and closing times of the body-rub establishment for each day of the week.
(66) No owner or operator shall fail to ensure that the door or doors or other principal
means of access into the body-rub establishment by the public are kept unlocked
and available so that anyone coming into the body-rub establishment from the
street or other public place may enter therein without hindrance or delay during
the hours of business of the body-rub establishment set forth in the schedule filed
with the Licensing Commissioner in accordance with subsection 4(65), or at any
time at which a body-rub establishment is open for business or at any time at
which a body-rubber is in attendance at a body-rub establishment.
(67) No owner or operator shall permit a body-rub establishment to be open for
business, or remain open for business, or any attendant to enter or remain
therein, or any service to be provided at such body-rub establishment where the
owner or operator licensed in respect of such body-rub establishment is not in
attendance.
(68) No owner or operator shall fail to provide and maintain at all times at the body-rub
establishment a first-aid kit equipped in a manner satisfactory to the Medical
Officer of Health.
(69) No owner, operator, or body-rubber shall fail to be neat and clean in appearance
and civil and well behaved to members of the public.
(70) No owner, operator or body-rubber shall fail to comply with the provisions of this
By-law as applicable to an owner, operator or body-rubber whether or not licensed
under this By-law.
(71) No owner or operator shall fail to take every reasonable precaution to ensure that
persons who have been exposed to communicable diseases and persons who are
suffering from such diseases are not permitted to enter into or remain within the
body-rub establishment.
(72) No owner or operator shall fail to submit to such medical examination and tests as
the Medical Officer of Health may require.
(73) In addition to the sign referred to in subsection 4(60), there may be displayed flat
against the exterior portion of a wall or door of a body-rub establishment one non-
illuminated sign of which the façade shall not exceed 0.19 square metres in size,
and which sign shall be no more than 7.6 centimeters in depth, which sign may
bear the following:
(a) the owner's legal name as shown on the licence;
(b) the name, if any, under which the owner carries on business as endorsed on
the licence in respect of the body-rub establishment;
(c) the address of the body-rub establishment; and
(d) the telephone number of the body-rub establishment but other than the
foregoing there shall be no other letters, marks, paintings, contrasting colours,
symbol, logo or any other mark whatsoever on the said sign.
(74) Notwithstanding any other provision of this By-law, a maximum of two owner's
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licences for body-rub establishments shall be issued under this By-law.
(75) Body-rub establishments shall only be permitted to operate within the areas
described in Appendix "1" (Maps A1/A2 to this Schedule, which is attached to and
shall form part of this By-law.
(76) No person shall operate a body-rub establishment outside the area described in
Appendix "1" to this Schedule.
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Appendix "1" (Maps A1/A2) to SCHEDULE 7
Body-rub establishments may only be located and operated within the areas shown as
the shaded area on the attached maps A-1 and A-2, subject to compliance with all
applicable law.
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SCHEDULE 9: BUILDING RENOVATOR
1. Every Licensee shall:
(a) have printed or otherwise displayed on both sides of all vehicles owned, leased
or used by the Building Renovator in the course of business, in figures/letters no
less than 4 inches in height and in contrasting colours to the colour of the
vehicle, the Building Renovator's name;
(b) have printed or otherwise impressed on all business stationery, forms, invoices,
statements and advertising materials, the Building Renovator's name, business
address and telephone number;
(c) provide a written contract which shall be signed by the Licensee before
commencing any work, such contract to contain:
i. the name and address of the Licensee and the person for whom the
work is being done;
ii. the address where the work is to be done;
iii. a description of the work to be completed and associated costs;
iv. warranties or guaranties, if any; and
v. the estimated date of completion;
(d) give a copy of the contract referred to in subsection 1(c) to the person for whom
the work is being done;
(e) where required, obtain all necessary permits prior to the commencement of any
work, and, procure all requisite inspections from the Town;
(f) only employ persons to do building work where such person is qualified, or
undertaking relevant training;
(g) not permit the injury or destruction of a Town tree or other tree which is protected
by Town by-laws or subject to tree protection measures as a condition of a Town
permit;
(h) not permit the operation of any construction equipment between the hours of
7:00 p.m. and 7:00 a.m. of the following day, or on Sundays or statutory holidays,
that is clearly audible at a point of reception, without first obtaining a Noise
Exemption permit, other than emergency work required to address an immediate
safety concern;
(i) ensure that their vehicles do not obstruct the municipal right of way;
(j) ensure that all debris, mud, garbage or stone tracked onto the municipal right of
way is removed at the end of each day;
(k) maintain all equipment in a safe condition and in good working order;
(l) ensure properties function properly with respect to drainage;
(m)ensure that they do not create any flooding/ponding on neighbouring property, or
a municipal right of way;
(n) ensure that they do not create any public safety concerns, including impacts on
existing pool enclosures on abutting properties; and
(o) not undertake any activity that negatively impacts the use and function of a
municipal right of way; and
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(p) replace any damaged sod, ground cover, pavement, property of the Town within
48 hours of the completion of the building renovation.
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SCHEDULE 10: DONATION BOX OPERATOR
1. In addition to the licensing requirements set out in Schedule 1 of this By-law, a
completed Application for a Licence shall be accompanied by:
a)
a list of the number and locations of all of Donation Boxes owned by the
Licensee within the Town;
b)
a Canada Revenue Agency Registered Charity number, if applicable;
c)
a site plan of the location of the Donation Box, showing where on the
property the Donation Box is to be located; and
d)
written permission from the Owner of every property consenting to the
placement of a Donation Box on their property.
2. Every Donation Box Operator shall:
a)
ensure the Donation Box is located wholly on private property;
b)
ensure the Donation Box is not placed in any location where it may create
a visual obstruction for vehicular or pedestrian traffic;
c)
ensure the Donation Box does not obstruct access to egress from any
property;
d)
ensure the Donation Box does not obstruct a fire route or a fire hydrant;
e)
purchase a validation sticker from the Clerk's department, bearing the
identification number, the location for which the Donation Box has been
approved, and the expiry date of the Licence;
f)
affix and maintain the validation sticker on a conspicuous part of the
Licence for each Donation Box during the period for which the Licence is
valid;
g)
only operate a Donation Box at the location for which a validation sticker
has been issued;
h)
display the name of the Donation Box Operator in a conspicuous place on
the Donation Box, in lettering of a contrasting colour and no smaller than
100 millimetres x 75 millimeters;
i)
if not a Registered Charity, display the words: "NOT a Registered Charity"
immediately below the name of the operator, in lettering no smaller than
80 millimeters x 60 millimeters, and of a contrasting colour;
j)
correctly display on the Donation Box wording approved by the Licensing
Commissioner regarding the Donation Box Operator's charitable status;
k)
if any of the items collected by means of the Donation Box is used to
benefit a charity, Community Organization or religious institution,
immediately below the message described in (e), in lettering no smaller
than 80 millimetres x 60 millimeters, and of a contrasting colour, state the
amount, as a percentage of sales, dedicated to charities, Community
Organizations or religious institutions;
l)
not permit the pickup of donation items 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
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m)
ensure the Donation Box is not located within any property zoned
residential; and,
n)
ensure that the Donation Box is clean, in good repair and is free of graffiti
and shall ensure that all areas immediately adjacent to the Donation Box
are clean and free of litter and other debris.
3. No Person shall allow a Donation Box without a validation sticker to remain on their
property.
4. No Donation Box shall be located on any property in the Town if the Donation Box or
the Donation Box Operator fails to comply with the terms of this schedule.
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SCHEDULE 12: DRIVING SCHOOL - OPERATOR /
VEHICLE
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for a licence or for renewal of a licence shall be accompanied by:
(a) proof that the vehicle to be used as a driving school vehicle is no more than 7
years old, the age of the vehicle being calculated from July 31st of the original
model year;
(b) a Criminal Reference Check for all driving instructors;
(c) an Ontario driver's record issued by the Ministry of Transportation that is no
more than 30 days old for all driving instructors;
(d) a valid Driver Instructor's permit issued by the Province of Ontario; and
(e) a valid Driving School permit issued by the Province of Ontario.
2. No driving school operator shall:
(a) cause or permit instruction to be given to any student driver who fails to
produce a current Ontario Driver's Licence, a current Ontario motor vehicle
operators' licence, or, in the case of a student driver who has not resided in
Ontario for more than 30 days, a subsisting driver's licence in accordance
with the laws of the province;
(b) employ any instructor to teach persons to operate a motor vehicle who is not
the holder of an Ontario Driving School Instructor licence pursuant to the
Highway Traffic Act and a holder of a Town of Oakville licence;
(c) operate or permit the operation of a driving school vehicle when the municipal
plate is not affixed firmly to the rear of the vehicle and in a conspicuous place;
(d) operate or permit the operation of the driving school vehicle if the vehicle
cannot be identified as a driving school vehicle as provided for in subsection
(c) above;
(e) operate or permit the operation of any vehicle in the business of operating a
driving school without first licensing the vehicle in accordance with this By
law;
(f) advertise driving school service or instruction unless such person operates
from the address advertised;
(g) use or permit to be used in their business any vehicle bearing any number,
sign, card or plate other than those described in this By-law;
(h) use driving school instructors not employed or under contract by the Driving
School; or
(i) permit the use of a driving school vehicle for DriveTest exams without clearly
identifying the vehicle as "on DriveTest exam".
3. No driving school operator or driving instructor shall conduct or permit driving
instruction:
(a) in any Town park;
(b) in the form of maneuvers performed by students for the purposes of parallel
parking, grade parking, parking, standing, and three point turns upon any
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street abutting and within 152.40 metres (500 feet) of an elementary school or
a children's playground;
(c) anywhere in the Town of Oakville within the prohibited areas as prescribed in
the By-law, and identified in the map included in Appendix 1 to this Schedule
which form part of this By-law. However, a driving school operator or
instructor may enter the prohibited areas to pick-up a student but the
instructor must remain as the driver until the driving school vehicle is outside
of the prohibited areas; or
(d) in a vehicle not properly licensed and identified as prescribed in the By-law.
4. Every driving school operator and driving instructor shall:
(a) advise the Licensing Commissioner of all vehicles to be used to give driving
instruction, identifying such vehicles by the make, model, vehicle identification
number and attached Ontario vehicle plate number;
(b) at the request of the Licensing Commissioner submit any such driving school
vehicles for inspection at such time and place as may be designated;
(c) ensure that any vehicle used at any time for the purpose of teaching persons
to operate a motor vehicle is equipped with a sign or signs of such nature,
size and location on the vehicle as to be readily legible at a distance of at
least 15 metres both from the front and the rear of the vehicle, which shall
bear the business name, address and telephone number of the operator or
business, and which sign must not obstruct the clear view of the plate referred
to in subsection 3(d) above;
(d) ensure that any motor vehicle which is used at any time for the purpose of
teaching persons to operate a motor vehicle has affixed firmly to the rear of
the vehicle, the metal plate issued by the Town;
(e) provide proof of ownership of the vehicle to be used as a driving school
vehicle, and in the case of a leased vehicle, a copy of the leasing agreement;
and
(f) submit a current vehicle safety certificate and appropriate insurance.
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Appendix #1 - Schedule 12
By-law Number: 2015-075
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SCHEDULE 14: EXHIBITION
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for a licence or for renewal of a licence shall be accompanied by:
(a) a list of things to be exhibited, the merry-go-rounds, ferris wheels, and other
like contrivances to be set up, and the various games, shows and stalls to be
set up or held.
2. No Licensee shall:
(a) permit any illegal gambling, illegal drinking, prostitution, obscene show or the
short-changing or cheating of the public;
(b) permit any person while operating an amusement device to smoke or hold
lighted tobacco or use an electronic cigarette; or (By-law 2021-028)
(c) operate an exhibition before 8:00 a.m. and after 11:00 p.m.
3. Every Licensee shall reduce the volume of noise or other amplified sound after 9:00
p.m. to a level unlikely to disturb those inhabiting neighbouring properties.
4. Within a licensed premises or around the immediate outside area of the licensed
premises, no Licensee shall cause or permit any:
(a) person to loiter, create a disturbance or cause undue noise; or
(b) activity contrary to the protection of public health and safety.
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SCHEDULE 15: FIREWORKS VENDOR
1. No Licensee shall sell Consumer Fireworks unless:
(a) the Consumer Fireworks are displayed for sale in lots that do not exceed 25
kilograms each in gross weight;
(b) the Consumer Fireworks displayed in any shop window are mock samples only
and shall not contain explosive composition;
(c) the Consumer Fireworks are displayed for sale in approved packaging, glass
case or other suitable receptacle away from flammable goods and not exposed
to the sun or direct heat;
(d) the manufacturer's brochure outlining the safe handling of fireworks is made
available to purchasers;
(e) a 2A-10BC rated fire extinguisher shall be available immediately beside the
fireworks in any fireworks storage and/or display; and
(f) the building in which the Consumer Fireworks are displayed has two separate
exits from the floor area leading directly outdoors.
2. No Licensee shall:
(a) set up display boards using live fireworks, even if the fuses are removed;
(b) sell Consumer Fireworks or possess Consumer Fireworks for sale, except on
Victoria Day, Canada Day, New Year's Day and any religious or cultural
celebrations where fireworks are used to celebrate the religious or cultural event,
and each of the 7-days immediately preceding;
(c) permit any employee to sell Consumer Fireworks without first instructing such
employee in the regulations of this By-law and ensuring that such employee
complies with these regulations;
(d) sell fireworks from a Mobile Sales Premise;
(e) sell fireworks to any person under the age of 18 years;
(f) sell, possess or discharge anything other than Consumer Fireworks; or
(g) possess any Display Fireworks or Pyrotechnic Special Effects except pursuant to
a permit and the conditions thereof, issued by the Fire Chief and in accordance
with the criteria issued from time to time by Natural Resources Canada.
3. Every Licensee shall ensure that any unsold Consumer Fireworks shall be returned
to the manufacturer within 7 days immediately following Victoria Day, Canada Day,
New Year's Day and any religious or cultural celebrations where fireworks are used
to celebrate the religious or cultural event.
4. Every Licensee shall notify the Licensing Commissioner of their intention to sell
Consumer Fireworks at least 10 days prior to any religious or cultural celebrations
where fireworks are used to celebrate the religious or cultural event.
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SCHEDULE 16: FOOD SHOP/RESTAURANT & FOOD
SHOP/ANCILLARY USE & SPECIAL EVENT FOOD
SHOP
1. Every Licensee shall:
(a) post the Certificate of Inspection of food safety (Food Safety Summary Inspection
Report) in a conspicuous place clearly visible to the public, at or near the
entrance;
(b) comply with the Region of Halton's requirements for mandatory food handler
certification and public disclosure of food safety inspection reports; and
(c) comply with the standards for food temperatures, food handling, sanitation,
dishwashing and personal hygiene practices required by the Health Protection
and Promotion Act, R.S.O. 1990, c.H.7 ("Health Protection and Promotion Act").
2. Every Food Shop/Ancillary use where tobacco products, specialty tobacco products
and/or vapour products are also sold shall comply with the provisions of Schedule
35: Tobacco/Electronic Cigarette Retailer of this By-law. (By-law 2021-028)
3. A Food Shop/Restaurant participating in a special event, whether on private property
or public property, shall comply with all licensing requirements for a Food
Shop/Restaurant as prescribed in this By-law except as may be specifically
otherwise authorized by the Licensing Commissioner.
4. A Food Shop/Restaurant at a special event not already licensed in accordance with
this By-law is required to be either licensed as a Special Event Food Shop or
operating in accordance with a Town permit or contract.
5. All Food Shops already licensed in accordance with this By-law are not required to
be licensed as a Special Event Food Shop in order to operate at a special event, but
may be subject to additional Town permits or contracts.
6. Within a licensed premises or around the immediate outside area of the licensed
premises, no Licensee shall cause or permit any:
(a) person to loiter, create a disturbance or cause undue noise; or
(b) activity contrary to the protection of public health and safety.
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SCHEDULE 18: LANDSCAPING/PROPERTY
MAINTENANCE AND LAWN CARE CONTRACTOR
1. Every Licensee shall:
(a) have printed or otherwise displayed on both sides of all vehicles owned, leased
or used on a regular basis in the course of business, in figures no less than 4
inches in height, the landscaping or property maintenance company's name;
(b) have printed or otherwise impressed on all business stationery, forms, invoices,
statements and advertising materials, the landscaping or property maintenance
company's name, business address and telephone number;
(c) provide a written contract which shall be signed by the Licensee before
commencing any work, such contract to contain:
i. the name and address of the Licensee and the person for whom the
work is being done;
ii. the address where the work is to be done;
iii. a description of the work to be completed and associated costs;
iv. warranties or guaranties, if any; and
v. the estimated date of completion;
(d) give a copy of the contract referred to in subsection 1(c) of this Schedule to the
person for whom the work is being done;
(e) where required, obtain all necessary permits prior to the commencement of any
work, and, procure all requisite inspections from the Town;
(f) only employ persons to do landscaping or property maintenance work where
such person is qualified, or undertaking relevant training;
(g) not permit the injury or destruction of a Town tree or other tree which is
protected by Town by-laws or subject to tree protection measures as a condition
of a Town permit;
(h) not permit the operation of any domestic tool between the hours of 9:00 p.m.
and 7:00 a.m. of the following day (9:00 a.m. on Sundays), that is clearly audible
at a point of reception; other than snow removal or emergency work required to
address an immediate safety concern;
(i) not permit the operation of any construction equipment between the hours of
7:00 p.m. and 7:00 a.m. of the following day, or on Sundays or statutory
holidays, that is clearly audible at a point of reception, without first obtaining a
Noise Exemption permit; other than emergency work required to address an
immediate safety concern;
(j) ensure that their vehicles do not obstruct the municipal right of way;
(k) ensure that all debris, mud, garbage or stone tracked onto a municipal right of
way is removed at the end of each day;
(l) maintain all equipment in a safe condition and in good working order;
(m) ensure properties function properly with respect to drainage;
(n) ensure that they do not create any flooding/ponding on neighbouring property,
or a municipal right of way;
(o) ensure that they do not create any public safety concerns, including impacts on
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existing pool enclosures on abutting properties;
(p) not deposit snow or ice in such a manner as to obstruct access to any fire
hydrant;
(q) not deposit snow or ice so as to interfere with the safe passage of vehicles or
pedestrians;
(r) not undertake any activity that negatively impacts the use and function of a
municipal right of way; and
(s) replace any damaged sod, ground cover, pavement, property of the Town within
48 hours of the completion of the landscaping or property maintenance work;
(t) not permit the emission of dust or airborne particulate matter to substantially
reduce the enjoyment of another property. (By-law No. 2018-005)
2. Notwithstanding the prohibitions set out in Section 2 of this By-law, work performed
by a person providing neighbourly assistance, is not required to be licensed under
this By-law.
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SCHEDULE 19: LIMOUSINE - OWNER / DRIVER /
SPECIAL OCCASION
1. LIMOUSINE DRIVER LICENSING PREREQUISITES
In addition to all requirements prescribed in Schedule 1 to this By-law, every applicant
for a Limousine driver's licence shall provide:
(1) proof of being at least 19 years of age;
(2) upon request of the Licensing Commissioner, a certificate of a medical
practitioner that the driver is fit to perform a Limousine driver's functions; and
(3) a photograph that presents a true likeness of their current appearance and
provide a new photograph when requested to do so.
2. LIMOUSINE DRIVER DUTIES
Every licensed Limousine driver shall:
(1) on each shift before driving, examine the vehicle for mechanical or other defects
and similarly examine it at the end of each shift and report forthwith to the owner
any mechanical defects;
(2) keep a record of all trips made by the Limousine during a shift and shall turn the
record over to the Limousine owner at the end of the shift. The trip sheet shall
contain the following information:
(a) the Limousine number;
(b) the Limousine driver's name and licence number; and
(c) the date, time and location of the beginning and termination of each trip;
(3) take due care of all property delivered or entrusted to the driver for safekeeping
or conveyance, and, immediately upon the termination of any hiring engagement,
examine the interior of the Limousine for any property left therein, and all
property left in the Limousine shall be forthwith delivered over to the person
owning the property or, if that is not practicable, to the office of the Licensing
Commissioner or the nearest police station with all the information in the driver's
possession regarding the property and report their actions to the Limousine
owner;
(4) report forthwith to the Limousine owner any accident or collision in which the
driver or a passenger was involved or connected with the operation of the
Limousine;
(5) give a passenger a receipt showing the Limousine driver's and owner's name
and licence number;
(6) at the expiration of each shift, return the Limousine to the Limousine owner and
shall not at any time abandon the Limousine or permit any other person to drive
the vehicle;
(7) keep the interior and exterior of the Limousine clean, dry and in good repair; and
(8) drive the most direct route to the point of destination unless the passenger
designates another route.
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3. LIMOUSINE DRIVER PROHIBITIONS
(1) No Licensee shall:
(a) permit a Limousine to be used for any unlawful purpose;
(b) permit a Limousine to be used for any other commercial purpose;
(c) exhibit on or about the Limousine any number, sign or card except one
authorized under this By-law;
(d) provide Limousine service or solicit fares on other than a pre-arranged basis;
(e) drive any Limousine unless the owner of such vehicle is licensed as a
Limousine owner under this By-law;
(f) induce any person to employ a Limousine by knowingly misleading or
deceiving such person as to the location or distance of any place or by
making any false representation to such person;
(g) transport in a Limousine a greater number of persons than the manufacturer's
rated seating capacity of the vehicle;
(h) take, consume or have in their possession any liquor or other intoxicant while
in charge of a Limousine, except in accordance with the provisions of the
Liquor Control Act;
(i) drive a Limousine with luggage or other material therein obstructing the
driver's view;
(j) at any time when the vehicle is not employed, prevent or hinder the Licensing
Commissioner from entering the same for the purpose of inspecting such vehicle;
(k) recover or receive any fare or charge other than as set out in the tariff filed
with the Licensing Commissioner by the Limousine owner; or
(l) charge, publish or advertise any fare less than the minimum fare set out in
this Schedule.
4. LIMOUSINE OWNER LICENSING PREREQUISITES
In addition to all requirements prescribed in Schedule 1 to this By-law, every applicant
for a Limousine owner's licence shall:
(1) provide the tariff of all rates, including hourly rates, to be charged for limousine
service; and
(2) submit a Class "A", Class "B" or Class "C" limousine to be licensed for inspection
and approval by the Licensing Commissioner.
5. LIMOUSINE OWNER DUTIES
Every licensed Limousine owner shall:
(1) ensure that the Limousine:
(a) has a plate issued by the Licensing Commissioner bearing an identifying
number securely affixed on the vehicle in a position approved by the
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Licensing Commissioner;
(b) has a tariff card setting out in full the tariff rates filed with the Licensing
Commissioner, such tariff card to be kept in a laminated container and shown
to any passenger upon request;
(c) is equipped with an extra tire, wheel and jack ready for use for that vehicle;
(d) has a heater in good working order;
(e) in the case of a Class "A" and Class "B" Limousine, has an air conditioner in
good working order;
(f) as to its interior is:
i.
clean;
ii.
dry; and
iii.
in good repair;
(g) as to its exterior is:
i.
clean;
ii.
in good repair;
iii.
free from rust and body damage; and
iv.
presentable;
(2) notify the Licensing Commissioner in writing of any change in the tariff rates,
including hourly rates, to be charged for Limousine service, such notice to be
given at least seventy-two (72) hours prior to the effective date of such change;
(3) maintain an up-to-date list of all drivers operating Limousine for that owner,
which list shall show the name, address, telephone number and current licence
number of each driver which shall be furnished to the Licensing Commissioner
upon request;
(4) promptly repair any mechanical defect in the Limousine observed by the owner
or reported to the owner by a licensed driver or the Licensing Commissioner;
(5) submit the Limousine for inspection at any time required by the Licensing
Commissioner;
(6) keep a trip record for each vehicle licensed under this by-law showing the date,
time, origin and destination of each trip, the name of the driver and the licence
number of the vehicle;
(7) retain all trip records for at least six months and make them available for
inspection at the request of the Licensing Commissioner or any police officer;
(8) if a corporation or partnership, advise the Licensing Commissioner of any
change of ownership and provide the Licensing Commissioner with a list of new
shareholders or partners within seventy-two (72) hours;
(9) ensure that every person employed by that owner as a driver of a Limousine
shall, during working hours, be properly attired in an appropriate uniform
approved by the Licensing Commissioner, be neat and clean in person,
maintain a courteous attitude and provide such reasonable assistance to all
passengers and baggage as is required at no additional fee;
(10) provide, in compliance with applicable regulations set out in the applicable
Town's Zoning By-law, for off-street parking for every limousine operated by the
owner; and
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(11) notify the licensing Commissioner when the effect of any collision or other
occurrence will prevent a limousine under this By-law from being operated for
more than 5 days.
6. LIMOUSINE OWNER PROHIBITIONS
No Licensee shall:
(1) permit a Limousine to be used for any unlawful purpose whatsoever;
(2) permit a Limousine to be used for any other commercial purpose;
(3) permit the installation of any radio dispatching or receiving facilities in a Limousine;
(4) permit any person not licensed as a Limousine driver under this By-law to drive
a Limousine;
(5) employ or allow any person, who, in the opinion of the Licensing Commissioner
has become, for any reason unfit, to perform the functions of a Limousine
driver;
(6) permit or require a Limousine driver licensed under this By-law to work when
that person's ability to perform his or her duties is impaired by fatigue, illness or
other reason;
(7) take, consume or have in their possession any liquor or other intoxicant while in
charge of a Limousine, except in accordance with the provisions of the Liquor
Control Act;
(8) maintain any facilities connected or affiliated with any taxicab broker or other
similar brokerage;
(9) not being a limited company, permit any other person to manage the operation
of a Limousine or Limousine business or enter into any arrangement or
agreement, written or oral, with any other person for such reasons;
(10) being the owner of a limited company, permit any person other than an
employee of such owner to manage the operation of its Limousine or Limousine
business;
(11) exhibit in, on or about the Limousine any number, sign, emblem, decal,
ornament or advertising except with a content and in a form and location
approved by the Licensing Commissioner;
(12) use any number plate or duplicate number plate other than one issued under
this By-law;
(13) provide Limousine service or solicit fares on other than a pre-arranged basis;
(14) induce any person to employ a Limousine by knowingly misleading or deceiving
such person as to the location or distance of any place or by making any false
representation to such person;
(15) permit a Limousine to be driven with luggage or other material therein
obstructing the driver's view;
(16) at any time when the vehicle is not employed, prevent or hinder the Licensing
Commissioner from entering the same for the purpose of inspecting such
vehicle;
(17) recover or receive any fare or charge from any person other than as set out in
the tariff filed with the Licensing Commissioner by the Limousine owner;
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(18) charge, publish or advertise any fare less than the minimum fare set out in this
schedule; or
(19) purport to assign his/her license so as to detract or derogate from his/her
obligations under this By-law.
7. MINIMUM FARE
(1) The fare which shall be charged for any trip within the Town or to any point
beyond its limits in a Class "A" or Class "C" Limousine shall be a minimum two
(2) hour duration at a charge of not less than fifty dollars ($50) for the first hour
and thirty dollars ($30.00) for each additional hour.
(2) The fare which shall be charged for any trip within the Town or to any point
beyond its limits in a Class "B" Limousine shall be a minimum of sixty dollars
($60.00) for the first hour or any part thereof and thirty dollars ($30.00) for each
additional hour.
8. AGE OF VEHICLE
(1) No vehicle more than six (6) model years old may be licensed as a Class "B"
limousine.
(2) No vehicle more than ten (10) model years old may be licensed as a Class "A"
limousine.
(3) Any vehicle used as a Class "B" limousine shall be no more than two (2) model
years old at the time when it is first used as a Class "B" limousine, and for the
purpose of this By-law, the age of said motor vehicle shall be calculated from
July 31st of the model year of said motor vehicle.
9. RIGHT TO INSPECT
The Licensing Commissioner may require at any time that an owner or driver submit their
vehicle for inspection at an appointed place.
10.
GROUNDS FOR REFUSAL TO ISSUE OR TO RENEW A LICENCE
Subject to section 4 of the By-law, an applicant is entitled to be licensed and a Licensee
is entitled to have a licence issued or renewed except where:
(1) at any time within three years prior to the application, the applicant or Licensee
has been prohibited from driving due to a conviction under any applicable statute
of Ontario or has ever been convicted of an offence under the Criminal Code, the
Narcotics Control Act or the Food and Drug Act provided the conviction directly
affects the applicant's or Licensee's ability to competently and responsibly carry
on the business of driving a limousine or owning or operating a limousine or
compromises the Licensee's ability to comply with the provisions of this By-law;
(2) the Licensee does not meet or ceases to meet the licensing criteria specified in
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this By-law;
(3) the issuance of the licence or renewal of the licence would contrary to the public
interest;
(4) in the opinion of the Licensing Commissioner the conduct, past or present, of the
applicant affords reasonable cause to believe that the applicant will not carry on
or engage in the business in accordance with the law or with honesty or integrity;
(5) the applicant or Licensee's Ontario drivers record shows 10 demerit points;
(6) the applicant or Licensee is carrying on activities that are or will be, if the
applicant is licensed, in contravention of this By-law; or
(7) the applicant or Licensee fails to successfully complete any testing, training,
educational or awareness program required by the Licensing Commissioner.
11. REFUND OF FEE ON REFUSAL TO ISSUE OR TO RENEW A
LICENCE
When an application for a licence or for or for a renewal is refused, the licence fee paid
shall be fully refunded
12. REFUND OF FEE ON REVOCATION OF A LICENCE
(1) When a licence is revoked, the Licensee is entitled to apply to the Appeals
Committee for a refund of that part of the licence fee that is proportionate to the
unexpired part of the term for which the licence was issued, unless the licence
was revoked at the Licensee's request.
(2) The provisions of subsection (1) do not apply when the unexpired part of the term
is less than four (4) months.
13. RETURN OF THE LICENCE AFTER CANCELLATION,
REVOCATION OR SUSPENSION
(1) When a licence has been cancelled, revoked or suspended, the holder of the
licence shall return the licence and, if applicable, the owner's plate or licence
sticker to the Licensing Section within one (1) business day of service of written
notice of the decision of the Appeals Committee.
(2) The Licensing Commissioner may enter upon the business premises or into the
vehicle(s) of the Licensee for the purpose of receiving, taking or removing the
licence, owner's plate or licence sticker.
(3) When a person has had their licence cancelled, revoked or suspended under this
By-law, they shall not refuse to deliver up the licence, the owner's plate or licence
sticker, nor shall they in any way obstruct or prevent the Licensing Commissioner
from obtaining the licence, the owner's plate or licence sticker in accordance with
subsection (1) and (2).
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14.
SPECIAL OCCASION LIMOUSINE
In addition to all requirements prescribed in Schedule 1 to this By-law, every applicant
for a Special Occasion Limousine licence shall provide:
(1) A contract or itinerary for clients as to the type of occasion and duration, date and
time of service for the limousine.
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SCHEDULE 20: LODGING HOUSE
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for a licence or for renewal of a licence shall be accompanied by:
(a) a statutory declaration prepared for the Chief Building Official or their
designate stating that the building or structure is in compliance with the
requirements of the Building Code Act with respect to any new additions or
alterations requiring a building permit, and
(b) a letter from the Electrical Safety Authority stating that the condition of the
electrical wiring and electrical fixtures in such building are satisfactory and
setting out any recommendations in connection therewith.
2. Every Licensee shall:
(a) ensure that a register is kept in the lodging house detailing the name and
previous residence of every lodger who occupies the premises and shall ensure
such register is open to inspection at any reasonable time, by any person
authorized to enforce this By-law;
(b) ensure that the licence issued pursuant to this By-law is posted in a prominent
position inside the building near the front entrance to the lodging house;
(c) not permit a person to occupy for sleeping purposes any cellar or any space
used as a lobby, hallway, closet, bathroom, laundry, stairway or kitchen;
(d) not permit a room to be used for sleeping purposes unless it contains a window
which opens directly to the outside air, having an area equal to or not less that
5% of the floor area of the room and having an unobstructed openable ventilation
area to the outdoors of 1.5 square feet per occupant unless such room is
otherwise ventilated by mechanical means in accordance with the regulations
passed thereunder;
(e) not permit any cooking appliance of any kind in any room used for sleeping
purposes;
(f) not permit any heating appliances to be installed or maintained in any room used
for sleeping purposes, other than those specifically designed and authorized by
the regulations made under the Building Code Act;
(g) maintain the lodging house in a clean, safe and sanitary condition in accordance
with the Town's Property Standards By-law, and without limiting the generality of
the foregoing, shall:
i.
keep the cellar or basement of the building well drained and ventilated;
ii.
keep the lodging house weatherproof and free from dampness;
iii.
keep all heating equipment in good repair;
iv.
have the heating equipment and chimneys inspected at least once every
12 months between June and September by a qualified H.V.A.C.
Contractor to ensure that they are safe and in good repair;
v.
remove rubbish, garbage, ashes, any flammable material and other debris
and ensure that the premises are kept free of vermin insects and other
pests; and
vi.
not permit the use of any bathroom for laundry purposes;
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(h) provide a secure area in the lodging house for the personal belongings of the
resident if requested;
(i) ensure the Chief Building Official, the Medical Officer of Health, the Chief of
Police and the Licensing Commissioner, be permitted to enter any lodging house
at any reasonable time for the purpose of inspecting the premises and no person
shall prevent or obstruct any such officials from so entering the premises; and
(j) ensure an emergency safety plan is posted in a conspicuous manner by the main
entry door.
3. The requirement to obtain a lodging house licence does not apply to:
(a) a student residence owned or operated by a university or college;
(b) any program requiring a Custodian Declaration issued by the Department of
Citizenship and Immigration Canada or any other situation where a host family is
required to act as legal custodian for the minor child in their care;
(c) a dwelling unit within an apartment building;
(d) housing provided by a registered charity;
(e) a group home;
(f) a medical treatment facility;
(g) a nursing home;
(h) a home for the aged; or
(i) a lodging house with a maximum of two lodging units, where the owner of the
property resides within as their principal residence.
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SCHEDULE 21: MOBILE SIGN LESSOR
1. No Licensee shall:
(a) locate or permit the location of a mobile sign on or overhanging public
property unless a permit to do so has been obtained under the Town's Sign
By-law;
(b) locate or permit the location of a mobile sign that does not:
i. have the name and phone number of the applicant clearly affixed to
the mobile sign;
ii. use only electrical cords with Canadian Standards Association (CSA)
approval or Ontario Hydro Electrical Safety Code approval;
iii. bear a certification mark indicating that the sign complies with either
the Canadian Standards Association (CSA) or the Ontario Hydro
Electrical Safety Code; and
iv. come equipped with a timer or dimmer control to turn off or increase
the lighting intensity;
(c) locate or permit the location of a mobile sign which exceeds 1.8 meters high
by 3.6 metres wide (6 feet high x 12 feet wide);
(d) locate or permit the location of a mobile sign where it could obstruct the view
of any driver of a motor vehicle or obstruct the visibility of any traffic sign or
devices or where it could interfere with vehicular traffic so that it could
endanger any person;
(e) locate or permit the location of a mobile sign within 15 metres (50 feet) of
another mobile sign;
(f) fail to turn off or decrease the light from an illuminated mobile sign between
the hours of 10:00 p.m. and 8:00 a.m. if requested to do so by the Licensing
Commissioner or Chief Building Official;
(g) locate or permit the location of a mobile sign within 10 metres (32 feet) of the
intersection of two streets;
(h) locate or permit the location of a mobile sign for which a permit has not been
issued; or
(i) locate or permit the location of a mobile sign that does not comply with the
rules and regulations set out in the Town's Sign By-law.
2. Licensees may purchase a mobile sign permit for resale only to a person satisfying
all requirements for mobile sign permit issuance under the Town's Sign By-law.
3. Applications for mobile signs shall be processed in order of receipt, and in the event
that applications are submitted simultaneously and insufficient opportunities for the
display of a mobile sign exist, priority shall be established by means of a draw
conducted by the Designated Official.
4. Mobile Sign permits purchased by Licensees shall be valid only for the year in which
they are purchased.
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SCHEDULE 22: MOTOR VEHICLE FACILITY
1. Every Licensee shall report to the Halton Regional Police Services when a motor
vehicle is left on the premises for a period of twenty-four hours, if the motor vehicle
has been left without permission of the Licensee, or when the Licensee may have
reason to believe that the motor vehicle is either stolen or abandoned.
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SCHEDULE 23: NIGHTCLUB
1. Every Licensee shall:
(a) ensure that queues formed for the purpose of gaining entrance to such place,
have a uniformed attendant present whenever any such queue is formed, for
the purpose of regulating such queue and prohibiting undue obstruction or
encumbering of any exit door, walkway, driveway, street or highway by such
queue; and
(b) provide suitable storage facilities and garbage containers for refuse from the
operation of the business.
2. Within a licensed premises or around the immediate outside area of the licensed
premises, no Licensee shall cause or permit any:
(a) person to loiter, create a disturbance or cause undue noise; or
(b) activity contrary to the protection of public health and safety.
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SCHEDULE 24: OUTDOOR MARKET
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for a licence or for renewal of a licence shall be accompanied by:
(a) a layout plan including where vendors will be located;
(b) a parking management plan to the satisfaction of the Director of Planning
Services, or designate;
(c) written proof that the owner and occupant of the property on which the
outdoor market is to be held consents, and
(d) a description of the goods, wares or merchandise to be offered for sale.
2. Every Licensee shall:
(a) maintain a record of the vendors, their names, addresses and phone
numbers, together with a description as to the type of items to be sold;
(b) ensure that the licensed premises are in a clean and sanitary condition and
do not present a fire hazard or other hazard to public health or safety;
(c) reduce the volume of music or other amplified sound after 5:00 p.m. to a level
unlikely to disturb those inhabiting neighbouring properties;
(d) not operate outside the hours of 7 a.m. to 7 p.m. if adjacent to a residential
property;
(e) ensure orderly conduct is maintained at the licensed premises;
(f) ensure that queues which form for the purpose of gaining entrance to the
licensed premises do not obstruct the municipal right of way;
(g) provide access to a minimum of one accessible washroom facility (or portable
toilet and handwash station) or washroom facilities in an amount to the
satisfaction of the Region of Halton; and
(h) ensure that refuse or litter containers are made available, kept clean and
sanitary at all times, and collected prior to closing the market each day.
3. Notwithstanding the prohibitions set out in Section 2 of this By-law, an outdoor
market that is operating pursuant to an approved minor variance that predates this
By-law, is not required to be licensed under this By-law.
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SCHEDULE 25: PERSONAL SERVICES
ESTABLISHMENT
1. Every Licensee shall:
(a) ensure that the premises are kept in a clean and sanitary condition;
(b) ensure that all persons performing any treatments on the premises are
performed or offered by persons duly qualified, licensed or registered to do so
under the laws of the Province of Ontario;
(c) ensure that all equipment used on the premises is sterilized and/or disinfected;
(d) comply with the Infection Prevention and Control in Personal Services Settings
Protocol published by the Minister of Health and Long-term Care and the
requirements of the Medical Officer of Health;
(e) provide a continuous supply of hot water;
(f) ensure proper lighting and ventilation;
(g) ensure all furnishings are kept in a sanitary condition;
(h) ensure proper sanitary conveniences for all employees; and
(i) ensure that tanning equipment is not used on a person under 18 years of age.
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SCHEDULE 26: PET SHOP/KENNEL
1. No Licensee shall:
(1) obtain a licence for a pet shop or kennel having been convicted under the
Criminal Code for animal abuse;
(2) confine incompatible genus or species of animals in the same cages;
(3) sell or offer for sale any animal before its normal weaning age (8 weeks for cats
and dogs);
(4) sell or offer for sale chicks, ducklings or other live animals as a bonus to a sale or
part of a sale of any other goods, products, or services;
(5) keep for sale, sell, or offer for sale:
(a) any primate;
(b) any North American animal, excluding fish, that is wild by nature, unless it has
been legally bred and raised in captivity;
(c) any exotic animal, that has not been legally imported into Canada; or
(d) any wildlife species that is listed at risk in the Species at Risk Act, S.C. 2002,
c.29, or any animal listed as rare, endangered or threatened by the
Convention on International Trade in Endangered Species (CITES).
(6) sell or offer for sale any animal that is known to be sick or diseased; or
(7) sell or offer for sale any animal that exhibits any signs of the following as verified
by a veterinarian:
(a) infectious disease;
(b) nutritional deficiencies;
(c) severe parasitism sufficient to influence the general heath of the animal; or
(d) fractures or congenital deformities affecting the general health of the animal.
REGULATIONS - PET SHOPS
2. Every owner of a pet shop shall comply with and ensure compliance with the
following requirements in the operation of a pet shop:
(1) the pet shop shall be maintained at all times in a sanitary, well-ventilated, clean
condition;
(2) every animal shall be kept in sanitary, well-bedded, well-lighted, clean quarters,
kept at a temperature appropriate for the health requirements of the type of
species of animal housed therein;
(3) all cages, tanks, containers or other enclosures in which animals are housed on
the premises shall be located in such a way as to provide maximum comfort to
satisfy the known and established needs for the particular species so housed and
shall be provided with the safeguards to prevent extreme environmental changes
and to prevent undue, direct, physical contact with such animals by the general
public;
(4) where the quarters used for the housing of any animal form part of or are
physically attached to a building used for human habitation or to which the public
have access, such quarters shall have a concrete or other impermeable floor with
a drain opening hooked to a sanitary system, and such floor shall be thoroughly
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cleaned and washed with water at least once each day, or more often than once
if necessary to keep the said floor clean;
(5) every cage or other container used for the keeping or housing of any animal shall:
(a) be of adequate size to permit any such animal to stand normally to its full
height, to turn around, and to lie down in a fully extended position;
(b) in the case of all other cages or containers, have a floor of either solid or wire
mesh construction where the wire mesh is covered with a thick plastic cover
for ease of cleaning and is comfortable for the animals, provided that:
i.
all spaces in wire mesh shall be smaller than the pads of the foot of any
animal confined therein;
ii.
any such wire mesh shall be of a thickness and design adequate to
prevent injury to any such animal; and
iii.
such floor shall be of sufficient strength to support the weight of any such
animal.
(6) water, in an amount sufficient for the well-being of each animal kept in the pet
shop, shall be provided daily;
(7) animals shall be fed periodically each day in accordance with the particular food
requirements for each type or species of animal kept in the said pet shop;
(8) light in the premises shall be appropriate for the species kept there: and.
(9) only obtain a dog and or cat for the purpose of selling or offering for sale from the
following:
(a) municipal animal shelter;
(b) registered humane society; or
(c) Animal Rescue Group.
REGULATIONS - KENNELS
3. No kennel shall be constructed or used except in accordance with the following
regulations:
(1) The construction of any kennel shall conform to the requirements of the Ontario
Building Code;
(2) No kennel shall be used unless the following standards are met:
(a) DOGS
i.
Dogs shall be housed in individual enclosures unless the pet owner
expresses a specific wish for their pets to be housed in an open setting;
ii.
Each enclosure shall be well ventilated and large enough to permit any
dog enclosed therein to move freely and, in particular, shall be maintained
at a minimum of 15 degrees Celsius;
iii.
Floors of the individual enclosure shall be of dense concrete or similar
material and shall be adequately sloped to drains;
iv.
Walls of the individual enclosure shall be non-porous, watertight and
easily cleaned; and
v.
Outside exercise facilities shall be provided which shall be fenced in such
a manner as to keep the dogs securely enclosed and to mitigate noise.
Each dog shall be provided access to such facilities at least twice in every
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24-hour period. Dogs must be supervised by sufficient personnel at all
times to mitigate noise. The outdoor exercise facility shall be cleared of all
waste between use by each animal. No dog shall be placed in such facility
during extreme weather conditions.
(b) CATS
i.
Cats shall be housed in individual enclosures except in the case of kittens
less than 3 months of age with or without the mother cat unless the pet
owner expresses a specific wish for their pets to be housed together;
ii.
Each enclosure for an adult cat shall be well ventilated and not be less
than 0.67 metres x 0.67 metres x 0.67 metres and, in the case of a cat
with a litter, not less than 0.75 metres x 0.75 metres x 0.75 metres high;
iii.
Inside temperature shall be maintained at a minimum of 15 degrees
Celsius; and
iv.
Cages or enclosures shall be constructed of a non-porous, watertight
material with a smooth finish that can be easily cleaned.
PET SHOP AND KENNEL PERSONNEL
4. Every pet shop or kennel owner shall:
(1)
permit only persons to operate or manage a pet shop or kennel who are skilled
and conscientious in animal care, and who have knowledge of the
characteristics, care and handling of the species entrusted to their care;
(2)
permit only persons to attend to the care, feeding and cleaning of animals in
the pet shop or kennel, who have been adequately trained, commensurate
with their responsibilities, by the pet shop or kennel owner, and who
demonstrate that they are able to discharge their responsibilities in a positive,
caring manner;
(3)
maintain a training manual approved by the Executive Director of the Oakville
and District Humane Society;
(4)
provide for a sufficient number of employees to provide for the care of animals
and maintenance of facilities during normal business hours, on weekends and
holidays; and
(5)
keep posted in a conspicuous place for employees, instructions issued to all
personnel for the cleaning, care and feeding of animals.
HOUSING AND FACILITIES
5. Every pet shop owner shall:
(1)
keep all animals in a constant and comfortable environment to ensure their
health and well-being;
(2)
at all times provide litter pans containing clean litter for kittens and cats;
(3)
keep birds in cages having removable metal or impermeable bottoms of
adequate size;
(4)
permit no more than 20 dogs to be housed in the Pet Shop without the prior
filing and maintenance of a care program approved by a veterinarian, with the
municipality;
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(5)
permit no more than 15 budgerigars or canaries or 20 finches to be housed in
a single cage with minimum dimensions of 60 cm. (24") x 35cm. (14") x 40cm.
(16");
(6)
not increase bird density, or the number of birds housed in cages of other
dimensions, unless each cage is of sufficient size and dimensions to enable
each bird confined therein an amount of perch to allow it to fully extend its
wings in every direction, while all birds are perched;
(7)
locate all animals in the pet shop in such a way as to provide for their
maximum comfort, and to satisfy their known and established needs,
protection from extreme environmental changes, and prevention of undue
direct or disturbing physical contact with the general public;
(8)
make available within the pet shop, an exercise area and separate suitable
area that permits segregation of animals which require special observation or
attention;
(9)
clean and wash the floors of cage bottoms thoroughly, at least once each day,
or more often as may be necessary to comply with sections 5(1) and 3(2);
(10) clean and sanitize runs and exercise areas by periodic removal of soiled
materials, application or suitable disinfectants and replacement with clean
surface materials;
(11) provide for an ongoing effective program for the control of vermin infestation;
and
(12) provide a rapid communication system in case of an emergency, with names
and telephone numbers of contact persons prominently posted readily
accessible to security and fire personnel.
VETERINARY CARE
6. Every pet shop owner shall establish and maintain programs of disease prevention
and control including:
(1)
appointing and retaining the services of a consulting veterinarian with the
name and telephone number posted in a conspicuous place easily accessible
to all personnel;
(2)
prompt examination and treatment or humane euthanasia of any animals
suspected of being sick or injured, by a veterinarian or other qualified person
under the supervision of a veterinarian;
(3)
segregation of any apparently sick or injured animal to a separate area; and
(4)
proper and lawful disposal of deceased animals forthwith.
7. RECORDS
(1)
The pet shop owner shall keep a legible register of all animal sales and
purchases in good condition for a period of 12 months after each transaction,
and the register shall be made immediately available for inspection by the
Officer upon verbal request.
(2)
The animal register shall contain the following information entered at the time
the animals come into the possession of the pet shop owner:
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(a) name and address of supplier or other person from whom the animals were
purchased or otherwise obtained;
(b) date of purchase or other acquisition;
(c) in the case of dogs and cats, description of each individual animal;
(d) medical record if animal has been isolated; and
(e) with animals other than dogs and cats, a description of each shipment.
(3)
The pet shop owner shall provide to each person who purchases an animal
from the pet shop with a receipt containing the following information:
(a) name and address of the vendor and purchaser;
(b) date of sale;
(c) description of the animal, including sex, age, colour or placing of markings,
if any; and
(d) description of breed or cross-breed when the animal is a dog or cat.
(4) When the animal purchased is a dog or cat, the purchaser shall also be given:
(a) a valid certificate of health and vaccination from a veterinarian since the
arrival of the cat or dog at the store; and
(b) an application for a municipal licence and a copy of all related animal by
laws.
8. No licence shall be required for the following operations:
(1) an animal shelter operated by or on behalf of a public authority;
(2) a veterinary hospital or clinic;
(3) any facility in which animals are placed for care pursuant to the Pounds Act,
R.S.O. 1990, c. P.17, or
(4) any training facility operated by Dog Guides Canada.
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DELETED BY BY-LAW 2025-151
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SCHEDULE 28: POOL INSTALLATION CONTRACTOR
1. Every Licensee shall:
(a) have printed or otherwise displayed on both sides of all vehicles owned, leased
or used on a regular basis in the course of business, in figures no less than 4
inches in height, the Pool Installation Contractor's name;
(b) have printed or otherwise impressed on all business stationery, forms, invoices,
statements and advertising materials, the Pool Installation Contractor's name,
business address and telephone number;
(c) provide a written contract which shall be signed by the Licensee before
commencing any work, such contract to contain:
i. the name and address of the Licensee and the person for whom the
work is being done;
ii. the address where the work is to be done;
iii. a description of the work to be completed and associated costs;
iv. warranties or guaranties, if any; and
v. the estimated date of completion;
(d) give a copy of the contract referred to in subsection 1(c) of this Schedule to the
person for whom the work is being done;
(e) where required, obtain all necessary permits prior to the commencement of any
work, and, procure all requisite inspections from the Town;
(f) only employ persons to do pool installation work where such person is qualified,
or undertaking relevant training;
(g) not permit the injury or destruction of a Town tree or other tree which is
protected by Town by-laws or subject to tree protection measures as a condition
of a Town permit;
(h) not permit the operation of any construction equipment between the hours of
7:00 p.m. and 7:00 a.m. of the following day, or on Sundays or statutory
holidays, that is clearly audible at a point of reception, without first obtaining a
Noise Exemption permit; other than emergency work required to address an
immediate safety concern;
(i) ensure that their vehicles do not obstruct the municipal right of way;
(j) ensure that all debris, mud, garbage or stone tracked onto the municipal right of
way is removed at the end of each day;
(k) maintain all equipment in a safe condition and in good working order;
(l) ensure properties function properly with respect to drainage;
(m) ensure that they do not create any flooding/ponding on neighbouring property,
or a municipal right of way;
(n) ensure that they do not create any public safety concerns, including impacts on
existing pool enclosures on abutting properties;
(o) not undertake any activity that negatively impacts the use and function of a
municipal right of way; and
(p) replace any damaged sod, ground cover, pavement, property of the Town within
48 hours of the completion of the pool installation.
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SCHEDULE 29: PUBLIC HALL
1. No Licensee shall permit the licensed premises to be open to the public unless:
(a) a person over the age of 18 years is present to supervise the use of the
licensed premises; and
(b) the licensed premises are in a clean and sanitary condition and do not
present a fire hazard or other hazard to public health or safety.
2. Within a licensed premises or around the immediate outside area of the licensed
premises, no Licensee shall cause or permit any:
(a) person to loiter, create a disturbance or cause undue noise; or
(b) activity contrary to the protection of public health and safety.
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SCHEDULE 30: REFRESHMENT VEHICLE - OWNER /
OPERATOR / SPECIAL EVENT
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for a licence or for renewal of a licence shall be accompanied by:
(a) proof that the Class "A" refreshment vehicle is licensed as a commercial
vehicle as defined under the Highway Traffic Act.
2. No Licensee shall:
(a) sell or permit the selling of food from a refreshment vehicle in Town parks or
upon other Town property except pursuant to a contract or permit issued by
the Town of Oakville and subject to any conditions attached thereto;
(b) sell or permit the selling of food from a refreshment vehicle unless:
i. the food has been prepared, assembled and wrapped in accordance
with the Health Protection and Promotion Act;
ii. the persons engaged in the handling and selling of food comply with
the Health Protection and Promotion Act;
iii. the Region of Halton's requirements for mandatory food handler
certification and public disclosure of food safety inspection reports
have been complied with; and
iv. all persons operating the refreshment vehicle are licensed by the Town
to do so under the provisions prescribed in this By-law.
(c) operate or permit the operation of a refreshment vehicle unless the vehicle is
the vehicle for which the licence and municipal plate has been issued under
this By-law;
(d) operate or permit the operation of a refreshment vehicle unless the municipal
plate is affixed to the rear of the vehicle;
(e) stop for the sale of refreshments within 30 metres (100 feet) of the entrance
or exit to any school grounds, public park, dock, wharf, or intersection;
(f) operate or permit the operation of a refreshment vehicle which is not neat and
clean in appearance;
(g) stop on a roadway for the sale of refreshments unless necessary to service a
construction site or work crew, and in no case shall the duration of such stop
exceed 10 minutes;
(h) sell refreshments from a vehicle drawn by an animal;
(i) operate a refreshment vehicle prior to 8:00 a.m. or after 9:00 p.m. unless
otherwise specified in a Town permit;
(j) operate a refreshment vehicle without permission from the property owner;
and
(k) operate at more than four Special Events at any one location within a
calendar year.
3. Every Licensee shall ensure that:
(a) the vehicle from which the refreshments are sold shall be of a type approved
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by the Licensing Commissioner;
(b) the body, doors and windows of such vehicle shall be of sufficiently sound
construction to provide reasonable protection against dust, dirt, flies and other
injurious matter or things;
(c) the floor of the vehicle shall be of a suitable hard, impervious material, free
from holes, cracks or crevices and the surface shall be readily washable and
kept clean and in good condition;
(d) at the request of the Licensing Commissioner, present such vehicle for
inspection at such time and place as may be designated;
(e) every person selling or handling refreshments shall wear clean clothes, be
clean and neat in appearance and have clean hands;
(f) the municipal plate issued in respect of the licence for each vehicle is
securely affixed to the rear of the vehicle and in a conspicuous place;
(g) no amplification of any sound, ringing of any bells or chimes, or other means
of recognition shall be used;
(h) no person is served any refreshment while standing on a traveled portion of
any highway;
(i) every refreshment vehicle is operated in a way that is safe for the public;
(j) prior to departing from any stop made for the sale of refreshments or other
products that all wrappers or other related refuse are disposed of in a proper
garbage/recycling container;
(k) a motorized refreshment vehicle is equipped with a broad band back-up
warning device; and
(l) that each refreshment vehicle is equipped with refuse or litter containers
which shall be used for the disposal of all refuse and be kept clean and
sanitary at all times and emptied at least once per day.
4. Refreshment Vehicles Class "A" and "B" may operate on private property for special
events and in all zones except residential.
5. Every owner of a Class "C" refreshment vehicle shall ensure that the operator of
such vehicle is physically capable of handling the same under all conditions.
6. All refreshment vehicles and operators not already licensed in accordance with this
By-law are required to be either licensed as a Special Event Refreshment
Vehicle/Operator or operating in accordance with a Town permit or contract.
7. Refreshment vehicles and operators already licensed in accordance with this By-law
are not required to be licensed as a Special Event Refreshment Vehicle/Operator in
order to operate at a special event, but may be subject to additional Town permits or
contracts.
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SCHEDULE 31: SALVAGE YARD (By-law 2023-167)
1. A licence shall not be issued if at any time within three years prior to the application
the person has been convicted of any offence relating to fraudulent practices, stolen
goods, theft or burglary under the Criminal Code.
2. No Licensee of a salvage yard shall: (By-law 2019-061)
(a) receive from any person or persons any article or goods which the Licensee
knows or has good reason to believe have been stolen or otherwise secured by
the person in possession of same by means of a commission of an offence under
the Criminal Code;
(b) purchase, take in exchange, or receive directly or indirectly, any goods, article or
thing from any minor person who appears to be under the age of 18 years
without written authority from a parent or guardian of such minor;
(c) purchase, take in exchange, or receive directly or indirectly, any goods, article or
thing from any person who appears to be under the influence of drugs or alcohol;
or
(d) alter, repair, dispose of or in any way part with, any goods or articles purchased
or taken in exchange until after the expiration of seven days and during these
seven days the goods or articles so obtained shall remain on the licensed
premises and shall be kept in a location separate from goods previously
purchased and shall be subject to inspection at any time during business hours
by the Halton Regional Police Services.
3. Every Licensee of a salvage yard shall: (By-law 2019-061)
(a) maintain a register in a form approved by the Licensing Commissioner in which
shall be entered in the English language:
i.
a description of all goods taken in exchange or otherwise obtained,
including make, serial number and model number;
ii.
the date on which the goods were taken in; and
iii.
the name, address and telephone number of the person from whom the
goods were obtained and if the goods were delivered or conveyed by a
motor vehicle, the licence number of that vehicle;
(b) notify the Halton Regional Police Services of the name and description of any
goods or articles of any kind which they have cause to believe may have been
stolen or unlawfully obtained;
(c) open the register to inspection at all times during regular business hours by the
Licensing Commissioner and the Halton Regional Police Services, who may
remove the register from the premises for the purposes of photocopying or for
use in any court or other proceedings; and
(d) ensure that the salvage yard be enclosed with a fence meeting the following
standards:
i.
the fence shall be of tight board construction so as to completely screen
the salvage yard from view;
ii.
the fence shall be at least 1.83 metres (6 feet) in height with posts at least
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2.44 metres (8 feet) apart and sunk into the ground a least 1.07 metres
(3.5 feet) into the ground;
iii.
the fence shall be painted a uniform colour and be kept in good condition;
iv.
the fence shall be equipped with a proper gate or entrance of the same
material which shall be kept locked when the business is not in actual
operation;
v.
no salvage goods shall, under any circumstances, be stored or kept on the
property outside the fence;
vi.
no material for sale be kept on the property outside the fence and no part
of the property outside the fence shall be used for any purpose except
employee and customer parking or for landscaped area; and
vii.
no scrap and waste material and salvage goods inside the fence be piled
to a height greater than the height of the fence.
4. Deleted by By-law 2023-167
5. Deleted by By-law 2023-167
6. Deleted by By-law 2023-167
7. Deleted by By-law 2023-167
8. Deleted by By-law 2023-167
9. Deleted by By-law 2023-167
10. Deleted by By-law 2023-167
11. Deleted by By-law 2023-167
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SCHEDULE 31.1
Deleted by By-law 2023-167
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SCHEDULE 31.2
Deleted by By-law 2023-167
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SCHEDULE 32: SECOND-HAND GOODS SHOP
1. A licence shall not be issued if at any time within five years prior to the application
the person has been convicted of any offence relating to fraudulent practices, stolen
goods, theft or burglary under the Criminal Code.
2. No Licensee shall:
(a) receive from any person or persons any article or goods which the Licensee
knows or has good reason to believe have been stolen or otherwise secured
by the person in possession of same by means of a commission of an offence
under the Criminal Code;
(b) purchase, take in exchange, or receive directly or indirectly, any goods, article
or thing from any minor person who appears to be under the age of 18 years
without written authority from a parent or guardian;
(c) purchase, take in exchange, or receive directly or indirectly, any goods, article
or thing from any person who appears to be under the influence of drugs or
alcohol; or
(d) alter, repair, dispose of or in any way part with, any goods or articles
purchased or taken in exchange until after the expiration of seven days and
during these seven days the goods or articles so obtained shall remain on the
licensed premises and shall be kept in a location separate from goods
previously purchased and shall be subject to inspection at any time during
business hours by the Halton Regional Police Services. Where the goods
come exclusively from donations to charitable organizations, a Licensee is not
required to comply with this provision.
3. Every Licensee shall:
(a) maintain a register in a form approved by the Licensing Commissioner in
which shall be entered in the English language:
i. a description of all goods taken in exchange or otherwise obtained,
including make, serial number and model number;
ii. the date on which the goods were taken in; and
iii. the name, address and telephone number of the person from whom
the goods were obtained and if the goods were delivered or conveyed
by a motor vehicle, the licence number of that motor vehicle;
(b) notify the Halton Regional Police Services of the name and description of any
goods or articles of any kind which they have cause to believe may have
been stolen or unlawfully obtained; and
(c) open the register to inspection at all times during regular business hours by
the Licensing Commissioner or the Halton Regional Police Services, who may
remove the register from the premises for the purposes of photocopying or for
use in any court or other proceedings.
4. Notwithstanding the prohibitions set out in Section 2 of this By-law, a person dealing
in second hand goods for charitable, religious or not-for-profit purposes only, or a
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person dealing in second hand books or antique furniture only, is not required to be
licensed under this By-law.
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SCHEDULE 33: SPECIAL SALE
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for a licence or for renewal of a licence shall be accompanied by:
(a) a detailed list of the goods, wares or merchandise to be offered for sale,
including the cost price to the owner thereof and approximate retail value;
(b) the names and addresses of persons from whom goods were purchased and
the date or dates of purchase;
(c) particulars of the ownership of the goods to be sold if they are not owned by the
applicant and the relationship, if any between the owner and the applicant;
(d) particulars of any damages or other deterioration caused to the goods by fire,
smoke, water or any other means; and
(e) particulars of the information to be included in any sign, pamphlet, flyer or other
advertisement to be displayed, distributed, announced or published by any
means before or during the sale, purporting to indicate the reason for such sale.
2. A licence for a special sale issued under this By-law shall expire thirty (30) days after
the date of issue, provided that a Licensee shall be entitled to apply for and receive
a licence for one additional thirty (30) day period to permit the further sale of any
goods, wares or merchandise unless it is revoked in accordance with this By-law.
3. Every Licensee shall:
(a) produce such books, records or other documents or information as the
Licensing Commissioner considers necessary to corroborate any of the
statements contained in the application; and
(b) ensure that all advertising material distributed or published relating to a special
sale, including each radio or television broadcast, shall contain a statement that
such sale is held pursuant to this By-law and shall state the licence number and
licence expiry date and a similar statement shall be prominently displayed on
the premises at which such sale is conducted.
4. No licence shall be extended where:
(a) an attempt is made to add to or replenish the goods described in the application
or if any attempt is made to substitute other goods, wares or merchandise;
(b) the sale is advertised or conducted in any manner other than the one described
in the application or is in any manner calculated to mislead or deceive the
public, or contrary to the provisions of this By-law; or
(c) the applicant refused to produce any books, documents, records or other
information or refuses to permit inspection of any goods or premises requested
under this By-law.
5. Notwithstanding the prohibitions set out in Section 2 of this By-law, a receiver,
trustee or liquidator under any Act such as the Bankruptcy and Insolvency Act,
R.S.C. 1985, c. B-3, or the Companies' Creditors Arrangement Act, R.S.C. 1985, c.
C-36, a court or receiver appointed by the court, a bailiff, sheriff, executor or
administrator, is not required to be licensed under this By-law.
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SCHEDULE 34: TAXICAB OWNER / BROKER / DRIVER
(By-law No. 2018-051)
1. Issuance/Renewal of Licence
(1) When an application for a licence or for a renewal of a licence is made in
accordance with the provisions of this By-law and the applicant meets all the
requirements of this By-law, the Licensing Commissioner shall:
(a) for an owner, issue an owner's plate and/or a licence sticker;
(b) for a taxicab broker, issue a brokerage licence;
(c) for the holder of a Wheelchair Accessible Plate, issue a Wheelchair
Accessible Plate and/or a licence sticker; and
(d) for a driver, issue a taxicab driver's licence;
all of which shall set out the expiry date of the licence and such terms and conditions
as may be required.
(2) A person who is the owner of more than one vehicle shall take out a separate
licence for each vehicle that is to be used as a taxicab in the Town.
(3) A person who fails to renew within 40 days of the expiry date of the licence
shall forfeit the licence and be required to reapply as a new applicant.
2. Grounds for Refusal
The Licensing Commissioner shall issue and renew licences, either conditionally or
unconditionally, to any person who meets the requirements of this By-law except
where, in addition to the grounds set out in section 4 of this By-law:
(1) at any time within three years prior to the application, the applicant or Licensee
has been prohibited from driving due to a conviction under any applicable
statute of Ontario or has ever been convicted of an offence under the Criminal
Code, the Narcotics Control Act or the Food and Drug Act provided the
conviction directly affects the applicant's or Licensee's ability to competently and
responsibly carry on the business of driving a taxicab, owning or operating a
taxicab or operating as a taxicab broker or the applicant's or Licensee's ability to
comply with the provisions of this By-law;
(2) the applicant or Licensee's Ontario Driver's record shows 10 demerit points;
(3) the applicant or Licensee is carrying on activities that are or will be, if the
applicant is licensed, in contravention of this By-law;
(4) the applicant or Licensee fails to successfully complete any training, program
required by the Licensing Commissioner; or
(5) does not provide the information required for renewal of a licence under this By-law.
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3. Issuance of New Taxicab Owner's Licences
(1) The issuance of new taxicab owner's licences shall be in accordance with the
ratio of one (1) taxicab owner's licence per 1,500 population.
(2) Notwithstanding any other provision of this Schedule, Council may authorize the
issuance of additional temporary licences for major special events in the Town
of Oakville, as determined by Council, expiring upon the termination of the
event.
(3) Every licence and licence plate issued under this Schedule is the property of the
Town of Oakville and no person shall enjoy a vested right to a licence issued
under this Schedule.
(4) Deleted by By-law 2024-101
(5) If the number of taxi licences determined in accordance with subsection (1)
decreases, the Licensing Commissioner need not cancel existing licences in
order to meet the new total but must not issue new licences until the total falls to
the level determined in subsection (1).
(6) Deleted by By-law 2024-101
(7) Deleted by By-law 2024-101
(8) Deleted by By-law 2024-101
(9) Deleted by By-law 2024-101
(10) Deleted by By-law 2024-101
(11) Deleted by By-law 2024-101
(12) Deleted by By-law 2024-101
(13) Deleted by By-law 2024-101
(14) Deleted by By-law 2024-101
(15) Deleted by By-law 2024-101
(16) Deleted by By-law 2024-101
(17) Deleted by By-law 2024-101
4. Wheelchair Accessible Plates
(1) The issuance of new Wheelchair Accessible taxicab owner's licences shall be in
accordance with the ratio of one (1) Wheelchair Accessible taxicab owner's
licence per twenty (20) taxicab owners' licences.
(2) Wheelchair Accessible Plates shall be deemed to be taxicab owner's plates, the
vehicles licensed pursuant to such plates shall be deemed to be taxicabs, and
holders of such plates shall be deemed to be owners under this By-law, except
as specifically set out in this By-law.
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(3) Wheelchair Accessible Plates shall be cancelled by the Licensing Commissioner
upon the holder of the plate(s) ceasing to be qualified to hold such plate(s).
(4) The holders of Wheelchair Accessible Plates are subject to the provisions of this
By-law generally applicable to owners, unless such provisions conflict with
specific provisions applicable to Wheelchair Accessible Plates.
(5) Drivers of wheelchair accessible taxicabs must show proof of successful
completion of the training program provided by an approved trainer, or proof
satisfactory to the Licensing Commissioner of successful completion of any
other comparable program as approved from time to time by the Licensing
Commissioner which qualifies the taxicab driver to serve persons with
disabilities.
5. Vehicle Approval
(1) An applicant for an owner's licence shall, before using the vehicle to be licensed
as a taxicab under this By-law:
(a) attend at the Licensing Section and produce and file the following
documents:
i. a copy of the current passenger motor vehicle permit in good standing
issued by the Ministry of Transportation and Communications issued in
the plate owner's name;
ii. a copy of the current Ontario Standard Automobile Insurance Policy
endorsed to show the vehicle being registered; and
iii. a Safety Standard Certificate issued under the Highway Traffic Act
within the previous thirty-six (36) days; and
(b) pay the appropriate fee.
(2) A licensed owner shall file with the Licensing Section all documents required by
the Licensing Commissioner to report any change related to the vehicle
ownership within one (1) business day of such change of vehicle ownership.
(3) An owner licensed under this By-law who disposes of their vehicle licensed as a
taxicab or otherwise ceases to use the taxicab for the purposes permitted under
this By-law and acquires another vehicle for the purposes permitted under this
By-law, before using the vehicle shall comply with subsection (1) and (2).
(4) When the requirements set out in subsection (1) have been approved by the
Licensing Commissioner, the vehicle shall be deemed to be licensed as a
taxicab.
6. Model Year Restrictions
(1) No motor vehicle more than ten (10) model years old shall be licensed as a
taxicab.
(2) For the purposes of this By-law, the age of a motor vehicle shall be calculated
from July 31st of the model year.
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7. Taxicab Tariffs and Flat Rate
(1) The rates for fees to be charged by the owners and taxicab drivers for the
conveyance of passengers shall be set by the taxi brokerage or independent
operator. Brokers can offer negotiated rates for fare outside of the Town,
discounted rates with fares booked directly through the broker and/or surge
pricing based on bookings through a mobile app.
(2) The rates and fees to be charged shall be provided to the licensing
Commissioner.
(3) The rate and fees charged by the taxi brokerage may be changed once every
three (3) months.
(4) The brokerage or independent operator shall give one (1) month notice to the
Licensing Commissioner prior to any change to the rates and fees.
8. Inspection of Taxicab
(1) The Licensing Section may carry out random inspections and may carry out
mandatory inspections of licensed taxicabs and temporarily suspend the licence
of any vehicle found to be mechanically unfit until such time as the condition has
been rectified to the satisfaction of the Licensing Commissioner.
(2) The Licensing Commissioner may at any time give notice to the licensed taxicab
owner of a mandatory inspection of the taxicab.
(3) Upon receipt of notice of inspection under subsection (2) each licensed taxicab
owner or the owner's driver shall attend with the vehicle at the requested time
and place and shall bring a Safety Standards Certificate issued under the
Highway Traffic Act within thirty-six (36) days of the date of attendance. Failure
to attend shall result in the taxicab being suspended from operation until an
inspection can be completed. A re-inspection fee will apply.
(4) If a taxicab is removed from service due to a significant failure of the inspection
required under subsection (2) which could affect public safety, a re-inspection
fee will apply.
(5) When a vehicle has been inspected under Section 8 within thirty (30) days of the
date set out in the notice of mandatory inspection referred to in subsection (2),
the taxicab owner shall not be required to have the vehicle re-inspected as
required by the notice.
(6) If a taxicab accumulates more than 50,000 kilometers in a licensing period the
taxicab owner shall submit to the Licensing Commissioner a second Safety
Standards Certificate issued under the Highway Traffic Act.
9. Taxicab Owner Regulations
Every licensed taxicab owner shall:
(1) keep at all times in the vehicle for which the person is the licensed owner, the
original or a copy of the following documents:
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(a) the current Ontario Ministry of Transportation and Communications
Passenger Motor Vehicle Permit issued for that licensed vehicle;
(b) the current owner's licence permit issued under this By-law; and
(c) the certificate of liability insurance for the vehicle in accordance with this By
law;
(2) have in or on the taxicab:
(a) the owner's plate firmly affixed to the right rear trunk or at a location and
manner approved by the Licensing Commissioner;
(b) the owner's plate number for that taxicab, in numbers of at least 15
centimeters in height, affixed to the rear of both front fenders not more than
8 centimeters below the top of the fenders and on the back of the vehicle in
a clearly visible location, of a distinct contrasting colour to that of the vehicle
to which they are affixed, or in a location or manner approved by the
Licensing Commissioner;
(c) affixed to the passenger visor so as to be visible to the passenger or in a
location approved by the Licensing Commissioner, the current tariff card
which bears the plate number of the taxicab; and
(d) an electrically illuminated roof sign which is securely attached to the top of
the taxicab in a manner approved by the Licensing Commissioner and wired
to the taxicab meter and working in conjunction with the taxicab meter so
that it is not illuminated when the taxicab meter is engaged and is
illuminated when the headlights are on and the taxicab meter is in a vacant
status;
(3) employ or use only the services of drivers who are licensed under this By-law;
provide the Licensing Section and, where applicable, any licensed taxicab
broker with whom the owner may be associated, with the name of any licensed
driver operating the taxicab within two (2) business days of the time when the
licensed driver has commenced to operate the said taxicab;
(4) provide training to all drivers who have entered into arrangements with the
owner on driver expectations
(5) produce the owner's licence issued under this By-law and such other
documentation as is requested upon an inspection;
(6) if holding a licence for an accessible taxicab:
(a) only operate an accessible vehicle which complies with this By-law;
(b) take such steps as may be required to ensure that accessible taxicabs are
available to passengers with disabilities on a continuous twenty-four hour
basis to the satisfaction of the Licensing Commissioner;
(7) forthwith remove the owner's plate and return or relinquish the owner's plate and
the licence to the Licensing Commissioner if the owner's licence is cancelled,
revoked or suspended;
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(8) produce a certificate of newly acquired insurance endorsed in accordance with
the provisions of this By-law, or return the owner's plate and licence to the
Licensing Commissioner on the date and time of cancellation when a licensed
owner cancels the owner's current insurance before the expiry date of the
policy;
(9) file with the Licensing Commissioner at least five (5) working days prior to the
expiry date of the current insurance policy all insurance renewal policies or
certificates of insurance;
(10) ensure that the taxicab:
(a) meets the standards required for issuance of an Ontario Ministry of
Transportation Vehicle Inspection Report or meets the standards for
issuance of a Safety Standard Certificate of mechanical fitness;
(b) interior and exterior is in good repair;
(c) is equipped with two doors on both sides;
(d) has valid insurance;
(e) is equipped with a roof light, Owner's Plate and side numbers in
accordance with the provisions of this Schedule; and
(f) has a taxicab meter that corresponds with the appropriate tariff set out by
the brokerage or independent operator and as submitted to the Licensing
Section.
(11) only operate or permit the operation of the owner's vehicle as a taxicab if it is a
licensed taxicab under this By-law;
(12) fail to display any owner's plate, decal or sticker issued by any other municipal
licensing authority or purporting to be issued by such municipal licensing
authority;
(13) not put any name, address or telephone number or other identification on the
taxicab or the taxicab's roof sign other than that of the taxicab broker with
whom the owner is affiliated with at one time;
(14) not place on the taxicab any emblem, decal, roof sign or other markings which
are the same colour or similar to any distinctive emblem, decal, roof sign or
other marking being used by any taxicab broker with whom the owner is not
affiliated with at one time;
(15) not operate the taxicab in affiliation with a taxicab broker who is not licensed
under this By-law;
(16) not display any sign, emblem, decal, ornament or advertisement on or in the
taxicab except in a form and location approved by the Licensing
Commissioner; or
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(17) not permit a taxicab operating under a Wheelchair Accessible Plate to operate
outside the boundaries of the Town between the hours of 7:00 a.m. and 6:00
p.m., Monday through Friday, except for the purpose of transporting a
passenger with a disability.
10.Transfer of Taxicab Owner's Licence
(1)
No taxicab owner shall transfer, place inactive or otherwise dispose of a
licence unless the owner: (By-law 2020-128)
(a) has held that licence as a taxicab owner for at least three years if issued
through lottery or for one year if transferred from a previous owner;
(b) follows the procedure set in subsection10(2); and
(c) pay the appropriate fee.
(2)
A taxicab owner transferring their taxicab owner's plate licence shall:
(a) complete and file with the Licensing Section a declaration provided by
the Licensing Section;
(b) provide a fully detailed contract of sale for the taxicab owner's plate; and
(c) return to the Licensing Section the owner's plate and licence sticker
issued in the owner's name which is being transferred.
(3)
When there is a transfer or other disposition of shares of a corporation which is
duly licensed as a taxicab owner under this By-law, such that after such
transfer or disposition the person who controlled (within the meaning of
subsection 1(5) of the Business Corporations Act, R.S.O. 1990, c. B.16) the
corporation prior to the transfer or disposition no longer controls the
corporation, it shall be deemed to be a transfer of a taxicab owner's licence
and the provisions of subsections (1) and (2) shall apply.
11.Transfer of Deceased Taxicab Owner's Licence
(1)
The provisions of Sections 10 do not apply where the licence becomes an
asset of the estate of a deceased owner.
(2)
Where the owner of a taxicab dies, the licence shall be suspended and the
plate or licence sticker shall be removed forthwith.
(3)
Subject to subsection (2), on the death of a taxicab owner the plate or licence
sticker shall be returned to the Licensing Section and after filing
documentation sufficient to prove that the licence is an asset of the estate, the
licence may be transferred to the estate of the deceased taxicab owner and
may be held in the name of the estate until disposition to a person qualified
under this By-law.
(4)
Notwithstanding the provisions of subsection (3), if the licence is transferred
into the name of the estate of a deceased owner it can only be held in the
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name of the estate for a period of one year from transfer and if it not disposed
of in that period it shall be revoked by the Licence Commissioner.
(5)
To effect transfer of an owner's licence to the estate of a deceased owner the
following must be filed:
(a) proof that the persons disposing of the property have the legal status to
effect the transfer;
(b) proof of insurance in the name of the estate; and
(c) proof of ownership of the motor vehicle in the name of the estate.
(6)
When the owner's licence is transferred to a spouse, it will not be a
prerequisite that a taxicab driver's licence be obtained.
12.Leasing of a Taxicab Owner's Licence
(1)
A taxicab owner may lease their taxicab owner's plate provided that every
driver or lessee and every other person involved in the operation of the taxicab
complies with the requirements of this By-law, and a leasing agreement is filed
with the Licensing Commissioner, which includes the following:
(a) the date of execution of the leasing agreement and its effective date;
(b) the name and address of the lessee and lessor;
(c) a full description of the vehicle which is the subject of the lease, including
the VIN number, the make, model, year of the motor vehicle, the
Provincial plate number and the taxicab owner's plate number issued by
the Licensing Commissioner;
(d) the term and expiry or termination date of the leasing agreement;
(e) the terms and conditions under which the lessee has the right to
possession and control of the vehicle; and
(f) the signatures of the lessee, the lessor and the witness thereto.
(2)
In the event of a renewal of a leasing agreement, the taxicab owner shall file
with the Licensing Commissioner satisfactory evidence of the renewal.
(3)
No lessee shall sub-lease a taxicab vehicle to any person.
(4)
Every taxicab owner shall notify the Licensing Section of the expiration or
other sooner termination of any lease or any change in custody and control
over their taxicab, within at least fifteen (15) days of such expiration,
termination or change.
13.Taxicab Broker Regulations
Every licensed taxicab broker shall:
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(1)
maintain an office within the Town from which the taxicab brokerage business
is conducted which provides adequate telephone, radio and dispatch facilities
and off-street parking.
(2)
require all taxicab owners who have entered into arrangements with them for
the provision of taxicab brokerage services to use the same design and colour
scheme of roof sign which shall include the name of the taxicab broker provide
the Licensing Section with a list showing in numerical order by owner's plate
number the name of every driver operating any taxicab with respect to which
an arrangement has been entered into for the provision of taxicab brokerage
services;
(3)
carry on the taxicab brokerage business twenty-four (24) hours a day during
the term of the licence unless otherwise directed by the Licensing
Commissioner;
(4)
retain all records respecting transportation services offered, operated or
facilitated by it in the Town for a period of at least three (3) years and produce
to the Licensing Commissioner upon request any such records in electronic
format within fourteen (14) days of the date of the request, including records
required as part of random audits or investigations conducted by the Licensing
Commissioner to evaluate compliance with this By-law. Where any records
referenced herein are required for law enforcement purposes, a taxicab
brokerage shall make the requested records available to the requesting
agency as soon as possible, and in any event within 7 days
(5)
upon request, inform any customer of the anticipated length of time required
for a taxicab to arrive at the pickup location;
(6)
when volume of business is such that service will be delayed to a prospective
customer, inform the customer of the approximate time of the delay before
accepting the order;
(7)
dispatch a taxicab to any person requesting service within the Town unless the
person requesting service has not paid for a previous trip and these facts are
verified by the broker, and the person requesting service is advised of the
reason for refusing to dispatch the taxicab;
(8)
if there is more than one broker licensed by the Town, where service
requested is of a type which would require an accessible taxicab and the
broker does not dispatch to accessible taxicabs or does not have an
accessible taxicab immediately available to service the call, the broker shall
advise the person requesting such service of any estimated delay in service
and of the name and telephone number of other brokerages licensed by the
Town offering such service;
(9)
where the brokerage provides accessible taxicabs and such service is
requested by a person with a disability, provide priority service for such
person;
(10) provide the Licensing Section with a list of all taxicab drivers that operate an
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accessible taxicab;
(11) provide training to all drivers who have entered into arrangements with the
broker on driver expectations;
(12) have a tariff card setting out in full the tariff rates filed with the Licensing
Commissioner, such tariff card to be kept in a laminated container and shown
to any passenger upon request;
(13) charge or advertise only the tariff as submitted with the Licensing Section;
(14) not accept orders for, or dispatch or direct orders to a taxicab:
(a) where the service requested of the broker or driver is prohibited under this
By-law, or any other municipal By-law or provincial or federal statute; or
(b) where the owner of the taxicab is not licensed under this By-law, unless
otherwise approved by the Licensing Commissioner;
(15) not require any driver to accept any order necessitating an expenditure of
money by the driver on behalf of the customer;
(16) not make any charge or financial demand, directly or indirectly, of a taxicab
owner or driver of a taxicab other than dispatch fees;
(17) not dispatch a taxicab operating under a Wheelchair Accessible Plate on a call
requiring the taxicab to operate outside the boundaries of the Town between
the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, unless for the
purpose of transporting a passenger with a disability;
(18) not charge the owner of an accessible taxicab a higher dispatch fee than the
dispatch fee applicable to other taxicabs; or
(19) ensure there is a dispute resolution process for dealing with any complaints
regarding fees, customer service, or any other issues arising from the taxi
operations.
14.Taxicab Driver Regulations
Every licensed taxicab driver shall:
(1)
display at all times while operating the vehicle and in a location approved by the
Licensing Commissioner, their current taxicab driver's identification card and a
current tariff card as submitted with the Licensing Section;
(2)
apply to the Licensing Section for a replacement of their taxicab driver's
identification card if it is defaced, destroyed or lost, and pay the appropriate fee;
(3)
give a passenger a receipt bearing the name of the taxicab company, the date
of the fare, the taxicab plate number, the amount paid and the tax (HST number
clearly thereon) if requested;
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(4)
take the most direct available route to the destination requested by the
passenger unless the passenger directs otherwise;
(5)
engage the taxicab meter at the commencement of the trip when the passenger
enters the taxicab and keep it engaged throughout the trip except where a flat
rate is agreed upon;
(6)
operate a vehicle which:
(a) meets the standards required for issuance of an Ontario Ministry of
Transportation Vehicle Inspection Report or meets the standards for
issuance of a Safety Standard Certificate of mechanical fitness;
(b) interior and exterior is in good repair;
(c) is equipped with two doors on both sides;
(d) has valid insurance;
(e) is equipped with a roof light, owner's plate and side numbers in
accordance with the provisions of this Schedule; and
(f) has a taxicab meter that corresponds with the appropriate tariff set out by
the brokerage or independent operator and as submitted to the Licensing
Section;
(7)
securely fasten all wheelchairs or any other passenger aids so that they are
prevented from moving while the accessible vehicle is in motion;
(8)
not leave any passenger at any location other than the destination requested by
the passenger unless:
(a) the driver is unable to take the passenger to the requested destination by
reason of;
i. the taxicab being incapable of being operated safely;
ii. the driver being incapable of operating the taxicab safely; or
iii. the conduct of the passenger being such that the driver can no
longer operate the vehicle safely;
(b) the driver has requested the attendance of another taxicab or the police at
the location; and
(c) the other taxicab or the police have arrived at the location;
(9) operate a Wheelchair Accessible Plate taxicab inside the boundaries of the
Town between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday,
except for the purpose of transporting a passenger with a disability;
(10) upon request of the Licensing Commissioner, produce their licence issued
under this By-law and such other documentation as may be required and set
out in this Schedule;
(11) upon cancelation, revocation or suspension of driver's licence the driver shall
immediately return to the Licensing Section the licence issued under this By
law;
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(12) when a licensed taxicab driver's Ontario Driver's record shows six (6) demerit
points, notify the Licensing Commissioner immediately, attend the Licensing
Section for an interview, and produce a further Ontario Driver's record within six
months of the interview;
(13) have an ongoing duty to disclose:
(i) any criminal charges relevant to the nature of the services of a taxicab driver,
or directly affects the diver's ability to competently and responsibly carry on
the services of a taxicab driver, including but not limited to: a charge under
the Criminal Code, the Narcotics Control Act or the Food and Drug Act; (ii)
any suspension of their Ontario driver's licence;
(iii) any change in insurance; and
(iv) any accidents while operating as a taxicab driver; or
(14) take a driver training course approved by the Licensing Commissioner when
their Ontario Driver's record shows eight (8) demerit points.
15.
Revocation or Suspension of a Licence
(1) A licence issued to a taxicab owner, taxicab driver or taxicab broker may be
revoked or suspended by the Licensing Commissioner for non-compliance with
the provisions of this By-law.
(2) A licence issued to a taxicab owner under this By-law may be revoked or
suspended by the Licensing Commissioner at any time if the owner fails to
actively operate the vehicle for which the owner's plate has been issued for
more than five (5) consecutive years.
(3) Where a licence is revoked or suspended under this section, the Licensee is not
entitled to any refund of the licensing fee or any other fee.
(4) When a licensed owner ceases to have a current valid Ontario standard
automobile insurance policy in good standing and properly endorsed in
accordance with the provisions of this By-law, the licence shall be deemed to be
suspended as of the date on which the cessation of insurance occurred, and the
licence shall only be reinstated on there being delivered to the Licensing
Commissioner written proof of insurance in accordance with the provisions of
this By-law.
(5) When a licensed taxicab driver has had their driver's licence issued under the
Highway Traffic Act cancelled, revoked or suspended or where such driver's
licence has expired, the licence issued under this By-law shall be deemed to be
suspended as of the date of cancellation, revocation, suspension or expiration of
the licence issued under the Highway Traffic Act.
(6) When a licensed taxicab driver's Ontario Driver's record shows ten (10) demerit
points, the taxicab driver's licence will be suspended and the driver shall
immediately return to the Licensing Section the licence issued under this By-law.
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(7)
When a licensed taxicab driver's licence has been suspended as set out
herein, the driver may not apply for re-issuance of a taxicab driver's licence
under this By-law until their Ontario Driver's record shows less than six (6)
demerit points.
16.Return of the Licence after Cancellation, Revocation or Suspension
(1) When a licence has been cancelled, revoked or suspended, the holder of the
licence shall return the licence and, if applicable, the owner's plate or licence
sticker to the Licensing Section within one (1) business day of service of written
notice of the decision of the Appeals Committee.
(2) The Licensing Commissioner may enter upon the business premises or into the
vehicle(s) of the Licensee for the purpose of receiving, taking or removing the
said licence, owner's plate or licence sticker.
(3) When a person has had their licence revoked or suspended under this By-law,
they shall not refuse to deliver up the licence, the owner's plate or licence sticker,
nor shall they in any way obstruct or prevent the Licensing Commissioner from
obtaining the licence.
17.Inactive Taxicab Plates
A taxicab that has not actively operated in providing cab service to the public for at
least thirty (30) days, or upon receiving notification of the cancellation of the taxicab
insurance, will be considered inactive.
(1) Every taxicab owner of an inactive taxicab plate shall:
a. Submit the taxicab owners plate to the Licensing Section within seven (7)
days of the taxicab becoming inactive; and
b. Upon renewal provide to the Licensing Commissioner
i. a copy of the current passenger motor vehicle permit in good
standing issued by the Ministry of Transportation and
Communications issued in the plate owner's name;
ii. Pay the appropriate fee
(2) A taxicab owner's plate that is not active and operating as of July 31 of each
calendar year will not be included in the annual calculation for plate issuance as
per section 3 of this Schedule.
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SCHEDULE 35: TOBACCO/ELECTRONIC CIGARETTE
RETAILER (By-law 2021-028)
1.
Licence Application/Renewal Requirements
1.
No licence will be issued to an applicant if the intended premises for the retail
sale or distribution of tobacco products, specialty tobacco products, tobacco
product accessories or vapour products is an outdoor property, a facility, a
building or a property leased or owned by the Town, without the express written
permission of Town. (By-law 2021-028)
2.
Regulations
1.
All tobacco retailers and electronic cigarette retailers shall comply with the
Smoke Free Ontario Act, the Tobacco Tax Act, R.S.O. 1990, c. T.10 and the
Tobacco and Vaping Products Act, S.C. 1997, c. 13 and any other relevant
legislation. (By-law 2021-028)
2.
Every tobacco retailer shall immediately notify the Licensing Commissioner if an
Automatic Prohibition is issued to the owner or occupier of the premises. (By-law
2021-028)
3.
Every electronic cigarette retailer shall immediately notify the Licensing
Commissioner if they are convicted of an offence under the Smoke Free Ontario
Act. (By-law 2021-028)
3.
Additional Grounds for Licence Suspension or Revocation
1.
In addition to the requirements contained in Section 4 of this By-law:
(a) where an Automatic Prohibition is issued against a premises for tobacco
sales offences, the tobacco/electronic cigarette retailer's licence issued by
the Town shall be automatically suspended for the period of time specified
in the Automatic Prohibition. There shall be no appeal under this By-law for
a licence suspended under this subsection; (By-law 2021-028)
(b) upon an electronic cigarette retailer's first conviction under the Smoke Free
Ontario Act, the Licensing Commissioner shall issue a written warning to the
electronic cigarette retailer that their tobacco/electronic cigarette retailer
licence issued by the Town shall be suspended upon further convictions
under the Smoke Free Ontario Act; (By-law 2021-028)
(c) upon an electronic cigarette retailer's second conviction under the Smoke
Free Ontario Act within five (5) years of the first conviction, the
tobacco/electronic cigarette retailer's licence issued by the Town shall be
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automatically suspended for six (6) months following the date of the
conviction under the Smoke Free Ontario Act; and (By-law 2021-028)
(d)
upon an electronic cigarette retailer's third conviction under the Smoke Free
Ontario Act within five (5) years of the first conviction, the tobacco/electronic cigarette
retailer's licence issued by the Town will be permanently revoked. (By-law 2021-028)
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SCHEDULE 36: COMMERCIAL PARKING LOT
OPERATOR (By-law No. 2016-025)
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for a licence or for renewal of a licence shall be accompanied by:
(a) proof of a pre-application consultation with staff determined by the Director of
Planning Services, or designate, and Licensing Commissioner;
(b) site plan drawings demonstrating such elements including:
a. Limits of parking area
b. Site access
c. Landscaping for buffering/screening
d. Location of barriers, gates and other parking features
e. Location of buildings and structures
f. Identification of surrounding land uses
to the satisfaction of the Director of Planning Services, or designate;
(c) a pedestrian circulation plan to the satisfaction of the Director of Planning
Services, or designate;
(d) a description of type of pay and display system;
(e) a transportation impact study confirming that there are no adverse traffic
impacts associated with the implementation of a commercial parking lot to the
satisfaction of the Director of Engineering, or designate.
2. Every Licensee shall:
(a) ensure that queues which form for the purpose of gaining entrance to the
licensed premises do not obstruct the municipal right of way; and
(b) within a licensed premises or around the immediate outside area of the
licensed premises, permit any person to loiter, create a disturbance or cause
undue noise, or any activity contrary to the protection of public health and
safety.
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SCHEDULE 37: ARBORIST CONSULTING
COMPANY/ARBORCULTURE COMPANY/TREE
COMPANY and LANDSCAPING/TREE COMPANY (By-law
No. 2018-005)
1. In addition to the requirements prescribed in Schedule 1 to this By-law, a completed
application for an Arborist Consulting Company or Arboriculture Company licence
or for renewal of said licences shall be accompanied by:
(a) Errors and Omissions Insurance in the amount of two million dollars
($2,000,000). The Town of Oakville and address must appear on the certificate
as a "Certificate Holder" in order to provide the Town at least thirty (30) days
notice in writing prior to cancellation, expiration or change of policy.
2. Every Licensee shall:
(a) have printed or otherwise displayed on both sides of all vehicles owned, leased
or used on a regular basis in the course of business, in figures no less than 4
inches in height, the arborist consulting company, arboriculture company, tree
company or landscaping/tree company name;
(b) have printed or otherwise impressed on all business stationery, forms, invoices,
statements and advertising materials, the arborist consulting company,
arboriculture company, tree company or landscaping/tree company's name,
business address and telephone number;
(c) provide a written contract which shall be signed by the Licensee before
commencing any work, such contract to contain:
i. the name and address of the Licensee and the person for whom the
work is being done;
ii. the address where the work is to be done;
iii. a description of the work to be completed and associated costs;
iv. warranties or guaranties, if any; and
v. the estimated date of completion;
(d)
give a copy of the contract referred to in subsection 2(c) of this Schedule
to the person for whom the work is being done;
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(e) where required, obtain all necessary permits prior to the commencement of any
work, and, procure all requisite inspections from the Town;
(f) post any notifications required by the Town's Tree By-law;
(g) permit only persons duly qualified to perform the duties of an Arborist, Certified
Tree Worker Climber Specialist and Certified Chainsaw Operator;
(h) permit only persons duly qualified as a Utility Arborist to work in proximity to
energized electrical equipment, structures and conductors;
(i) ensure utility locates are conducted prior to any digging or excavation;
(j) not permit the injury or destruction of a Town tree or other tree which is
protected by Town by-laws or subject to tree protection measures as a condition
of a Town permit;
(k) not permit the operation of any equipment 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 without first obtaining a Noise Exemption permit, other
than emergency work required to address an immediate safety concern;
(l) ensure that their vehicles do not obstruct the municipal right of way;
(m) ensure that all debris, mud, garbage or stone tracked onto a municipal right of
way is removed at the end of each day;
(n) maintain all equipment in a safe condition and in good working order;
(o) ensure that they do not create any public safety concerns;
(p) not undertake any activity that negatively impacts the use and function of a
municipal right of way;
(q) ensure properties function properly with respect to drainage;
(r) ensure that they do not create any flooding/ponding on neighbouring property or
a municipal right of way;
(s) ensure that they do not create any public safety concerns, including impacts on
existing pool enclosures on abutting properties;
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(t) not deposit snow or ice in such a manner as to obstruct access to any fire
hydrant;
(u) not deposit snow or ice so as to interfere with the safe passage of vehicles or
pedestrians;
(v) not permit the emission of dust or airborne particulate matter to substantially
reduce the enjoyment of another property; and
(w) replace any damaged sod, ground cover, pavement, property of the Town within
48 hours of the completion of the arborist, arboriculture company or tree
company work.
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