This is the exact embedded text of the captured official document.
Snapshot e62666bdc910 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the City of Peterborough
By-Law Number 21-075
Being a by-law to establish a system of licences.
Recitals ....................................................................................................................... 1
Short Title .................................................................................................................... 1
Interpretation ............................................................................................................... 1
Licence Required ........................................................................................................ 2
Licence Applications ................................................................................................... 2
Conditions Applicable to all Licences .......................................................................... 3
Administration of By-law .............................................................................................. 3
Licence Revocation ..................................................................................................... 4
Appeal to Hearing Officer ............................................................................................ 4
Administrative Penalties .............................................................................................. 5
Offences ...................................................................................................................... 5
General ....................................................................................................................... 5
Schedule A: Tree Service Providers ........................................................................... 7
Schedule B: Driving Services ...................................................................................... 8
Recitals
1.
Council has determined that it is appropriate and desirable to provide for a
system of licences for certain matters and businesses within the City of
Peterborough.
Now therefore, The Corporation of the City of Peterborough by its Council hereby
enacts as follows:
Short Title
1.
This By-Law may be referred to as the "Licensing By-law".
Interpretation
2.
Unless otherwise stated:
a)
a reference to any statute or regulation refers to a statute or regulation of
Ontario as it may be amended or replaced from time to time;
b)
a reference to a by-law refers to a by-law of the City as it may be
amended or replaced from time to time; and
c)
a reference to a section, paragraph, clause or schedule is a reference to
this By-law's section, paragraph, clause or schedule.
3.
The table of contents and headings in this By-law are for convenience only and
do not form part of this By-law.
Amended by 24-048
By-law 21-075
Page 2
4.
If any part of this By-law is determined to be invalid by a court of competent
jurisdiction, the invalid part is severed and the remainder continues to be valid.
5.
In the event of any inconsistency between a provision of this By-law and of any
other City by-law, the provision that, in the opinion of the City Clerk, more
restrictively regulates prevails to the extent of the inconsistency.
6.
The requirements of each schedule to this By-law are in addition to the
requirements of the body of this By-law.
7.
This By-law applies within the territorial limits of the City.
8.
In this By-law:
a)
"Applicant" means each Person who or that submits an Application.
b)
"Application" means an application for a Licence.
c)
"By-law" means this By-law including its schedules.
d)
"City" means The Corporation of the City of Peterborough or the
geographic area of the City of Peterborough as the context requires.
e)
"City Clerk" means the City's Clerk and includes the City's Deputy City
Clerk.
f)
"Council" means the City's Council.
g)
"Hearing Officer" means a hearing officer appointed pursuant to Hearing
Officer By-law 20-077.
h)
"Licence" means a licence described in a schedule to this By-law.
i)
"Licence Decision Notice" means a notice described in section 13.
j)
"Licence Revocation Notice" means a notice described in section 20.
k)
"Licensee" means a Person to whom or to which a Licence has been
issued.
l)
"Person" includes an individual, corporation or partnership.
Licence Required
9.
No Person may undertake an activity for which a Licence is required except
pursuant to a Licence.
Licence Applications
10.
The City Clerk may refuse to accept an Application unless the City Clerk is
satisfied that:
a)
the Application is complete, legible and submitted on forms from time to
time established by the City Clerk;
b)
an individual Applicant is not a minor;
c)
a corporate Applicant is incorporated pursuant to the laws of Ontario and
is in good standing; and
d)
the Application is accompanied by payment in full of any fee established
by Council.
11.
The City Clerk may issue a Licence to an Applicant if the City Clerk is satisfied
that the Application complies with section 10 and that the Applicant has complied
and will comply at all times with this By-law. The City Clerk may otherwise refuse
to issue a Licence.
12.
In addition to conditions otherwise imposed pursuant to this By-law, the City
Clerk may, at any time and from time to time, impose conditions to a Licence as
the City Clerk determines are necessary to maintain the general intent and
purpose of this By-law.
By-law 21-075
Page 3
13.
If the City Clerk issues a Licence with conditions pursuant to section 12 or
refuses to issue a Licence pursuant to section 11, the City Clerk must give to the
Applicant as soon as is reasonably practicable a Licence Decision Notice that
includes the following information:
a)
where a Licence is issued with conditions pursuant to section 12,
particulars of the conditions;
b)
where a Licence is refused, particulars of the reasons for refusing to issue
the Licence;
c)
information respecting the process by which the Applicant may exercise
the Applicant's right to appeal to the Hearing Officer against the conditions
or the refusal to issue the Licence; and
d)
a statement that the City Clerk's decision, unless modified or rescinded by
a Hearing Officer, will be final and not subject to review including review
by any Court.
14.
An Applicant who or that receives a Licence Decision Notice may appeal the
conditions or the refusal to the Hearing Officer pursuant to section 23.
15.
A Licence Decision Notice that is not appealed pursuant to section 23 is final and
is not subject to review including review by any Court.
16.
A Licence expires on the earlier of:
a)
the first (1st) anniversary of the day on which it was issued; and
b)
the day on which it is revoked.
Conditions Applicable to all Licences
17.
Each of the following is a condition of obtaining and continuing to hold a Licence:
a) the Licensee complies with all applicable law respecting the matter or
business the subject of the Licence including this By-law;
b) the Licensee notifies the City Clerk in writing of any change to the
information provided in an Application within three (3) days of the change;
c) without limiting paragraph a), the Licensee complies with all conditions to
the Licence imposed pursuant to section 12;
d) the Licensee provides to the City Clerk such information as the City Clerk
may from time to time require in relation to this By-law; and
e) the Licensee is not indebted to the City for any fee, fine or penalty.
Administration of By-law
18.
The City Clerk may do such things as the City Clerk considers appropriate in the
administration of this By-law including:
a)
determining Application requirements and related forms for the purposes
of paragraph 10.a);
b)
requiring information pursuant to paragraph 17.d); and
c)
making any determination that a Schedule to this By-law contemplates is
to be made by the City Clerk.
19.
It is Council's opinion that the powers delegated pursuant to this By-law are of a
minor nature having regard to the number of people, the size of geographic area
and the time period affected by an exercise of the power.
By-law 21-075
Page 4
Licence Revocation
20.
In addition to any other remedy, where the City Clerk has reason to believe that a
Licensee has not complied with this By-law, the City Clerk may give to the
Licensee a Licence Revocation Notice that includes the following information:
a)
a statement that the Licence is to be revoked on a day which is no fewer
than fourteen (14) days following the day on which the notice is given;
b)
particulars of the reasons for which the Licence is to be revoked;
c)
information respecting the process by which the Licensee may exercise
the Licensee's right to appeal to the Hearing Officer against the Licence
Revocation Notice; and
d)
a statement that the City Clerk's decision to revoke the Licence, unless
modified or rescinded by a Hearing Officer, will be final and not subject to
review including review by any Court.
21.
A Licensee to whom or to which a Licence Revocation Notice has been given
may appeal to a Hearing Officer against the pending Licence revocation pursuant
to section 23.
22.
Where the Licensee to whom or to which a Licence Revocation Notice is given
does not appeal against it pursuant to section 23, the Licence will be deemed to
be revoked on the fourteenth (14th) day following the day on which the Licence
Revocation Notice was given.
Appeal to Hearing Officer
23.
The following rules and conditions apply to appeals to the Hearing Officer:
a)
A Licensee's right to appeal expires if it has not been exercised in the
manner prescribed in paragraph b) before 4:30 p.m. on the tenth (10th)
day after the Licence Decision Notice or the Licence Revocation Notice
has been given to the Licensee.
b)
A right to appeal is exercised by:
i)
giving to the City Clerk written notice of the appeal that includes
particulars of all grounds upon which the appeal is made; and by
ii)
paying the fee from time to time prescribed by Council.
c)
The City Clerk will give to the Licensee no fewer than seven (7) days'
notice of the date, time and place of the hearing of the appeal.
d)
Where the Licensee fails to appear at the time and place scheduled for a
hearing of the appeal, the Licensee's appeal is deemed to be dismissed
and the Licensee must pay to the City an administrative fee as from time
to time prescribed by Council.
e)
Subject to paragraph d), the Hearing Officer may not decide the appeal
unless the Hearing Officer has given each of the Licensee and the City
Clerk an opportunity to be heard at the time and place scheduled for the
hearing of the appeal.
f)
The Licensee is only entitled to be heard to the extent of the particulars
included in the Licensee's notice given pursuant to clause b)i).
g)
The Hearing Officer may make any decision that the City Clerk could have
made pursuant to this By-law.
h)
The decision of the Hearing Officer is final and not subject to review
including review by any Court.
By-law 21-075
Page 5
Administrative Penalties
24.
AMP System By-law 20-073 applies to each administrative penalty issued
pursuant to this By-law.
25.
Subject to section 26, each person that contravenes this By-law is, upon
issuance of a penalty notice in accordance with AMP System By-law 20-073,
liable to pay to the City an administrative penalty of:
a)
$175 for the remainder of the first day on which the contravention occurs;
and
b)
$275 for each subsequent day on which the contravention continues.
26.
Each Person that contravenes this By-law by undertaking an activity without a
required Licence is, upon issuance of a penalty notice in accordance with AMP
System By-law 20-073, liable to pay to the City an administrative penalty of:
a)
$500 for the remainder of the first day on which the contravention occurs;
and
b)
$750 for each subsequent day on which the contravention continues.
Offences
27.
Subject to section 28, each Person that contravenes this By-law is guilty of an
offence and, upon conviction, is liable to a fine for each day or part of a day on
which the offence occurs or continues of:
a)
not less than $300 and not more than $10,000 for a first conviction of an
offence;
b)
not less than $400 and not more than $25,000 for a second conviction of
the same offence; and
c)
not less than $500 and not more than $50,000 for a third or subsequent
conviction of the same offence.
28.
A Person is not guilty of an offence for which a penalty notice has been issued
pursuant to sections 25 or 26.
General
29.
For the purposes of a prosecution under the Provincial Offences Act, a
proceeding under this By-law and a proceeding under AMP System By-law 20-
073, the holding out to the public that an activity for which a Licence is required is
being undertaken without the required Licence is admissible in evidence as
proof, in the absence of evidence to the contrary, that the activity is being
undertaken without the required Licence.
30.
Any notice to be given to a Person other than the City is sufficiently given:
a)
when given verbally to the Person;
b)
when delivered in writing to the Person;
c)
on the third (3rd) day after it is sent by regular lettermail to the Person's
last known address; or
d)
when sent to the Person by e-mail or by other means of electronic
transmission.
31.
For the purpose of paragraphs 30.c) and 30.d), a Person's last known address,
last known e-mail address and other means of electronic transmission are
deemed to include those provided pursuant to paragraph 10.a) as they may be
changed pursuant to paragraph 17.b).
By-law 21-075
Page 6
32.
Any notice to be given to the City is sufficiently given:
a)
on the third (3rd) day after it is sent by regular lettermail to "Licensing
Division, City Clerk Services, 500 George Street North, Peterborough,
Ontario, K9H 3R9; or
b)
when sent by e-mail to [email protected]
33.
No proceeding for damages or otherwise may be commenced against the City, a
member of Council, or an officer, employee or agent of the City or a Person
acting under the instructions of the officer, employee or agent for any act done in
good faith in the performance or intended performance of a duty or authority
under this By-law or for any alleged neglect or default in the performance in good
faith of the duty or authority.
34.
This By-law is in effect when it is passed.
By-law passed this 28th day of June, 2021.
(Sgd.) Diane Therrien, Mayor
(Sgd.) John Kennedy, City Clerk
By-law 21-075
Page 7
Schedule A: Tree Service Providers
1.
In this By-law:
a)
"Tree Service Provider" means an individual to whom a Tree Service
Provider Licence has been issued pursuant to this By-law.
b)
"Tree Service Provider Licence" means a Licence issued to a Tree Service
Provider pursuant to this By-law.
2.
The City Clerk may refuse to issue a Tree Service Provider Licence unless the
City Clerk is satisfied that the Applicant is an individual and:
a)
has an Ontario College diploma or University degree in urban forestry,
arboriculture or equivalent diploma or degree; or
b)
has one or more of the following designations that is current and in good
standing:
i)
an Arborist qualified by the Ontario College of Trades;
ii)
an Arborist certified by the International Society of Arboriculture;
iii)
a consulting arborist registered as a member with the American
Society of Consulting Arborists; or
iv)
a Registered Professional Forester as defined in the Professional
Foresters Act, 2000, S.O. 2000, c. 18.
By-law 21-075
Page 8
Schedule B: Driving Services (Amended by 24-048, Effective August 31, 2024)
Interpretation
1. In this By-law:
a)
"Accessible Vehicle for Hire" means a Vehicle for Hire that that is
designed or modified so as to be capable of being used for the purpose of
transporting individuals with disabilities whether or not it is also used to
transport individuals without disabilities;
b)
"App" means any software or application or telecommunications platform
capable of connecting a Driver and a Passenger for the purposes of the
services of a Vehicle for Hire;
c)
"Broker" means a Person to whom or to which a Broker's Licence has
been issued pursuant to this By-law.
d)
"Broker's Licence" means a Licence issued to a Broker pursuant to this
By-law.
e)
"Dispatch" means the act or service of sending or directing a Vehicle for
Hire to an individual who has requested the services of a Vehicle for Hire
but does not include a Hail.
f)
"Driver" means an individual to whom or to which a Driving Services
Licence has been issued pursuant to this By-law.
g)
"Driving Services Licence" means a Licence issued to a Driver pursuant to
this By-law.
h)
"Fare" means the total consideration to be given or paid for a Trip.
i)
"Hail" means the act of an individual who solicits directly from a Driver the
services of a Vehicle for Hire.
j)
"MTO" means the Ontario Ministry of Transportation.
k)
"Officer" is as defined in the City's Inspection By-law 23-112.
l)
"Passenger" means each individual in a Vehicle for Hire other than the
Driver.
m)
"Taximeter" means a device that, for each Trip, measures:
i)
the distance traveled by a Vehicle for Hire; and
ii)
that part or those parts of the Fare to be charged for waiting time.
n)
"Trip" means the route, distance and time travelled from the time and
location at which a Passenger enters the Vehicle for Hire until the time
that the Passenger exits the Vehicle for Hire at the final destination.
o)
"Vehicle for Hire" means a motor vehicle as defined in the Highway Traffic
Act having a seating capacity of not more than nine (9) individuals,
exclusive of the driver, that is used to offer, facilitate or provide
transportation of one or more individuals for compensation.
Driving Services Licence Applications
2.
The City Clerk may refuse to issue a Driving Services Licence unless the City
Clerk is satisfied that the Applicant is an individual who:
a)
holds a current, valid Class G driver's licence issued by the Province of
Ontario pursuant to the Highway Traffic Act;
b)
is the subject of a satisfactory Police Record Check for individuals seeking
to serve vulnerable sectors of the population dated no earlier than ninety
(90) days prior to the date that the Application is submitted; and
By-law 21-075
Page 9
c)
is the subject of a satisfactory Statement of Driving Record issued by MTO
no earlier than thirty (30) days prior to the date that the Application is
submitted.
3.
A Broker may, if permitted by the City Clerk, and must, if directed by the City
Clerk, exercise the authority delegated to the City Clerk pursuant to sections 10,
11, 12 and 13 of this By-law and pursuant to section 2 of this Schedule B
respecting Drivers and Driving Services Licences, subject to compliance with
those sections, to any conditions or directions related to the permission imposed
or given by the City Clerk and to the following:
a)
the Broker must refuse to accept an Application that does not comply with
section 10 of this By-law;
b)
the Broker must refuse to issue a Driving Services Licence that does not
comply with section 2 of this Schedule B;
c)
the Broker must not collect personal information except:
i)
personal information that relates only to the Applicant;
ii)
directly from the Applicant;
iii)
after giving notice to the Applicant in a form acceptable to the City
Clerk and pursuant to subsection 28(2) of the Municipal Freedom of
Information and Protection of Privacy Act;
iv)
with the Applicant's consent given only after the individual has
received the notice referred in the immediately preceding clause iii);
and
v)
only such personal information that, in the City Clerk's
determination, is necessary to the proper administration of the
Driving Services Licence.
Driving Services Licences
4.
No Person may operate or provide the services of a Vehicle for Hire except a
Driver pursuant to a Driving Services Licence and except pursuant to the
following conditions, each of which is a condition of obtaining and continuing to
hold a Driving Services Licence:
a)
the Driver:
i)
complies with this By-law;
ii)
holds a current, valid Class G driver's licence issued by the
Province of Ontario pursuant to the Highway Traffic Act;
iii)
carries on the Driver's person a copy of the Driver's Driving
Services Licence;
iv)
forthwith produces for inspection the Driver's Driving Services
Licence when requested to do so by an Officer, the City Clerk or by
a Passenger;
v)
takes the most direct route for the Trip except as otherwise directed
by a Passenger;
vi)
forthwith provides to a Passenger when requested to do so by the
Passenger a receipt showing the:
(1)
Driver's full name and Driving Services Licence number;
(2)
Date and time of the Trip;
(3)
Trip's points of origin and destination; and the
(4)
Fare for the Trip including applicable taxes;
b)
the Driver does not operate or provide the services of a Vehicle for Hire in
response to a:
By-law 21-075
Page 10
i)
Dispatch except a Dispatch by a Broker who or that complies with
this By-law; or to a
ii)
Hail except in compliance with the conditions applicable to Hails as
set out in section 5 of this Schedule B;
c)
the Driver complies with the conditions applicable to:
i)
Fares as set out in section 6 of this Schedule B; and to
ii)
Vehicles for Hire as set out in section 7 of this Schedule B.
Hails
5.
No Driver may operate or provide the services of a Vehicle for Hire in response
to a Hail except pursuant to the following conditions applicable to Hails:
a)
the Vehicle for Hire is equipped with a Taximeter;
b)
The Taximeter is:
i)
attached to the Vehicle for Hire in such a position that the Fare
computed thereon is visible from any seated position within the
Taximeter;
ii)
illuminated and is clearly visible to each Passenger;
iii)
maintained in good working order;
iv)
functioning at all times during a Trip;
v)
accurately computing Fares;
vi)
sealed and re-sealed from time to time to the City Clerk's
satisfaction;
vii)
used only when its seal is intact; and is
viii)
submitted for inspection and testing from time to time as and when
directed by the City Clerk or by a Broker.
Fares
6.
A Driver must not demand or accept consideration, payment or compensation for
a Trip except a Fare pursuant to the following conditions applicable to Fares:
a)
the Fare for each Trip is accurately computed by an App or by a
Taximeter;
b)
the Fare must not include a charge for transporting a Passenger's
accessibility devices, if any;
c)
if requested by the Passenger, the Driver must accept payment of the
Fare by credit card or debit card;
d)
where the Fare is computed by a Taximeter, the maximum Fare must not
exceed by 100% the least expensive Fare that would have been paid for
the same Trip within the four-day period immediately preceding the Trip;
e)
where the Fare is computed by an App, the maximum Fare must not:
i)
exceed the aggregate of all amounts comprising the Fare for which
the App has notified the Passenger prior to the commencement of
the Trip; and must not
ii)
exceed by 100% the least expensive Fare that would have been
paid for the same Trip within the four-day period immediately
preceding the Trip.
Vehicles for Hire
7.
No Person may operate a Vehicle for Hire except a Driver pursuant to the
following conditions applicable to Vehicles for Hire:
By-law 21-075
Page 11
a)
it is solely owned by the Driver or, alternatively, is operated by the Driver
as a Vehicle for Hire pursuant to an agreement in writing with all owners of
the Vehicle for Hire;
b)
it is, in the City Clerk's determination, adequately insured for its use as a
Vehicle for Hire;
c)
it is mechanically sound and safe for use as a Vehicle for Hire;
d)
without limiting the immediately preceding paragraph c), it has been
inspected at an inspection station licensed by MTO and has met the
minimum safety standards evidenced by a safety standards certificate
issued by or on behalf of MTO on a day that is no earlier than twelve (12)
months prior to any day on which the Vehicle for Hire is operated;
e)
the Driver's Driving Services Licence is prominently displayed within the
Vehicle for Hire so as to be readable at all times by each Passenger;
f)
the Driver's Driving Services Licence number is prominently affixed to and
displayed on the Vehicle for Hire's exterior in reflective characters not less
than fifteen (15) centimetres in height in a colour that contrasts with the
Vehicle for Hire's colour so as to be readable at all times; and
g)
it is equipped to accept payments by debit card and credit card.
Brokers' Licences
8.
No Person may Dispatch except a Broker pursuant to a Broker's Licence and
except pursuant to the following conditions, each of which is a condition to
obtaining and continuing to hold a Broker's Licence:
a)
the Broker complies with this By-law;
b)
the Dispatch is to a Driver;
c)
the Vehicle for Hire is operated by a Driver;
d)
the Driver complies with this By-law;
e)
if the Vehicle for Hire is not equipped with a Taximeter, the Dispatch is
undertaken via an App;
f)
if the Dispatch is undertaken other than via an App, the Driver complies
with the conditions applicable to Hails set out in section 5 to this Schedule
B.
g)
the Broker maintains a record of each request of the Broker for Dispatch
including:
i)
the date and time of each such request;
ii)
the proposed commencement point and destination point of the Trip
the subject of the request;
iii)
if the request for Dispatch was cancelled or if the Trip was not
completed, the reasons for such cancellation or failure to complete
the Trip;
iv)
for each Trip, the time of the Vehicle for Hire's arrival at
(1)
the commencement point; and at
(2)
the destination point;
v)
the Fare; and
vi)
the Driver's name and Driving Services Licence number.
h)
where the number of Drivers to whom the Broker may Dispatch exceeds
twenty-five, irrespective of the number of such Drivers who are, at any
time, engaged in operating or providing the services of a Vehicle for Hire,
By-law 21-075
Page 12
the Broker should encourage the provision of no fewer than the
greater of the following numbers of Drivers operating or providing the
services of Accessible Vehicles for Hire:
i)
one; and
ii)
one for every ten Vehicles for Hire then being operated by such
Drivers.