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BY-LAW NUMBER 58 OF 2OT7
OF THE CITY OF SARNIA
"A By-Law Respecting the Licensing and
Regulation of Body-Rub Parlours and those
engaged in the business of providing body-
rubs in body-rub parlours"
(Re: Body-Rub Parlour By-Law)
WHEREAS Part IV of the Municipal Act, 2001, S.O. 2000, c.25, as
amended, ("Act") authorizes a municipality to provide for a system
of licences with respect to a business;
AND WHEREAS Council deems it advisable to enact a by-law to licence,
regulate, and govern body-rub parlours, and activities carried on in
the business of the operation of body-rub parlours;
NOW THEREFORE the Council of The Corporation of the City of Sarnia
enacts as follows:
DEFINITIONS:
1. In this By-law the following definitions shall apply:
"attendant" means a person who, in pursuance of a trade, business or
occupation, provides body-rub servíces at a body-rub parlour;
"attendant's licence" means a licence issued and in good standing
under this By-law held by an attendant;
"body-rub" is a service wlrere the primary activity is the kneading,
manipulating, rubbing, massaging, touching or stimulating by any
means by at least one person of at least one other person's body or
part thereof, but does not include medical or therapeutic treatment
given by a person otherwise duly qualified, licensed or registered to
do so under the laws of the Province of Ontario;
"body-rub parlour" includes any premises or part thereof where a
body-rub is performed, offered or solicited in pursuance of a trade,
calling, business or occupation but does not include any premises or
part thereof where massages are performed for the purposes of
medical or therapeutic treatment by persons otherwise duly
qualified, licenced or registered to do so under the laws of the
Province of Ontario;
"body-rub parlour licence" means a licence issued and in good
standing pursuant to this By-law;
"carrying on" or "carry on" when used in relation to any trade,
occupation, calling or business, includes promoting, advertising,
soliciting for, or offering goods or services in connection with such
trade, occupation, calling or business;
"City" means The Corporation of the City of Sarnia;
"Council" means the Council of The Corporation of the City of Sarnia;
"customer" includes any person seeking, soliciting or receiving a body-
rub or any other service at a body-rub parlour;
"officer" means a police officer, by-law enforcement officer, clerk, or
any other City employee whose duties may include the enforcement
of this By-law;
"licence" means an authorization under this By-law to carry on the
trade, calling, business or occupation specified therein and the
document providing evidence of such authority, as the context may
allow;
"Clerk" means the person appointed by the Council of The Corporation
of the City of Sarnia as Clerk or his/her delegate;
"Medical Officer of Health" means the Medical Officer of Health for
Lambton Public Health or his/her delegate;
"operator" includes a person who, alone or with others, operates,
manages, supervises, runs or directs the trade, calling, business or
occupation carried on at a body-rub parlour;
"owner" includes a person who, alone or with others, owns or controls
the trade, calling, business or occupation carried on at a body-rub
parlour or who directs the activities of an operator, and includes a
person who is the tenant, or licensee in respect of premises which
are utilized as a body-rub parlour;
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"person" includes an individual, partnership or corporation and the
heirs, executors, administrators or other legal representatives of a
person to whom the context can apply according to law;
"sign" means any advertising device or notice including its structure and
other component parts, which is used or is capable of being used to
attract attention to a specified subject matter;
"to provide" when used in relation to body-rubs includes to offer to
provide or to cause or permit the provision of a body-rub;
GENERAL REGULATIONS
No person may carry on or engage in business as an owner or
operator of a body-rub parlour without making application for,
obtaining and maintaining a body-rub parlour licence.
No person may carry on or engage in business as an attendant in a
body-rub parlour without making application for, obtaining and
maintaining an attendant's licence.
Every owner, operator and attendant shall comply with the following
requirements:
a) No person may provide services in a body-rub parlour to any
person under the age of eighteen (18) years;
b) No person under the age of eighteen (18) years may enter, be
allowed to enter, remain in or be allowed to remain in, any part
of a body-rub parlour;
c) Every owner and operator shall ensure that there is posted in a
prominent location at every entrance to the body-rub parlour a
sign indicating that no person under the age of eighteen (18)
years may enter or remain in the premises;
d) Every owner and operator shall, before permitting any person
to provide services at a body-rub parlour, provide a copy of this
By-law to such person, and instruct such person with respect to
all of the regulations;
e) Every owner and every operator shall ensure that no services
are provided at the body-rub parlour other than in accordance
with the requirements of this By-law;
f)
No owner or operator may permit a body-rub parlour to be
open for business unless the owner or the operator is in
attendance at all times at which the body-rub parlour is open
for business;
g) No owner or operator may permit any person who appears to
be intoxicated by alcohol or a drug to enter or remain in a
body-rub parlour;
h) Every owner and operator licenced under this By-law shall
cause the licence issued to him or her in respect of the body-
rub parlour to be posted and maintained in a conspicuous place
near the entrance of the body-rub parlour, in a manner
satisfactory to the Clerk, at all times during the currency of the
licence;
i)
No owner or operator may permit any person, except a person
holding an attendant's licence, to perform any services at a
body-rub parlour;
j)
No attendant may provide services at a body-rub parlour unless
there is in attendance a person at the premises holding a body-
rub parlour license;
k) Every contract for services or other document pertaining to the
relationship between an owner or operator and any attendant at
a body-rub parlour shall be in writing and shall be made
available to an Officer, upon request, for inspection at any time
during the operating hours of the body-rub parlour and shall be
retained by the owner or operator for a period of one year after
the termination or completion of such contract;
l)
Every owner or operator of a body-rub parlour shall post and
maintain, in a prominent location by the entrance that is
satisfactory to the Clerk, a copy of all attendant licences in
relation to persons providing services at the body-rub parlour;
m) Every attendant and every customer at a body-rub parlour shall
be clothed in a manner in which such person's pubic area and,
in the case of women, also her breasts, are fully covered by an
opaque material;
n) No owner or operator may use or permit to be used any camera
or other photographic, or other electronic recording device at a
body-rub parlour by any person, but this paragraph shall not
prohibit:
the use of any camera or other device used by a public
authority for the enforcement of the law; or
the maintenance of a camera in the entrance area of
premises for security purposes only; and
o) Where the owner of a body rub parlour is a corporation or
partnership, there must be one or more licensed operators
sufficient to comply with the requirements of this By-law.
SIGNS AND ADVERTISING
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Notwithstanding the City's Sign By-law 65 of 20t4, as amended, no
person:
a) may erect or maintain any sign or other advertising device in
respect of a body-rub parlour which includes any letters,
markings, symbols, pictures or representations, except for the
name and/or symbols of the body-rub parlour as recorded on
the application for licence;
b) may erect any internal sign or advertising device on any interior
wall that may be seen from the exterior; and
c) may erect a portable sign of any type.
DESIGN OF PREMISES
No person may carry on or engage in business as an owner or
operator of a body-rub parlour, except in accordance with the
following regulations :
a) The owner or operator shall provide the Clerk with a floor plan
showing the designated room or rooms for the provision of
body-rubs and no person may provide body-rubs in any other
room, cubicle, enclosure or partitioned area located within the
body-rub parlour and in the event that the owner or operator
wishes to amend the floor plan, he or she shall first file with the
Clerk a copy of the amended floor plan and shall not proceed to
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make such alterat¡ons without first obtaining the approval of
the Clerk;
b) Every owner or operator shall ensure that no means of access
to any room, cubicle, enclosure or partitioned area in a body-
rub parlour, that is used to provide body-rubs is 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 area;
c) During the hours of operation of a body-rub parlour the owner
or operator shall ensure that the principal means of access into
the body-rub parlour shall be kept unlocked and available so
that anyone coming into the body-rub parlour may enter
therein without hindrance or delay;
d) No premises or part thereof used as a body-rub parlour shall be
used as a dwelling or for sleeping purposes or contain therein
any bed or other furniture which is commonly used or which
may be used for sleeping purposes;
e) Every body-rub parlour shall be provided with adequate
ventilation and with lighting that is adequate to ensure visibility
that is uniformly distributed throughout the premises;
f)
Every body-rub parlour and all fixtures and equipment therein
shall be regularly washed and kept in a sanitary condition;
g) Adequate washroom facilities shall be provided in accordance
with the regulations set forth under the Building Code Act,
7992, S.O. 1992 c.23, as amended from time to time;
h) Washrooms shall be equipped with:
i.
An adequate supply of hot and cold water;
An adequate supply of liquid soap in a suitable
container or dispenser;
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Hot air dryers or individual towels in a suitable
container or dispenser; and
A suitable receptacle for used towels and waste
material;
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i)
No washroom, toilet, sink or basin used for dwelling purposes
shall be used in connection with a body-rub parlour;
j)
In any restroom, washroom, sauna, or steamroom:
The floors shall be disinfected at least once a week with
a disinfecting solution;
All surfaces and attached accessories of the bath or
shower enclosure must be self-draining;
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All showers must have removable, cleanable drain
covers; and
Floor surfaces both within and without the enclosures
shall be of non-slip type;
k) Every owner and operator shall provide and maintain at all
times within the body-rub parlour a first-aid kit;
l) The premises for which the body-rub licence is required shall be
subject to the following criteria:
The maximum gross floor areas of the body-rub parlour
shall be no more than one hundred fifty (150) square
metres;
¡i.
A maximum of one body-rub parlour per lot; and
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When a body-rub parlour is located in a multi-unit
building, it shall not exceed fifteen percent (15olo) of
the gross floor area of the multi-unit building;
m) Every owner and operator of a body-rub parlour licensed under
this by-law shall ensure that any recommendation or instruction
by the Medical Officer of Health with respect to infection
prevention and control or with respect to any matter that may
affect health is duly carried out by the staff and management of
the body-rub parlour.
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LOCATION OF PREMISES
No Licence shall be issued to any body-rub parlour if the proposed
location is located within one kilometer of an existing body-rub
parlour, unless the applicant body-rub parlour can satisfy the clerk
that the applicant body-rub parlour was in operation at the time of
enactment of this By-law.
HOURS OF OPERATION
No body-rub parlour shall be open to the public, and no services are
to be provided, except between the hours of 9:00 a.m. and 10:00
p.m. of the same day.
RECORDS
Every owner and operator shall maintain a record which shall
contain the following information in respect of every current and
former attendant and employee of the body-rub parlour:
a)
Full legal name and any aliases;
b)
Home address; and
c)
Telephone number;
10. upon the request of the clerk or an officer, the owner or operator
shall present the required records for inspection.
11. The records as described herein shall be maintained fora minimum
of three years.
NATURE OF LICENCE
12. No person shall enjoy a vested right in the continuance of a licence
and the value of a licence shall be the property of the City and shall
remain so, irrespective of the issuance, renewal or revocation
thereof.
13. No person licensed under this By-law may carry on under any name
other than the name endorsed upon his or her licence.
14. Every licence issued under this By-law shall expire on January 31tt,
of the year following issuance, unless revoked or otherwise
terminated under this By-law, prior to that date. When a renewal
deadline expires on a Saturday, Sunday or holiday, the act or
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proceed¡ng may be done or taken on the day next following that is a
business day.
15. No licence shall be transferred or assigned, and if an owner,
operator or attendant sells, leases or otherwise disposes of his or
her interest in the business, the licence and all rights granted
thereunder shall automatically terminate.
16. Every body-rub parlour licence shall have endorsed thereon the
location of the body-rub parlour and such endorsement shall be for
one location only and such licence shall be valid only for the location
endorsed thereon.
t7. No licence of either type shall be issued to anyone under the age of
1B years old.
APPLICATION FOR AN ATTENDANT'S LICENCE
18. Prior to obtaining a body-rub parlour licence an Applicant shall
a) complete such licence application forms as may be provided
from time to time by the Clerk, and shall provide all
information requested thereon includíng name, aliases, date
of birth, address, and contact information;
b) provide a letter of employment or of prospective employment
from the owner or operator of a licensed body-rub parlour;
c) provide a clear criminal record check showing no unpardoned
offences, dated within the last 6 months;
d) provide valid government issued photo identification;
e) provide proof of being able to legally work in Canada if not a
Canadian citizen;
f) provide two (2) passport-size photographs, which must be
taken within thirty (30) days prior to the licence application;
and
g) submit a fee of $150, or as otherwise set out in the City's
annual fees for service by-law.
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19. An Attendant's Licence is not required for an individual who obtains
a Body-Rub Parlour Licence.
APPLICATION FOR BODY-RUB PARLOUR LICENCE
20. One body-rub parlour licence is required for an owner (regardless of
the form of ownership) and an additional body-rub parlour licence is
required for each operator.
2t. Prior to obtaining a body-rub parlour licence an Applicant shall:
a) show proof of compliance with the Zoning By-Law, as
determined by the Director of Planning & Building;
b) show proof of compliance with the Fire Code, as determined by
the Sarnia Fire Chief;
c) show proof of commercial general liability insurance with a
minimum of $2 million per incident;
d) show proof that property taxes are paid in full;
e) file with the Clerk documentation satisfactory to the Clerk
demonstrating the applicant's right to possess or occupy the
premises;
f)
provide a clear criminal record check showing no unpardoned
offences, dated within the last 6 months;
g) provide valid government issued photo identification;
h) provide proof of being able to legally work in Canada if not a
Canadian citizen;
i)
provide two (2) passport-size photographs, which must be
taken within thirty (30) days prior to the licence application;
j)
submit a fee of $500, or as otherwise set out in the City's
annual fees for service by-law; and
k) shall appear in person before a Clerk and shall complete such
licence application forms as may be provided from time to time
by the Clerk, and shall provide all information requested
thereon including name, aliases, date of birth, address, and
contact information.
PARTNERSHIP APPLICATION - ADDITIONAL REQUIREMENTS
22. In addition to the requirements for an individual applying for a body-
rub parlour licence, where a partnership is applying for a licence, an
appearance shall be made by one of the partners and the application
shall be signed by all of the partners. persons associated in a
partnership, applying for a licence under this By-law, shall file with
their application a statutory declaration, in writing, signed by all
members of the partnership, which declaration shall state:
a) The full name of every partner and the address of his ordinary
residence;
b) The name or names under which they carry or intend to carry
on business;
c) That the persons therein named are the only members of the
partnership; and
d) The mailing address for the partnership.
23. Every partnership applying for a body-rub parlour licence, shall
provide two (2) passport-size photographs of a partner, which must
be taken within thirty (30) days prior to the licence application.
24. If any member of a partnership applying for a licence is a
corporation, such corporation shall be deemed to be applying for a
body-rub parlour licence, in place and stead of the partnership.
CORPORATION APPLICATION - ADDITIONAL REQUIREMENTS
25. In addition to the requirements for an individual applying for a body-
rub parlour licence, where a corporation is applying for a licence, an
appearance shall be made by an officer of the corporation and not
by an agent thereof;
26. Every corporation applying for a licence shall file with the clerk, at
the time of making its application, a copy of its articles of
incorporation or other incorporating documents and shall file a
statutory declaration, in writing, sígned by an officer of the
corporation, which declaration shall state:
a) The full name of every shareholder and the address of his or
her ordinary residence;
b) The name or names under which it carries on, or intends to
carry on business;
c) That the persons therein named are the only shareholders of
the corporation; and
d) The mailing address for the corporation.
27. where the shares in a corporation applying for an owner's licence
are held in whole or in part by another corporation, the corporation
so applying shall file with the clerk a return in a form supplied by
the Clerk, which return shall contain a list of all of its shareholders,
and if such return discloses that the shares in such other corporation
are in turn held in whole or in part by a third corporation, then the
said applicant shall file a return in respect of such third corporation
listing its shareholders, and so on until all the names of all living
persons are shown and identified as the shareholders of any and all
corporations having an interest, direct or indirect, in the shares of
the applicant corporation.
28. where a corporation is the holder of a body-rub parlour licence or
licenses, the corporation shall forthwith notify the Clerk in writing of
all transfers of existing shares and of the issue of any existing or
new shares of the capital stock of the corporation.
29. Where, by a transfer of existing shares, or by an issue of new or
existing shares, the controlling interest in a corporation holding one
or more owner's licenses is determined by the Clerk to have
changed hands, such licence or licenses shall be terminated
forthwith, and the Clerk may issue a new licence or new licenses
upon payment of the prescribed fee.
30. Every corporation applying for a body-rub parlour licence shall
provide the Clerk with two (2) passport-size photographs of an
officer of the corporation, which must be taken within thirty (30)
days prior to the licence application.
RENEWAL LICENCE REQUIREMENTS
31, Annual renewal of either types of licences require the same
procedure as an initial application for a licence except that zoning
approval shall not be required for a body-rub parlour licence renewal
where the location has not changed from the initial apptication.
GENERAL
32. All licence fees are non-refundable if the application is refused for
any reason or is withdrawn by the applicant prior to the issuance of
a licence.
33. Any licence application that has not received approvals from all
municipal or provincial departments or agencies as the Clerk deems
necessary within 60 days from the date of the filing of the
application, because of the applicant's inability to comply with the
requirements to become licensed, shall be deemed to have expired.
34. Receipt of the application or licence fee by the clerk shall not
represent approval of the application for the issuance of the licence,
nor shall it obligate the Clerk to issue such licence.
35. The Clerk shall receive and process all applications for licences; shall
circulate each application to the required municipal departments for
approval; and shall make or cause to be made all investigations and
inspections which he or she deems necessary to determine whether
an applicant meets the requirements of this By-law and may issue
and suspend licenses pursuant to the requirements of this By-law.
36. Every application will be subject to review by such Municipal or
ProvÍncial Departments or agencies as the Clerk deems necessary
including, but not limited to, Sarnia Police Service, Lambton Public
Health, as applicable. The Licencee shall allow, at any reasonable
time, the City to inspect the premises used for the business and the
equipment, vehicles and other personal property used or kept for
hire in the carrying out of the business.
37. The Clerk shall forward a list of all licensed facilities to Lambton
Public Health in January of each year,
REFUSAL OR SUSPENSION OF LICENCE
38. Upon reviewing a licence application or upon receiving information
or a complaint against a lÍcence holder, the clerk may refuse to
grant or revoke or suspend a licence upon the following grounds
where the conduct of the applicant or licensee, or other
circumstances, afford reasonable grounds for belief that:
a) an applicant or licensee will not carry on or engage in the
business in accordance with the law, or with integrity and
honesty;
b) the carrying on by the applicant or licensee of the business in
respect of which the licence is sought or held, would infringe
the rights, or endanger the health or safety of, members of the
public;
c) an application or any other document or information provided
by or on behalf of the applicant or licensee, contains a false
statement or provides false information; or
d) where information provided to the city by or on behalf of the
applicant or licensee, whether oral or in writing, has ceased to
be accurate, and the applicant or licensee has not provided up-
to-date accurate information to the city sufficient to allow the
Clerk, or the Council, as the case may be, to conclude the
licence should be granted or maintained as valid and subsisting.
APPEALS TO COUNCIL
39. Where the Clerk refuses, revokes or suspends a licence the
Applicant, or licensee may appeal the clerk's decision to council, by
notifying the Clerk, in writing of its request to appeal to the Council
no later than fourteen (14) days after the date the licence
application is refused, revoked or suspended by the Clerk.
40. A suspension shall take effect upon service of written notice thereof
to the licensee, or upon the delivery of wrítten notice to the business
premises of the licensee at the address shown on the City's records;
4L. A suspension shall remain in effect for no more than fourteen (14)
days from the date of service of the notice;
42. Following suspension of a licence, the Clerk shall prepare a written
report to the council, advising of the suspension and:
a) Recommend that the council hold a hearing to determine
whether the suspension should continue, oi be terminated, and
whether the Council should give consideration to whether or not
the licence should be revoked or otherwise dealt with pursuant
to the By-law; or
b) Recommend reinstatement of the licence on the basis that the
conditions leading to the suspension have been remedied; or
c) Recommend that no action be taken upon the termination of
the suspension.
POWERS AND DUTIES OF COUNCIL
43. Where there is a referral to the Council pursuant to this section, the
Council shall hold a hearing for the purpose of:
a) issuing or renewing the licence;
b) refusing to issue or renew the licence;
c) suspending the licence;
d) revoking the licence; or,
e) issuing or renewing the licence with the imposition of
conditions.
44. council ffiây, instead of refusing, revoking or suspending a licence,
grant a licence or allow a licence to continue upon such ãonditions
as the council may see fit to impose, for the purpose of ensuring the
proper and lawful carrying on of the business, or such other
conditions, as are authorized by law.
45. where the council renders a decision granting the applicant the
licence applied for, the licence shall be issued upon the applicant
complying with the terms of this By-law and the conditions imposed
on the licence, if any, and the applicant shall complete the
application within fourteen (14) days of the decision of the Council.
CHANGE OF STATUS
46. Where there is any change in any of the particulars a person
licensed under this By-law, which particulars are required to be filed
with the City on applying for a licence under this By-law, such
person shall report the change to the Clerk within five (5) days of
the change.
47. Where there is to be a change in the composition or the controlling
interest of a partnership licensed under this By-law, the persons
licensed hereunder in partnership shall obtain the prior approval of
the clerk to such change. where there has been any change in the
controlling interest of the partnership by virtue of a number of
transactions, the license may be suspended, despite the clerk's prior
approval of any one or more such transactions.
48. Where there is to be a change to the composition of the controlling
interest of the shareholders of a corporation licensed under this By-
law, the corporation shall obtain the prior approval of the clerk to
such change. where there has been any change in the controlling
interest of the corporation by virtue of a number of transactions, the
licence may be suspended, despite the clerk's prior approval of any
one or more such transactions.
OFFENCE, PENALTY AND ENFORCEMENT
49. Any person who contravenes the provisions of this By-law, including
every person who fails to perform a duty imposed herein or who
performs an act prohibited herein, and every director or officer of a
corporation who concurs in such a contravention by the corporation,
is guilty of an offence and, upon conviction pursuant to the
provisions of the Provincial Offences Act, R.S.O. 1990, Ch. P.33, as
amended, is liable to:
a) a penalty in the cases of person, other than a corporation, not
to exceed $25,000 or imprisonment for a term not to exceed
one year or both; and
b) a penalty in the case of a corporation, not to exceed $50,000.
50. The making of a false or intentionally misleading recital of fact,
statement or representation in any agreement, statutory declaration
or application form required by this By-law shall be deemed to be a
violation of the provisions of this By-law.
51. Every owner and every operator of a body-rub parlour shall, at all
times during the hours of operation of the body-rub parlour and
during all hours when body-rubs are being provided at the body-rub
parlour, permit the entry by and the inspection of the body-rub
parlour by the Clerk, Lambton Public Health officials, or an Officer.
52. No person may obstruct or hinder the entry for inspection of a body-
rub parlour by a Compliance Officer, the Clerk, Lambton public
Health officials, or a Peace Officer.
MISCELLANEOUS
53. The provisions of this By-law shall apply to all lands and premises
within the City of Sarnia.
54. If a court of competent jurisdiction declares any provision, or any
part of a provision of this By-law to be invalid or to be of no force
and effect, it is the intention of the council enacting this By-law,
that each and every other provision of this By-law authorized by
law, be applied and enforced in accordance with its term, to the
extent possible according to law.
55. wherever notice or materials are required to be provided to any
person pursuant to this By-law, such notice shall be deemed
effective upon mailing of the materials by registered mail to the last
address of that person, as indicated upon the licence application or
upon other material filed with the City, or to the last assessed
business address for the person, as indicated upon the assessment
roll.
56. The maximum, total number of licences that may be issued under,
and in accordance with this By-law, for body-rub parlours within the
City of Sarnia, shall be limited to two (2).
57. This By-law may be referred to as the "Body-Rub Parlour By-law".
58. Bylaw number 73IO, 195 of 1998 and all amendments are hereby
repealed.
59. This By-law comes into force and effect upon finally being passed.
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By-Law Read a First, Second and Third time this 1O day of April,
2017.
Mike
radley
ayor
Dianne Gould-Brown
City Clerk
e