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THE CORPORATION OF THE CITY OF THUNDER BAY
BY-LAW NUMBER 156-2005
A By-law pursuant to Section 150 of the Municipal Act, 2001 to
provide for the Licensing and Regulation of Hairstylists for health
and safety reasons, and for consumer protection in the City of Thunder
Bay, in the District of Thunder Bay.
Recitals
1.
The Municipal Act, 2001 authorizes Council to license and regulate a variety of
businesses and events.
2.
The authority in the Municipal Act, 2001 includes: the power to issue Licenses on
condition, revoke Licenses, suspend Licenses, to regulate or govern the place used in the
carrying on of business, and many other matters.
3.
Council considers it appropriate to license Hairstylists operating in Thunder Bay. From a
health and safety standpoint, licensing enables regular inspections to facilitate compliance with
cleanliness standards. From a consumer protection standpoint, licensing helps to protect the
public from unqualified practitioners.
ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE CITY OF
THUNDER BAY ENACTS AS FOLLOWS:
ARTICLE 1.00:
INTERPRETATION
1.01
Definitions
Wherever a term set out below appears in the text of this By-law with its initial letter
capitalized, the term is intended to have the meaning set out for it in this Section 1.01.
Wherever a term below appears in the text of this By-law in regular case, it is intended to
have the meaning ordinarily attributed to it in the English language.
(a)
"Applicant" means the person making application for issuance of a License to
Operate a Business in Thunder Bay. An Applicant must be a Person.
(b)
"Business" means a service industry that includes the cutting and/or dressing of
hair. The term includes: hair trimming, dyeing, bleaching, streaking, frosting,
conditioning, shampooing, shaving or the trimming of the beard or moustache.
(c)
"By-law" means this By-law, as it may be amended from time to time, unless
another by-law is expressly referenced by name or number. The Recitals to, and
the Schedules attached to this By-law are considered integral parts of it.
(d)
"Chief Building Official" means the person within the City's administration who
fulfills the function of the chief building official as required by the Building Code
Act, 1992, or his or her designate.
(e)
"City" means The Corporation of the City of Thunder Bay.
(f)
"Committee" means the committee of Council to which Council has delegated
the responsibility of handling Licensing matters. Where there has been no
delegation, the term refers to the Committee of the Whole.
(g)
"Council" means the elected municipal council for the City.
(h)
"Fire Chief" means the Person within the City's administration who fulfills the
function of the fire chief as required by the Fire Protection and Prevention Act,
1997. The term also includes his or her designate.
(i)
"Hairstylist" has the meaning assigned to it in the Apprenticeship and
Certification Act, 1998. The term includes any of: a hairdresser, a hairstylist and
a barber.
(j)
"License" means a License to Operate a Business issued pursuant to this By-law.
(k)
"Licensee" means the holder of a License.
(l)
"Manager" means the Manager of the Licensing & Enforcement Division of the
Development Services Department for the City. The term also includes his or her
designate.
(m)
"Medical Officer of Health" means the Medical Officer of Health of the Health
Unit. The term also includes his or her designate.
(n)
"Municipal Law Enforcement Officer" means a Police Officer, a law
enforcement officer, the Manager, or another person duly appointed to enforce the
by-laws of the City.
(o)
"Operator" means a Person who has care and control of a Business at any given
point in time. The term includes any one or more of the following persons:
(i)
the Owner of a location from which a Business is conducted;
(ii)
the Operator of a Business;
(iii)
the occupier of a location from which a Business is conducted;
(iv)
one who assists or acts on behalf of the Owner or occupier of a location
from which a Business is conducted, including a manager or supervisor;
(v)
one who has the care or management of a location from which a Business
is conducted; or
(vi)
a Licensee.
The terms "Operate", "Operation" and words of like import or intent have
corresponding meanings.
(p)
"Owner" means a person with legal title to real or personal property. The terms
"Own", "Ownership", and words of like import or intent have corresponding
meanings.
(q)
"Person" means an individual human being.
(r)
"Police" means the Thunder Bay Police Service.
(s)
"Qualified" means holding a current certificate of qualification pursuant to the
Apprenticeship and Certification Act, 1998 and/or regulations passed under that
legislation.
(t)
"Thunder Bay" means the geographic area under the jurisdiction of the City.
1.02
Legislation, By-laws
Each reference to Provincial legislation in this By-law is printed in Italic font and, unless
otherwise specified, is a reference to the Revised Statutes of Ontario, 1990 edition, and,
in every case, includes all applicable amendments to the legislation, including successor
legislation. Each reference to another by-law in this By-law, unless otherwise specified,
is a reference to a by-law of the City, and, in every case, includes all applicable
amendments to this By-law, including successor By-laws.
1.03
Construing this By-law
The captions, articles and section names and numbers appearing in this By-law are for
convenience of reference only and have no effect on its interpretation. This By-law is to
be read with all changes of gender or number required by the context. The words
"include", "includes", "including" and "included" are not to be interpreted as
restricting or modifying the words or phrases which precede them.
1.04
Severability
If a court or tribunal of competent jurisdiction declares any portion of this By-law to be
illegal or unenforceable, that portion of this By-law will be considered to be severed from
the balance of the By-law, which will continue to operate in full force.
ARTICLE 2.00:
ADMINISTRATION OF THIS BY-LAW
2.01
Administration of By-law
Unless otherwise indicated, the administration of this By-law is assigned to the Manager,
who may delegate the performance of his or her functions under this By-law from time to
time as occasion requires.
2.02
Application
Applications for all Licenses under the provisions of this By-law:
(a)
shall be made to the office of the Licensing & Enforcement Division of the
Development Services Department of the City, on forms to be provided;
(b)
when received by the Licensing & Enforcement Division office, will be stamped
with the date of receipt and processed in the order in which they are received; and
(c)
must be finalized unless a hearing before the Committee is pending within thirty
(30) days of the date referenced in (b).
2.03
Application Information Required
Every Applicant shall provide in full, at the time the application is submitted, all of the
information requested on the application form as well as:
(a)
payment of the prescribed License fee as set out in By-law Number 297-2002;
(b)
if applicable, the identification of the site or sites to be authorized by the License;
and
(c)
any other document or information as may be required in any other part of this
By-law.
2.04
License Fee
The fee for obtaining a License shall be as set out in By-law Number 297-2002. No fee
is refundable except in the event that a License is revoked by reason of municipal staff
error. In that case the Licensee is entitled to a full refund.
2.05
Application Subject to Approval
Every site for which the Applicant seeks a License is subject to investigation approvals
from the Health Unit, the City's Fire Services Department and the Licensing &
Enforcement Division of the City's Development Services Department.
2.06
License Surrender
A Licensee may at any time surrender a License. Surrender of a License does not entitle
the Licensee to a refund of all or any portion of the License fee paid.
2.07
Transfer Prohibited
Every License, at all times, is Owned by the City and is valid only in respect of the
Person and/or the site named in the License. No License may be sold, purchased, leased,
mortgaged, charged, encumbered or assigned. Should a Business relocate, the Licensee
must apply for a new License for the new site.
2.08
Circulation Requirement
Before issuance of a License, the Applicant shall circulate the application to those
persons or agencies as set out in the relevant application, as applicable to the class and
status of the License. In all cases, the Manager shall confirm with the Development
Services Department that the zone for the site from which the Business is to be carried
out is appropriate.
2.09
Negative Comments
The circulation referred to in Section 2.08 may result in negative comments to the
Manager. Negative comments may result in the denial of the application under this By-
law. Alternatively, negative comments may result in the issuance of a License upon
specific conditions. Examples of negative comments include:
(a)
the Applicant's premises or place of Business is the object of an order to comply
made under the Property Standards By-law, or an order made under the Building
Code Act, 1992;
(b)
the Applicant's premises (or use of those premises for the Business) are not in
compliance with the Zoning By-law or any other applicable by-law of the City;
(c)
the Applicant's premises require corrective action pursuant to an order of the
Medical Officer of Health;
(d)
the Applicant's premises require corrective action pursuant to an order of the Fire
Chief;
(e)
the Applicant's premises (or use of such for the Business) require modification in
order to remove a barrier as that term is defined in the Ontarians With Disabilities
Act, 2001 or similar legislation;
(f)
the Applicant was previously convicted of an offence pursuant to this (or a
predecessor) By-law; or
(g)
the Applicant is financially obligated to the City in some manner.
2.10
Denial
Where an application for a License is denied, the reasons for the denial shall be specified
in writing, and the Manager shall provide the Applicant with the reasons.
2.11
License Issuance
Where no negative comments are received as a result of the circulation required by
Section 2.08, and where the Applicant's documentation is in order and the applicable fee
has been paid, the Manager shall grant the License, or the renewal, as applicable, to the
Applicant.
2.12
License with Conditions
The Manager may, in response to negative comments resulting from the circulation
required in Section 2.08, issue a License subject to specific conditions. The conditions
must address any deficiencies identified in the negative comments.
2.13
Time Limit
Except as otherwise provided in this By-law, Licenses shall come into effect on the date that they
are issued and do not expire.
2.14
Posting Licenses
The Licensee shall post the License in a conspicuous place at each site to which the
License applies. This Section of the By-law may be complied with through posting of a
photocopy or other reproduction of the License, provided the original License is
maintained at the site of the Business and can be readily produced upon request.
2.15
Duplicate License
A duplicate License may be issued by the Manager to replace any License previously
issued which has been lost, stolen or destroyed, upon written application by the Licensee
and upon payment of a fee as set out in By-law Number 297-2002.
2.16
Revocation or Suspension
No person enjoys a vested right in the continuance of a License. The Manager may
recommend to the Committee that a License be revoked or suspended for a certain period
of time in the following circumstances:
(a)
the Licensee is unable to hold the License or carry on the Business under this By-
law or any other legislation;
(b)
the Licensee fails to comply with any condition imposed upon the License under
Section 2.12 of this By-law; or
(c)
the Licensee has been convicted of an offence pursuant to this By-law on more
than one (1) occasion within a twelve (12) month period.
2.17
Licensees must be Persons
Because of the requirement that a Licensee under this By-law be Qualified, Licenses are
available only to Persons.
ARTICLE 3.00:
REGULATIONS & OFFENCES
3.01
Operating without a License
It is an offence for a person to Operate a Business without having first taken out a License from
the City pursuant to this By-law.
3.02
Operation at Unauthorized Site
It is an offence for any person to Operate a Business from a site which is not authorized
by a License.
3.03
Cessation or Sale of a Business
It is an offence for a Licensee to fail to report to the Manager the cessation or sale of his
or her Business.
3.04
Change of Address
It is an offence for a Licensee to fail to report to the Manager every change of mailing
address or telephone number of that Licensee within fifteen (15) days of the change.
3.05
Certificate of Qualification
No Person can obtain a License unless he or she holds a current Certificate of
Qualification as a Hairstylist pursuant to Regulations made under the Apprenticeship and
Certification Act, 1998 and the regulations passed under that legislation.
3.06
Operating with Unqualified Staff
It is an offence for a Licensee to employ Hairstylists in the Business unless those
Hairstylists are Qualified or are working towards obtaining qualifications as authorized
under the legislation and regulations referenced in Section 3.05.
3.07
Fail to Post License: It is an offence for a Licensee to fail to post the License in a
conspicuous place at each site to which the License applies.
ARTICLE 4.00:
INSPECTIONS
4.01
Inspections
The Manager, the Chief Building Official, the Medical Officer of Health, the Fire Chief,
a Municipal Law Enforcement Officer, or any person acting under those persons, may at
reasonable times, during regular business hours, inspect:
(a)
any premises or place where a Business is carried on or there are reasonable and
probable grounds to believe a Business is being carried on; and/or
(b)
any goods, equipment, books, records or documents used or to be used by the
Operator in connection with the Business.
4.02
Hindering Inspections
It is an offence for any person to hinder or obstruct or to attempt to hinder or obstruct any
person exercising any power authorized by Section 4.01.
4.03
Re-Inspection Fee
When a re-inspection is required to:
(a)
confirm compliance with a condition imposed;
(b)
rectify a deficiency to prevent negative comments; or
(c)
because the Applicant or Operator failed to appear at a scheduled inspection;
a fee may be charged as set out in By-law Number 297-2002.
ARTICLE 5.00:
COMMITTEE
5.01
Delegation to Committee
Pursuant to Section 468 of the Municipal Act, 2001, general licensing powers contained
in Part IV of the Municipal Act, 2001 are assigned by the Council to the Committee. The
Committee shall make all final decisions with respect to refusal to issue, suspension or
revocation of a License under this By-law.
5.02
Applicant Request for Hearing
An Applicant may, upon payment of the fee set out in By-law 297-2002, request a
hearing of the Committee to:
(a)
review the determination by the Manager that the application for a License be
denied; or
(b)
review any conditions imposed upon a License pursuant to Section 2.12 of the
By-law.
The request for a hearing under Section 5.02(a) shall be provided to the Manager within fifteen
(15) days of the date that the Applicant received the reasons for denial under Section 2.10. The
request for a hearing under Section 5.02(b) shall be provided to the Manager within fifteen (15)
days of the date the License was issued.
5.03
Administration Request for Hearing
Where the Manager intends to recommend to the Committee that a License be revoked or
suspended, he or she shall give notice of the intended recommendation to the Applicant
or Licensee, together with the reason for the intended recommendation, as well as to such
other persons, civic departments, boards, commissions, authorities or agencies as appear
to have an interest in the recommendation. The notice shall include the details required
by Section 5.04 of this By-law.
5.04
Notice of Hearing
The notice required by Section 5.03 shall:
(a)
contain a reference to Sections 150 and 252 of the Municipal Act, 2001, under
which the hearing will be held;
(b)
contain the reasons for the proposed conditions, refusal, suspension or revocation;
(c)
specify the time, place and purpose of the hearing of the Committee at which the
proposed refusal, suspension or revocation will be considered;
(d)
inform the affected Applicant or Licensee that he or she is entitled to attend the
hearing and to present evidence and to make submissions regarding the proposal
and that, in his or her absence, the Committee may proceed to consider the
proposal, and the Applicant or Licensee will not be entitled to any further notice
of the proceeding;
(e)
afford the affected Applicant or Licensee a reasonable opportunity, before the
hearing, to show or achieve compliance with all lawful requirements for the
retention of the License; and
(f)
be given at least fifteen (15) days notice prior to the date of the Committee
hearing.
5.05
Hearing by Committee
At the hearing, the Committee may suspend, revoke or refuse to issue any License, may
amend conditions imposed on a License, or may add conditions to a License:
(a)
for any reason that would deny the Licensee for a License if he or she were an
Applicant;
(b)
where the Licensee or Applicant is in breach of a condition of the License or of
this By-law;
(c)
if a report is filed subsequent to the date of the issuance of the License or by any
department or agency which originally provided its approval to the issuance of the
License which indicates that the Licensee no longer complies with any of the
provisions of this By-law; or
(d)
if the conduct of an Applicant or Licensee affords reasonable cause to believe that
the Applicant or Licensee will not carry on or engage in the Business in
accordance with the law or with honesty or integrity.
5.06
Committee Decision
A decision of the Committee refusing, suspending, amending or adding conditions to, or
revoking an application or License takes effect upon the rendering of the decision by the
Committee.
ARTICLE 6.00:
ENFORCEMENT & PENALTIES
6.01
Enforcement
This By-law may be enforced by any Municipal Law Enforcement Officer.
6.02
Penalties
Every person who commits an offence pursuant to this By-law is liable, upon conviction,
to the penalties prescribed in the Provincial Offences Act.
ARTICLE 7.00:
PREDECESSOR BY-LAWS, EFFECTIVE DATE
7.01
References to Predecessor By-laws
References in other by-laws of the City to any historically applicable licensing by-law for
barbers or Hairstylists are deemed to be references to this By-law.
7.02
Effective Date
This By-law shall come into force and take effect on January 1, 2006.
Enacted and passed this 19th day of December, A.D. 2005 as witnessed by the Seal of the
Corporation and the hands of its proper Officers.
Lynn Peterson
Mayor
Bonnie Nistico
Deputy City Clerk