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THE CORPORATION OF THE
TOWNSHIP OF WELLINGTON NORTH
BY-LAW NUMBER 085-22
BEING A BY-LAW TO ESTABLISH BUSINESS LICENSING
REGULATIONS RELATED TO BUSINESS LICENSING IN THE
TOWNSHIP OF WELLINGTON NORTH
WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the
"Municipal Act") provides that a municipality may provide for a system of licences with
respect to businesses;
AND WHEREAS section 436 of the Municipal Act authorizes a municipality to pass by-
laws authorizing inspections to assess compliance with a by-law passed under the
Municipal Act, a direction or order, or a condition of a licence;
AND 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; and
AND WHEREAS the Council of The Corporation of the Township of Wellington North
deems such a system of licences appropriate to address health and safety, well-being of
persons, consumer protection and nuisance control;
THEREFORE the Council of the Corporation of the Township of Wellington North enacts
as follows
1. THAT the Business Licensing by-law as shown in Appendix A attached hereto
is established.
2. THAT every provision of this by-law is declared to be severable from the
remainder of the by-law and if any provision of this by-law shall be declared
invalid by a court of competent jurisdiction such declaration shall not effect the
validity of the remainder thereof.
3. THAT By-law No. 058-16 is hereby repealed.
4. THAT this by-law shall come into force and effect on its passage.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS 25 DAY OF JULY, 2022.
_____________________________________
ANDREW LENNOX, MAYOR
KARREN WALLACE, CLERK
Appendix A
BUSINESS LICENSING BY-LAW
Contents
1.
SHORT TITLE............................................................................................................................................... 3
2.
DEFINITIONS .............................................................................................................................................. 4
3.
EXEMPTIONS .............................................................................................................................................. 5
4
REQUIREMENT FOR LICENCE ..................................................................................................................... 5
5
APPLICATION REQUIREMENTS .................................................................................................................. 6
6
ISSUANCE AND GROUNDS FOR REFUSAL .................................................................................................. 8
7
OPERATING REQUIREMENTS ................................................................................................................... 10
8
TERM OF LICENCE .................................................................................................................................... 12
9
REVOCATION AND SUSPENSION ............................................................................................................. 12
10
CANNABIS RETAIL STORES ................................................................................................................... 13
11
APPEAL ................................................................................................................................................. 14
12
NOTICES ............................................................................................................................................... 15
13
INSPECTION ......................................................................................................................................... 15
14
ORDER TO DISCONTINUE ACTIVITY ..................................................................................................... 16
15
WORK ORDER ...................................................................................................................................... 16
16
REMEDIAL ACTION ............................................................................................................................... 17
17
PENALTIES ............................................................................................................................................ 17
18
COLLECTION OF UNPAID FINES ........................................................................................................... 18
19
REPEAL / TRANSITION .......................................................................................................................... 19
20
GENERAL .............................................................................................................................................. 19
1. SHORT TITLE
1.1
This by-law shall be known as the "Business Licensing By-law".
2. DEFINITIONS
For the purposes of this By-law:
2.1
Applicant means a Person applying for a Licence or a renewal of a Licence
under this By-law;
2.2
Application means an application in the form provided by the Licensing Officer
or designate and accompanied by the appropriate fee;
2.3
Business includes any business wholly or partly carried on within the Township
even if the business is being carried on from a location outside the Township
and includes (without limitation):
(a) a trade and occupation;
(b) an exhibition, concert, festival or other organized public amusement, held
for profit or otherwise;
(c)
a charity or non-for-profit business;
(d) the selling or hiring out of goods or services on an intermittent or one-time
basis and the activities of a transient trader; and
(e) the display of samples, patterns or specimens of goods for the purpose of
sale or hire;
2.4
Applicable Law means the laws and regulations of Canada and Ontario, the
by-laws of the County of Wellington and the by-laws of the Township, including
(without limitation) this By-law;
2.5
Council means the Council of The Corporation of the Township of Wellington
North;
2.6
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;
2.7
Donation Box Business means a Business operating a Donation Box, including
placement or installation of a Donation Box;
2.8
Door to Door Sales means one or more Persons going from place to place
with services, goods or merchandise for sale;
2.9
Fire Chief means a Fire Chief in the Province of Ontario or designate;
2.10 Food Vehicle or Stand means a stand, or a motor vehicle (as defined in the
Highway Traffic Act, R.S.O. 1990, c. H.8, as amended) or a non-motorized
vehicle, including (without limitation) a cart, wagon, trailer, truck or bicycle, from
which food or drink is offered for sale to the public, and includes (without
limitation) a "mobile preparation premises" as defined in Ontario Regulation 562
under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as
amended;
2.11 Food Vehicle or Stand Business means a Business operating one or more
Food Vehicles or Stands (including a combination of both).
2.12 Licence means a licence to engage in a Business issued under this By-law and
the term "Licensed" has a corresponding meaning;
2.13 Licenced Premises means the premises and each of the vehicles from which a
Business is to be operated, as indicated on an issued Licence;
2.14 Licensee means a Person licensed under this By-law;
2.15 Licencing Officer means the Director of Legislative Services of the Township
of Wellington North and/or designate;
2.16 Medical Officer of Health means the Medical Officer of Health, or his or her
designate, of Wellington-Dufferin-Guelph Public Health, or its successors;
2.17 MLEO means a Person appointed as a Municipal Law Enforcement Officer by
Council pursuant to section 15 of the Police Services Act, R.S.O. 1990, c. P.15,
as amended;
2.18 Person includes an individual, firm, corporation, association or partnership; and
2.19 Township means The Corporation of the Township of Wellington North.
3. EXEMPTIONS
3.1
Minor sports organizations, local service clubs and organizations, youth
activities and clubs, school fundraisers, religious organizations and events held
in conjunction with the municipality and or events that are deemed municipally
significant pursuant to the regulations made under the Liquor Licence and
Control Act, 2019, S.O. 2019 c. 15, Sched 22, as amended, shall be exempt
from the requirements of section 4 of this By-law.
4 REQUIREMENT FOR LICENCE
4.1
Subject to the exemptions in section 3, no Person shall operate a Business
listed in section 4.2, or hold themselves out as being Licensed to operate such a
Business, in any of the following manners:
(a) without a Licence for the Business;
(b) at a location other than one to which a Licence applies;
(c)
under any other name than the one endorsed on the issued Licence;
(d) without complying with each provision of this By-law; and
(e) without complying with all terms of the Licence and all conditions or
restrictions placed on the Licence.
4.2
The prohibitions in section 4.1 apply to the following types of Business:
(a) Food Vehicle or Stand Business;
(b) Donation Box Business; and
(c)
Door to Door Sales.
4.3
A Licensee shall not transfer or assign a Licence.
4.4
For greater certainty, if a Business falls under two or more categories requiring
a Licence, that Business requires a Licence for each category unless this By-
law specifically provides otherwise.
5 APPLICATION REQUIREMENTS
5.1
An Applicant shall submit to the Licensing Officer a completed Application for a
Licence, including:
(a) a complete Application in the form prescribed by the Licensing Officer,
which shall include:
i.
the Applicant's name, business address, phone number, and email
address;
ii. if the Applicant is an individual, government-issued identification; and
iii. if the Applicant is a corporation or partnership:
1. the name, residential address, phone number, and email address
of each Person who is a director, officer or partner; and
2. a statement signed by the Applicant (where the Applicant is an
individual), by an officer (where the Applicant is a corporation), or
by a duly authorized partner (where the Applicant is a
partnership), as applicable, certifying the Application's accuracy
and completeness;
(b) the applicable fee(s) set out in the Township's Fees and Charges By-laws,
as amended;
(c)
if the Applicant is a corporation, a copy of the articles of incorporation, and
any changes or corrections thereto;
(d) if the Applicant is a partnership, a copy of any declaration filed under the
Limited Partnerships Act, R.S.O. 1990, c. L.16; and of government-issued
records confirming any name registration under the Business Names Act,
R.S.O. 1990, c. B.17, together with any changes or corrections to either;
(e) proof of insurance deemed acceptable by the Licensing Officer with a
minimum insurance coverage of two million dollars ($2,000,000) against
loss or damage, including a provision that the Licensing Officer will be
given at least ten days' notice in writing from the insurance company of
any cancellation, expiration or variation in the policy;
(f)
in the case of a Donation Box:
i.
a Canada Revenue Agency charity number, any articles of
incorporation of the charity and detailed information as to how the
charity will benefit from the donated goods;
ii.
a letter of permission signed by the property owner/agent, clearly
identifying the location and zoning of the property on which the
Donation Box is to be located; and
iii. a site plan or similarly detailed plans depicting the proposed location
of the Donation Box;
(g) in the case of a Food Vehicle or Stand Business:
i.
a letter of permission signed by the property owner/agent, clearly
identifying the location and zoning of the property on which each
Food Vehicle or Stand is to be located;
ii.
a site plan or similarly detailed plans depicting the proposed location
of each Food Vehicle or Stand;
iii. a certificate or letter from a Public Health Unit in Ontario indicating
approval for each Food Vehicle or Stand;
iv. an inspection report from a Fire Chief in the Province of Ontario,
approving the vehicle for operation as a Food Vehicle or Stand and
approving any use of propane or natural gas;
v.
a Driver Record Search issued by Ministry of Transportation for every
individual permitted to drive a Food Vehicle;
vi. a valid Ontario Driver's Licence for the relevant class of vehicle, for
every individual permitted to drive a Food Vehicle; and
vii. any Commercial Vehicle Operator's Registration for each Food
Vehicle if required under the Highway Traffic Act, R.S.O. 1990, c. H.8
or its regulations, as amended; and
(h) other information as required by the Licensing Officer.
5.2
In order to amend or renew a Licence, an Applicant shall submit to the
Licensing Officer:
(a) a complete renewal Application in the form prescribed by the Licensing
Officer;
(b) the applicable fee(s) set out in the Township's Fees and Charges By-law,
as amended; and
(c)
such other documents as the Licensing Officer may require.
5.3
Every Application for a Licence or renewal shall be delivered to the Licensing
Officer at least seven (7) days in advance of requiring a Licence or renewal. For
greater certainty, processing time may vary between Applications and may
exceed that period.
5.4
The Licensing Officer has discretion to review or waive any documentary
requirements not related to public safety or consumer protection.
5.5
A Person shall not provide false or misleading information in respect of a
Licence or Application, including (without limitation):
(a) in applying for or renewing a Licence; or
(b) in updating the Township's information with respect to an issued Licence.
6 ISSUANCE AND GROUNDS FOR REFUSAL
6.1
Council hereby delegates decision-making authority to the Licensing Officer with
regards to the issuance (with or without conditions), denial, revocation and
suspension of Licences under this By-law, as Council is of the opinion that the
delegated powers are of a minor nature.
6.2
The Licensing Officer shall receive and process all completed Applications for
Licences and Licence renewals.
6.3
The Licensing Officer shall issue a Licence or Licence renewal to any Person
who meets the requirements of this By-law, except where:
(a) the Licensing Officer reasonably believes:
i.
that the Applicant will not carry on the Applicant's Business with
integrity and honesty, and in compliance with Applicable Law;
ii.
that the Business will likely be adverse to the public interest;
iii. that the Business will likely threaten the health or safety of the public;
or
iv. that the Application contains false or misleading information;
(b) one or more of the Departments (defined below) has reviewed the
Application in whole or part pursuant to this By-law and has withheld
approval of the Application;
(c)
the premises named in the Application are subject to an Order or Orders
made pursuant to Applicable Law, including (without limitation) the
Building Code Act, 1992, as amended; the Fire Protection and Prevention
Act, as amended; or the Health Protection and Promotion Act, as
amended;
(d) the Applicant or any officer, director, or partner thereof is indebted to the
Township by way of fines, penalties, judgments, outstanding property
taxes, or any other amounts owing; or
(e) the Applicant or any officer, director, or partner thereof has been
convicted, within the past five years, of:
i.
a criminal offence for which a pardon has not been granted; or
ii.
a regulatory offence in any way related to the Business.
6.4
Prior to issuance of a Licence or amended or renewed Licence for a Donation
Box or Food Vehicle or Stand Business that includes a change in location of
operation, the Licensing Officer circulate the address and site plan or other
drawing to the following departments for comment and approval:
(a) the Clerk's Department;
(b) Township's Building Department;
(c)
the Township's Fire Service; and
(d) the Township's Operations Department (collectively, the "Departments").
6.5
Prior to issuance of a Licence or amended or renewed Licence, the Licensing
Officer shall seek comment on and approval of the Application from one or
more of the Departments as deemed applicable by the Licensing Officer.
6.6
The Licensing Officer shall generally perform all administrative functions
conferred upon the Licensing Officer by this By-law.
6.7
At the time of issuance or at any time during the term of a Licence, the Licensing
Officer may impose such conditions as the Licensing Officer considers
appropriate, based on any of the grounds set out in section 6.3 of this By-law.
6.8
A Licence issued pursuant to this By-law applies only to the Licensee, Business,
Licenced Premises, and any geographic restrictions described therein, and is
non-transferrable. For greater certainty, and without limitation, a Licence
immediately becomes void if the ownership or operation of the subject Business
is transferred from the Licensee to another Person without prior amendment.
6.9
Where the Licensing Officer has decided to deny an Application or to impose
conditions on a Licence, the Licensing Officer shall within five (5) days of that
decision provide notice to the Applicant or Licensee, and of the option and
deadline for appeal.
6.10 Unless otherwise provided in this By-law, applicable fees will not be refunded,
including (without limitation) in the event that an Application is withdrawn or a
Licence is not issued.
7 OPERATING REQUIREMENTS
7.1
Every Licensee shall, at all times during the term of the Licence:
(a) post the Licence in a conspicuous place at the Licenced Premises;
(b) if permitted to carry on a Business outside of the Licenced Premises, keep
a copy of the Licence wherever the Licensee is carrying on Business;
(c)
produce the Licence when required by a person conducting an inspection
pursuant to this By-law;
(d) carry on business only in the name set out on the Licence;
(e) notify the Licensing Officer immediately of any change in information
provided as part of an initial Application or renewal Application;
(f)
maintain insurance policies acceptable to the Licensing Officer;
(g) comply with Applicable Law, including (without limitation) the Township's
Zoning By-laws, as amended; and
(h) comply with the conditions and restrictions placed on the Licence.
7.2
Prior to any change in the place of operation of a Food Vehicle or Stand, the
Licensee shall obtain an amendment to the Licence from the Township, and
shall submit to the Licensing Officer:
(a) in the case of privately owned lands, a letter of permission signed by the
property owner/agent, clearly identifying the location and zoning of the
property on which the Food Vehicle is to be located/conducted;
(b) a site plan or similarly detailed plans depicting the proposed location of the
Food Vehicle; and
(c)
such other documents as the Licensing Officer may require.
7.3
A Person carrying on a Donation Box Business shall ensure the name of the
charitable organization, the charitable number and a contact name and
telephone number is displayed on a Donation Box.
7.4
Donation Boxes shall:
(a) not exceed 48"x48"x75" high in size;
(b) be constructed of metal;
(c)
be kept in a state of good repair;
(d) be emptied once a week between the hours of 7:00 am to 7:00 pm.
Monday to Friday; and
(e) be cleared of surrounding snow to provide for access.
7.5
A Licensee may not locate its business on any Township-owned property
unless it is being held in connection with an approved community event or
exhibition, during the defined community event or exhibition or with the written
permission of the Township.
7.6
No Person shall conduct Door to Door Sales at any location without prior
permission from the landowner or tenant of the premises.
7.7
A Licensee shall not permit the pick up of donated goods from Donation Boxes
between the hours of 7:00 pm and 7:00 am.
7.8
A Licensee shall keep the area on which the Donation Box is located clean,
sanitary, and free of dumping.
7.9
A Licensee shall not use any noise-making device in the conduct or operation of
its business.
7.10 A Licensee shall keep each Food Vehicle or Stand and the property on which
they are located clean and sanitary and shall provide a metal refuse container
with a self-closing lid; emptied at least once daily and ensure all waste is
placed in the waste receptacle.
7.11 No officer, director, partner, or employee of a Licensee shall authorize, permit
or acquiesce in the Licensee's contravention of any requirement under this By-
law.
8 TERM OF LICENCE
8.1
Except where otherwise provided in this By-law, a Licence issued or renewed
under this By-law shall be for the calendar year of issuance or renewal and,
unless it is forfeited, revoked or renewed, shall expire on December 31st.
9 REVOCATION AND SUSPENSION
9.1
Subject to section 9.3 of this By-law, the Licensing Officer may revoke or
suspend a Licence at any time, without a hearing, where:
(a) the Licensing Officer reasonably believes:
i.
that the Applicant has not carried on its Business with integrity and
honesty, and in compliance with Applicable Law;
ii.
that the Business has been or will be adverse to the public interest;
iii.
that the Business has threatened or will threaten any property, or the
health or safety of any Person; or
iv.
that Licence contains, or was issued at least partly because of, false
or misleading information;
(b) the premises named in the Application are subject to an Order or Orders
made pursuant to Applicable Law, including (without limitation) the
Building Code Act, 1992, as amended; the Fire Protection and Prevention
Act, as amended; or the Health Protection and Promotion Act, as
amended;
(c)
the Applicant or any officer, director, or partner thereof is indebted to the
Township by way of fines, penalties, judgments, outstanding property
taxes, or any other amounts owing;
(d) the Applicant or any officer, director, or partner thereof is convicted of:
i.
a criminal offence for which a pardon has not been granted; or
ii.
a regulatory offence in any way related to the Business;
(e) a Licence was issued in error; or
(f)
otherwise authorized by this By-law.
9.2
Without limiting other provisions of this By-law, the Licensing Officer may
suspend or restrict a Licence for up to 28 days, without a hearing, in order to
accommodate any of the following on the property owned by the Township or of
any local board of the Township (as "local board" is defined at section 1 of the
Municipal Act):
(a) the holding of a special event or community festival;
(b) the construction, maintenance or repair of property;
(c)
the installation, maintenance or repair of a public utility or service;
(d) pedestrian, vehicular or public safety; or
(e) public health.
9.3
In the case of a suspension based on an immediate danger to any property or
to the health and safety of any Person:
(a) before suspending the Licence, the Licensing Officer shall provide the
Licensee with oral or written reasons for the suspension, and an
opportunity to respond to them; and
(b) the Licensing Officer shall limit the duration of the suspension to fourteen
(14) days.
9.4
Where the Licensing Officer has decided to suspend or revoke a Licence under
section 9.1 of this By-law, the Licensing Officer shall provide notice to the
Licensee of that decision, and of the option and deadline for appeal, at some
reasonable time prior to the revocation or suspension.
10 CANNABIS RETAIL STORES
10.1
The minimum distance between a Cannabis Retail Store, as defined under the
Cannabis Licence Act, 2018, S.O. 2018, c. 12, Sched. 2, as amended (the
"Cannabis Licence Act", and school or private school, as defined under the
Education Act, R.S.O. 1990, c. E.2, as amended, shall be the greater of:
(a) the distance prescribed by the Cannabis Licence Act or its regulations;
and
(b) 150 metres, measured as follows:
i.
where the school or private school is the primary or only occupant of
a building, between the customer entrance to the Cannabis Retail
Store and the nearest property line of the lands on which the school
or private school is located; and
ii.
where the school or private school is not the primary or only occupant
of a building, between the customer entrance to the Cannabis Retail
Store and the nearest boundary of the space(s) occupied by the
school or private school within its building.
10.2
Schedules A, B and C contain an approximate depiction of the 150-metre
distances described in subsections 10.1(b), but are for information purposes
only and do not replace the measurements required by section 10.1.
11 APPEAL
11.1 Any Person who has been denied a Licence, or the renewal of a Licence, has
had their Licence suspended or revoked under s. 9.1, or has had terms or
conditions imposed on a Licence, may appeal the decision of the Licensing
Officer to Council.
11.2 Council shall give notice or direct that notice be given of the hearing of an
appeal to the appealing Person and such other Persons as Council considers
advisable.
11.3 All appeals shall be submitted:
(a) within twenty-one (21) days after the Applicant has received Notice that of
the Licensing Officer's decision to deny issuing or renewing a Licence or
suspending or revoking a licence or imposing terms or conditions on a
Licence;
(b) in writing;
(c)
to the Township's Clerk;
(d) setting out, in detail, the grounds for the appeal; and
(e) along with the applicable fee, as outlined in the Township's Fees and
Charges By-Laws, as amended.
11.4 Where an appeal is not submitted within the time set out in this section, the
decision of the Licensing Officer will be deemed to be confirmed and no appeal
shall be permitted.
11.5 Council shall hear all appeals.
11.6 On an appeal, Council may confirm, modify or rescind the decision appealed
from, as Council deems most consistent with the general intent and purpose of
this By-law.
11.7 Appeal decisions of Council are final and there is no other appeal mechanism.
12 NOTICES
12.1 Any notice pursuant to this By-law may be given in writing in any of the
following ways and is effective:
(a) on the date on which a copy is delivered to the Person to whom it is
addressed;
(b) on the seventh (7th) day after a copy is sent by prepaid registered mail to
either the Person's last known address or registered corporate address; or
(c)
upon the sending of a copy by email transmission to the Person's last
known email address.
12.2 For the purpose of notices under this By-law, the Person's last known address,
last known facsimile number and last known email address will be deemed to
be those provided pursuant to section 5 of this By-law.
13 INSPECTION
13.1
The Township may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
(a) this By-law;
(b) an order of the Township made under this By-law;
(c)
a condition of a Licence issued under this By-law; or
(d) an order made under section 431 of the Municipal Act.
13.2
For the purposes of conducting an inspection pursuant to section 13.1 of this
By-law, the Township may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)
require information from any Person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
13.3
No Person exercising a power of entry on behalf of the Township shall enter or
remain in any room or place actually being used as a dwelling except in
accordance with Applicable Law, including (without limitation) the Municipal Act.
13.4
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person
who is exercising a power or performing a duty under this By-law.
14 ORDER TO DISCONTINUE ACTIVITY
14.1
Where the Licensing Officer has reasonable grounds to believe that a
contravention of this By-law has occurred, the Licensing Officer may make an
order requiring the Person who contravened this By-law, or who has caused or
permitted the contravention, or the Owner, tenant or occupier of the land on
which the contravention occurred, to discontinue the contravening activity.
14.2
An order under subsection 14.1 of this By-law shall set out:
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
(b) the date by which there must be compliance with the order.
14.3
An order under subsection 14.1 of this By-law may require the discontinuance of
activity even though the facts which constitute the contravention of this By-law
were present before this By-law came into force.
14.4
Any Person who contravenes an order under subsection 14.1 of this By-law is
guilty of an offence.
15 WORK ORDER
15.1
Where the Licensing Officer has reasonable grounds to believe that a
contravention of this By-law has occurred, the Licensing Officer may make an
order requiring the Person who contravened this By-law, or who caused or
permitted the contravention, or the Owner, tenant or occupier of the land on
which the contravention occurred, to do work to correct the contravention.
15.2
An order under subsection 15.1 of this By-law shall set out:
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
(b) the work to be done and the date by which the work must be done.
15.3
An order under subsection 15.1 of this By-law may require work to be done
even though the facts which constitute the contravention of this By-law were
present before this By-law came into force.
15.4
Any Person who contravenes an order under subsection 15.1 of this By-law is
guilty of an offence.
16 REMEDIAL ACTION
16.1
If a Person fails to do a matter or thing, including comply with an order under
this By-law, as directed or required by this By-law, the Township may, in default
of it being done by the Person directed or required to do it, do the matter or
thing at the Person's expense. The Township may recover the costs of doing a
matter or thing from the Person directed or required to do it by action or by
adding the costs to the tax roll and collecting them in the same manner as
municipal taxes.
16.2
The costs outlined in 16.1 of this By-law will include interest calculated at a rate
of fifteen (15) percent per annum, calculated for the period commencing on the
day the Township incurs the costs and ending on the day the costs, including
interest, are paid in full.
16.3
If a Person carrying on a Donation Box Business is found to be in contravention
of this By-law, on written notice by the municipality, the property owner who
issued permission for the siting of the Donation Box on private property, shall
within seven (7) days remove the Donation Box at the property owner's
expense.
16.4
Without limiting the foregoing, if a property owner does not remove a Donation
Box within seven (7) days of receiving written notice, the municipality will
remove the Donation Box and add the cost of removal to the property taxes for
the lands on which the Donation Box was sited.
17 PENALTIES
17.1 This By-law may be enforced by MLEOs, the Medical Officer of Health or police
officers with the Ontario Provincial Police of the County of Wellington.
17.2 Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for by the Provincial
Offences Act, R.S.O., Chapter P. 33, as amended, and all contraventions of this
By-law are designated continuing offences.
17.3 Every Person, other than a corporation, that is convicted of an offence, is liable
to a minimum fine of Three Hundred and Fifty Dollars ($350.00) and a
maximum fine of Twenty-Five Thousand Dollars ($25,000.00) for the first
offence and a maximum fine of Fifty Thousand Dollars ($50,000.00) for a
subsequent offence.
17.4 Every corporation that is convicted of an offence is liable to a minimum fine of
Three Hundred and Fifty dollars ($350.00) and a maximum fine of Fifty
Thousand Dollars ($50,000.00) for the first offence and a maximum fine of One
Hundred Thousand Dollars ($100,000.00) for a subsequent offence.
17.5 In addition to the fine amounts set out in sections 17.3 and 17.4 of this By-law,
for each day or part of a day that an offence continues, the minimum fine shall
be Three Hundred and Fifty dollars ($350.00) and the maximum fine shall be
Ten Thousand Dollars ($10,000.00). The total of all daily fines for the offence is
not limited to One Hundred Thousand Dollars ($100,000.00).
17.6 Pursuant to subsection 447(1) of the Municipal Act, where a Person to which
that subsection applies is convicted of knowingly operating a Business without a
Licence, the Court may order that the premises or part of the premises be
closed to any use for a period not exceeding two (2) years.
17.7 Pursuant to subsection 447(2) of the Municipal Act, where a Person is
convicted of a contravention of this By-law, other than a conviction described in
section 17.5 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 be closed to any use for a period not
exceeding two (2) years.
18 COLLECTION OF UNPAID FINES
18.1 Pursuant to section 441 of the Municipal Act, if any part of a fine for a
contravention of this By-law remains unpaid after the fine becomes due and
payable under section 66 of the Provincial Offences Act including any extension
of time for payment ordered under that section, the Licensing Officer 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 twenty one (21) days after the date of the notice.
18.2 If the fine remains unpaid after the final date specified in the notice, the fine will
be deemed to be unpaid taxes for the purpose of section 351 of the Municipal
Act.
19 REPEAL / TRANSITION
19.1 The Township's Business Licensing By-law No. 058-16, as amended, is
repealed on the day this By-law comes into force and effect.
19.2 Reference to the repealed by-law numbers in any documentation will be
deemed to be reference to this By-law.
19.3 Notwithstanding subsection 19.1 of this By-law, the provisions of the
Township's Business Licensing By-law No. 058-16, as amended, will be
deemed to continue in force and effect with respect to any and all orders,
appeals or prosecutions issued, filed or commenced under that by-law, and any
assessment, rate, charge, tax, fee, liability or penalty outstanding under that by-
law may be collected as if that by-law had not been repealed.
19.4 A licence issued under the Township's Business Licensing By-law No. 058-16
will be deemed a Licence under this By-law and will be subject to all provisions
of this By-law, but will expire on the earlier of the following dates:
(a) the date stated on the licence; or
(b) December 31, 2022.
20 GENERAL
20.1 This By-law will come into force and effect on the date of its final passing.
20.2 Where the time for doing any act expires on a Saturday, Sunday or Public
Holiday, the act may be done on the next business day.
20.3 The schedules which are attached to this By-law form part of this By-law.
SCHEDULE A
SCHEDULE B
SCHEDULE C
The Corporation of the Township of Wellington North
By-law 085-22, as amended
Short Form Wordings and Schedule of Fines
(Page 1 of 1)
Part I Provincial Offences Act
Item
Short Form wording
Provision
Creating or
Defining
Offence
Set Fine
1.
Operating an unlicensed business without a required
license
App. 4.1(a)
$250.00
2.
Operating a business at an unlicensed location
App. 4.1(b)
$250.00
3.
Operating a business under an unlicensed name
App. 4.1(c)
$250.00
4.
Operating a business contrary to licensing requirements
App. 4.1(d)
$250.00
5.
Operating a business contrary to license terms
App. 4.1(e)
$250.00
6.
Providing false or misleading information in respect
of a license or license application
App. 5.5
$250.00
7.
Conducting door to door sales without obtaining owner
or tenant permission
App. 7.6
$500.00
8. Permitting pick up from a donation box outside of
permitted times
App. 7.7
$250.00
Note: The penalty provision for the offences indicated above is Section 17 of By-law No.
085-22, as amended, a certified copy of which has been filed.