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# result(s)

Municipal Act, 2001

ONTARIO REGULATION 583/06

licensing powers

Historical version for the period December 1, 2023 to December 31, 2023.

Last amendment: 185/23.

Legislative History: 140/13, 910/21, 53/22, 364/22, 185/23.

This is the English version of a bilingual regulation.

Conditions and limitations

1. (1) A municipality does not have power, in a business licensing by-law,

(a) to impose any condition with respect to the sale or service of liquor, as defined in the Liquor Licence and Control Act, 2019, as a requirement of obtaining, continuing to hold or renewing a licence issued by the municipality;

(b) to provide for a system of licences with respect to,

(i) a courier business in which parcels and documents are conveyed in vehicles, other than buses and cabs, that are used for hire, or

(ii) the owners or drivers of vehicles used in a courier business described in subclause (i);

(c) to provide for a system of licences with respect to,

(i) a transportation business in which property is conveyed in motor vehicles, other than buses, cabs and tow trucks, that are used for hire, or

Note: On January 1, 2024, subclause 1 (1) (c) (i) of the Regulation is amended by striking out “buses, cabs and tow trucks” and substituting “buses and cabs” (See: O. Reg. 185/23, s. 1 (1))

(ii) the owners or drivers of motor vehicles used in a transportation business described in subclause (i);

(d) to impose any condition with respect to motor vehicles used in a transportation business described in subclause (c) (i);

(e) to impose, as a requirement of obtaining, continuing to hold or renewing a licence, any condition respecting containers for alcoholic beverages, including a condition requiring the vendor of alcoholic beverages to establish, operate or maintain a system or facilities for the return of containers for alcoholic beverages;

(f) to provide for a system of licences with respect to,

(i) the business of trading in real estate, or

(ii) persons registered under the Trust in Real Estate Services Act, 2002 who are carrying on business as brokers, salespersons or brokerages;

(g) to provide for a system of licences with respect to electricians, master electricians or electrical contractors;

(h) to impose on any business or individual carrying on or engaged in a compulsory trade any condition that requires an individual carrying on or engaged in the trade to complete examinations in relation to, or obtain any certificate issued by or on behalf of the municipality in relation to, his or her competence to perform the trade if he or she holds a certificate of qualification in that trade under the Building Opportunities in the Skilled Trades Act, 2021 and the certificate of qualification is not suspended.  O. Reg. 583/06, s. 1 (1); O. Reg. 140/13, s. 1; O. Reg. 910/21, s. 1; O. Reg. 53/22, s. 1; O. Reg. 364/22, s. 1.

Note: On January 1, 2024, subsection 1 (1) of the Regulation is amended by adding the following clause: (See: O. Reg. 185/23, s. 1 (2))

(i) to provide for a system of licences with respect to tow operators or vehicle storage operators.

(2) In clause (1) (f), the following terms have the same meaning as in section 1 of the Trust in Real Estate Services Act, 2002:

1. Broker.

2. Brokerage.

3. Real estate.

4. Salesperson.

5. Trade.  O. Reg. 583/06, s. 1 (2); O. Reg. 364/22, s. 1.

Note: On January 1, 2024, section 1 of the Regulation is amended by adding the following subsection: (See: O. Reg. 185/23, s. 1 (3))

(3) In clause (1) (i), the terms “tow operator” and “vehicle storage operator” have the same meaning as in section 1 of the Towing and Storage Safety and Enforcement Act, 2021. O. Reg. 185/23, s. 1 (3).

Ottawa, plumbing trade

2. (1) The City of Ottawa does not have power to pass a business licensing by-law to impose on any individual carrying on or engaged in the trade of plumbing any condition that requires the individual to complete examinations in relation to, or obtain any certificate issued by or on behalf of the city in relation to, his or her competence to perform plumbing work and act in a supervisory capacity on a construction site where plumbing work is being performed as a condition of obtaining, continuing to hold or renewing a licence as a plumber if,

(a) the individual has successfully completed the examination of skills related to managing construction work required by the Quebec Building Board in the category of specialized contractor, subcategory 4285.14 plumbing contractor; and

(b) the individual has obtained a certificate from the director of the Jobs Protection Office of the Ministry of Labour confirming that the requirement in clause (a) has been met.  O. Reg. 583/06, s. 2 (1).

(2) The restriction on the power to pass by-laws set out in subsection (1) applies irrespective of whether the by-law characterizes the licences as being for master plumbers or uses other terms categorizing licences by the level of seniority or experience.  O. Reg. 583/06, s. 2 (2).

3. Omitted (revokes other Regulations).  O. Reg. 583/06, s. 3.

4. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 583/06, s. 4.