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O. Reg. 583/06: Licensing Powers

filed December 27, 2006 under Municipal Act, 2001, S.O. 2001, c. 25

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ontario regulation 583/06

made under the

Municipal act, 2001

Made: December 21, 2006
Filed: December 27, 2006
Published on e-Laws: December 29, 2006
Printed in The Ontario Gazette: January 13, 2007

licensing powers

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 Act, as a requirement of obtaining, continuing to hold or renewing a licence issued by the municipality;

(b) to provide for a system of licenses 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 licenses 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

(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 licenses with respect to,

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

(ii) persons registered under the Real Estate and Business Brokers Act, 2002 who are carrying on business as brokers, salespersons or brokerages;

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

(h) to impose on any business or individual carrying on or engaged in a trade, other occupation or skill set any condition that requires an individual carrying on or engaged in the trade, other occupation or skill set 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, other occupation or skill set if the individual holds a certificate in that trade, occupation or skill set under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998.

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

1. Broker.

2. Brokerage.

3. Real estate.

4. Salesperson.

5. Trade.

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.

(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.

Revocation

3. Ontario Regulation 243/02 is revoked.

Commencement

4. This Regulation comes into force on the later of the day it is filed and the day section 82 of Schedule A to the Municipal Statute Law Amendment Act, 2006 comes into force.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

John Philip Gerretsen

Minister of Municipal Affairs and Housing

Date made: December 21, 2006.
Pris le : 21 décembre 2006.

 

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