Section 1 - License required
- A person selling, or putting up for sale, goods, wares, merchandise or effects or livestock by public auction shall obtain a license so to do.
- The following licenses may be issued:
- a License "A" to an auctioneer for a license period of one (1) year, and
- a License "B" to an auctioneer for a specific license period based on the number of days of the public auction.
Section 2 - Conditions for issuance of auctioneer's license
- No applicant for an Auctioneer's License shall be issued a license unless:
- the applicant is at least eighteen (18) years of age, (By-law 2023-516)
- repealed (By-law 2003-311)
Section 3 to 6 - Regulations
Section 3
No auctioneer shall conduct or permit to be conducted in his or her premises any mock auction, or knowingly or willingly permit to be made any misrepresentations as to the quality, or value of any goods, wares, merchandise or effects which may be offered for sale by him or her.
Section 3A
No auctioneer shall conduct an auction in a place, building, structure or tent that is not in compliance with the zoning, building and property standards requirements of the City. (By-law 2003-311)
Section 4
Every person who exercises the business of an auctioneer shall at the place of each auction, prominently display his or her name and business address, and shall in all public advertisements of any nature used in the course of the business include his or her name and business address in such advertisement.
Section 5
- No auctioneer shall,
- do any act that is calculated to or which may reasonably have the effects of confusing a purchaser as to the amount he or she pays for any article or articles,
- avail himself or herself of the services of or act in concert with persons known in the trade as "beaters", "boosters" or "shills" for the purpose of raising or stimulating bids,
- sell or put up for sale by auction any goods, wares, merchandise or effects on a reserve bid basis without first having announced clearly to those in attendance at the auction the fact of such reserve bid, or
- advertise for sale prior to the auction any goods or merchandise which are not available for sale at the time, date and place of the auction.
Section 6
Every licensee shall ensure that all stationery, forms, bills, invoices, statements and any other printed or written advertising material including any published advertisement in a newspaper used in the course of business, bears his or her name, and business address.
Section 7 - Transaction records
- Every auctioneer shall keep proper books of account of the business transacted by him or her as an auctioneer, which books shall include:
- the names and addresses of the owners of the goods, wares or merchandise to be sold, and the description of same,
- the price for which the same may be sold,
- the names and addresses of the persons purchasing such goods, wares and merchandise, or any portion thereof.
- Every auctioneer shall forthwith, after the sale of the goods, wares or merchandise, or any portion thereof, account for the proceeds and pay the same to the person or persons entitled to such proceeds, less his or her legal commissions and charges; and shall in case no sale is made of such goods, on payment of his or her proper costs and charges, return such goods to the person or persons entitled to receive the same on property demand being made therefore, provided that this section shall not in any way affect or invalidate the claim of any auctioneer for goods warehoused with him or her, and on which he or she shall have made advances.
Section 8 - Transfers
An auctioneer's license shall not be transferable except where the license is held by a partnership or duly incorporated company, for and on behalf of an individual, and it is deemed necessary by such partnership or company to dispense with the services of the individual in question and to nominate some other person in his or her place and stead, in accordance with the provisions of Section 20 of the general provisions.
Section 9 and 10 - Exemptions
Section 9
This by-law does not apply to a sheriff or bailiff offering for sale goods or chattels seized under an execution or distrained for rent.
Section 10
This by-law does not apply to a person licensed to engage in the business of operating community sales of livestock under the Livestock and Community Sales Act R.S.O. 1990, Chap. L.22.
Section 1 - License required
- The following types of licenses may be issued:
- License "A" to a Driving School Operator,
- License "B" to a Driving Instructor.
Section 2 - Conditions for issuance of a driving school operator's license
- No applicant for a Driving School Operator's License "A" shall be issued a license unless:
- the applicant is engaged in the business of a driving school operator,
- the applicant is at least eighteen (18) years of age,
- the premises from which it is proposed to carry on the business,
- are located in Ontario, and
- comply with the zoning, building and property standards requirements of the City if situated within the City,
- the applicant has filed proof of insurance for each of the motor vehicles to be used in the business in accordance with the requirements of Section 9 hereof,
- the applicant has filed a declaration stating the make, model serial number and Ontario registration permit number issued pursuant to the Highway Traffic Act for each of the motor vehicles to be used in the business,
- the applicant has filed a safety standards certificate for each of the motor vehicles to be used in the business, except in the case of a new motor vehicle obtained directly from a motor vehicle agency within six (6) months from the effective date of the motor vehicle registration,
- the motor vehicles to be used in the business have been inspected by the Chief License Inspector and comply with Section 7 hereof, and the applicant has paid the inspection fee, as applicable,
- the applicant has filed a declaration stating the name and address of each driving instructor who is teaching in the business,
- each driving instructor listed in the declaration referred to in paragraph (h) holds a valid Driving Instructor's License "B" of the City, and
- the Chief of Police has reported in writing as to the good character of the applicant.
- No applicant for a Driving Instructor's License "B" shall be issued a license unless:
- the applicant is the holder of a current driving instructor's license issued pursuant to the Highway Traffic Act, and
- the Chief of Police has reported in writing as to the good character of the applicant.
Section 3 and 4 - General conditions for issuance of a license
Section 3
Upon application in accordance with the provisions of this by-law, a person may be the holder of a License "A" and a License "B".
Section 4
A separate driving school operator's license shall be obtained for each separate business address.
Section 5 - Issuance of license
Upon issuance of a Driving School Operator's License "A", the Chief License Inspector shall furnish to the licensee, in addition to the license, one (1) decal bearing the letter "D" for each of the motor vehicles to be used in the business, except where a decal has already been furnished for any of the said motor vehicles.
Section 6 - Display of decal
Every licensed driving school operator shall ensure that the decal furnished pursuant to Section 5 is properly affixed to the upper right corner of the rear window of the driving instruction motor vehicle for which it has been issued within twenty-four (24) hours of it being furnished by the Chief License Inspector so as to be clearly visible from outside of the vehicle during the currency of the license. (By-law 2004-491)
Section 7 and 8 - Vehicle standards
Section 7
- Every driving school operator shall ensure that every motor vehicle used in his or her business is:
- equipped with a dual control braking system in good working order placed in a position for ready use by the instructor seated beside the student driver,
- maintained in good repair so that it is mechanically safe,
- maintained so that it does not have body damage with sharp edges, holes in floorboards, unserviceable tires, doors not closing properly, wire protruding from the seat, or any other mechanical defect that would render the motor vehicle unsafe,
- ensure that the motor vehicle is maintained,
- in a clean condition as to its exterior, and
- in a clean and dry condition as to its interior,
- ensure that the interior of the motor vehicle is free of articles left by passengers,
- equipped with snow tires or all-season radial tires from November 1 to March 31, and
- equipped with a plastic roof sign that shall,
- have the name of the driving school on the front and back of the sign,
- be at least twenty (20) centimetres high by sixty-five (65) centimetres wide,
- be lighted, and
- be securely affixed to the roof of the motor vehicle, except that the roof sign may be removed when the vehicle is not being used for the purposes of driving instruction in his or her business.
Section 8
No driving instructor shall use a motor vehicle that does not comply with Section 7 for teaching a person to operate a motor vehicle.
Section 9 - Insurance
Every driving school operator shall file with the Chief License Inspector proof of insurance for motor vehicle liability, endorsed to include Ontario Policy Change Form (OPCF) 6D for "Driver Training School" operations, in the amount of not less than Two Million ($2,000,000.00) Dollars inclusive per occurrence for bodily injuries, property damage and accident benefits, and including damage occasioned by any accident arising out of the operation of any motor vehicle to be used in the business in respect of which a license is applied for; such insurance policy shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage.
Section 10 to 17 - General regulations
Section 10
No driving school operator shall permit or allow any motor vehicle to be used in his or her business that is not listed in the declaration filed with the Chief License Inspector pursuant to paragraph (e) of subsection (1) of Section 2 hereof or added to the declaration pursuant to Section 12 hereof.
Section 11
No driving instructor shall use any motor vehicle that is not listed in the declaration filed by the driving school operator with whom he or she is affiliated pursuant to paragraph (e) of subsection (1) of Section 2 hereof or added to the declaration pursuant to Section 12 hereof for teaching a person to operate a motor vehicle.
Section 12
- Where a licensed driving school operator requests to add a motor vehicle to the declaration filed pursuant to paragraph (e) of subsection (1) of Section 2 hereof, the motor vehicle shall first be inspected by the Chief License Inspector and shall comply with Section 7 hereof, and the operator shall pay the inspection fee, as applicable.
- Where a motor vehicle has been inspected by the Chief License Inspector and found to comply with Section 7 hereof pursuant to subsection (1), the Chief License Inspector shall furnish one (1) decal for the motor vehicle to be affixed to the motor vehicle in the manner prescribed by Section 6 hereof. (By-law 2004-491)
Section 13
No licensee shall take a license decal from one vehicle and affix it to another vehicle that is not approved for licensing purposes.
Section 14
No driving school operator shall permit or allow any person other than a driving instructor licensed pursuant to this by-law to do any driving instruction in the City.
Section 15
Every driving school operator shall advise the Chief License Inspector of all changes in his or her staff or affiliates of licensed instructors within seven (7) days of the occurrence of such change.
Section 16
No licensee shall instruct or cause instruction to be given to any student driver unless the student driver is the holder of a valid driver's license or temporary instruction permit issued pursuant to the said Highway Traffic Act. Section
Section 17
A student driver may request that he or she be accompanied by one (1) person other than the driving school instructor and the driving school instructor shall ensure that the request is complied with and the other person shall be seated in the back seat of the motor vehicle.
Section 18 - Transfer of license
No driving school instructor's license shall be transferable.
Section 19 - Exemption
This Schedule does not apply to persons who own or operate a private vocational school that offers training in the operation of transport trucks and their driving instructors.
Sections 20 and 21 - Prohibited areas
Section 20
No licensee shall offer or provide or permit the offering or provision of driving instruction within the areas:
- bounded on the south by the north side of Montreal Road, on the east by the west side of Shefford Road, on the north by the Rockcliffe Parkway and on the west by the east side of Blair Road more particularly described in Appendix “A” and hereinafter referred to as “Area A”; or,
- bounded on the south by the north side of Kitchener Avenue, on the east by the west side of Albion Road, on the north by the south side of Walkley Road and on the west by the east side of Bank Street more particularly described in Appendix “B” and hereinafter referred to as “Area B”.
- repealed (By-law 2024-274)
Section 21
Section 20 shall not apply to:
- a licensee engaged in picking up or dropping off a student driver in Area A or Area B; and, (By-law 2024-274)
- an official of the Ministry of Transportation when conducting the driving exam in a driving school vehicle.
Section 1 and 2 - License required
Section 1
A separate license shall be obtained in respect of each premises to be operated pursuant to this by-law. (By-law 2003-311)
Section 2
Every person required to obtain a license shall indicate on the license application whether an automotive sales or leasing establishment, an automotive service station, a car washing establishment, a gas station, a motor vehicle repair or body shop or a parking lot are operating on the premise.
Section 3 - Conditions for issuance of a public garage license
- No applicant for a Public Garage license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the public garage complies with the zoning, building, sewer and property standards requirement of the City,
- the Fire Chief has reported in writing that the premises are suitable for the purpose of a public garage and comply with the fire regulations,
- in the case of an automotive service center, a car washing establishment or a motor vehicle repair or body shop, a certificate of approval issued pursuant to the Environmental Protection Act is provided in respect of any plant, structure, equipment, apparatus or mechanism to be used in the operation of such an establishment where the obtaining of such a certificate is required by the provisions of the Act, and
- the applicant has paid the fees set out in Schedule "A" entitled "Relating to Fees". (By-law 2023-516)
Section 3A
Despite Section 3, the Chief License Inspector may waive any or all of the requirements listed in paragraphs (b), (c) or (d) of Section 3 where the Chief License Inspector determines that any or all of the requirements of these paragraphs do not apply. (By-law 2003-311)
Section 4 - Insurance
Every licensee shall file with the Chief License Inspector proof of insurance of Comprehensive/General Liability insurance coverage subject to a limit of not less than One Million dollars ($1,000,000.00) per occurrence for bodily injury, death and damage to property arising out of the operation of the public garage.
Section 5 - License expiry date
Every public garage license shall expire on April 30 of each year.
Section 6 to 18 - General regulations
Section 6
Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 7
- No person licensed under this schedule shall use or permit the land of the public garage to be used, except in an enclosed building, for:
- the purpose of storing motor vehicles which are in a state of disrepair for a period in excess of 30 days, except where he or she is required to retain the motor vehicle for a longer period by law, or
- vulcanizing tires or tubes.
Section 8
No licensee shall permit the engine of a motor vehicle in any building to run, whether on a frame or in a motor vehicle while stationary, unless adequate ventilation is provided to ensure dilution of any carbon monoxide fumes.
Section 9
No licensee shall store, permit to be stored, park or permit to be stored or parked at the public garage any trailer used for human habitation while so stored or parked;
Section 10
No licensee shall permit lighting at the public garage;
- to reflect on to residential property,
- to interfere or distract the driver of a motor vehicle on a street, or
- to appear to be the headlamps of an oncoming vehicle.
Section 11
Every licensee shall, where snow storage is not prohibited, restrict the height of snow within the perimeter of the premises to a maximum height of three (3) metres save and except in an area which is within eight (8) metres of the street allowance in which case the height of the snow shall not exceed one (1) metre;
Section 12
No licensee shall permit snow or ice originating from the licensed premises to be deposited on any abutting street or sidewalk;
Section 13
Every licensee shall keep the premises in a clean and neat condition, free from debris, snow, ice, dirt rubbish or other foreign substances derived from the licensed premises or resulting from the use of the licensed premises;
Section 14
Every licensee shall ensure that the outdoor storage of material or waste be properly screened so as to not likely disturb the neighbourhood.
Section 15
Every licensee shall ensure that grease, fuel or other fuels derived from the operation of the licensed premises are not permitted to drain into storm sewer catch basin.
Section 16
No licensee shall permit any portable sign to be located on the premises without a license to do so issued by the City; (By-law No. 2023-516)
Section 17
No licensee shall permit any refreshment vehicle to be stored or parked on the licensed premises for the purpose of serving refreshment therefrom, unless the owner or operator of the refreshment vehicle has complied with all applicable by-laws of the City.
Section 18
Every licensee shall ensure that any sidewalk or road allowance upon which the premises abut remain free and clear from all dirt and other foreign substance resulting from the use or occupation of the premises.
Section 19 - Additional requirements for a parking lot
Every licensee of a parking lot shall:
- report to the Police Service, of any motor vehicle, which he or she may have reason to suspect is either stolen or abandoned,
- display, in a conspicuous place at or upon the premises, a sign or signs of a design which is not misleading, and bearing,
- in letters and figures of uniform size, but not less than 6 cm in height, the various rates or charges for parking or storing of vehicles and the amount of any deposit required on entering the lot, and
- in readily legible letters, the hours during which the premises are open for business, the business name, address and phone number;
- ensure that the sign is placed at every entrance so that it is visible to any person driving a motor vehicle prior to entering the lot with the motor vehicle,
- except in the case of a metered or automatically controlled parking station or parking lot, ensure that a competent attendant is on duty at all times during the business hours indicated on the sign hereinbefore mentioned, and
- when no parking spaces are available, ensure that a suitable sign is prominently displayed at the each entrance announcing that fact. (By-law 2003-311)
Section 20 - Exemption
- This by-law shall not apply to a parking lot operated by a charitable organization provided that all compensation received from the parking lot is intended to go to the charitable organization and the charitable organization has a Revenue Canada number. (By-law 2006-81)
- This by-law shall not apply to a parking lot operated by a not-for-profit organization provided that all compensation received from the parking lot goes to the not-for-profit organization and the not-for-profit organization is operated solely for the cultural or religious goals, civic improvement, recreation, amateur sport or similar community enhancement initiatives. (By-law 2006-81)
Section 21 - Requirements for the storage of towed vehicles (By-law 2021-316)
Repealed. (By-law 2024-107)
Section 1 - License Required
Every snow plow contractor shall obtain a snow plow contractor’s license.
Section 2 - Exemptions
- This schedule does not apply to :
- persons engaged in the business of clearing snow with a hand-held snow shovel or snow-blowing equipment that does not require a vehicle for operation, or
- bona fide farmers clearing or removing snow in the rural area as a normal farm practice.
Section 3 - Conditions for issuance or renewal of a snow plow contractor license
- No snow plow contractor's license shall be issued or renewed unless the applicant:
- is at least eighteen (18) years of age,
- has provided an address within the National Capital Region accessible from the street to which the public has reasonable access to make inquiries in person about the business,
- has filed proof of insurance for each snow plow to be used in the business in accordance with the requirements of Sections 5 and 6,
- has registered each snow plow used in the business by filing a list indicating for each snow plow, the make, model, year, and the Motor Vehicle Plate Number or, where a Motor Vehicle Plate is not issued pursuant to the Highway Traffic Act (Ontario), the Vehicle Identification Number;
- has filed proof of good repair for each snow plow used in the business; and
- has completed and filed an application prescribed by the Chief License Inspection.
Section 4 - Indemnification
Every licensee under this Schedule agrees to indemnify and save harmless the City of Ottawa from any and all claims, demands, causes of action, losses, costs or damages that the City of Ottawa may suffer, incur, or be liable for resulting from the performance or non-performance by the applicant or licensee of the requirements and obligations under this by-law, whether with or without negligence on the part of the applicant or licensee, their employees, directors and agents
Sections 5 to 6 - Insurance
Section 5
With respect to every vehicle required to be licensed under the Highway Traffic Act (Ontario), every Snow Plow Contractor shall file proof of Motor Vehicle Liability insurance coverage subject to a limit of not less than two million dollars ($2,000,000.00); such insurance coverage shall be inclusive per occurrence for bodily injury, death, accident benefits and including damage to property occasioned by any accident arising out of the plowing operation of any licensed motor vehicle to be used in the business in respect of which a licence is applied for.
Section 6
With respect to vehicles and equipment not required to be licensed under the Highway Traffic Act (Ontario), every Snow Plow Contractor shall file proof of Comprehensive/Commercial General Liability insurance coverage subject to a limit of not less than two million dollars ($2,000,000.00); such insurance coverage shall be inclusive per occurrence for bodily injury, death, accident benefits and including damage to property occasioned by any accident arising out of the plowing operation of any unlicensed vehicle and equipment to be used in the business in respect of which a licence is applied for.
Section 7 - Production of licence
Every Snow Plow Operator shall surrender their driver’s licence or vehicle permit issued under the Highway Traffic Act (Ontario) or under the law of another jurisdiction for inspection when requested by the Chief License Inspector or their designate, Municipal Law Enforcement Officer, or police officer.
Section 8 - Registration of snow plows
- Every licensee shall register additional snow plows or remove a snow plow from the register referred to in clause 3(d) by complying with the requirements set out in clauses 3(c), 3(d), and 3(e) for issuance or renewal.
- Every licensee shall ensure that every snow plow used in the business is registered with the Chief License Inspector pursuant to clause 3(d) or subsection 8(1).
Sections 9 to 16 - Snow plow plate
Section 9
Upon issuance of a Snow Plow Contractor’s licence, the Chief License Inspector shall furnish to the licensee one (1) snow plow plate and validation sticker bearing the year of issuance for each snow plow registered under subsection 3(d) or added to the register under subsection 8(1).
Section 10
Upon renewal of a Snow Plow Contractor’s licence, the Chief License Inspector shall furnish to the licensee one (1) validation sticker bearing the appropriate licensing year for each snow plow registered under subsection 3(d) or added to the register under subsection 8(1).
Section 11
Every licensee who removes a snow plow from the register pursuant to subsection 8(1) shall return the snow plow plate furnished by the Chief License Inspector.
Section 12
Every licensee shall return the plate furnished by the Chief License Inspector for each snow plow that is no longer in service or used in the licensee’s business.
Section 13
All snow plow plates remain at all times the sole and exclusive property of the City of Ottawa and shall be removed and returned to the City at the request of the Chief License Inspector.
Section 14
Any licence, snow plow plate, or validation sticker issued under this by-law is not transferable.
Section 15
Every licensee shall ensure that the snow plow plate bearing the appropriate validation sticker furnished pursuant to Section 9 or is securely attached to the rear of the snow plow so as to be clearly visible to the public during the currency of the licence.
Section 16
Every licensee shall ensure the snow plow plate bearing the appropriate validation sticker is clearly visible to the public at all times.
Section 17 - Transaction records
- Every licensee shall ensure that a record is made in a ledger book with the entries transcribed in ink in a clear and legible manner, or in a recording system approved by the Chief License Inspector, indicating:
- the municipal address of every site for which a snow plowing or snow removal contract has been entered into;
- the name and address of the person who entered into the snow plowing or snow removal contract referred to in clause 17(1)(a);
- the day, month, year, and time of every snow plowing or snow removal activity;
- the Snow Plow Operator performing the snow plowing or snow removal activity; and
- the snow plow plate number of the snow plow used in performing the snow plowing or snow removal activity.
- Every licensee shall ensure that the records referred to in subsection 17(1) are retained for a period of ninety (90) days.
- Every licensee shall ensure that, when requested by the Chief License Inspector at any time during business hours, the records referred to in subsection 17(1) are produced for inspection and that the Chief License Inspector is permitted to remove any transaction record from the premises for the purpose of photocopying or for use in any court or other proceedings.
Sections 18 and 19 - Vehicle signage standards
Section 18
Every snow plow shall have attached to or painted on both sides a sign clearly showing the name and telephone number of the business in letters and figures not less than fifteen centimetres (15 cm) in height, in a colour contrast ratio of at least 2:1 with the vehicle’s colour, and in an Arial font.
Section 19
Every licensee shall ensure that the information on the sign referred to in Section 18 is clearly visible to the public at all times.
Sections 20 to 23 - General regulations
Section 20
No licensee shall permit or allow any snow plow that is not registered with the Chief License Inspector to be used in their business.
Section 21
No licensee shall use any snow plow that is not registered with the Chief License Inspector in the Snow Plow Contractor’s business.
Section 22
- No licensee shall throw, push, plow, dump, or otherwise deposit snow or ice on a highway, in a park, or on any other City of Ottawa property.
- Every licensee shall ensure that any Snow Plow Operator working in their licensed business does not throw, push, dump, or otherwise deposit snow or ice on a highway, in a park, or on any other City of Ottawa property.
- No licensee shall throw, push, dump, or otherwise deposit snow or ice on private property other than their client’s property or at an authorized snow disposal site
- Every licensee shall ensure that any Snow Plow Operator working in their licensed business does not throw, push, dump, or otherwise deposit snow or ice on private property other than their client’s property or at an authorized snow disposal site.
- No licensee shall throw, push, dump, or otherwise deposit snow or ice on an accessible parking space.
- Every licensee shall ensure that any Snow Plow Operator working in their licensed business does not throw, push, dump, or otherwise deposit snow or ice on an accessible parking space.
- No licensee shall fail to remove or ensure the removal of any snow or ice that has been deposited in contravention of subsections 22(1), 22(2), 22(5), or 22(6), immediately upon becoming aware of it or within 4 hours of a request to do so by the Chief License Inspector.
Section 23
Every Snow Plow Contractor shall provide their client with a copy of Schedule No. 4 of By-law No. 2002-189, as amended either in written form or through a link to the City of Ottawa’s website, as provided by the Chief License Inspector.
Sections 24 to 26 - Conditions for installation of driveway markers
Section 24
- No Snow Plow Contractor shall place or permit to be placed a snow plow driveway marker on a property unless the following requirements are met:
- Placement of snow plow driveway markers shall occur no earlier than October 20 and removal shall occur no later than April 30.
- Snow plow driveway markers shall not be placed between a sidewalk and the travelled portion of the street.
- Snow plow driveway markers, including any part used to support snow plow driveway markers, shall not be composed of materials other than
- wood;
- plastic;
- fibreglass,
- metal, or
- a combination of the above materials.
- Where there is a sidewalk, snow plow driveway markers shall be placed a minimum of 1.5 metres (5 feet) from the sidewalk.
- Where there is no sidewalk, snow plow driveway markers shall be a minimum of 2.1 metres (7 feet) from the travelled portion of the street.
- The maximum height of a snow plow driveway marker shall not exceed 1.22 metres (4 feet) when measured from the ground.
- Snow plow driveway markers that contain plastic, wood, or fibreglass material shall not exceed a width of 10.1 centimetres (4 inches).
- Snow plow driveway markers that contain metal material shall not exceed 10 millimetres (0.4 inches) in diameter.
- Snow plow driveway markers that contain metal material and are not entirely covered by a sleeve shall be equipped with a cap or guard on the end of any exposed metal to prevent injury.
- Subject to subsection (l), a maximum of two (2) snow plow driveway markers are permitted on a driveway with one on either side of the driveway.
- Subject to subsection (l), snow plow driveway markers shall contain no advertising or other information except for the logo and/or telephone number of a Snow Plow Contractor.
- Despite subsections (j) and (k), two additional snow plow driveway markers are permitted on private property provided that the two additional snow plow driveway markers do not contain any advertising or other information, including the logo and/or phone number of a Snow Plow Contractor.
Section 25
Every licensee shall remove a damaged snow plow driveway marker, including any pieces of it and any supporting material, from the private property or highway immediately upon becoming aware of it or when requested by the Chief License Inspector.
Section 26
Every property owner shall ensure a damaged snow plow driveway marker, including any pieces of it, and any supporting material, installed on their property is removed from the private property or highway immediately upon becoming aware of it or when requested by the Chief License Inspector.
Section 1 and 2 - License Required
Section 1
A separate license shall be obtained in respect of each premises operating as an amusement place.
Section 2
No person shall own or operate an amusement place without first obtaining an amusement place license.
Section 3 and 3A- Conditions for issuance of an amusement license
Section 3
- No applicant for an amusement place license shall be issued a license unless:
- the applicant is eighteen (18) years of age, (By-law 2004-491)
- the applicant is the owner of the premises or provides a copy of the rental agreement for use of the premises,
- the Fire Chief has reported, in writing, that the premises complies with fire regulations,
- the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the purpose of an amusement place,
- the Chief of Police has reported, in writing, as to the good character of the applicant,
- the premises from which it is proposed to carry on the amusement place complies with the zoning, building and property standards requirements of the City,
- the applicant has obtained insurance in accordance with Section 4 of this Schedule,
- the applicant has indicated on the application the type of amusement place and the number of devices, tables or alleys to be provided on the premises, and
- the applicant has paid the fees set out in Schedule "A" of this by-law.
Section 3A
Despite Section 3, the Chief License Inspector may waive any or all of the requirements listed in paragraphs (b), (c), (d) or (e) of Section 3 where the Chief License Inspector determines that any or all of the requirements of these paragraphs do not apply. (By-law 2003-311)
Section 4 - Insurance
- Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
- If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liquor Liability insurance.
Section 5 to 7 - General Regulations
Section 5
Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 6
No licensee shall permit an all night dance event to take place in the premises unless the promoter of the all night dance event has obtained an all night dance event license.
Section 7
- Every licensee shall ensure that:
- orderly conduct is maintained in the amusement place,
- the operation of the amusement place is conducted in a manner that is not in any way adverse to the public interest,
- the licensed premises is kept free of any fire or other hazard,
- the washroom facilities in the licensed premises are kept in a proper sanitary condition to the satisfaction of the Medical Officer of Health, and
- the licensed premises are supervised directly during all hours of operation by an attendant who is eighteen (18) years of age or older.
Section 8 - License expiry date
Every place of amusement license shall expire on March 31 of each year.
Section 9 - Transfers
No amusement place license shall be transferable.
Section 1 - License required
A separate license shall be obtained for each all night dance event.
Section 2 - License expiry
Every all night dance event license is valid only for the date and time of the all night dance event indicated on the license application.
Section 3 and 4 - Conditions for issuance of an all night dance event license
Section 3
- No applicant for an all night dance event license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the applicant is the promoter of the event,
- the applicant submits a detailed plan of the event that includes the information outlined in Appendix "A" at least 28 days before the all night dance event is scheduled to occur,
- the Fire Chief has reported in writing that the premises complies with all applicable fire regulations,
- the Chief Medical Officer of Health has reported in writing that the premises complies with all applicable public health regulations and that there are no objections to the detailed plan,
- the Chief of Police has reported in writing as to the good character of the applicant and that there are no objections to the detailed plan,
- the premises from which it is proposed to carry on the late night dance event complies with the zoning, building and property standards requirements of the City,
- the applicant has agreed to obtain insurance as required by Section 10 of this Schedule, and (By-law 2004-491)
- the applicant has paid the fees outlined in Schedule "A" of this by-law.
Section 4
If the applicant is not the owner of the premises, he or she shall provide written evidence to the satisfaction of the Chief License Inspector that the owner of the premises is aware of and agrees with the use of the premises for the all night dance event.
Section 5 to 10 - General regulations
Section 5
Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 6
No person shall hold an all night dance event in a building or place without first obtaining a license to do so.
Section 7
Despite Section 6, no person shall hold an all night dance event in a building that is not licensed as an amusement place.
Section 8
- Every licensee shall:
- ensure that patrons of the all night dance event comply with the applicable noise by-laws,
- ensure that food preparation on the premises complies with Ontario Regulation 493/17 of the Health Protection and Promotion Act R.S.O. 1990, Chap. H7, as amended or any successor thereto, (By-law 2023-516)
- keep the licensed premises free from any fire or other hazard,
- ensure that the capacity of the room is not exceeded,
- ensure that the number of tickets sold for the all night dance event does not exceed the capacity of the premises and the number of tickets indicated in the application form,
- ensure that tickets for the all night dance event clearly indicate that the event is:
- restricted to people 16 years of age or older if alcohol is not served, or
- restricted to people 19 years of age or older if alcohol is served,
- ensure that the all night dance event complies with the Smoking and Vaping By-law, (By-law No. 2023-516)
- ensure that no person under 16 years of age is allowed entry,
- ensure that all exits are free and remain free of any obstruction,
- ensure that all washroom facilities are maintained and operational,
- ensure that free, cold, potable water under suitable pressure is available at all times to all sinks and sanitary devices in the premises,
- ensure that patrons have access at all times to all sinks and sanitary devices in the premises,
- ensure that all security and medical personnel are easily identifiable,
- upon being so ordered by Police, Fire or Health, immediately terminate the event if there is non-compliance with any applicable regulations,
- ensure that all security personnel can communicate directly with the licensee at all times during the all night dance event, and
- ensure that the premises is kept suitably illuminated and ventilated in accordance with the detailed plan.
Section 9
No person shall sell tickets to or advertise an all night dance event unless an all night dance event license has been issued.
Section 10
- Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of insurance of Commercial General Liability or Special Events Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
- If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liability insurance.
- The applicant shall indemnify and save harmless the City of Ottawa from any and all claims, demands, causes of action, losses, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the licensee, the licensee’s employees, directors and agents. (By-law 2004-491)
Section 11 - Transfers
No all night dance event license shall be transferable.
Appendix "A"
Information to be included in the detailed plan for an all night dance event license
- Date of the all night dance event (the "event").
- Location of the event.
- The name, address and phone number of the promoter.
- The name, address and phone number of the registered owner of the premises.
- If the promoter or registered owner is a corporate entity, the names, addresses and phone numbers of the directors.
- Times of commencement and termination of the event.
- Number of tickets to be issued for the event.
- Capacity of the premises.
- Expected attendance at the event.
- A plan indicating the location and particulars of the entrances, exits, washrooms, lighting, ventilation and sound systems, DJ booth, stage and room dividers.
- A first aid logistical plan including:
- the number of medical personnel on hand during the event,
- the type of medical equipment available during the event,
- provision of a "cooling down space" where patrons can rest from dancing, heat, lights and music, and
- the certification held by the medical personnel. (By-law 2003-311)
- A security plan including:
- the name and address of the security firm hired for the event,
- the number of security personnel to be on duty during the event,
- the certification of the security personnel, and
- the methods of communication to be used between the security personnel and the promoter before, during and after the event. (By-law 2003-311)
- If pyrotechnics are to be used at the event, a detailed description of its use and an outline of precautions being undertaken with respect to fire prevention and public safety. (By-law 2003-311)
Section 1 and 2 - License required
Section 1
A separate license shall be obtained in respect of each premises operating as a food premises.
Section 2
No person shall own or operate a food premises without first obtaining a food premises license.
Section 3 and 3A - Exemptions
Section 3
This by-law shall not apply to a food premises where only pre-packaged foods, frozen drinks or hot beverages are sold or offered or exposed for sale. (By-law 2003-311)
Section 3A
A food premises licence shall not be required for eating establishments operated by charitable or not-for-profit organizations that provide meals for the homeless or for eating establishments in facilities providing residential care services that include meals. (By-law 2006-81)
Section 4 and 4A - Conditions for issuance of a food premise license
Section 4
- No applicant for a food premises license shall be issued a license unless:
- the applicant is eighteen (18) years of age or older,
- the Fire Chief has reported, in writing, that the premises complies with fire regulations,
- the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the purpose of a food premises,
- the premises from which it is proposed to operate the food premises complies with the zoning, building, and property standards requirements of the City,
- the applicant has obtained insurance in accordance with Section 5 of this Schedule, (By-law 2004-491)
- the applicant has indicated on the application the type of food premises, and
- the applicant has paid the fees set out in Schedule "A" of this by-law.
Section 4A
Despite Section 4, the Chief License Inspector may waive any or all of the requirements listed in paragraphs (b), (c) or (d) of Section 4 where the Chief License Inspector determines that any or all of the requirements of these paragraphs do not apply. (By-law 2003-311)
Section 5 - Insurance
- Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than One Million Dollars ($1,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
- If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liquor Liability insurance.
Section 6 to 9 - General regulations
Section 6
Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 7
Every licensee shall ensure that the operation of the food premises complies at all times with Ontario Regulation 493/17 of the Health Protection and Promotion Act, R.S.O. 1990, Chap. H.7, as amended or any successor thereto. (By-law 2023-516)
Section 8
- Every licensee shall ensure that:
- washroom facilities are kept in proper sanitary and working condition to the satisfaction of the Medical Officer of Health, and
- the operation of the food premises is conducted in a manner that is not in any way adverse to the public interest.
Section 9
- Every licensee shall ensure that public waste receptacles
- are provided in sufficient numbers to receive the waste generated by the food premises operation,
- are located near the public entrances and exits outside the premises to the satisfaction of the Chief License Inspector and do not conflict with any by-law of the City,
- do not obstruct or interfere with pedestrian or vehicular traffic,
- do not interfere with street or sidewalk maintenance,
- do not exceed a volume capacity of 100 litres,
- are emptied of waste as often as necessary,
- are kept clean and odourless,
- are water impermeable, and
- are kept covered at all times.
Section 10 - License expiry date
Every food premises license shall expire on March 31.
Section 1 - License required
A separate license shall be obtained for each exotic animal entertainment event for each location at which such event occurs.
Section 2 - License expiry
- Every exotic animal entertainment event license is valid only for;
- the date or consecutive dates,
- the time or times of the exotic animal entertainment event indicated on the license application, and
- one building or place only.
Section 3 and 4 - Conditions for issuance of an exotic animal entertainment event license
Section 3
- No applicant for an exotic animal entertainment event license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the applicant is the promoter of the event,
- the applicant submits a detailed plan of the event that includes the information outlined in Appendix "A" at least twenty-eight (28) days before the exotic animal entertainment event is scheduled to occur,
- the Fire Chief has reported in writing that the premises complies with all applicable fire regulations and that there are no objections to the detailed plan,
- the Medical Officer of Health has reported in writing that the premises complies with all applicable public health regulations and that there are no objections to the detailed plan,
- the premises from which it is proposed to carry on the exotic animal entertainment event complies with the zoning, building and property standards requirements of the City,
- the applicant has agreed to obtain insurance as required by Section 9 of this Schedule,
- the applicant agrees, in writing, to accept full responsibility for any exotic animal that escapes from custody and agrees to take the necessary action to contain the animal and to ensure public safety, and
- the applicant has paid the fees outlined in Schedule "A" of this by-law.
Section 4
If the applicant is not the owner of the premises, he or she shall provide written evidence to the satisfaction of the Chief License Inspector that the owner of the premises is aware of and agrees with the use of the premises for the exotic animal entertainment event.
Section 5 to 8 - General regulations
Section 5
Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 6
No person shall hold an exotic animal entertainment event in a building or place without first obtaining a license to do so.
Section 7
- Every licensee shall ensure that:
- the exhibitor or the owner of the exotic animals in the exotic animal entertainment event is a member of, or accredited by either Canada’s Accredited Zoos and Aquariums (CAZA), or the Association of Zoos and Aquariums (AZA), or is otherwise licensed by an appropriate authority, as applicable, (By-law 2023-516)
- within seven (7) days prior to the event, the exotic animals involved in the event have been inspected by an animal welfare inspector appointed under the Provincial Animal Welfare Services Act, 2019, or any successor thereto, and that it meets the requirements of the inspector and the Act, (By-law 2023-318)
- the exhibitor or the owner of the exotic animals involved in the event only exhibits or uses such exotic animals in a premises that has protective devices which are adequate to prevent such exotic animals from escaping or injuring the public,
- the exhibitor provides such exotic animals with a species-appropriate living environment while in the City,
- the licensed premises is kept free from any fire or other hazard,
- the capacity of the premises is not exceeded,
- the number of tickets sold for the exotic animal entertainment event does not exceed the capacity of the premises and the number of tickets indicated in the application form,
- the exotic animal entertainment event complies with the Smoking and Vaping By-law, (By-law 2023-516)
- all exits are free and remain free of any obstruction,
- all security and medical personnel are easily identifiable,
- all security personnel can communicate directly with the licensee at all times during the exotic animal entertainment event,
- ensure that the premises is kept suitably illuminated and ventilated in accordance with the detailed plan,
- upon being so ordered by Police, Fire or Health, the event is immediately terminated if there is non-compliance with any applicable regulations.
Section 8
No person shall sell tickets to an exotic animal entertainment event unless an exotic animal entertainment event license has been issued.
Section 9 - Insurance
Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of Commercial General Liability or Special Events Liability insurance coverage subject to limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property. Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured with respect to the licensed event.
Section 10 - Indemnification
The applicant shall indemnify and save harmless the City of Ottawa from any and all claims, demands, cause of action, loss costs or damages that the City of Ottawa may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors and agents.
Section 11 - Transfers
No exotic animal entertainment event license shall be transferable.
Section 12 - Exemptions
- A license for an exotic animal entertainment event shall not be required for the following:
- petting-zoos, agricultural shows or exhibits, pet shows, and other like shows provided that the animals used in the event are not exotic animals;
- public shows involving exotic animals provided that the shows are for educational purposes and the promoter:
- is also the exhibitor and the owner of the exotic animals,
- has a permanent facility for the exotic animals within the City which meets Fire, Health and Zoning requirements,
- has an exemption under Section 86 of By-law No. 2003-77 respecting animal care and control in respect of the animals identified in Schedule "B", and
- obtains an exotic animal rescue and education establishment license;
- an exotic animal entertainment event involving only exotic animals from an establishment licensed as an exotic animal rescue and education establishment under Schedule No. 9 to this by-law.
Appendix "A"
Information to be included in the detailed plan for an exotic animal entertainment event license
- Date(s) of the exotic animal entertainment event (the "event") provided that, where the event occurs on more than one date, the dates are consecutive.
- Location of the event.
- The name, address and phone number of the promoter.
- The name, address and phone number of the registered owner of the premises.
- If the promoter or registered owner is a corporate entity, the names, addresses and phone numbers of the directors or officers.
- Times of commencement and termination of the event.
- Number of tickets to be issued for the event.
- Capacity of the premises.
- Expected attendance at the event.
- A first aid logistical plan including:
- the number of medical personnel on hand during the event,
- the type of medical equipment available during the event, and
- the certification held by the medical personnel.
- A security plan including:
- the name and address of the security firm hired for the event,
- the number of security personnel to be on duty during the event,
- the certification of the security personnel, and
- the methods of communication to be used between the security personnel and the promoter before, during and after the event.
- An inventory of exotic animals, which will be used in the event including, for each exotic animal, the following information:
- species,
- description,
- age,
- gender,
- name,
- its weight in kilograms, and
- a description of the performance or act in which the exotic animal is involved.
- A Veterinary Health Certificate for each exotic animal in the event where each Certificate has been issued on the basis of a physical examination of the exotic animal conducted by a duly licensed veterinarian within the last twelve (12) months of the date of the event and certifying the good health of the exotic animal and the absence of any zoonotic diseases, including but not limited to tuberculosis, in addition to the name and address of the consulting veterinarian.
- An Emergency Plan including:
- a description of the distance between the exotic animal acts and the spectators,
- a protocol for controlling and containing any exotic animal,
- crowd control measures, and
- an evacuation plan, in the event that any exotic animal involved in the event becomes a threat to public safety either through access to the public from its containment area or by being at large on the premises; and,
- the location and particulars of the entrances, exits, lighting, ventilation and area where the exhibit or performance is to take place.
- An Animal Containment and Accommodation Plan, which is appropriate to the species involved and includes:
- the location of the housing of the exotic animals involved;
- a description of the housing, cleaning procedures and general care of the exotic animals involved.
Section 1 - License required
A separate license shall be obtained for each exotic animal rescue & education establishment.
Section 2 - License expiry
Every exotic animal rescue & education establishment license is valid only until December 31 of each year.
Section 3 - Conditions for issuance of an exotic animal rescue & education establishment license
- No applicant for an exotic animal rescue & education establishment license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the applicant is the owner and operator of the establishment and the exotic animals therein,
- the applicant has a permanent facility for the exotic animals within the City which meets Fire, Health and Zoning requirements,
- the applicant has an exemption under Section 86 of By-law No. 2003-77 respecting animal care and control in respect of the exotic animals identified in Schedule "B" to that by-law,
- the applicant submits a detailed plan that includes the information outlined in Appendix "A",
- the applicant has agreed to obtain insurance as required by Section 9 of this Schedule,
- the applicant agrees, in writing, to accept full responsibility for any exotic animal that escapes from custody and agrees to take the necessary action to contain the exotic animal and to ensure public safety, and
- the applicant has paid the fees outlined in Schedule "A" of this by-law.
Section 4 to 8 - General regulations
Section 4
- Every licensee shall:
- post the license in a prominent location on the licensed premises so as to be clearly visible to the public,
- carry the license when the exotic animals are being displayed or are involved in educational activities off the premises, and
- produce the license upon the request of the Chief License Inspector.
Section 5
No person shall carry on an exotic animal rescue & education establishment in a building or place without first obtaining a license to do so.
Section 6
Every licensee shall permit the Chief License Inspector or the Medical Officer of Health, at any reasonable time, to inspect the establishment or the location at which educational activities are held, as well as relevant records, including but, not limited to the inventory of exotic animals.
Section 7
- No licensee shall sell, give, trade or otherwise provide any exotic animal to any person unless:
- for purposes of adoption or foster care under the auspices of the licensee, or
- to a zoo or professional breeder for breeding and display purposes.
Section 8
- Every licensee shall ensure that:
- he/she is a member of, or accredited by either Canada’s Accredited Zoos and Aquariums (CAZA), or the Association of Zoos and Aquariums (AZA), or is otherwise licensed by an appropriate authority, as applicable, (By-law 2023-516)
- the exotic animals involved in the establishment are inspected annually by an animal welfare inspector appointed under the Provincial Animal Welfare Services Act, 2019, or any successor thereto, and that the requirements of the inspector and the Act are met, (By-law 2023-318)
- the exotic animals are provided with a species-appropriate living environment, including but, not limited to sufficient space,
- the exotic animals are kept in sanitary and clean quarters which are appropriately bedded, ventilated and lit, maintained at an appropriate temperature and readily sanitized,
- the exotic animals are adequately and appropriately fed and watered,
- no exotic animal is displayed in direct sunlight or areas where drafts may occur,
- the exotic animals are exhibited only in a premises that has protective or containment devices which are adequate to prevent such exotic animals from escaping or injuring the public,
- at all times, the establishment as a whole is maintained in a sanitary, well-ventilated, clean condition and free from offensive odours,
- all exits are free and remain free of any obstruction,
- upon being so ordered by Police, Fire or Health, the educational activity is immediately terminated if there is non-compliance with any applicable regulations.
Section 9 - Insurance
Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of Commercial General Liability or Special Events Liability insurance coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property. Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured with respect to the licensed establishment.
Section 10 - Indemnification
The applicant shall indemnify and save harmless the City of Ottawa from any and all claims, demands, cause of action, loss costs or damages that the City of Ottawa may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors and agents.
Section 11 - Transfers
No exotic animal rescue & education establishment license shall be transferable.
Section 12 - Exemptions
A license for an exotic animal rescue & education establishment shall not be required for petting-zoos, agricultural shows or exhibits, pet shows, and other like shows provided that the animals used in the event are not exotic animals.
Appendix "A"
Information to be included in the detailed plan for an exotic animal entertainment event license
- The name, address and phone number of the owner/operator.
- The name, address and phone number of the registered owner of the premises.
- If the owner/operator or registered owner is a corporate entity, the names, addresses and phone numbers of the directors.
- An inventory of exotic animals, which are housed in the establishment or will be used in educational activities including, for each exotic animal, the following information:
- species,
- description (including length in meters in the case of reptiles),
- age,
- gender,
- name,
- whether or not the exotic animal is used in educational activities taking place outside of the establishment.
- A General Veterinary Health Certificate for the exotic animals involved in the establishment or educational activities or both, where the Certificate has been issued on the basis of a general examination of the exotic animals conducted annually, at a minimum, by a duly licensed veterinarian and certifying the good health of the exotic animals, the absence of any zoonotic diseases, and providing proof of vaccination against such diseases, as applicable, in addition to providing the name and address of the consulting veterinarian.
- An Animal Containment and Accommodation Plan, which is appropriate to the species involved and includes:
- the location of the housing of the exotic animals involved, and
- a description of the housing, cleaning procedures and general care of the exotic animals involved, in the establishment.
- A Transport Plan describing the manner in which the exotic animals will be transported outside of the establishment to another venue, including:
- an indication of the number of exotic animals usually transported and the number of handlers usually accompanying the animals,
- a description of the containers used and how they are secured, and
- a description of how the exotic animals are displayed and/or stored while at the other venue.
- An Emergency Plan including:
- a protocol for controlling and containing any exotic animal,
- crowd control measures, and
- an evacuation plan, in the event that any exotic animal involved in the establishment or educational activity becomes a threat to public safety either through access to the public from its
Repealed. (By-law 2016-272)
Section 1 to 3- Licenses required
Section 1
- The following types of licenses may be issued:
- adult entertainment owner;
- adult entertainment operator;
Section 2
A separate adult entertainment owner’s license shall be obtained in respect of each adult entertainment parlour.
Section 3
A separate adult entertainment operator’s license shall be obtained in respect of each person operating an adult entertainment parlour.
Section 4 - Conditions for issuance or renewal of an adult entertainment owner’s license
- No license or renewal of license shall be issued to an owner of an adult entertainment parlour unless:
- the applicant is eighteen (18) years of age or older;
- the applicant appears in person;
- the applicant provides proof of age and identification satisfactory to the Chief License Inspector;
- the applicant has provided the original documents from the issuing agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;
- a detailed floor plan, drawn to scale, of the adult entertainment parlour has been approved by the Chief License Inspector and the Chief of Police and the details on such floor plan shall include but are not limited to the following:
- the designated entertainment area; and
- location of seating areas, offices, cloak rooms, disc jockey area, kitchen facilities, bar area, dressing rooms, washrooms, storage areas and exits;
- the premises complies with the zoning, building and property standards requirements of the City;
- the Fire Chief has reported in writing that the premises complies with fire regulations;
- the Medical Officer of Health has reported in writing that the premises in connection with which the license is sought is suitable for the purpose of the license application and is in a sanitary condition;
- the applicant has submitted proof of insurance in accordance with the requirements of Section 26 of this Schedule;
- the adult entertainment parlour is located in an area referred to in Section 8; and
- the applicant has paid the fees described in Schedule “A” to this by-law.
- Where the owner is a corporation, the applicant shall file:
- a copy of its letters of incorporation or other incorporating document duly certified by the proper government official or department;
- a list of all officers, directors and shareholders and the address of their ordinary residence;
- a declaration that the persons named therein are the only shareholders of the corporation;
- the name or names under which it carries on or intends to carry on business; and
- the mailing address for the corporation.
- Where the owner is a partnership, the applicant shall file a declaration in writing signed by all members of the partnership which states:
- the full name of each partner and the address of his ordinary residence;
- the name or names under which they intend to carry on business;
- that the persons named therein are the only members of the partnership; and
- the mailing address of the partnership.
Section 5 - Conditions for issuance or renewal of an adult entertainment operator’s license
- No license or renewal of license shall be issued to the operator of an adult entertainment parlour unless:
- he applicant is eighteen (18) years of age or older;
- the applicant appears in person;
- the applicant has provided the original documents from the issuing agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;
- the applicant provides proof of age and identification satisfactory to the Chief License Inspector;
- the applicant has provided the name of the owner of the adult entertainment parlour in which the applicant intends to operate; and
- the applicant has filed two (2) passport-type photographs of the applicant’s face five centimetres (5cm) by five centimetres (5cm) in size;
- the applicant has paid the fees described in Schedule “A” to this by-law.
Section 6 - Issuance of license
- The Chief License Inspector shall furnish a license to each licensed adult entertainment owner.
- The Chief License Inspector shall furnish to each licensed adult entertainment operator a license containing a photograph of the face of the adult entertainment operator and his or her name, license number and the expiry date of the license.
- Every licensed adult entertainment operator shall produce his or her license for inspection when so requested by the Chief License Inspector or Chief of Police.
Section 7 - Number of licenses
The number of adult entertainment owner’s licenses shall be restricted in accordance with the location requirements of this Schedule.
Section 8 - Location restrictions
- Adult entertainment parlours may only be operated in the following locations:
- the premises known municipally as 27 York Street;
- the premises known municipally as 126 York Street;
- the premises known municipally as 340 Queen Street;
- the premises known municipally as 1560 Triole Street;
- the premises known municipally as 6501 Russell Road;
- the premises known municipally as 1989 Merivale Road;
- repealed (By-law 2007-222);
- the premises known municipally as 175 Montreal Road;
- the premises known municipally as 5023 Bank Street;
- in the shaded areas shown on Appendix A to this Schedule, provided that the adult entertainment parlour is located a minimum of one thousand metres (1000m) from an existing adult entertainment parlour and a minimum of five hundred metres (500m) from any church, school, day care, public library, community centre or public park.
Section 9 to 25 - Regulations
Section 9
No adult entertainment owner shall permit any person other than a licensed adult entertainment operator to operate such adult entertainment parlour.
Section 10
The adult entertainment owner shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 11
No adult entertainment operator not being the owner of an adult entertainment parlour shall operate the said adult entertainment parlour unless the owner of the said adult entertainment parlour is duly licensed as an adult entertainment owner.
Section 12
No adult entertainment owner or adult entertainment operator shall open the adult entertainment parlour for business or permit the same to be open or remain open for business or permit any services to be provided in the said adult entertainment parlour at any times from the hours of 0200 hours and 1100 hours of the same day.
Section 13
No adult entertainment owner or adult entertainment operator shall permit the door or doors or other principal means of access into the adult entertainment parlour to be kept locked during the hours of business of the adult entertainment parlour.
Section 14
The adult entertainment owner or an adult entertainment operator shall be in attendance during all hours of business of the adult entertainment parlour.
Section 15
The adult entertainment owner shall ensure that an adult entertainment operator shall be in attendance during all hours of business of the adult entertainment parlour when the owner is not in attendance.
Section 16
No adult entertainment owner or adult entertainment operator shall permit any person under the age of eighteen (18) years to enter or remain in the adult entertainment parlour.
Section 17
No adult entertainment owner or adult entertainment operator shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in the adult entertainment parlour.
Section 18
No adult entertainment owner or adult entertainment operator shall place or permit to be placed any sign, or any other advertising device on any premises occupied by an adult entertainment parlour save and except a sign or other advertising device containing the words “Adult Entertainment Parlour” and the name under which the business is operated provided such name does not include any of the following words: “nude”, “naked”, “topless”, “bottomless”, “sexy” or any other word or any pictures, symbol or representation having like meaning or implication.
Section 19
- No adult entertainment owner or adult entertainment operator shall permit services to be provided in any area of the premises other than the designated entertainment area shown on the approved floor plan.
- No adult entertainment owner shall change or cause a change to be made in the adult entertainment parlour without first submitting a revised floor plan containing the information described in clause (e) of subsection 4(1) of this Schedule and obtaining the approval of the Chief License Inspector and the Chief of Police.
Section 20
No adult entertainment owner or adult entertainment operator shall permit any adult entertainment performer providing live entertainment or services designed to appeal to erotic or sexual appetites or inclinations to touch or be touched by or have physical contact with any other person in any manner whatsoever involving any part of that person’s body.
Section 21
- No adult entertainment owner or adult entertainment operator shall use or permit to be used any camera or other photographic or recording device in, upon or at an adult entertainment parlour by any person other than a peace officer, Medical Officer of Health, a public health inspector acting under the direction of the Medical Officer of Health or a By-law Officer.
- Subsection (1) shall not apply to cameras used for security purposes.
Section 22
No adult entertainment owner or adult entertainment operator shall permit live entertainment or services designed to appeal to erotic or sexual appetites or inclinations to be visible from outside the premises in which the adult entertainment parlour is located.
Section 23
- Every adult entertainment owner and every adult entertainment operator shall, in the operation of an adult entertainment parlour, comply with and ensure compliance with the following requirements:
- the premises shall be equipped with adequate light and ventilation;
- the premises and all equipment and fixtures therein shall be regularly washed and kept in a sanitary condition;
- the premises shall be equipped with an effective utility sink;
- adequate toilet and washroom accommodation shall be provided and there shall be separate washrooms for males and females;
- washrooms shall be equipped with:
- an adequate supply of hot and cold water;
- an adequate supply of liquid soap in a suitable container or dispenser;
- hot air dryers or individual towels in a suitable container or dispenser; and
- a suitable receptacle for used towels and waste material; and
- no washroom, toilet, sink or basin used for domestic purposes shall be used in connection with an adult entertainment parlour.
Section 24
- The adult entertainment owner or an adult entertainment operator shall post the following notices in an area accessible to the patrons and employees, in the adult entertainment performers’ dressing rooms, at all public entrances and in the washrooms
- a notice to advise that physical contact is prohibited which notice shall include the telephone numbers of the Ottawa Police Service and By-law Services of the City of Ottawa; and
- a notice that sexually transmitted infections can be transmitted through unprotected physical contact.
- The adult entertainment owner or an adult entertainment operator shall post copies of the approved floor plan at all public entrances and in the adult entertainment performers’ dressing rooms.
Section 25
- The adult entertainment owner shall maintain an annual registry for the period January 1 to December 31 of each year containing the names, addresses and phone numbers of every adult entertainment operator, adult entertainment performer and employee of the adult entertainment parlour.
- The adult entertainment owner shall produce the registry for inspection upon request of a By-law Officer or Chief of Police.
- The adult entertainment owner shall keep the registry current at all times and retain all information for a period of one year after the end of the calendar year for which it was maintained.
Section 26 - Insurance
- Prior to the issuance of the license, the adult entertainment owner shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive for bodily injury, death and damage to property.
- If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liability insurance.
Section 27 - Transferability of license
The license issued to an adult entertainment owner or an adult entertainment operator is not transferable.
Section 1 to 4 - License required
Section 1
- The following types of licences may be issued:
- tobacco product retailer;
- vapour product retailer; and
- tobacco and vapour products retailer.
Section 2
A separate license shall be obtained in respect of each premises that sells tobacco or vapour products by retail.
Section 3
No person shall own or operate a premises that sells tobacco or vapour products by retail without first obtaining the appropriate license to do so under this by-law.
Section 4
In a building where more than one (1) premises for the retail sale of tobacco or vapour products exists at the same time, a location description shall be sufficient to distinguish each shop from any other within the same building.
Sections 5 and 6 - Conditions for issuance and renewal
Section 5
- No applicant for a license shall be issued or renewed a license unless,
- the applicant is eighteen (18) years of age or older,
- the applicant has paid the applicable fees outlined in Schedule “A” to this by-law,
- the applicant has provided to the Chief License Inspector a complete list of business or trade names used in the licensed business and the respective business addresses, email addresses, and telephone numbers relating to those businesses;
- the premises of the applicant is confirmed by a By-law Officer to be a premises that is not prohibited from selling or offering for sale tobacco products pursuant to the Smoke-Free Ontario Act, 2017;
- where applicable, the premises of the applicant is confirmed by a By-law Officer to be a premises that is duly registered as a specialty vape store or tobacconist with the Board of Health for the City of Ottawa, in accordance with the Smoke-Free Ontario Act, 2017; and
- the applicant has completed and filed an application prescribed by the Chief License Inspector.
Section 6
Despite Section 5, no license will be issued to an applicant if the intended premises for the sale or distribution of tobacco or vapour products by retail is an outdoor property, a facility, a building, or a property leased or owned by the City of Ottawa.
Sections 7 to 10 - Regulations
Section 7
No licensee shall fail to post the applicable license validly issued under this schedule in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 8
- No licensee shall fail to comply with the requirements of the Smoke-Free Ontario Act, 2017 and the Tobacco and Vaping Products Act.
- Every licensee shall ensure that every individual employed or contracted to provide services or assist in the provision of services offered in the licensed premises complies at all times with the requirements of the Smoke-Free Ontario Act, 2017 and the Tobacco and Vaping Products Act.
- Every individual employed or contracted to provide services or assist in the provision of services offered in the licensed premises shall comply with the requirements of the Smoke-Free Ontario Act, 2017 and the Tobacco and Vaping Products Act.
Section 9
- Every licensee shall inform the Chief License Inspector immediately, in writing, if the licensee is no longer registered as a specialty vape store or tobacconist under the Smoke-Free Ontario Act, 2017.
- If a licensee is no longer registered as a specialty vape store or tobacconist under the Smoke-Free Ontario Act, 2017, the license under this schedule may be suspended.
Section 10
- Every licensee shall inform the Chief License Inspector immediately, in writing, if an automatic prohibition is issued to the owner or occupier of the licensed premises under section 22 of the Smoke-Free Ontario Act, 2017.
- If an automatic prohibition is issued to the owner or occupier of the licensed premises under section 22 of the Smoke-Free Ontario Act, 2017, the license under this schedule is suspended.
Section 1 - Definitions
In this Schedule,
"highway" includes the entire right of way of a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle, designed and intended for, or used by, the general public for the passage of vehicles;
"private property" means all property in the City and includes property of the municipal, federal and provincial government;
"sidewalk" includes all such parts of a highway as are set aside by the City for the use of pedestrians or used by the general public for the passage of pedestrians, and includes the boulevard;
"stall holder" means a person who has entered into a contract for a Market stand with the City and to whom the Markets Manager has assigned a stand, or who has been issued a daily permit by the City and to whom the Markets Manager has assigned a stand;
"stand" means the area of the public markets assigned to a stall holder;
"stand contract" means the contract between the stall holder and the City with respect to a stand,
"street" means that part of the highway that is improved, designed or ordinarily used for vehicular traffic.
Section 2 - Licenses required
- The following types of licenses may be issued:
- rickshaw operator
- rickshaw owner.
Section 3 and 4 - Conditions for issuance of a rickshaw owner license
Section 3
- No applicant for a rickshaw owner's license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the rickshaw to be used by the applicant has complied with the standards prescribed by Section 6 hereof, and
- the applicant provides proof of insurance in accordance with Section 7 hereof.
Section 4
Every person who owns a rickshaw shall obtain a separate license for each rickshaw to be operated pursuant to this by-law.
Section 5 - Conditions for issuance of a rickshaw operator license
- No applicant for a rickshaw operator's license shall be issued a license unless:
- the applicant is the holder of a current driver's license, and
- the applicant has provided the name and address of the rickshaw owner who will be the business affiliate or employer of the applicant.
Section 6 - Vehicle standards
- Every rickshaw shall:
- be structured so as to be safe and stable with or without passengers;
- have affixed on the rear of the vehicle a slow moving vehicle sign that is the same as the signs set out in the Highway Traffic Act;
- carry at the rear two red reflectors, one of which shall be affixed as nearly as possible to the extreme left side and one as nearly as possible to the extreme right side of the vehicle;
- be in a clean and sanitary condition; and
- be in a state of good repair and appearance.
Section 7 - Insurance
- Every rickshaw owner shall proof of insurance of Comprehensive General Liability insurance subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, personal injury, death and damage to property including loss of use thereof.
- The insurance required by subsection (1) shall be in the name of the rickshaw owner and the owner's operators, employees and volunteers
Section 8 - Issuance of license
Upon issuance of a rickshaw owner's license, the Chief License Inspector shall furnish to the licensee, in addition to the license, one (1) plate for each vehicle bearing an identifying number, the words "Rickshaw" and "Ottawa".
Section 9 to 11 - Display of plate
Section 9
Every owner or operator shall ensure that the plate furnished pursuant to Section 8 is securely affixed to the rear of the rickshaw so as to be clearly visible to the public during the currency of the license.
Section 10
Every licensee who operates a rickshaw under the authority of a license shall ensure that the plate affixed to the vehicle corresponds to the license issued by the Chief License Inspector.
Section 11
Every owner or operator of a rickshaw shall produce his or her license for inspection when requested by the Chief License Inspector, any By-law Officer or peace officer.
Section 12 - Transfers of license
No rickshaw operator's license shall be transferred.
Section 13 to 16 - Location regulations
Section 13
No owner or operator shall allow his or her rickshaw to be placed or left on or at the By Ward Market except in a stand for which the owner has entered into a stand contract with the City.
Section 14
No owner or operator shall allow his or her rickshaw to be placed or left on or at the By Ward Market after the licensee's stand contract has been suspended or terminated.
Section 15
Every person who operates his or her rickshaw on or at the By Ward Market under the authority of a stand contract shall produce a copy of the stand contract for inspection when requested by the Chief License Inspector, any By-law Officer or peace officer.
Section 16
No owner or operator shall operate his or her rickshaw on private property without the consent of the owner.
Section 17 - Time regulations
No owner or operator shall allow his or her rickshaw to be operated on any City street at any time when no parking or not stopping restrictions between the hours of 3:00 pm and 6:00 pm are in place.
Section 18 to 21 - General Regulations
Section 18
Every owner or operator shall keep his or her rickshaw at all times in a clean and sanitary condition and in a state of good repair and appearance.
Section 19
- Every owner or operator shall ensure that:
- he or she conforms, where applicable, with the Highway Traffic Act;
- he or she conforms with By-law No. 2003-530, the Traffic and Parking By-law, as amended;
- he or she conforms with all rules and regulations established by the City as represented by OC Transpo;
- he or she does not interfere with the normal movement of pedestrian traffic in the City; (By-law No 2023-516)
- he or she does not interfere with the normal movement of vehicular traffic in the City; and (By-law No 2023-516)
- he or she complies with, where applicable, the city of Ottawa E-cargo Bike By-law No 2021-290. (By-law 2021-339; to be repealed on March 1, 2026)
Section 20
No owner or operator shall allow his or her rickshaw to be left unattended.
Section 21
No licensee shall operate his or her rickshaw in a reckless or erratic manner.
Section 22 - Processing fee exemption
- Applicants for a rickshaw operator license shall be exempt from the requirement to pay a processing fee.
- An applicant for a rickshaw owner license shall pay only one processing fee regardless of the number of rickshaw owner licenses he or she is applying for.
Section 1 - Interpretation
In this schedule "taking in exchange" is deemed to include "receiving in pledge".
Section 2 and 3 - License required
Section 2
A separate license shall be obtained in respect of each second-hand goods shop in which a person who owns or operates a second-hand goods shop carries on his or her business.
Section 3
No person shall own or operate a second-hand goods shop without first obtaining a second-hand goods shop license.
Section 4 and 5 - Exemptions
Section 4
Despite any other provision of this by-law, no license shall be required,
- by persons engaged in the sale of second-hand goods for patriotic or charitable purposes, or
- by vendors engaged in the sale of second-hand goods at a flea market.
Section 5
- Despite any other provision of this by-law, no license shall be required by an individual, a tenant association, or a community association that holds a sale of personal household effects that are owned by the individual or persons who are members of the association provided that,
- the sale is for a period no longer than two (2) days, and
- no more than two (2) sales are held by that individual or association in a single calendar year.
Section 6 - Conditions for issuance
- No applicant for a license shall be issued a license unless,
- the applicant is eighteen (18) years of age or older,
- the applicant has paid the fees outlined in Schedule "A" to this by-law, and
- the premises complies with the zoning, building and property standards requirements of the City,
Section 7 to 9 - Responsibility of licensees
Section 7
Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 8
Every licensee shall ensure that his or her employees understand and comply with the provisions of this by-law.
Section 9
Every licensee shall be responsible for the act or acts of any employees in the carrying on of the business of the second-hand goods shop in the same manner and to the same extent as though such act or acts were done by the licensee.
Section 10 to 12 - Acquisition of second-hand goods
Section 10
- Every licensee shall ensure that no second-hand good is directly or indirectly purchased from, or exchanged with:
- any person under the age of eighteen (18) years, or
- any person appearing to be under the influence of alcohol or drugs.
Section 11
Every licensee shall ensure that no second-hand good is purchased or taken in exchange without receiving from the seller the identification prescribed in Section 12 of this Schedule.
Section 12
- Every licensee shall ensure that the seller presents two (2) pieces of identification, one (1) of which shall be one (1) of the following types of identification provided that it is integrated with a photograph of the seller:
- valid driver's licence,
- passport issued by the government of origin,
- B.Y.I.D. (Bring Your Identification) Card issued by the Liquor Control Board of Ontario,
- Certificate of Indian Status issued by the Government of Canada,
- Certificate of Canadian Citizenship issued by the Government of Canada, or
- Conditions Release Card issued by Correctional Services of Canada.
Section 13 to 16 - Transaction records
Section 13
- Every licensee shall ensure that, before purchasing or taking in exchange any second-hand good, a record is made in a ledger book in chronological order with the entries transcribed in ink in a clear and legible manner or in a recording system approved by the Chief of Police of,
- the day, month, year and time of the transaction,
- repealed, (By-law 2008-53)
- repealed, (By-law 2008-53)
- detailed description of each second-hand good that shall be reasonably sufficient to identify it, including make, model, serial numbers, marking and titles, where applicable,
- the purchase price of each second-hand good or a description of the item exchanged for it, and
- the initials of the employee conducting the transaction on behalf of the licensee.
- Despite clause 13(1)(b), for the purpose of identifying coins, the license shall ensure that a record is made of the exact number of coins received, and the dates and description of each coin or of the ten (10) most valuable coins if more than ten (10) coins are received.
- Despite clause 13(1)(b), for the purpose of identifying collector cards, the licensee shall ensure that a record is made of the exact number of cards received, and the dates and description of the subject of each card or of the ten (10) most valuable cards if more than ten (10) cards are received.
Section 14
Where a second-hand good has been purchased or taken in exchange from a person carrying on business at a garage sale or an auction,
- the provisions of Section 11 and 12 do not apply, and
- the licensee shall ensure that the name and address of the business, or the name of the person holding the auction or the address of the garage sale are entered into the ledger book or recording system referred to in Section 13.
Section 15
Every licensee shall ensure that the Chief of Police is immediately notified of the removal or defacement of or apparent tampering with serial numbers, identification numbers or model numbers of any second-hand good presented for purchase or to be taken in exchange, and of the particulars of any second-hand good which the licensee of his or her employee has reasonable cause to suspect has been stolen or otherwise unlawfully obtained by the seller.
Section 16
Every licensee shall ensure that, when requested by the Chief of Police at any time during business hours, any second-hand good or transaction record is produced for inspection and that the Chief of Police is permitted to remove any transaction record from the premises for the purpose of photocopying or for use in any court or other proceedings.
Section 17 to 19 - Retention periods
Section 17
Every licensee shall ensure that no second-hand good purchased or taken in exchange is sold, exchanged, altered, melted, repaired, disposed of, or in any way parted with until after the expiration of thirty (30) days from the date of obtaining exclusive ownership of the said good, and during the said period the good so obtained shall be kept apart from goods previously purchased or taken in exchange, and shall be subject to an inspection at any time during business hours by the Chief of Police, who may be accompanied by such other person or persons as may be necessary for the identification of goods reported of suspected of having been stolen.
Section 18
Despite Section 17, for the purpose of completing an investigation, the Chief of Police may request that a second-hand good suspected of having been stolen be retained for an additional period of time beyond the thirty (30) days and, when so requested, the licensee shall ensure that the said good is not sold, exchanged, altered, melted, repaired, disposed of or in any way parted with until after the expiration of the additional period of time, but in any event the additional period of time shall not exceed fourteen (14) days. (By-law 2006-165)
Section 19
Despite Section 17, a licensee may dispose of any good purchased or taken in exchange before the expiration of thirty (30) days form the date of obtaining exclusive ownership of the said good provided that the Chief of Police has authorized in writing the release of such good.
Section 20 - Transfers
No second-hand goods license shall be transferable.
Section 1 - Interpretation
In this Schedule, "taking in exchange" is deemed to include "receiving in pledge".
Section 2 and 3 - License required
Section 2
A separate license shall be obtained in respect of each salvage yard in which a person who owns or operates a salvage yard carries on his or her business.
Section 3
No person shall own or operate a salvage yard without first obtaining a salvage yard license.
Section 4 - Conditions for issuance
- No applicant for a license shall be issued a license unless,
- the applicant is eighteen (18) years of age or older,
- the applicant has paid the fees outlined in Schedule "A" to this by-law,
- the applicant has filed with the Chief License Inspector proof of insurance in accordance with Section 8 of this Schedule,
- the premises complies with the zoning, building and property standards requirements of the City, and
- the Fire Chief has reported, in writing, that the premises is suitable for the purpose of a salvage yard and complies with the fire regulations.
Section 5 to 8 - Responsibility of licensees
Section 5
Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 6
- Every licensee shall,
- keep the salvage yard in a clean and neat condition; and
- keep the salvage goods within a fenced or adequately buffered or screened area of the premises.
Section 7
- No licensee shall directly or indirectly purchase from or take in exchange any vehicle:
- from any minor appearing to be under the age of eighteen (18) years, or
- from any person appearing to be under the influence of alcohol or drugs.
Section 8
Every licensee shall provide and maintain Comprehensive General Liability insurance coverage subject to a limit of not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury, death and damage to property arising out of the operation of the salvage yard.
Section 9 and 10 - Transaction records
Section 9
- Every licensee shall ensure that, before purchasing or taking in exchange any vehicle seven (7) model years old or less, a record of the transaction is documented in a clear and legible manner and contains the following information:
- the day, month, year and time of the transaction;
- repealed; (By-law 2008-53)
- a detailed description of the vehicle and the manufacturer's vehicle identification number referred to as the V.I.N.;
- the purchase price of the vehicle or a description of the item exchanged for it; and
- the initials of the person conducting the transaction on behalf of the licensee.
Section 10
- Every licensee shall produce the record of transaction as described in subsection (1) for inspection when so requested by the Chief of Police.
- Every licensee, or any person acting as an agent for the licensee, shall make all reasonable efforts to obtain the name, address and description of any person offering a vehicle which the licensee has cause to suspect has been stolen or otherwise unlawfully obtained, and to notify the Chief of Police immediately of the facts including the removal or defacement of or apparent tampering with the manufacturer's vehicle identification number.
Section 11 and 12 - Retention periods
Section 11
No licensee shall alter, dismantle, repair, dispose of or in any way part with any vehicle seven (7) model years old or less purchased or taken in exchange by him or her until after the expiration of seven (7) days from the date of obtaining the said vehicle, and during the said period the vehicle so obtained shall be subject to an inspection at any time during business hours by the Chief of Police.
Section 12
Despite Section 11, a licensee may dispose of any vehicle seven (7) model years old or less purchased or taken in exchange before the expiration of seven (7) days from the date of obtaining the said vehicle provided that the Chief of Police has authorized in writing the release of the vehicle.
Section 13 - Transfers
No salvage yard license shall be transferable.
Section 1 - License required
- The following licenses may be issued pursuant to this schedule:
- a License "A" to a person who promotes the holding of an exhibition for one (1) day,
- a License "B" to a person who promotes the holding of an exhibition for more than one (1) consecutive days.
- A separate license shall be obtained for each exhibition for each location at which such event occurs.
- An individual participating in the exhibition may require a license pursuant to other provisions of this by-law.
Section 2 - Exemptions
- Subsection (1) of Section 1 does not apply to:
- Farmers' Markets and events that are sponsored by and benefit Farmers' Markets;
- public markets managed by the City;
- Agricultural Fairs and events that are sponsored by and benefit Agricultural Fairs and includes the Kars Fair;
- the Ottawa Valley Farm Show;
- Coin, Stamp, Card and Comic Book trade shows; (By-law 2006-81)
- the Central Canada Exhibition;
- exhibitions that primarily promotes original arts and crafts creations by Canadian artists;
- exhibitions raising funds for a charitable organization provided that the organization has a Revenue Canada number and the profits go to the charitable organization represented;
- exhibitions raising funds for not-for-profit organizations that operate solely for cultural or religious goals, civic improvement, recreation, amateur sport or similar community enhancement initiatives but not for profit provided that the profits go to the not-for-profit organization represented;
- an event that takes place indoors at a shopping mall.
- An exhibition license shall not be required if every person who is vending at the exhibition is the holder of an itinerant seller's license that is valid for the duration of the exhibition and was issued by the City.
- No itinerant sellers license or fee shall be required by an itinerant seller who vends at an exhibition for which the promoter or organizer of such exhibition has obtained a license.
- An exhibition license shall not be required if the event has been licensed under this by-law as a Flea Market.
Section 3 and 4 - Conditions for issuance
Section 3
- No applicant for an exhibition license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the applicant has furnished details of the exhibition including the type of the exhibition, its location, dates and duration,
- where the applicant proposes to hold the exhibition on private property, the applicant has filed a copy of the written leasing agreement for the occupation of the exhibition premises by the applicant for the duration of the exhibition,
- where the applicant proposes to hold the exhibition on a pedestrian mall, pedestrian promenade or highway the applicant has filed a copy of the written leasing agreement for the occupation of the pedestrian mall or pedestrian promenade or is the holder of a special event permit issued pursuant to the Special Events By-law No. 2001 260, whichever is applicable,
- the applicant agrees to maintain a record of the vendors, their names, addresses and phone numbers, together with details as to the type of items they sell,
- the applicant has filed a site plan for the outdoor portion and a floor plan for the indoor portion of the event showing where vendors will be located,
- the applicant has at least five (5) participating individuals who are vending goods on their own behalf and not on behalf of the promoter of the event,
- the Fire Chief has reported, in writing, that the premises in connection with which the license is sought is suitable for the proposed exhibition and complies with all applicable fire regulations,
- the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the proposed exhibition and complies with all applicable health regulations,
- the General Manager, Planning, Real Estate and Economic Development has reported, in writing, that the vending activity will not take place where the zoning permits residential land use and the location of the exhibition will not lead to a deficiency in required parking and proper vehicle circulation, (By-law 2023-516)
- the Chief Building Official has reported, in writing, that the premises requirements of the City; (By-law 2023-516)
- the applicant has insurance in accordance with the requirements of Section 7 hereof, and
- the applicant has paid the fees set out in Schedule "A".
- In addition to the provisions of subsection (1), no applicant for an exhibition license where a portion of the event is to be held outdoors, shall be issued a license unless and until the applicant has filed written correspondence from the local Community Association and Business Improvement Area, where those exist, which provides the Community Association and Business Improvement Area position on the proposed exhibition.
Section 4
Despite Section 3, the Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of the requirements do not apply.
Section 5 - License issuance
- The Chief License Inspector shall indicate on the license furnished to the licensee,
- the type of exhibition, and
- the location, time, date and duration for which the license is valid.
Section 6 - License validity
- The license issued pursuant to this schedule shall be valid:
- for the specific exhibition only,
- for one location on which the exhibition is to be held, and
- for the period stated as the duration of the exhibition.
Section 7 - Issuance
- Every applicant for an exhibition license shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property.
- The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage.
Section 8 - Transfers of license
The licenses issued pursuant to this schedule are not transferable from person to person or premises to premises.
Section 9 - Renewal of license
The licenses issued pursuant to this schedule are not renewable.
Section 10 - General regulations
- Every licensee shall:
- ensure that orderly conduct is maintained on the exhibition premises, and, at his or her own expense, keep sufficient staff for that purpose;
- keep sufficient staff present at the entrances to the exhibition premises in order to ensure that queues which form for the purposes of gaining entrance to the premise do not obstruct sidewalks or highways;
- be responsible for the conduct of the exhibitors at the exhibition,
- co-operate with the Chief License Inspector to ensure that all required inspections, including building, fire and health inspections, are conducted as required;
- maintain up-to-date documents and plans that accurately record a complete list of the participants, their designated location on the premises and the types of items sold;
- keep a copy of the documents referred to in clauses (c) and (d) of subsection 3(1) at the exhibition;
- keep the records referred to in clauses (e) and (f) for a period of one (1) year after the termination of the event;
- produce those documents referred to in clauses (e) and (f) when so directed by a By-law Officer or the Chief of Police;
- co-operate with various inspection agencies;
- require that all vendors display at their booth in a conspicuous location a sign indicating the vendors name, business address and phone number; conditions of sales, and whether the items displayed are new or used;
- take prompt measures to reduce or eliminate nuisances when so requested by a By-law Officer;
- provide trash receptacles in sufficient numbers and at suitable locations to keep up with the amount of trash generated by the event; and
- empty the trash receptacles every night and as often as required to prevent overflow.
Section 1 - License required
- The following licenses may be issued pursuant to this schedule:
- a License "A" to a person who owns, operates or promotes the holding of a flea market for one (1) day,
- a License "B" to a person who owns, operates or promotes the holding of a flea market for more than one (1) consecutive days,
- a License "C" to a person who owns, operates or promotes the holding of a flea market or flea markets at a particular place between January 1 and December 31 of the same year,
- A separate License "A" or License "B" shall be obtained for each flea market for each location at which such event occurs.
- An individual participating in the flea market may require a license pursuant to other provisions of this by–law.
Section 2 - Exemptions
- Subsection (1) of Section 1 does not apply to:
- Farmers' Markets and events that are sponsored by and benefit Farmers' Markets;
- public markets managed by the City;
- Agricultural Fairs and events that are sponsored by and benefit Agricultural Fairs and includes the Kars Fair;
- the Ottawa Valley Farm Show;
- Coin, Stamp, Card and Comic Book trade shows; (By-law 2006-81)
- the Central Canada Exhibition;
- flea markets that primarily promotes original arts and crafts creations by Canadian artists;
- flea markets raising funds for a charitable organization provided that the organization has a Revenue Canada number and the profits go to the charitable organization represented;
- flea markets raising funds for not-for-profit organizations that operate solely for cultural or religious goals, civic improvement, recreation, sport or similar community enhancement initiatives but not for profit provided that the profits go to the not-for-profit organization represented;
- an event that takes place indoors at a shopping mall.
- A flea market license shall not be required if every person who is vending at the flea market is the holder of an itinerant seller's license that is valid for the duration of the flea market and was issued by the City.
- No itinerant sellers license or fee shall be required by an itinerant seller who vends at a flea market for which the owner or operator or promoter of such flea market has obtained a license.
- A flea market license shall not be required if the event has been licensed under this by-law as a exhibition.
Section 3 and 4 - Conditions for issuance
Section 3
- No applicant for a flea market license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the applicant has furnished details of the flea market including its location, dates and duration,
- where the applicant proposes to hold the flea market on private property, the applicant has filed a copy of the written leasing agreement for the occupation of the flea market premises by the applicant for the duration of the flea market,
- where the applicant proposes to hold the flea market on a pedestrian mall, pedestrian promenade or highway the applicant has filed a copy of the written leasing agreement for the occupation of the pedestrian mall or pedestrian promenade or is the holder of a special event permit issued pursuant to the Special Events By-law No. 2001-260, whichever is applicable,
- the applicant agrees to maintain a record of the vendors, their names, addresses and phone numbers, together with details as to the type of items they sell,
- the applicant has filed a site plan for the outdoor portion and a floor plan for the indoor portion of the event showing where vendors will be located;
- the applicant has at least five (5) participating individuals who act on their own behalf and not on behalf of the owner, operator or promoter of the event,
- the Fire Chief has reported, in writing, that the premises in connection with which the license is sought is suitable for the proposed flea market and complies with all applicable fire regulations,
- the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the proposed flea market and complies with all applicable health regulations,
- the General Manager, Planning, real Estate and Economic Development has reported, in writing, that the vending activity will not take place where the zoning permits residential land use and the location of the flea market will not lead to a deficiency in required parking and proper vehicle circulation, (By-law 2023-516)
- the Chief Building Official has reported, in writing, that the premises from which it is proposed to carry on the flea market complies with building requirements of the City; (By-law 2023-516)
- the applicant has insurance in accordance with the requirements of Section 7 hereof, and
- the applicant has paid the fees set out in Schedule "A".
- In addition to the provisions of subsection (1), no applicant for a flea market license where a portion of the event is to be held outdoors, shall be issued a license unless and until the applicant has filed written correspondence from the local Community Association and Business Improvement Area, where those exist, which provides the Community Association and Business Improvement Area position on the proposed flea market.
Section 4
Despite Section 3, the Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of the requirements do not apply.
Section 5 - License issuance
The Chief License Inspector shall indicate on the license furnished to the licensee, the type of license and the location, time, date and duration for which the license is valid.
Section 6 - License validity
- The license issued pursuant to this schedule shall be valid:
- for the specific flea market only,
- for one location on which the flea market is to be held, and
- for the specific license period that the license is issued for.
Section 7 - Insurance
- Every applicant for an flea market license shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property.
- The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage.
Section 8 - Transfer of license
The licenses issued pursuant to this schedule are not transferable from person to person or premises to premises.
Section 9 - Renewal of license
The licenses issued pursuant to this schedule are not renewable.
Section 10 - General regulations
- Every licensee shall:
- ensure that orderly conduct is maintained on the flea market premises, and, at his or her own expense, keep sufficient staff for that purpose;
- keep sufficient staff present at the entrances to the flea market premises in order to ensure that queues which form for the purposes of gaining entrance to the premises do not obstruct sidewalks or highways;
- be responsible for the conduct of the vendors at the flea market;
- co-operate with the Chief License Inspector to ensure that all required inspections, including building, fire and health inspections, are conducted as required;
- maintain up-to-date documents and plans that accurately record a complete list of the participants, their designated location on the premises and the types of items sold;
- keep a copy of the documents referred to in clauses (c) and (d) of subsection 3(1) at the flea market;
- keep the records referred to in clauses (e) and (f) for a period of one (1) year after the termination of the event;
- produce those documents referred to in clauses (e) and (f) when so directed by a By-law Officer or Chief of Police;
- co-operate with various inspection agencies;
- require that all vendors display at their booth in a conspicuous location a sign indicating the vendors name, business address and phone number; conditions of sales, and whether the items displayed are new or used;
- take prompt measures to reduce or eliminate nuisances when so requested by a By-law Officer;
- provide trash receptacles in sufficient numbers and at suitable locations to keep up with the amount of trash generated by the event; and
- empty the trash receptacles every night and as often as required to prevent overflow.
Section 1 - License required
No person shall carry on business as a temporary sign lessor unless he or she has obtained a temporary sign lessor licence.
Section 2 - Conditions for issuance
- No applicant for a temporary sign lessor license shall be issued a license unless,
- the applicant is eighteen (18) years of age or older,
- the applicant has paid the fees outlined on Schedule "A", and
- the applicant has filed proof of insurance in accordance with the provisions of Section 3 of this Schedule.
Section 3 - Insurance
Every applicant for a temporary sign lessor license shall file proof of insurance of Comprehensive General Liability insurance subject to limits of not less than One Million Dollars ($1,000,000.00) inclusive per occurrence for bodily injury, personal injury, death and damage to property including loss of use thereof.
Section 4 to 6 Regulations
Section 4
The licensee shall include his or her name, or the name of the company under which he or she carries on business as a temporary sign lessor, and telephone number on each temporary sign or its supporting structure in a clearly visible location.
Section 5
No licensee shall place a temporary sign that does not have information required by Section 4 included on the sign at any location in the City.
Section 6
Every licensee shall ensure that he or she complies at all times with the requirements of By-law No. 2004-239, the Temporary Signs on Private Property By-law, as amended, or any successor by-law thereto.
Section 1 - Licenses required
- The following types of licenses may be issued:
- a License "A" to the owner or operator of an adult entertainment store in which the principal business carried on is the provision of either or both adult magazines or adult videos, or
- a License "B" to the owner or operator of an adult entertainment store in which the provision of either or both adult videos or adult magazines is incidental to the carrying on of a business not referred to in paragraph (a).
Section 2 and 3 - Conditions for issuance of a license
Section 2
- No applicant for an adult entertainment store license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age, and
- the premises comply with the zoning, building and property standards requirements of the City.
Section 3
A separate license shall be obtained in respect of each adult entertainment store.
Section 4 - Regulations application to adult entertainment stores - License "A"
- Every holder of a License "A" shall:
- maintain on the premises, during all business hours, a current list of all adult videos available on the premises, and make such list available for inspection when so requested by the Chief License Inspector or the Chief of Police,
- post and keep posted at every entrance to the adult entertainment store signs sufficient to indicate clearly to any person approaching or entering the store, and to every person in the store, that no person under the age of eighteen (18) years is permitted to enter or remain in such store or any part thereof,
- ensure that no person under the age of eighteen (18) years is employed to working the adult entertainment store,
- ensure that no person under the age of eighteen (18) years is permitted to enter or remain in the adult entertainment store,
- ensure that no adult magazine or adult video is provided to any person under the age of eighteen (18) years,
- ensure that the exterior signs or advertisements for the adult entertainment store do not use text or pictorial representations of any specified body area or specified sexual activity
- ensure that no adult magazine, adult video, adult video container or any other printed material or visual image which reveals a specified body area or a specified sexual activity is displayed so that it may be viewed by any member of the public from outside the premises, and
- ensure that no adult videos are played or previewed for public view within the adult entertainment store.
Section 5 - Regulations applicable to adult entertainment stores - License "B"
- Every holder of a License "B" shall:
- maintain on the premises, during all business hours, a current list of all adult videos available on the premises, and make such list available for inspection when so requested by the Chief License Inspector or the Chief of Police,
- designate an area of the store as an adult video area, being an identifiable portion of the premises, in which adult videos are provided or displayed,
- post and keep posted at every approach and entrance to the designated adult video area, signs sufficient to indicate clearly to any person approaching or entering the store, and to every person in the store, that no person under the age of eighteen (18) years is permitted to enter or remain in the adult video area,
- ensure that no adult magazine, adult video, adult video container or any other printed material or visual image which reveals a specified body area or a specified sexual activity, is displayed outside of the designated adult video area,
- ensure that no adult magazine, adult video, adult video container or any other printed material or visual image which reveals a specified body area or a specified sexual activity, is displayed in such a way that it may be viewed from outside of the designated adult video area,
- ensure that no adult magazine is displayed at a height of less than 1.5 metres,
- ensure that no person under the age of eighteen (18) years is permitted to enter or remain in the designated adult video area,
- ensure that no adult video is provided to any person under the age of eighteen (18) years, and
- ensure that no adult videos are played or previewed for public view within the adult entertainment store.
Section 6 - Exceptions
- The provisions of Section 5 do not apply to an adult entertainment store where the provision of either or both adult magazines and adult videos is incidental to the carrying on of the business provided that the owner or operator of the adult entertainment store:
- stores all the adult videos behind the counter or other area not accessible to customers of the store,
- ensures that no adult video, adult video container or any other printed material or visual image which reveals a specified body area or a specified sexual activity, is displayed where it can be seen by customers of the store,
- ensures that no adult magazine is displayed at a height of less than 1.5 metres,
- maintains on the premises, during all business hours, a current list of all adult videos available on the premises, and make such list available for inspection when so requested by the Chief License Inspector or the Chief of Police,
- makes the listing, referred to in paragraph (d) hereof, available to any person who is eighteen (18) years of age or older upon request,
- ensure that no adult magazine is displayed at a height of less than 1.5 metres,
- ensure that no adult video is provided to any person under the age of eighteen (18) years, and
- ensure that no adult videos are played or previewed for public view within the adult entertainment store.
Section 1 and 2 - Licenses required
Section 1
A separate license shall be obtained in respect of each premises operating as a body-rub parlour.
Section 2
No person shall own or operate a body-rub parlour premises without first obtaining a body-rub parlour license.
Section 3 - Conditions for issuance or renewal of a body-rub parlour license
- No applicant for a body-rub parlour license shall be issued a license unless:
- the applicant is eighteen (18) years of age or older;
- the applicant appears in person;
- the applicant provides proof of age and identification satisfactory to the Chief License Inspector;
- the applicant has provided the original documents from the issuing agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;
- the premises complies with the zoning, building and property standards requirements of the City;
- the Fire Chief has reported in writing that the premises complies with fire regulations;
- the Medical Officer of Health has reported in writing that the premises in connection with which the license is sought is suitable for the purpose of the license application and is in a sanitary condition;
- the applicant has submitted proof of insurance in accordance with the requirements of Section 13 of this Schedule;
- the applicant has paid the fees described in Schedule "A" to this by-law.
Section 4 to 11 - general regulations
Section 4
- No licensee shall fail to ensure that:
- the body-rub parlour is,
- well lighted and that the lighting is at an intensity of fifty (50) foot candles measured at a distance of seventy-six centimetres (76 cm) from the floor level,
- adequately ventilated,
- adequately heated,
- clean, and
- supplied with hot and cold running water;
- all bathing devices, including steam baths, are properly cleaned before they are offered for use to a patron;
- all robes, towels, blankets and linens furnished for the use of patrons are freshly laundered before being offered for use to a patron;
- clean uniforms or garments are worn by employees while working on a patron;
- the sleeves of uniforms or garments as referred to in subsection (d) do not reach below the elbow;
- the skin of the hands of an employee is clean and in a healthy condition and the nails are kept short and clean;
- the hands of an employee are washed thoroughly before performing a body-rub on a patron;
- the furniture and equipment are maintained in a safe and sanitary condition;
- the body-rub parlour is supervised at all times when open for business; and
- no cubicle, room, booth or area used for a body-rub is to be fitted with a door capable of being locked.
- the body-rub parlour is,
Section 5
No licensee shall fail to post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 6
No licensee shall refuse to produce his or her license for inspection when so requested by the Chief License Inspector or Chief of Police.
Section 7
No licensee or body-rub parlour operator shall permit any person under the age of eighteen (18) years to enter or remain in the body-rub parlour.
Section 7A
No licensee shall fail to post a notice, in a prominent location in the licensed premises so as to be clearly visible to the public, that no person under the age of eighteen years is permitted to enter or remain on the premises. (By-law 2007-248)
Section 8
No licensee shall permit any person under the age of eighteen (18) years to be employed in a body-rub parlour.
Section 9
No licensee shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in the body-rub parlour.
Section 10
- No licensee shall:
- publish or distribute or cause to be distributed, any advertising matter or business identification card that describes or depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than a body-rub;
- erect or post or cause to be erected or posted a sign, advertising or advertising device that describes or depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than a body-rub; and
- fail to include the license number of the body rub parlour license issued by the Chief License Inspector on all advertising. (By-law 2007-248)
Section 11
No person shall operate a body-rub parlour in any area of the City zoned for residential or institutional purposes in the applicable zoning by-law.
Section 12 - Insurance
Prior to the issuance of the license, the applicant shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
Section 13 - Transferability of license
The body-rub parlour license is not transferable.
Section 14 - Transferability of license
The body-rub parlour license is not transferable.
The number of body-rub parlour licenses shall be restricted to thirty-two (32). (By-law 2007-248)
Sections 15 - Location restrictions
A body-rub parlour shall not be located within 1000 metres of an existing licensed body-rub parlour and shall not be located within 1000 metres of a school, place of worship, daycare, public library, community centre, public park or a property zoned residential. (By-law 2007-248)
Section 1 - Licenses required
- The following licenses may be issued to an itinerant seller pursuant to this Schedule:
- a License “A,” an annual license to a person operating as an itinerant seller on private property or at special events from May 15th to May 14th of the following year;
- a License “B,” a six-month license to a person operating as an itinerant seller on private property or at special events from May 15th to November 14th of the same year or November 15th to May 14th of the following year;
- a License “C,” a monthly license to a person operating as an itinerant seller on private property or at special events from the fifteenth (15th) of one month until the fourteenth (14th) of the following month;
- a License “D,” a special event license to a person operating as an itinerant seller at a special event for one (1) to twenty-one (21) consecutive days and includes a flower vendor;
- a License “E,” a special event license to a person operating as an itinerant seller at a special event for one (1) to four (4) consecutive days and includes a flower vendor;
- a License “F,” a sidewalk annual license to a person operating as an itinerant seller pursuant to the Designated Space Programme By-law on the sidewalk in the former City of Ottawa or at special events from May 15th to May 14th of the following year;
- a License “G,” a sidewalk six-month license to a person operating as an itinerant seller pursuant to the Designated Space Programme By-law on the sidewalk in the former City of Ottawa or at special events from May 15th to November 14th or from November 15th to May 14th of the following year;
- a License “H,” a sidewalk monthly license to a person operating as an itinerant seller pursuant to the Designated Space Programme By-law on the sidewalk in the former City of Ottawa or at special events from the 15th of one month until the 14th of the following month;
- a License “I, “ a Canada Day license to a person operating as an itinerant seller and also selling bottled and canned beverages on Canada Day (July 1st) within the removal zone as indicated in the Designated Space Programme By-law;
- Every person or business that operates as an itinerant seller shall obtain a license.
- Every person or business that operates as an itinerant seller shall obtain a separate license for each person who is selling.
- No “F”, “G” or “H” class license shall be issued to applicants who do not have a designated space permit issued pursuant to the Designated Space Programme By-law.
- Every itinerant seller shall require a Canada Day license to operate within the removal zone as identified in the Designated Space Programme on July 1st.
- Every itinerant seller may vend from his or her person, from a hand-powered vehicle, a pedal-powered vehicle, a motor vehicle and only in the case of a special event a stand will be permitted.
Section 2 - Exemptions
- Subsection 1 (2) does not apply to:
- farmers’ markets and events that are sponsored by and benefit farmers’ markets,
- public markets managed by the City,
- agricultural fairs and events that are sponsored by and benefit agricultural fairs,
- the Central Canada Exhibition,
- fundraisers for charitable and not-for profit organizations that operate solely for cultural or religious goals, social welfare, civic improvement, recreation, amateur sport or any other similar community enhancement initiatives for any purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person, provided that the organization has a Revenue Canada number,
- Despite subsection (e) individual itinerant sellers participating in an event for fundraising purposes that do not donate all of their profits to the charity or not-for-profit organization for which the event is being held shall require a license,
- an event that takes place indoors at a shopping mall, and
- original arts and crafts creations by Canadian artists.
- No holder of a Class “A”, “B”, “C”, “F”, “G” or “H” license issued under this Schedule shall be permitted to vend at a special event unless the licensee:
- has notified the Chief License Inspector in writing of:
- his or her intention to vend at the special event,
- the description of the special event including its location, duration and hours of operation,
- the name and phone number of the promoter,
- has written proof that he or she is permitted to operate at the special event,
- if applicable, he or she operates from a hand-powered or pedal-powered vehicle or motor vehicle, or stand identified under his or her license, and
- has obtained a license that is valid at the time of and for the duration of the special event.
- has notified the Chief License Inspector in writing of:
- The provisions of this by-law do not apply to a person who sells to wholesale or retail dealers in similar goods, wares or merchandise.
- Despite any of the provisions of this by-law, an itinerant seller's license or related fee shall not be required by:
- a tenant association or community association that holds a sale of personal household effects where
- the personal household effects are owned by persons who are members of the association,
- the sale is for a period no longer than two (2) days, and
- no more than two (2) sales are held by that association in a single calendar year,
- an itinerant seller who vends at an exhibition for which the promoter or organizer of such exhibition has obtained a License under this by-law,
- a vendor of items that are being sold for charitable purposes and community betterment.
- a tenant association or community association that holds a sale of personal household effects where
- The provisions of this by-law do not apply to a person who sells official programs for special outdoor events, in the vicinity of the events, for the period of one (1) hour prior to the event, during the event and one (1) hour after the activity, and this event is not to be construed as itinerant vending.
- Despite subsection (1), every itinerant seller must comply with all municipal, provincial and federal acts, regulations and by-laws.
- The provisions of this Schedule do not apply in the rural wards:
- Ward 5 - West Carleton March,
- Ward 19 - Orléans South-Navan, (By-law 2023-516)
- Ward 20 - Osgoode,
- Ward 21 – Rideau-Jock. (By-law 2023-516)
Section 3 - Conditions for issuance
- No applicant for an itinerant seller’s license shall be issued a license unless the applicant:
- is at least eighteen (18) years of age,
- where applicable, is the holder of a current motor vehicle permit issued pursuant to the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended, for the motor vehicle being used for the business,
- has filed proof of insurance in accordance with the requirements of Section 8,
- in the case of an applicant who proposes to vend at a special event, has furnished details as to the special event including its location and duration and has met complied with the provisions of this by-law,
- in the case of an applicant who proposes to hold a special event, has furnished details as to the special event and has complied with the provisions of this by-law,
- where applicable has complied with the standards and dimensions prescribed for the hand-powered vehicle or pedal-powered vehicle to be used by the applicant for vending, and
- has presented the hand-powered vehicle, pedal-powered vehicle, motor vehicle or stand, as applicable, for inspection by the Chief License Inspector and received approval in writing.
- The location from which the applicant proposes to vend as an itinerant seller shall comply with the applicable zoning by-law and shall not contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation.
- The Chief License Inspector is authorized to require that each hand-powered vehicle, pedal-powered vehicle, motor vehicle or stand to be used by the licensee for vending under a license be submitted for inspection prior to the issuance of the license.
- The Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of these requirements do not apply to the licensee’s business.
Section 4 - Conditions for renewal of license
- The licensee shall ensure that prior to the expiration of the license, his or her hand-powered vehicle, or pedal-powered vehicle, or motor vehicle, or stand, and vending equipment, as the case may be, is submitted for inspection, by the Chief License Inspector as if the applicant were filing an original application.
- The licensee must also comply with the applicable requirements of Section 3.
Section 5 - Refusal of license
In addition to Section 21 of By-law No. 2002-189, the Chief License Inspector may refuse to issue or renew an itinerant seller license if,
- an inspection or inspections reveal that the site conditions are deemed unsuitable for the business;
- an inspection or inspections reveal that the vehicle or equipment used for vending does not meet the regulations of this licensing schedule; or
- the location from which the applicant proposes to operate does not comply with the applicable zoning by-law and will contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation.
Section 6 - Issuance of license
- The Chief License Inspector shall, upon issuing a license, furnish to the licensee who operates a hand-powered vehicle, a pedal-powered vehicle or motor vehicle, one (1) plate or decal bearing an identifying number, the category for which the license was issued, the words “Itinerant Seller” and “Ottawa”, and a serial number to be encoded on the hand-powered vehicle or other vehicle if the vehicle does not have one.
- Despite subsection 6 (1), the Chief License Inspector shall not furnish a plate or decal if the vendor is carrying the articles on his or her person or the vendor is not selling from a vehicle, in such a case the license certificate shall be displayed.
- Despite subsection 6(1), the Chief License Inspector shall not furnish a plate for “D”, “E” or “I”.
- Every licensee using a hand-powered vehicle, a pedal-powered vehicle or a motor vehicle shall ensure that the decal furnished pursuant to subsection 6 (1) is properly affixed to the upper right corner of the plate, and that the plate is attached by bolts to the right rear of the vehicle for which it has been issued so as to be clearly visible to the public during the currency of the license.
- Every licensee shall ensure that the license certificate issued by the Chief License Inspector is posted on or in the vehicle and visible to the public.
- Every licensee who vends under the authority of a license shall ensure that he or she has the license certificate in his or her possession.
- Every person who vends under the authority of a license shall ensure that the license certificate corresponds with the plate or decal furnished by the Chief License Inspector pursuant to subsection 6 (1).
- Every licensee shall produce the license certificate for inspection when so requested by a By-law Officer or Peace Officer.
- Every licensee who ceases to operate as an itinerant seller permanently shall return the plate to the Chief License Inspector within fifteen (15) business days.
Section 7 - Approvals required to vend from a particular location
- The issuance of a license to operate as an itinerant seller does not constitute the granting of authority to vend on any of the highways in the City.
- The issuance of a license to operate as an itinerant seller within the City does not constitute the granting of authority to vend on private property.
- No person shall vend on private property without the written consent of the owner or occupant of such property.
- No person shall vend on private property of the City without first obtaining written permission from the City.
- The onus of obtaining the necessary approval to vend from a particular location on private property from the owner of such property is solely on the licensee.
- Every person who vends on private property with the consent of the owner or occupant of such property shall:
- ensure that he or she has the consent in his or her possession, and that the consent includes the name and telephone number of the property owner, the duration of the permission and other conditions if applicable and,
- when so requested by the Chief License Inspector, or a Peace Officer, produce the consent for inspection.
- No person shall vend on the street or sidewalk without a valid permit, or authorization, to do so issued pursuant to the Designated Spaces Programme By-law.
- Licensed itinerant sellers who are participating in a special event on a highway that is carried on under the authority of a permit issued pursuant to By-law No. 2001-260, entitled “A by-law of the City of Ottawa to regulate special events on City streets”, as amended, may vend within the special event area.
- No person shall vend on the Sparks Street Mall without first obtaining the written consent of the Sparks Street Mall Management Board and a license under this Schedule.
- No person shall locate or operate as an itinerant seller:
- within forty-six (46) meters of a place of business selling the same or similar products,
- in a residential zone as specified by the applicable Zoning by-law,
- within nine (9) metres of an intersection,
- within ten (10) metres of a bus stop,
- within twenty (20) metres of a vendor who holds an encroachment permit pursuant to By-law No. 2003-446 entitled “A by-law of the City of Ottawa to regulate encroachments on City highways”, as amended, or a designated space permit pursuant to the Designated Space Programme By-law,
- within three (3) metres of another vendor,
- within six (6) metres of a pedestrian mall or promenade, or
- within (91) metres of the public markets.
- Despite subsection (10) (b), (e), and (f) vendors participating in a special event held pursuant to the said By-law No. 2001-260 are exempt.
- The location regulations in this Schedule shall not apply to any vending location established pursuant to the Designated Space Programme By-law.
- Every person who vends shall ensure that:
- he or she does not vend within forty-six (46) metres of premises known municipally as,
- 240 Sparks Street Mall, 240 and 250 Sparks Street and 235 Queen Street,
- L'Esplanade Laurier, 300 Laurier Avenue West, West Tower, 171-181 Bank Street, L'Esplanade Laurier Shopping Mall and 136-140 O'Connor Street, East Tower, and
- Place Bell Mall, 160 Elgin Street.
- he or she does not vend within forty-six (46) metres of premises known municipally as,
Section 8 - Insurance
- Every person who operates as an Itinerant Seller shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $1,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and including damage occasioned by any accident arising out of the operation of the vehicle for which a license has been applied for or obtained.
- Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured thereunder. Such insurance policy shall contain an endorsement to provide the City of Ottawa with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Ottawa prior to the issuance of a license.
Section 9 - Indemnification
The licensee shall indemnify and save harmless the City of Ottawa from and against any and all claims, demands, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the licensee of his or her obligations under the license whether with or without negligence on the part of the licensee, the licensee’s employees, directors, contractors and agents.
Section 10 - License transfers
- No license issued pursuant to this Schedule shall be transferred from person to person in any manner, including leasing agreement and assignment.
- No person shall transfer a license issued pursuant to this Schedule in any manner, including leasing agreement or assignment.
- Despite subsections 10 (1) and (2), a license “F”, “G” or “H” may be transferable to a parent, spouse, brother, sister, son or daughter of the original permit holder for a designated space provided that the permit has been transferred to said person pursuant to the Designated Space Programme By-law.
Section 11 - Location transfers
Despite Section 10, location transfers may be permitted with the approval of the Chief License Inspector.
Section 12 - Vehicle and equipment standards
- Every hand-powered or pedal-powered vehicle shall be purpose built and suitably designed for the licensed business and shall not include a table with castors.
- No person who vends shall use,
- a gasoline-powered generator,
- a propane-powered generator,
- a diesel-powered generator, or
-
a natural gas-powered generator,
in conjunction with the vending activity.
- Every licensee shall keep his or her hand-powered vehicle, pedal-powered vehicle or motor vehicle or stand at all times in a clean and sanitary condition and in a state of good repair and appearance.
- Every licensee shall use a hand-powered vehicle, pedal-powered vehicle, or motor vehicle that is capable of immediate relocation by the user.
- Every licensee shall have attached to or painted on both sides of the exterior body of every licensed motor vehicle, hand-powered or pedal-powered vehicles in a clearly visible position, a sign showing his or her trade name and business address legibly printed in letters and figures not less than seven (7) centimetres in height.
- No person shall use a hand-powered vehicle, pedal-powered vehicle or motor vehicle for vending that is not,
- structured so as to be safe and stable with or without goods, wares or merchandise therein, or
- capable of easy relocation by the user.
Section 13 - Hand-powered vehicle stands
- Every hand-powered vehicle shall,
- have,
- at least two (2) wheels,
- two (2) handles or a push-bar, and
- a body that is not higher than one point two (1.2) metres as measured from the ground to the top of the body,
- be mobile so that it may be pulled or pushed by hand by the person who is vending, and,
- be structured so as to be safe and stable with or without goods, wares or merchandise therein.
- have,
- The hand-powered vehicle may have a canopy so long as the canopy conforms to the provisions of subsection (3) or (4), whichever is applicable.
- The canopy may extend beyond the dimensions of the hand-powered vehicle prescribed by Section 14 provided that:
- the extension of the canopy is at the height of not less than two point two (2.20) metres measured from the ground,
- the extension of the canopy does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side, and
- the canopy does not extend into the street.
- Despite subsection (3), where the canopy is an umbrella it may extend beyond the dimensions of the hand-powered vehicle prescribed by Section 14 provided that:
- the diameter of the umbrella does not exceed two point three (2.3) metres,
- the outside perimeter of the umbrella does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side,
- the extension of the umbrella is at the height of not less than two point two (2.20) metres measured from the ground, and
- the umbrella is securely attached to the hand-powered vehicle.
- The maximum height of the display on or in the hand-powered vehicle shall not exceed a height of one point four (1.4) metres as measured from the ground to the top of the display.
- No person shall vend with or from a hand-powered vehicle that does not comply with the provisions of this Section.
Section 14 - Dimensions of hand-powered vehicles
- No licensee shall use a hand-powered vehicle that exceeds the dimensions of three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.
- The provisions of subsection (1) do not apply to prevent a person from using a hand-powered vehicle for vending on private property so long as it is on private property and approved by the Chief License Inspector.
Section 15 - Dimensions of pedal-powered vehicles
- No licensee shall use a pedal-powered vehicle that exceeds the dimensions of three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.
Section 16 - General regulations
- No licensee and a person who vends under the authority of a license shall fail to produce the following documentation when so requested by a By-law Officer or a Peace Officer:
- a copy of the valid itinerant seller license;
- a copy of the permission from the promoter of the event including the name and telephone number of the promoter, indicating that the licensee is authorized to vend during the special event; and
- a copy of the permission from the owner or occupant of the property including the name and telephone number of the property owner or occupant, indicating that the licensee is authorized to vend on the property and any conditions related to the permission if any.
- No licensee shall fail to submit the hand-powered vehicle, pedal-powered vehicle, or motor vehicle for inspection if requested to do so by a By-law Officer or a Peace Officer.
- Every person who vends under the authority of a license shall ensure that he or she has the license certificate in his or her possession.
- Every person who vends under the authority of a license shall ensure that the license corresponds with the plate or decal furnished by the Chief License Inspector pursuant to Section 6.
- A person who operates a business, whether a single enterprise, partnership or corporation, shall obtain a license for each individual who vends goods, wears or merchandise for that business.
- The license issued under Section 6 may be in the name of the business or the individual who is doing the actual vending to the public.
- In any prosecution, the onus of proof that he or she does not require a license shall be upon the person so prosecuted.
- Every licensee shall take prompt measures to reduce or eliminate nuisances created by the business when so directed by a By-law Officer or a Peace Officer.
- Every licensee participating in an event that takes place on private property or public property must provide the Chief License Inspector with a letter from the promoter of the event or the property owner or occupant of the location of the event stating that the licensee has permission to vend at the event.
- No licensee may change his or her location during the currency of the license without prior approval from the Chief License Inspector.
- Every licensee shall ensure that:
- he or she conforms, where applicable, in all respects with,
- the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended,
- the Traffic and Parking By-law (No. 2017-301) entitled “A by-law of City of Ottawa regulating traffic and parking on highways”, as amended, or any Act or by-law enacted in substitution therefor, and (By-law 2023-516)
- he or she does not interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the sidewalks or streets in the City.
- he or she conforms, where applicable, in all respects with,
- Despite any other provision of this by-law, when a person who operates a business has a license issued in the name of the business he or she shall ensure that the person who vends under the authority of the license has possession of the license certificate during the vending activity.
- Despite any other provision of this by-law, every person who vends merchandise for a person who operates a business shall produce the license certificate for inspection if requested by any By-law Officer or Peace Officer.
- No person who vends on the sidewalk, street or private property shall place any article around the hand-powered vehicle.
- Every person licensed as an itinerant seller who vends from door to door within the City shall restrict such sales to occur between the hours of 9:00 o'clock in the forenoon (9:00 am) and 9:00 o'clock in the afternoon (9:00 pm) during the days of Monday to Saturday inclusive.
- Every licensee who vends on a sidewalk or street shall restrict such sales to occur between 6:00 o'clock in the forenoon (6:00 am) and 11:00 o'clock in the afternoon (11:00 pm) of the same day.
- Every licensee shall ensure that his or her hand-powered vehicle or other vehicle or any article used in the business is removed from the sidewalk or street from the hours of 11:00 o'clock in the afternoon (11:00 pm) of one day to 6:00 o'clock in the forenoon (6:00 am) of the next following day.
- No person who vends shall leave the hand-powered vehicle or anything on the highway after the vending activity has ceased, or after eleven o’clock in the afternoon (11:00 pm) whichever occurs first.
- No licensee shall leave his or her hand-powered vehicle unattended on the sidewalk for a period of time in excess of thirty (30) minutes between 6:00 o'clock in the forenoon (6:00 am) and 11:00 o’clock in the afternoon (11:00 pm) of the same day.
- No licensee shall vend before 12:30 o’clock in the afternoon (12:30 pm) on November 11 (Remembrance Day):
- on Rideau Street or Wellington Street between Sussex Drive and Metcalfe Street, or
- on Elgin Street between Wellington Street and Queen Street.
- No licensee or a person who vends shall fail to ensure that the garbage or litter resulting from his or her vending activity is collected and removed from the vending area immediately after the vending activity has ceased.
- For the purposes of Section 21 the placing of the garbage or litter in a sidewalk refuse container provided by the City is not sufficient to constitute removal.
- No person licensed to vend on any sidewalk in the City shall vend within three (3) metres of any other itinerant seller or refreshment vehicle on July 1st (Canada Day).
- No person who vends on a sidewalk shall occupy or locate or utilize an area that exceeds three (3) metres in length by one (1) metre in width, by two point five (2.5) metres in height
- No person shall vend with or from a vehicle, other than a hand-powered vehicle, on a boulevard that has been improved with asphalt, decorative bricks, concrete or other fabricated substances.
- No person who vends shall locate a vending activity or equipment or thing on any portion of a sidewalk that,
- abuts a pedestrian mall or a pedestrian promenade, or
- is located within six (6) metres on either side of the area referred to in paragraph (a).
- For the purposes of subsection (26), the measurement shall be taken from the extension of the general building lines across the sidewalk to the curb for the determination of,
- the area of the abutting sidewalk, and
- the commencement of the six (6) metres.
- No licensee shall vend on the north side of Wellington Street and Rideau Street between MacKenzie Avenue and Bank Street.
- No licensee shall vend on Rideau Street between Sussex Drive and the east side of King Edward Avenue.
- No person shall vend on the sidewalk or property located in Confederation Square at the south side of Wellington Street and the bisection of Elgin Street on which the National War Memorial is sited.
- Every licensee shall ensure that he or she conforms with By-law No. 2005-358, entitled “A by-law of the City of Ottawa respecting vendors on highways”, as amended.
- Every street vendor, as defined in the said By-law No. 2005-358, as amended, shall ensure that he or she conforms with the said by-law.
Section 17 - Representation
- No person shall publish or cause to be published any representation that the person is licensed under this by-law if they are not so licensed.
- No person to whom a license has been issued to under this by-law shall alter, erase or modify or permit to the alteration erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing or her designate who has initialized the change.
Section 1 - License required
- The following licenses may be issued pursuant to this Schedule:
- a License “A,” an annual license to a person operating a mobile refreshment vehicle from a particular location on private property or at special events from May 15th to May 14th of the following year;
- a License “B,” a six month license to a person operating a mobile refreshment vehicle from a particular location on private property or at special events from May 15th to November 14th of the same year or from November 15th to May 14th of the following year.
- a License “C,” a monthly license to a person operating a mobile refreshment vehicle on private property or at special events from the fifteenth (15th) of one month to the fourteenth (14th) of the following month.
- a License “D,” a special event license to a person operating a mobile refreshment vehicle at a special event with a duration of one (1) to twenty-one (21) consecutive days.
- a License “E,” a special event per day license to a person operating a mobile refreshment vehicle at a special event with a duration of one (1) to four (4) consecutive days.
- a License “F,” a roadway annual license to a person operating a mobile refreshment vehicle, licensed as a motor vehicle pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and not a trailer, in a designated space pursuant to By-law No. 2007-478, entitled “A by-law of the City of Ottawa respecting designated spaces and to repeal By-law Number 300-96 of the old City of Ottawa” on the roadway in the former City of Ottawa or at special events from May 15th to May 14th of the following year.
- a License “G,” a roadway six month license to a person operating a mobile refreshment vehicle, licensed as a motor vehicle pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and not a trailer, in a designated space pursuant to said By-law No. 2007-478 on the roadway in the former City of Ottawa or at special events from May 15th to November 14th of the same year, or from November 15th to May 14th of the following year.
- a License “H,” a roadway monthly license to a person operating a mobile refreshment vehicle, licensed as a motor vehicle pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and not a trailer, in a designated space pursuant to said By-law No. 2007-478 on the roadway in the former City of Ottawa or at special events from the 15th of one month until the 14th of the following month.
- a License “I,” Canada Day License to a person selling refreshments from a mobile refreshment vehicle on Canada Day (July 1st) in the removal zone as indicated in the said By-law No. 2007-478.
- Every person who operates a mobile refreshment vehicle shall obtain a license.
- Every person who operates mobile refreshment vehicles shall obtain a separate license for each mobile refreshment vehicle.
- No “F”, “G” or “H” class licenses shall be issued to applicants who do not hold a designated space permit issued pursuant to the said By-law No. 2007-478.
- Every mobile refreshment vehicle operator shall require a Canada Day license to operate within the removal zone as indicated in the said By-law No. 2007-478.
- Despite subsections 1(1), (a), (b), (c), (d) and (e) mobile refreshment vehicles licensed prior to January 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the mobile refreshment vehicle.
Section 2 - Exemptions
- Subsection 1 (2) does not apply to:
- farmers’ markets and events that are sponsored by and benefit farmers’ markets,
- public markets managed by the City,
- agricultural fairs and events that are sponsored by and benefit agricultural fairs,
- the Central Canada Exhibition,
- fundraisers for charitable and not-for-profit organizations that operate solely for cultural or religious goals, social welfare, civic improvement, recreation, amateur sport or any other similar community enhancement initiatives for any purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person,
- despite subsection (e), individual mobile refreshment vehicle vendors participating in an event for fundraising purposes that do not donate all of their profits to the charity or not-for-profit organization for which the event is being held shall require a license.
- No holder of a license “A”, “B”, “C”, “F”, “G” or “H”, issued under this Schedule shall be permitted to vend at a special event unless the licensee:
- has notified the Chief License Inspector of:
- his or her intention to vend at the special event,
- the description of the special event including its location, duration and hours of operation,
- the name and telephone number of the promoter,
- has written proof that he or she is permitted to operate at the special event,
- operates from the mobile refreshment vehicle identified under his or her license, and
- has a valid license at the time of and for the duration of the special event.
- has notified the Chief License Inspector of:
- Despite subsection (1), the operator of a mobile refreshment vehicle must comply with all municipal, provincial and federal Acts, regulations and by-laws.
- The provisions of this schedule do not apply in the rural wards:
- Ward 5 - West Carleton March,
- Ward 19 - Orléans South-Navan, (by-law 2023-516)
- Ward 20 - Osgoode,
- Ward 21 – Rideau-Jock. (By-law 2023-516)
Section 3 - Conditions for issuance
- No applicant for a refreshment vehicle license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the applicant has indicated on the application the type of refreshment vehicle operation,
- the applicant has provided the following information related to the mobile refreshment vehicle:
- a recent colour photograph of the mobile refreshment vehicle to be used in the business,
- the maximum height, length, width and depth of the mobile refreshment vehicle,
- the type of heating and cooking equipment used,
- other equipment to be used in the business, and
- the make, model, style and serial number of the mobile refreshment vehicle,
- where applicable, the applicant has provided a certificate issued no more than sixty days prior to the application date and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, 2000 S.O. 2000, c.16, as amended, with respect to the mobile refreshment vehicle,
- the applicant has filed proof of insurance in accordance with the requirements of Section 8,
- the applicant has met all requirements of the Health Protection and Promotion Act R.S.O. 1990, c. H.7, as amended, and of Ontario Regulation 493/17 enacted thereunder, (By-law 2023-516)
- the Medical Officer of Health has reported in writing that the mobile refreshment vehicle is suitable for the purpose of the license application and is in a sanitary condition,
- the Chief License Inspector has reported in writing, that the mobile refreshment vehicle and its equipment are suitable for the vending operation noted in the application,
- where an applicant is applying for a class “D” or “E” license, the applicant has furnished details to the Chief License Inspector outlined in subsection 2 (2),
- if applying to sell on private property, the applicant has filed written proof with the Chief License Inspector that the owner or occupant of the property has granted permission to the applicant for the use of the property for the vending business indicated on the application, the duration and conditions of permission, the name and telephone number of the owner or occupant of the property,
- the location from which the applicant proposes to operate the mobile refreshment vehicle complies with the applicable zoning by-law and will not contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation,
- the applicant is the holder of a current motor vehicle permit issued pursuant to the said Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, that permits the vehicle to be driven on any highway, where applicable,
- the applicant has paid the fees set out in Schedule “A”, and
- the mobile refreshment vehicle complies with the requirements of the Fire Code and the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. (By-law 2009-153)
Section 4 - Conditions for renewal of license
- The Chief License Inspector may require the licensee to submit his or her mobile refreshment vehicle and equipment for inspection by the Chief Medical Officer of Health, at any reasonable time during the current license period.
- The Chief License Inspector is authorized to require that a mobile refreshment vehicle operator prove that the vehicle being used for the vending activity is capable of mobility under its own motor power.
- Despite subsection 4 (2), the operator of a trailer operating as a mobile refreshment vehicle may be required to prove that the trailer is capable of being towed by a motor vehicle immediately upon request.
- Despite subsection 4 (2) and (3), mobile refreshment vehicles licensed prior to January 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the mobile refreshment vehicle.
- The Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of the requirements of these clauses do not apply.
- The licensee shall ensure that prior to the expiration of the license, his or her mobile refreshment vehicle and vending equipment are submitted for inspection, where applicable, to,
- the Medical Officer of Health, and
-
the Chief License Inspector
as if the applicant was filing an original application.
- The licensee must also comply with the applicable requirements of Section 3.
Section 5 - Refusal of license
- In addition to Section 21 of By-law No. 2002-189, the Chief License Inspector may refuse to issue a mobile refreshment vehicle license or may refuse to renew a license if,
- an inspection or inspections reveal that the site conditions are deemed inappropriate or unsuitable for the business,
- an inspection or inspections reveal that the mobile refreshment vehicle or equipment used for vending do not meet the regulations of this licensing schedule,
- the Medical Officer of Health has reported in writing that the mobile refreshment vehicle or vending equipment is not suitable for the purpose of the license application and is not in a sanitary condition,
- the location from which the applicant proposes to operate the mobile refreshment vehicle does not comply with the applicable zoning by-law and will contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation,
- the certificate provided by the applicant and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16, as amended, with respect to the vehicle, does not meet the provisions of this by-law,
- where applicable the vehicle is not capable of mobility under its own motor power or the trailer is not capable of mobility while hitched to a motor vehicle capable of towing the trailer, or
- the Chief License Inspector has reported in writing that the refreshment vehicle or vending equipment is unsuitable for the purpose of the license application and is in an unsafe condition.
- Despite subsection (1) (f), mobile refreshment vehicles licensed prior to January 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the mobile refreshment vehicle.
Section 6 - Issuance of License
- The Chief License Inspector shall furnish a plate or decal bearing an identifying number that may be differentiated from other classes by colour.
- Despite subsection 6 (1), the Chief License Inspector shall not furnish a plate or decal for a mobile refreshment vehicle license “D”, “E” or “I”.
- Every licensee operating a mobile refreshment vehicle shall ensure that the decal furnished pursuant to Section 6 is properly affixed to the upper right corner of the plate and that the plate is attached to the right rear of the mobile refreshment vehicle for which it has been issued, so as to be clearly visible to the public during the currency of the license.
- Every licensee shall ensure that the license certificate issued by the Chief License Inspector is posted on or in the mobile refreshment vehicle and visible to the public;
- Every person who vends under the authority of a license shall ensure that he or she has the license certificate in his or her possession.
- Every person who vends under the authority of a license shall ensure that the license certificate corresponds with the plate or decal furnished by the Chief License Inspector pursuant to subsection 6 (1).
- Every licensee shall produce the license certificate for inspection when so requested by a By-law Officer or Peace Officer.
- Every licensee who ceases to operate a mobile refreshment business permanently shall return the plate to the Chief License Inspector within fifteen (15) business days.
Section 7 - Approvals required to vend from a particular location
- The issuance of a license to operate a mobile refreshment vehicle does not constitute the granting of authority to vend on any of the highways in the City.
- The issuance of a license to operate a mobile refreshment vehicle does not constitute the granting of authority to vend on private property.
- The onus of obtaining the necessary approval to vend from a particular location on private property from the owner of such property is solely on the licensee.
- No person shall vend on private property of the City without first obtaining the written permission from the City.
- Licensed mobile refreshment vehicle operators who hold a permit issued under the said By-law No. 2007-478 or who are exempted from holding a permit under the said By-law No. 2007-478 may vend on City highways within the removal zones.
- Licensed mobile refreshment vehicle operators who are participating in a special event on a highway that is carried on under the authority of a permit issued pursuant to By-law No. 2001-260 entitled “A by-law of the City of Ottawa to regulate special events on City streets”, as amended, may vend within the special event area.
- No person shall vend on private property without the written consent of the owner or occupant of such property.
- No person shall vend from a mobile refreshment vehicle on the street or sidewalk without a valid permit to do so issued pursuant to the said By-law No. 2007-478 or authorized to do so pursuant to the said By-law No. 2007-478.
- No person shall vend from a mobile refreshment vehicle on the Sparks Street Mall without first obtaining the written consent of the Sparks Street Mall Management Board and a license under this Schedule.
- No person shall locate or operate a refreshment vehicle:
- within forty-six (46) metres of a Food Premises,
- in a residential zone as specified by the applicable Zoning by-law,
- within nine (9) metres of an intersection,
- within ten (10) metres of a bus stop,
- within twenty (20) metres of a vendor who holds an encroachment permit pursuant to By-law No. 2003-446, entitled “A by-law of the City of Ottawa to regulate encroachments on City highways”, as amended, or a designated space permit pursuant to the said By-law No. 2007-478,
- within three (3) metres of another vendor,
- within six (6) metres of a pedestrian mall or promenade; or
- within ninety-one (91) metres of the public markets.
- Despite subsection (10) (b), (d), (e), and (f) vendors participating in a special event held pursuant to the By-law No. 2001-260, entitled “A by-law to regulate special events on City streets” are exempt.
- Despite subsection (10) (a), a licensee may operate less than forty-six (46) metres from a food premises provided that the licensee obtains a written letter from the affected food premises stating that there is no objection to the operation of the mobile refreshment vehicle at the intended location and any applicable conditions. A copy of this letter shall be provided to the Chief License Inspector at the time of application and annually upon renewal. The wording of the letter shall be to the Chief License Inspector’s satisfaction.
- The distance from a food premises is measured to the structure for a stand-alone food premises and to the building for a food premises in a shopping plaza, shopping centre or similar shopping area. (By-law 2009-153)
- The location regulations in this Schedule shall not apply to any vending location established pursuant to the said By-law No. 2007-478.
Section 8 - Insurance
- Every owner or operator of a mobile refreshment vehicle shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $2,000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof, and including damage occasioned by any accident arising out of the operation of the mobile refreshment vehicle or trailer for which a license has been applied for or obtained.
- Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured thereunder. Such insurance policy shall contain an endorsement to provide the City of Ottawa with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Ottawa prior to the issuance of a license.
Section 9 - Indemnification
The applicant shall indemnify and save harmless the City of Ottawa from and against any and all claims, demands, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the applicant of his or her obligations under the license whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.
Section 10 - License transfer
- No license issued pursuant to this Schedule shall be transferred from person to person in any manner, including leasing agreement and assignment.
- No person shall transfer a license issued pursuant to this Schedule in any manner, including leasing agreement or assignment.
- Despite subsections (1) and (2), a license “F”, “G” or “H” shall be transferable to a parent, spouse, brother, sister, son or daughter of the original permit holder for a designated space provided that the permit has been transferred to said person pursuant to the said By-law No. 2007-478.
Section 11 - Location transfer
Despite Section 10, location transfers shall be permitted upon approval of the Chief License Inspector.
Section 12 - Mobile refreshment vehicle and equipment standards
- Mobile refreshment vehicles shall be purpose-built and suitably designed for the licensed business.
- Every licensee shall at all times keep his or her mobile refreshment vehicle in a clean and sanitary condition and in a state of good repair and appearance.
- Every licensee shall use a mobile refreshment vehicle that is licensed as a motor vehicle pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and capable of immediate relocation by the operator upon being directed so to do.
- Despite subsection (3), a trailer shall be permitted, however a motor vehicle capable of towing the trailer must remain accessible at all times.
- Despite subsections (3) and (4), mobile refreshment vehicles licensed prior to January 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle.
- No person who vends shall use,
- an external gasoline-powered generator,
- an external propane-powered generator,
- an external diesel-powered generator, or
-
an external natural gas-powered generator,
in conjunction with the vending activity.
- Every licensee operating a mobile refreshment vehicle shall have attached or painted on two sides of the exterior body of the mobile refreshment vehicle, in a clearly visible position, a sign showing his or her trade name, legibly printed in letters and figures not less than seven (7) centimetres in height.
- Every licensee using a mobile refreshment vehicle with a food heating capability, food cooking capability or electric heater shall ensure that his or her mobile refreshment vehicle is adequately equipped with a fire extinguisher consistent with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and Regulation 213, as amended, enacted thereunder.
- No licensee shall construct a structure or cause a structure to be constructed around or adjacent to a mobile refreshment vehicle so as to make the vehicle or trailer immobile.
- Despite subsection 12 (9), mobile refreshment vehicles licensed prior to January 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle and any structures existing prior to January 1, 2008 shall be permitted.
- No licensee shall operate from a mobile refreshment vehicle with visible rust.
- Where reports have been received from the Medical Officer of Health in respect of the mobile refreshment vehicle, and the Chief License Inspector has issued the license based on the reports, the licensee shall ensure that no modifications are made to the mobile refreshment vehicle, or equipment related to the mobile refreshment vehicle operation, without the prior approval of the Chief License Inspector.
- Every refreshment vehicle that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, may have a canopy that extends beyond the dimensions of the vehicle provided that:
- the extension of the canopy is at the height of not less than two point two (2.2) metres measured from the ground, and
- the extension of the canopy does not extend beyond the dimensions of the vehicle by more than one (1) metre on any one (1) side.
- no part of the canopy shall extend into the street.
Section 13 - Dimensions of a mobile refreshment vehicle
No person shall use a mobile refreshment vehicle that exceeds the dimensions of ten (10) metres in length by two point six (2.6) metres in width, by four point three (4.3) metres in height.
Section 14 - General regulations
- No licensee shall carry, sell, offer or expose for sale any food product that is prohibited by the Medical Officer of Health.
- No licensee shall fail to comply with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and regulations enacted thereunder.
- No licensee or a person who vends under the authority of a license shall fail to produce the following documentation when so requested by a By-law Officer or a Peace Officer:
- a copy of the valid mobile refreshment vehicle license;
- a copy of the permission from the promoter of the event including the name and telephone number of the promoter, indicating that the licensee is authorized to vend during the special event;
- a copy of the permission from the occupant or owner of the property including the name and telephone number of the property owner, indicating that the licensee is authorized to vend on the property and any conditions related to the permission if any; and
- a certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16. as amended.
- No licensee shall fail to submit the mobile refreshment vehicle or any equipment for an inspection if requested to do so by a By-law Officer or a Peace Officer.
- Every licensee shall relocate the mobile refreshment vehicle immediately upon being so directed by the Chief License Inspector or a Peace Officer.
- Every licensee shall take prompt measures to reduce or eliminate nuisances created by the business when so directed by a By-law Officer or a Peace Officer.
- No licensee shall fail to ensure that the licensed business does not:
- interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the highways in the City,
- interfere with a designated fire route pursuant to By-law No. 2003-499, entitled “A by-law of the City of Ottawa to designate Fire Routes”, as amended,
- interfere with highway maintenance or highway signage, and
- interfere with required parking spaces, private approaches, accesses or egresses to buildings or premises.
- Every licensee who is vending on private property shall ensure that the vending activity is set back from the highway so as not to create a traffic hazard.
- No licensee shall change his or her particular vending location during the currency of the license without prior approval of the Chief License Inspector.
- No licensee shall allow modifications to the equipment without the prior approval of the Chief License Inspector.
- Every licensee shall ensure that any grease or water used in the business is disposed of in a manner that complies with all municipal, provincial and federal statutes, laws, by-laws and regulations.
- Every licensee shall ensure that he or she conforms, where applicable, to
- the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended,
- By-law No. 2003-530, entitled “A by-law of the City of Ottawa regulating traffic and parking on highways”, as amended, and
- By-law No. 2005-358, entitled “A by-law respecting vendors on highways”, as amended.
- No person who vends with or from a mobile refreshment vehicle on the highway shall place or locate any carton, box or other article, other than a garbage receptacle, outside of the refreshment vehicle.
- Every licensee who vends on the street shall restrict such sales to occur between 5:30 o'clock in the forenoon (5:30 am) and eleven o’clock in the afternoon (11:00 pm) of the same day.
- Every licensee shall ensure that his or her mobile refreshment vehicle or any article used in the business is removed from the highway from the hours of eleven o’clock in the afternoon (11:00 pm) of one day to 5:30 o'clock in the forenoon (5:30 am) of the next following day.
- No person who vends shall leave the vehicle or anything on the highway after the vending activity has ceased, or after eleven o’clock in the afternoon (11:00 pm), whichever occurs first.
- No licensee shall leave his or her vehicle unattended on the highway for a period of time in excess thirty (30) minutes between 5:30 o'clock in the forenoon (5:30 am) and eleven o’clock in the afternoon (11:00 pm) of the same day.
- Despite subsections (15) and (16), no licensee shall vend:
- on Rideau Street or Wellington Street between Sussex Drive and Metcalfe Street, or;
- on Elgin Street between Wellington Street and Queen Street, before 12:30 o'clock in the afternoon (12:30 pm) on November 11 (Remembrance Day).
- No licensee shall vend on the north side of Wellington Street and Rideau Street between MacKenzie Avenue and Bank Street.
- No licensee shall vend on Rideau Street between Sussex Drive and the east side of King Edward Avenue.
- No licensee shall vend on the sidewalk or property located in Confederation Square at the south side of Wellington Street and the bisection of Elgin Street on which the National War Memorial is sited.
- Every licensee shall ensure that he or she conforms with the said By-law No. 2005-358, as amended.
- Every street vendor, as defined in the said By-law No. 2005-358, shall ensure that he or she conforms with the said By-law No. 2005-358, as amended.
Section 15 - Requirement for garbage or litter control
- Every licensee shall ensure that a sufficient number of trash receptacles are placed outside the mobile refreshment vehicle at suitable locations to keep up with the amount of trash generated by the vending operation.
- Every licensee shall ensure that the trash created by the vending activity shall be disposed of as required to prevent overflow.
- Every licensee shall ensure that the trash resulting from his or her vending activity is collected and removed from the vending area when leaving for the day.
- For the purposes of this Section, the placing of the trash in a sidewalk refuse container provided by the City is not sufficient to constitute removal.
- Every licensee shall ensure that the garbage receptacle placed outside the vehicle is removed from vending area and that the trash is disposed of in a proper manner when the business closes at the end of the day.
Section 16 - Representation
- No person shall publish or cause to be published any representation that the person is licensed under this by-law if they are not so licensed.
- No person to whom a license has been issued to under this by-law shall alter, erase or modify or permit the alteration erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing or designate who has initialized the change.
Section 1 - License required
- The following mobile canteen licenses may be issued pursuant to this Schedule:
- a License “A,” an annual license to a person operating a mobile canteen on private property or at special events from May 15th until May 14th of the following year.
- a License “B,” a six month license to a person operating a mobile canteen on private property or at special events from May 15th to November 14th of the same year or from November 15th to May 14th of the following year.
- a License “C,” a monthly license to a person operating a mobile canteen on private property or at special events from the fifteenth (15th) of one month until the fourteenth (14th) of the following month.
- a License “D,” a special event license to a person operating a mobile canteen on private property or at special events from one (1) to twenty-one (21) consecutive days.
- a License “E,” a special event per day license to a person operating a mobile canteen on private property or at a special event from one (1) to four (4) consecutive days.
- Every person who operates a mobile canteen shall obtain a license.
- Every person who operates mobile canteens shall obtain a separate license for each mobile canteen.
Section 2 - Exemptions
- Subsection 1(2) does not apply to:
- farmers’ markets and events that are sponsored by and benefit farmers’ markets;
- public markets managed by the City;
- agricultural fairs and events that are sponsored by and benefit agricultural fairs;
- the Central Canada Exhibition,
- fundraisers for charitable and not-for-profit organizations that operate solely for cultural or religious goals, social welfare, civic improvement, recreation, amateur sport or any other similar community enhancement initiatives for any purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person,
- Despite subsection (e) individual mobile canteen vendors participating in an event for fundraising purposes that do not donate all of their profits to the charity or not-for-profit organization for which the event is being held shall require a license.
- No holder of a license “A”, “B” or “C” issued under this Schedule shall be permitted to vend at a special event unless the licensee:
- has notified the Chief License Inspector of:
- his or her intention to vend at the special event;
- the description of the special event including its location, duration and hours of operation;
- the name and phone number of the promoter;
- has written proof that he or she is permitted to operate at the special event;
- operates from the mobile canteen identified under his or her license; and
- has a valid license at the time of and for the duration of the special event.
- has notified the Chief License Inspector of:
- Despite Section 2 of this by-law, the operator of the mobile canteen must comply with all other municipal, provincial and federal acts, regulations and by-laws.
- The provisions of this Schedule do not apply in the rural wards:
- Ward 5 – West Carleton March
- Ward 19 – Orléans South-Navan (By-law 2023-516)
- Ward 20 – Osgoode
- Ward 21 – Rideau-Jock. (By-law 2023-516)
Section 3 - Conditions for Issuance
- No applicant for a mobile canteen license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the applicant has indicated on the application the type of mobile canteen operation;
- the applicant has provided the following details of the mobile canteen to be used in the business:
- a recent colour photograph of the mobile canteen to be used in the business,
- the maximum height, length, width and depth of the mobile canteen;
- the type of heating equipment used,
- other equipment to be used in the business,
- the make, model, style and vehicle information number of the mobile canteen;
-
- where applicable the applicant has provided a certificate issued no more than sixty days prior to the application date and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, 2000 S.O. 2000, c.16, as amended with respect to the mobile canteen,
- the applicant has filed proof of insurance in accordance with the requirements of Section 8,
- the applicant has met all requirements of the Health Protection and Promotion Act, R.S.O. 1990, c. H7, as amended, and of Ontario Regulation 493/17 enacted thereunder, (By-law 2023-516)
- the Medical Officer of Health has reported in writing that the mobile canteen is suitable for the purpose of the license application and is in a sanitary condition,
- the Chief License Inspector has reported in writing that the mobile canteen and its equipment are suitable for the vending operation noted in the application,
- where an applicant is applying for a class “D” or “E” license, the applicant has furnished details to the Chief License Inspector outlined in subsection 2 (2),
- the applicant is the holder of a current motor vehicle permit issued pursuant to the said Highway Traffic Act, R.S.O. 1990, c. H.8, as amended that permits it to be driven on any highway,
- the applicant has paid the fees set out in Schedule “A”, and
- the mobile canteen complies with the requirements of the Fire Code and the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. (By-law 2009-153)
Section 4 - Conditions for renewal of license
- The Chief License Inspector may require the licensee to submit his or her mobile canteen and equipment for inspection by the Chief Medical Officer of Health, at any reasonable time during the current license period.
- The Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of the requirements of these clauses do not apply.
- The licensee shall ensure that prior to the expiration of the license, his or her mobile canteen and vending equipment is submitted for inspection, where applicable, to,
- the Medical Officer of Health, and
-
the Chief License Inspector,
as if the applicant was filing an original application.
- The licensee must also comply with the applicable requirements of Section 3.
Section 5 - Refusal of License
In addition to Section 21 of By-law No. 2002-189 the Chief License Inspector may refuse to issue a mobile canteen license or may refuse to renew a license if,
- an inspection reveals that the site conditions are deemed inappropriate or unsuitable for the business,
- an inspection or inspections reveal that the vehicle or equipment used for vending do not meet the regulations of this licensing schedule,
- the Medical Officer of Health has not reported in writing that the mobile canteen or its equipment is or are suitable for the activity and is in a sanitary condition,
- a certificate provided by the applicant and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended, with respect to the vehicle, does not meet the provisions of this by-law, and
- the Chief License Inspector has reported in writing, where applicable that the mobile canteen or vending equipment is unsuitable for the purpose of the license application and is in an unsafe condition.
Section 6 - Issuance of license
- The Chief License Inspector shall furnish a plate or decal bearing an identifying number and it may be differentiated from other classes by colour.
- Despite subsection (1) the Chief License Inspector shall not furnish a plate or decal for a mobile canteen license “D” or “E”.
- Every licensee using a mobile canteen shall ensure that the decal furnished pursuant to Section 6 is properly affixed to the upper right corner of the plate and that the plate is attached to the right rear of the mobile canteen for which it has been issued so as to be clearly visible to the public during the currency of the license.
- Every licensee shall ensure that the license certificate issued by the Chief License Inspector is posted on or in the mobile canteen and visible to the public.
- Every person who vends under the authority of a license shall ensure that he or she has the license certificate in his or her possession.
- Every person who vends under the authority of a license shall ensure that the license corresponds with the plate or decal furnished by the Chief License Inspector pursuant to Section 6.
- Every licensee shall produce the license certificate for inspection when so requested by a By-law Officer or a Peace Officer.
- Every licensee who ceases to operate the mobile canteen permanently shall return the plate to the Chief License Inspector within fifteen (15) business days.
Section 7 - Approvals required to vend from a particular location
- The issuance of a license to operate a mobile canteen does not constitute the granting of authority to vend on any of the highways in the City.
- The issuance of a license to operate a mobile canteen does not constitute the granting of authority to vend on private property.
- No person shall vend on private property without the written consent of the owner or occupant of such property.
- The onus of obtaining the necessary approval to vend at a location on private property from the owner of such property is solely on the licensee.
- No person shall vend on private property of the City without first obtaining written permission from the City.
- Licensed mobile canteen operators who are participating in a special event on a highway that is carried on under the authority of a permit issued pursuant to By-law No. 2001-260 entitled “A by-law of the City of Ottawa to regulate special events on City streets”, as amended, may vend within the special event area.
- No person shall locate or operate a mobile canteen:
- within forty-six (46) metres of a Food Premises;
- in a residential zone as specified by the applicable Zoning by-law;
- within nine (9) metres of an intersection;
- within ten (10) metres of a bus stop;
- within twenty (20) metres of a vendor who holds an encroachment permit pursuant to By-law No. 2003-446 entitled “A by-law of the City of Ottawa to regulate encroachments on Highways”, as amended, or a designated space permit pursuant to By-law No. 2007-478, entitled “A by-law of the City of Ottawa respecting designated spaces and to repeal By-law Number 300-96 of the old City of Ottawa”;
- within three (3) metres of another vendor;
- within six (6) metres of a pedestrian mall or promenade; or
- within ninety-one (91) metres of the public markets.
- The distance from a food premises is measured to the structure for a stand-alone food premises and to the building for a food premises in a shopping plaza, shopping centre or similar shopping area. (By-law 2009-153)
- Every person who vends on private property with the consent of the owner or occupant of such property shall:
- ensure that he or she has the consent in his or her possession, and
- when so requested by the Chief License Inspector, or a Peace Officer, produce the consent for inspection.
Section 8 - Insurance
- Every owner or operator of a mobile canteen shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $2,000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and including damage occasioned by any accident arising out of the operation of the mobile canteen for which a license has been applied for or obtained.
- Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured thereunder. Such insurance policy shall contain an endorsement to provide the City of Ottawa with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Ottawa prior to the issuance of a license.
Section 9 - Indemnification
The applicant shall indemnify and save harmless the City of Ottawa from and against any and all claims, demands, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the applicant of his or her obligations under the license whether with our without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.
Section 10 - License transfer
- No license issued pursuant to this schedule shall be transferred in any manner, including leasing agreement and assignment.
- No person shall transfer a license issued pursuant to this Schedule in any manner, including leasing agreement or assignment.
Section 11 - Mobile canteen and equipment standards
- Mobile canteens shall be purpose built and suitably designed for the business.
- Every licensee shall at all times keep his or her mobile canteen in a clean and sanitary condition and in a state of good repair and appearance.
- Every licensee shall use a mobile canteen that is capable of relocation by the operator immediately upon being directed so to do.
- No person who vends shall use,
- an external gasoline-powered generator,
- an external propane-powered generator,
- an external diesel-powered generator, or
-
an external natural gas-powered generator,
in conjunction with the vending activity.
- Every licensee using a mobile canteen with a food heating capability or electric heater shall ensure that his or her mobile canteen is adequately equipped with a fire extinguisher consistent with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended and Regulation 213, as amended, enacted thereunder.
- Every licensee shall use a mobile canteen that has been licensed as a motor vehicle pursuant the Highway Traffic Act, R.S.O. 1990, C. H.8, as amended.
- Where reports have been received from the Medical Officer of Health in respect of the mobile canteen, and the Chief License Inspector has issued the license based on the reports, the licensee shall ensure that no modifications are made to the mobile canteen, or equipment related to the mobile canteen operation, without the prior approval of the Chief License Inspector.
- No person shall use a mobile canteen that exceeds the dimensions of ten (10) metres in length by two point six (2.6) metres in width, by four point three (4.3) metres in height.
Section 12 - General regulations
- No licensee shall carry, sell, offer or expose for sale any food product that is prohibited by the Medical Officer of Health.
- No licensee shall fail to comply with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and regulations enacted thereunder.
- No licensee or a person who vends under the authority of a license shall fail to produce the following documentation when so requested by a By-law Officer or a Peace Officer:
- a copy of the valid mobile canteen license;
- a copy of the permission from the promoter of the event including the name and telephone number of the promoter, indicating that the licensee is authorized to vend during the special event;
- a copy of the permission of the owner of the property including the name and telephone number of the property owner or occupant, indicating that the licensee is authorized to vend on the property and any conditions related to the permission if any;
- a certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended.
- No licensee shall fail to submit the mobile canteen for an inspection if requested to do so by a By-law Officer or a Peace Officer.
- Every licensee shall take prompt measures to reduce or eliminate nuisances created by the business when so directed by a By-law Officer or a Peace Officer.
- No licensee shall fail to ensure that the licensed business does not:
- interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the highways in the City;
- interfere with a designated fire route pursuant to By-law No. 2003-499, entitled “A by-law of the City of Ottawa to designate Fire Routes”, as amended;
- interfere with highway maintenance or highway signage; and
- interfere with required parking spaces, private approaches, accesses or egresses to buildings or premises;
- Every licensee who is vending on private property shall ensure that the vending activity is set back from the highway so as not to create a traffic hazard.
- No licensee shall allow modifications to the equipment without the prior approval of the Chief License Inspector.
- Every licensee shall ensure that any grease or water used in the business is disposed of in a manner that complies with all municipal, provincial and federal statutes, laws, by-laws and regulations.
- Every licensee shall ensure that he or she conforms, where applicable, to
- the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended,
- By law No. 2003-530 entitled “A by law of the City of Ottawa regulating traffic and parking on highways”, as amended,
- By-law No. 2005-358, entitled “A by-law respecting vendors on highways”, as amended.
- No person shall vend on the sidewalk or property located in Confederation Square at the south side of Wellington Street and the bisection of Elgin Street on which the National War Memorial is sited.
- No person shall vend:
- on Rideau Street or Wellington Street between Sussex Drive and Metcalfe Street, or
-
on Elgin Street between Wellington Street and Queen Street,
before 12:30 o'clock in the afternoon (12:30 pm) on November 11 (Remembrance Day).
- No person shall cook food products in a "Mobile Canteen”.
- Every licensee shall ensure that his or her mobile canteen is a fit motor vehicle under the said Highway Traffic Act.
- No person who vends with or from a mobile canteen shall place or locate any carton, box or other article, other than a garbage receptacle, outside of the vehicle.
- No holder of a “Mobile Canteen” License shall vend with or from a mobile canteen in any area designated as a “residential area” in the applicable zoning By-law except on a construction site during periods of construction, but this does not include a single site for the construction of housing in an already established neighbourhood.
- Any holder of a “Mobile Canteen” license may remain up to thirty (30) minutes at a location on a street, subject to the said By law No. 2003-530, as amended, at a construction site or place of employment provided that the majority of the licensee active vending time in any one (1) day is spent on private property and that there are no food premises within forty-six (46) metres of said vending location.
- No person shall vend on the north side of Wellington Street and Rideau Street between MacKenzie Avenue and Bank Street.
- No person shall vend on Rideau Street between Sussex Drive and the east side of King Edward Avenue.
- Every street vendor, as defined in the said By-law No. 2005-358, as amended, shall ensure that he or she conforms with the said By-law No. 2005-358.
Section 13 - Requirement for garbage or litter control
- Every licensee shall ensure that a sufficient number of trash receptacles are placed outside the mobile canteen at suitable locations to keep up with the amount of trash generated by the vending operation.
- Every licensee shall ensure that the trash created by the vending activity shall be disposed of as required to prevent overflow.
- Every licensee shall ensure that the garbage or litter resulting from his or her vending activity is collected and removed from the vending area when leaving for the day.
- For the purposes of this Section, the placing of the garbage or litter in a sidewalk refuse container provided by the City is not sufficient to constitute removal.
- Every licensee shall ensure that he or she conforms with the said By-law No. 2005-358, as amended.
- Every licensee shall ensure that the garbage receptacle placed outside the vehicle is removed from vending area and that the garbage is disposed of in a proper manner when the business closes at the end of the day.
Section 14 - Representation
- No person shall publish or cause to be published any representation that the person is licensed under this by-law if they are not so licensed.
- No person to whom a license has been issued to under this by-law shall alter, erase or modify or permit the alteration erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing or a designate who has initialized the change.
Section 1 - Licenses required
- The following mobile refreshment cart licenses may be issued pursuant to this Schedule:
- a License “A,” an annual license to a person operating a mobile refreshment cart on private property from a particular location or at special events from May 15th to May 14th of the following year.
- a License “B,” a six-month license to a person operating a mobile refreshment cart on private property from a particular location or at special events from May 15th to November 14th of the same year or November 15th to May 14th of the following year.
- a License “C,” a monthly license to a person operating a mobile refreshment cart on private property from a particular location or at special events from the fifteenth (15th) of one month to the fourteenth (14th) of the following month.
- a License “D,” a special event license to a person operating a mobile refreshment cart at a special event for the duration of the event from one (1) to twenty-one (21) consecutive days.
- a License “E,” a special event per day license to a person operating a mobile refreshment cart at a special event for the duration of the event from one (1) to four (4) consecutive days.
- a License “F,” a sidewalk annual license to a person operating a mobile refreshment cart in a designated space pursuant to By-law No. 2007-478, entitled “A by-law of the City of Ottawa respecting designated spaces and to repeal By-law Number 300-96 of the old City of Ottawa” on the sidewalk in the former City of Ottawa or at special events from May 15 to May 14 of the following year.
- a License “G,” a sidewalk six months license to a person operating a mobile refreshment cart in a designated space pursuant to the said By-law No. 2007-478 on the sidewalk in the former City of Ottawa or at special events May 15 to November 14 or from November 15 to May 14 of the following year.
- a License “H,” a sidewalk monthly license to a person operating a mobile refreshment cart in a designated space pursuant to the said By-law No. 2007-478 on the sidewalk in the former City of Ottawa or at special events from the 15th of one month until the 14th of the following month.
- a License “I,” a Canada Day mobile refreshment cart license to a person selling refreshments from a mobile refreshment cart including ice cream and frozen milk products or beverages in the removal zone pursuant to the said By-law No. 2007-478 on Canada Day (July 1st).
- Every person who owns or operates a mobile refreshment cart shall obtain a license.
- Every person who operates a mobile refreshment cart shall obtain a separate license for each mobile refreshment cart.
- No “F”, “G” or “H” class licenses shall be issued to applicants who do not have a designated space permit issued pursuant to the said By-law No. 2007-478.
- Every mobile refreshment cart operator shall require a Canada Day license to operate within the removal zone as identified in the said By-law No. 2007-478.
Section 2 - Exemptions
- Subsection 1(2) does not apply to
- farmers’ markets and events that are sponsored by and benefit farmers’ markets,
- public markets managed by the City,
- agricultural fairs and events that are sponsored by and benefit agricultural fairs,
- the Central Canada Exhibition,
- fundraisers for charitable and not-for-profit organizations that operate solely for cultural or religious goals, social welfare, civic improvement, recreation, amateur sport or any other similar community enhancement initiatives for any purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person.
- Despite subsection (e) individual mobile refreshment cart vendors participating in an event for fundraising purposes that do not donate all of their profits to the charity or not-for-profit organization for which the event is being held shall require a license.
- No holder of a license “A”, “B”, “C”, “F”, “G” or “H” license issued under this Schedule shall be permitted to vend at a special event unless the licensee:
- has notified the Chief License Inspector of:
- his or her intention to vend at the special event;
- the description of the special event including its location, duration and hours of operation;
- the name and telephone number of the promoter;
- has written proof that he or she is permitted to operate at the special event.
- operates from the mobile refreshment cart identified under his or her license; and
- has a license that is valid at the time of and for the duration of the special event.
- has notified the Chief License Inspector of:
- Despite subsection (1), the operator of a mobile refreshment cart must comply with all municipal, provincial and federal acts, regulations and by-laws.
- The provisions of this schedule do not apply in the rural wards:
- Ward 5 – West Carleton March
- Ward 19 – Orléans South-Navan
- Ward 20 – Osgoode
- Ward 21 – Rideau-Jock. ((b) and (d) amended by By-law 2023-516)
Section 3 - Conditions for issuance
- No applicant for a mobile refreshment cart license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- the applicant has indicated the category of mobile refreshment cart license requested,
- the applicant has provided details of the mobile refreshment cart to be used in the business including:
- a recent photograph of the mobile refreshment cart to be used in the business,
- the maximum height, length, width and depth of the mobile refreshment cart,
- where applicable the type of heating and cooking equipment used,
- other equipment to be used in the businesses, and,
- the make, model, style, and serial number of the mobile refreshment cart where available,
- where applicable the applicant has provided a certificate issued no more than sixty days prior to the application date and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16, as amended with respect to the mobile refreshment cart.
- the applicant has filed proof of insurance in accordance with the requirements Section 8,
- the applicant has met all requirements of the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and of Ontario Regulation 493/17 enacted thereunder, (By-law 2023-516)
- the Medical Officer of Health has reported in writing that the mobile refreshment cart is suitable for the purpose of the license application and is in a sanitary condition,
- the Chief License Inspector has reported in writing, that the mobile refreshment cart and its equipment are suitable for the vending operation noted in the application,
- where an applicant is applying for a class “D” or “E” license, the applicant has furnished details to the Chief License Inspector outlined in subsection 2 (2).
- if applying to vend on private property the applicant has filed written proof with the Chief License Inspector that the owner or occupant of the property has granted permission to the applicant for use of the property for the vending business indicated on the application,
(j) the location from which the applicant proposes to operate the mobile refreshment cart complies with the applicable zoning by-law and will not contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation,
- if applying for a class “F’, “G” or “H” license to vend from the sidewalk the applicant shall present his or her valid Designated Space Permit issued pursuant to the said By-law No. 2007-478,
- the applicant has paid the fees set out in Schedule “A”, and
- the mobile refreshment cart complies with the requirements of the Fire Code and Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. (By-law 2009-153)
Section 4 - Conditions for renewal of license
- The Chief License Inspector may require the licensee to submit his or her mobile refreshment cart and equipment for inspection by the Chief Medical Officer of Health, at any reasonable time during the current license period.
- The Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of the requirements of these clauses do not apply.
- The licensee shall ensure that prior to the expiration of the license, his or her mobile refreshment cart and vending equipment is submitted for inspection, where applicable, to,
- the Medical Officer of Health, and
- the Chief License Inspector,
as if the applicant was filing an original application.
- The licensee must also comply with the applicable requirements of Section 3.
Section 5 - Refusal of license
- In addition to Section 21 of By-law No. 2002-189, the Chief License Inspector may refuse to issue a mobile refreshment cart license or may refuse to renew a license if,
- an inspection or inspections reveal that the site conditions are deemed unsuitable for the business;
- an inspection or inspections reveal that the mobile refreshment cart or equipment used for vending do not meet the regulations of this licensing schedule;
- the Medical Officer of Health has reported in writing that the mobile refreshment cart or vending equipment is not suitable for the purpose of the license application and is not in sanitary condition;
- the location from which the applicant proposes to operate the mobile refreshment cart does not comply with the applicable zoning by-law and will contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation,
- the certificate provided by the applicant and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, S.O. 2000, c.16. as amended with respect to the mobile refreshment cart, does not meet the provisions of this by-law, and
- the Chief License Inspector has reported in writing that the mobile refreshment cart or vending equipment is unsuitable for the purpose of the license application and is in an unsafe condition.
Section 6 - Issuance of license
- The Chief License Inspector upon issuing a license shall furnish a plate or decal bearing an identifying number that may be differentiated from other classes by colour.
- Despite subsection 6 (1), the Chief License Inspector shall not furnish a plate or decal for a mobile refreshment cart license “D”, “E” or “I”.
- Every licensee operating a mobile refreshment cart shall ensure that the decal furnished pursuant to Section 6 is properly affixed to the upper right corner of the plate and that the plate is attached to the right rear of the mobile refreshment cart for which it has been issued so as to be clearly visible to the public during the currency of the license.
- Every licensee shall ensure that the license certificate issued by the Chief License Inspector is posted on the mobile refreshment cart and visible to the public.
- Every person who vends under the authority of a license shall ensure that he or she has the license certificate in his or her possession.
- Every person who vends under the authority of a license shall ensure that the license certificate corresponds with the plate or decal furnished by the Chief License Inspector pursuant to subsection 6 (1).
- Every licensee shall produce the license certificate for inspection when so requested by a By-law Officer or Peace Officer.
- Every licensee who ceases to operate a mobile refreshment cart permanently shall return the plate to the Chief License Inspector within fifteen (15) business days.
Section 7 - Approvals required to vend from a particular location
- The issuance of a license to operate a mobile refreshment cart does not constitute the granting of authority to vend on any of the highways in the City.
- The issuance of a license to operate a mobile refreshment cart does not constitute the granting of authority to vend on private property.
- The onus of obtaining the necessary approval to vend from a particular location on private property from the owner of such property is solely on the licensee.
- No person shall vend on private property of the City without first obtaining written permission from the City.
- No person shall vend on private property without the consent of the owner or occupant of such property.
- Licensed mobile refreshment cart operators who are participating in a special event on a highway that is carried on under the authority of a permit issued pursuant to By-law No. 2001-260, entitled “A by-law of the City of Ottawa to regulate special events on City streets”, as amended, may vend within the special event area.
- No person shall vend from a mobile refreshment cart on the street or sidewalk without a valid permit to do so issued pursuant to the said By-law No. 2007-478, or authorized to do so pursuant to the said By-law 2007-478.
- The Chief License Inspector may require that a licensee relocate his or her mobile refreshment cart by presenting a written notice indicating the reason for the request for relocation and indicating when the relocation must be completed.
- No licensee shall locate or operate a mobile refreshment cart:
- within forty-six (46) metres of a Food Premises;
- in a residential zone as specified by the applicable Zoning by-law.
- within nine (9) metres of an intersection;
- within ten (10) metres of a bus stop;
- within twenty (20) metres of a vendor who holds an encroachment permit pursuant to By-law No. 2003-446 entitled “A by-law of the City of Ottawa to regulate encroachments on City Highways”, as amended, or a designated space permit pursuant to the said By-law No. 2007-478;
- within three (3) metres of another vendor;
- within six (6) metres of a pedestrian mall or promenade; or
- within ninety-one (91) metres of the public markets.
- Subsections 9 (b), (e), and (f) do not apply to vendors participating in a special event held pursuant to the said By-law No. 2001-260, as amended.
- The distance from a food premises is measured to the structure for a stand-alone food premises and to the building for a food premises in a shopping plaza, shopping centre or similar shopping area. (By-law 2009-153)
- Despite subsection 9 (a) a licensee may operate less than forty-six (46) metres from a Food Premises provided that the licensee obtains a written letter from the affected Food Premises stating that there is no objection to the operation of the mobile refreshment cart at the intended location and any applicable conditions. A copy of this letter shall be provided to the Chief License Inspector at the time of application and annually upon renewal. The wording of the letter shall be to the Chief License Inspector’s satisfaction.
- No licensee who vends shall locate a vending activity or anything on any portion of a sidewalk that, is located within six (6) metres on either side of the area referred to subsection (9).
- For the purposes of subsection (15), the measurement shall be taken from the extension of the general building lines across the sidewalk to the curb for the determination of,
- the area of the abutting sidewalk, and
- the commencement of the six (6) metres.
- The location regulations in this Schedule shall not apply to any vending location established pursuant to the said By-law No. 2007-478.
Section 8 - Insurance
- Every owner or operator of a mobile refreshment cart shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $1,000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and including damage occasioned by any accident arising out of the operation of the mobile refreshment cart for which a license has been applied for or obtained.
- Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured thereunder. Such insurance policy shall contain an endorsement to provide the City of Ottawa with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Ottawa prior to the issuance of a license.
Section 9 - Indemnification
The applicant shall indemnify and save harmless the City of Ottawa from and against any and all claims, demands, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the applicant of his or her obligations under the license whether with our without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.
Section 10 - License transfer
- No license issued pursuant to this Schedule shall be transferred from person to person in any manner, including leasing agreement and assignment.
- No person shall transfer a license issued pursuant to this Schedule in any manner, including leasing agreement or assignment.
- Despite Section 8 (1) and (2) a license “F”, “G” or “H” shall be transferable to a parent, spouse, brother, sister, son or daughter of the original permit holder for a designated space provided that the permit has been transferred to said person pursuant to the said By-law No. 2007-478.
Section 11 - Location transfer
Despite Section 10 location transfers shall be permitted upon approval of the Chief License Inspector.
Section 12 - Mobile refreshment cart and equipment standards
- Mobile refreshment carts shall be purpose-built and suitably designed for the business and shall not include a table with casters.
- Every licensee shall keep his or her mobile refreshment cart at all times in a clean and sanitary condition and in a state of good repair and appearance.
- Every licensee shall use a mobile refreshment cart that is capable of immediate relocation by the user.
- No person who vends shall use,
- a gasoline-powered generator,
- a propane-powered generator,
- a diesel-powered generator, or
- a natural gas-powered generator,
in conjunction with the vending activity.
- Every licensee operating a mobile refreshment cart shall have attached or painted on two sides of the exterior body of the mobile refreshment cart, in a clearly visible position, a sign showing his or her trade name legibly printed in letters and figures not less than seven (7) centimetres (cm) in height.
- Every licensee using a mobile refreshment cart with a food heating capability or electric heater shall ensure that his or her mobile refreshment cart is adequately equipped with a fire extinguisher consistent with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended and Regulation 213, as amended , enacted thereunder.
- Where reports have been received from the Medical Officer of Health in respect of the mobile refreshment cart, and the Chief License Inspector has issued the license based on the reports, the licensee shall ensure that no modifications are made to the mobile refreshment cart, or equipment related to the mobile refreshment cart operation, without the prior approval of the Chief License Inspector.
Section 13 - Mobile refreshment cart standards
- Every mobile refreshment cart shall,
- have,
- at least two (2) wheels,
- two (2) handles or a push-bar, and
- a body that is not higher than one point two (1.2 ) metres as measured from the ground to the top of the body,
- be mobile so that it may be pulled or pushed by hand by the person who is vending, and
- be structured so as to be safe and stable with or without refreshments therein.
- have,
- The mobile refreshment cart may have a canopy or umbrella so long as the canopy conforms to the provisions of subsection (3) or (4), whichever is applicable.
- The canopy may extend beyond the dimensions of the mobile refreshment cart prescribed by Section 14 provided that:
- the extension of the canopy is at the height of not less than two point two (2.20) metres measured from the ground, and
- the extension of the canopy does not extend beyond the dimensions of the mobile refreshment cart by more than sixty-five (65) centimetres on any one (1) side.
- no part of the canopy shall extend into the street.
- Despite subsection (3), where the canopy is an umbrella it may extend beyond the dimensions of the mobile refreshment cart prescribed by Section 14 and 15 provided that:
- the diameter of the umbrella does not exceed two point three (2.3) metres,
- the outside perimeter of the umbrella does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side,
- the extension of the umbrella is at the height of not less than two point two (2.20 ) metres measured from the ground, and
- the umbrella is securely attached to the mobile refreshment cart.
- The maximum height of the display on or in the mobile refreshment cart shall not exceed a height of one point four (1.4) metres as measured from the ground to the top of the display.
- No person shall vend with or from a mobile refreshment cart that does not comply with the provisions of this section.
- No person who vends shall use,
- a gasoline-powered generator,
- a propane-powered generator,
- a diesel-powered generator, or
- a natural gas-powered generator,
in conjunction with the vending activity.
Section 14 - Dimensions of hand-powered vehicle
- No person shall use a hand-powered vehicle that exceeds the dimensions of three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.
- Despite subsection (1) a licensee may make a request in writing to the Chief License Inspector to increase the size of their mobile refreshment cart on the sidewalks of the City, as long as the size increase does not exceed the aforementioned dimensions by more than 10%.
- Subject to subsection (1), the provisions do not apply to prevent a person from using a hand-powered vehicle for vending on private property so long as it is on private property.
- No person shall use a hand powered vehicle for vending that is,
- not structured so as to be safe and stable with or without refreshments therein, or
- not capable of easy relocation by the user.
Section 15 - Dimensions of pedal-powered vehicle
- No person shall use a pedal powered vehicle that exceeds the dimensions of three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.
- Subject to subsection (1), the provisions do not apply to prevent a person from using a pedal powered vehicle for vending on private property so long as it is on private property.
- No person shall use a pedal powered vehicle for vending that is,
- not structured so as to be safe and stable with or without refreshments therein, or
- not capable of easy relocation by the user.
Section 16 - General regulations
- No licensee shall carry, sell, offer or expose for sale any food product that is prohibited by the Medical Officer of Health.
- No licensee shall fail to comply with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and regulations enacted thereunder.
- No licensee and a person who vends under the authority of a license shall fail to produce the following documentation when so requested by a By-law Officer or a Peace Officer:
- a copy of the valid mobile refreshment cart license;
- a copy of the permission from the promoter of the event including the name and telephone number of the promoter, indicating that the licensee is authorized to vend during the special event;
- a copy of the permission from the property owner including the name and telephone number of the property owner, indicating that the licensee is authorized to vend on the property and any conditions related to the permission if any;
- a certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended.
- No licensee shall fail to submit the mobile refreshment cart for inspection if requested to do so by a By-law Officer or a Peace Officer.
- No licensee shall fail to relocate the mobile refreshment cart if requested to do so by a By-law Officer or a Peace Officer.
- No licensee shall fail to take prompt measures to reduce or eliminate nuisances created by the business when so directed by a By-law Officer or a Peace Officer.
- No licensee shall fail to ensure that the licensed business does not:
- interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the highways in the City;
- interfere with a designated fire route pursuant to By-law No. 2003-499, entitled “A by-law of the City of Ottawa to designate Fire Routes”, as amended;
- interfere with highway maintenance or highway signage; and
- interfere with required parking spaces, private approaches, accesses or egresses to buildings or premises.
- Every licensee who is vending on private property shall ensure that the vending activity is set back from the highway so as not to create a traffic hazard.
- No licensee shall change his or her particular vending location during the currency of the license without the prior approval of the Chief License Inspector.
- No licensee shall allow modifications to the mobile refreshment cart or equipment used in the licensed business without the prior approval of the Chief License Inspector.
- Every licensee shall ensure that any grease or water used in the business is disposed of in a manner that complies with all municipal, provincial and federal statutes, laws, by-laws and regulations.
- Every licensee shall ensure that he or she conforms, where applicable, to
- the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended,
- By law No. 2003-530, entitled “A by law of the City of Ottawa regulating traffic and parking on highways”, as amended,
- By-law No. 2005-358, entitled “A by-law respecting vendors on highways”, as amended
- No person who vends with or from a mobile refreshment cart on the highway shall place or locate any carton, box or other article, other than a garbage receptacle, outside of the mobile refreshment cart.
- Every licensee who vends on the street shall restrict such sales to occur between 5:30 o'clock in the forenoon (5:30 am) and eleven o’clock in the afternoon (11:00 pm) of the same day.
- Every licensee shall ensure that his or her mobile refreshment cart or any article used in the business is removed from the highway between the hours of eleven in the afternoon (11:00 pm) of one day to 5:30 o'clock in the forenoon (5:30 am) of the following day.
- No person who vends shall leave the mobile refreshment cart or anything on the highway after the vending activity has ceased, or after eleven in the afternoon whichever occurs first.
- No licensee shall leave his or her mobile refreshment cart unattended on the highway for a period of time in excess thirty (30) minutes between 5:30 o'clock in the forenoon (5:30 am) and eleven o’clock in the afternoon (11:00 pm) of the same day.
- No person shall vend before 12:30 in the afternoon (12:30 pm) on November 11 (Remembrance Day):
- on Rideau Street or Wellington Street between Sussex Drive and Metcalfe Street, or
- on Elgin Street between Wellington Street and Queen Street.
- No licensee who vends on a sidewalk with or from a mobile refreshment cart shall occupy or locate or utilize an area that exceeds three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.
- Despite subsection (20), a space that is 10% larger than those dimensions may be permitted upon the approval of the Chief License Inspector.
- No licensee who is vending on a sidewalk from or with a mobile refreshment cart shall occupy or utilize an area that exceeds three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.
- No licensee shall vend with or from a mobile refreshment cart, other than a hand-powered vehicle, on a boulevard that has been improved with asphalt, decorative bricks, concrete or other fabricated substances.
- No licensee shall vend on the north side of Wellington Street and Rideau Street between MacKenzie Avenue and Bank Street.
- No licensee shall vend on Rideau Street between Sussex Drive and the east side of King Edward Avenue.
- No licensee shall vend on the sidewalk or property located in Confederation Square at the south side of Wellington Street and the bisection of Elgin Street on which the National War Memorial is sited.
- Every licensee shall ensure that he or she conforms with the said By-law No. 2005-358.
- Every street vendor, as defined in the said By-law No. 2005-358, as amended, shall ensure that he or she conforms with the said By law No. 2005-358.
Section 17 - Requirement for garbage or litter control
- Every licensee shall ensure that a sufficient number of trash receptacles are placed outside the mobile refreshment cart at suitable locations to keep up with the amount of trash generated by the vending operation.
- Every licensee shall ensure that the trash created by the vending activity shall be disposed of as required to prevent overflow, when the mobile refreshment cart business is in operation.
- Every licensee shall ensure that the trash resulting from his or her vending activity is collected and removed from the vending area when the person ceases the vending activity for the day and leaves the vending area.
- For the purposes of this Section, the placing of the trash in a sidewalk refuse container provided by the City is not sufficient to constitute removal.
- Every licensee shall ensure that the trash receptacle placed outside the mobile refreshment cart is removed from vending area and that the garbage is disposed of in a proper manner when the business closes at the end of the day.
Section 18 - Representation
- No person shall publish or cause to be published any representation that the person is licensed under this by-law if they are not so licensed.
- No person to whom a license has been issued to under this by-law shall alter, erase or modify or permit the alteration, erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing or designate who has initialized the change.
Section 1 - License required
Every owner of a rooming house shall obtain a license for each rooming house by municipal address, save and except rooming houses in which the interior functions as one rooming house but the exterior has separate municipal addresses, in which case only one license is required.
Section 2 to 4 - Conditions for issuance of a rooming house license
Section 2
- No applicant for a rooming house owner license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age;
- the premises comply with zoning, building and property standards requirements of the City;
- the applicant has provided a report from the Chief Building Official confirming there are no outstanding orders related to the building;
- the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;
- the Medical Officer of Health has reported in writing that the premises are suitable for the purpose of the license application, comply with all applicable health regulations and are in a sanitary condition;
- the applicant has provided the original documents dated less than ninety (90) days prior to the date of the application for a license, from the appropriate agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sectors;
- the applicant has provided proof of insurance as required by Section 12 of this Schedule;
- the applicant has provided the indemnification required by Section 13 of this Schedule;
- the applicant has provided the name and telephone number of the agent of the rooming house owner;
- the applicant has paid the fees outlined in Schedule "A" of this by-law.
Section 3
The Chief License Inspector may impose such additional conditions with respect to the issuance of a rooming house license, as he or she deems necessary to ensure public safety.
Section 4
Subject to Sections 13 and 21 of By-law No. 2002-189, if, in the opinion of the Chief License Inspector following a review of relevant investigations and/or inspections, the applicant's actions are adverse to the public interest or to public safety, the Chief License Inspector may refuse issuance of the license.
Section 5 - Conditions for renewal of a rooming house license
- No rooming house owner license shall be renewed unless:
- the premises comply with the property standards requirements of the City;
- if deemed necessary by the Chief License Inspector, the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;
- if deemed necessary by the Chief License Inspector, the Medical Officer of Health has reported in writing that the premises are suitable for the purpose of the license application, comply with all applicable health regulations and are in a sanitary condition;
- the applicant has provided proof of insurance as required by Section 12 of this Schedule;
- the applicant has provided the indemnification required by Section 13 of this Schedule;
- the applicant has provided the name and telephone number of the agent of the rooming house owner;
- the applicant has paid the fees outlined in Schedule “A” of this by-law.
Section 6 to 8 - Issuance or renewal of a rooming house license
Section 6
The Chief License Inspector may impose such additional conditions with respect to the renewal of a rooming house license, as he or she deems necessary to ensure public safety.
Section 7
Subject to Sections 13 and 21 of By-law No. 2002-189, if, in the opinion of the Chief License Inspector following a review of relevant investigations and/or inspections, the licensee's actions are adverse to the public interest or to public safety, the Chief License Inspector may refuse renewal of the license.
Section 8
- In addition to the requirements of By-law No. 2002-189, the Chief License Inspector shall indicate on the license certificate, upon issuing or renewing the rooming house license, the following:
- the municipal address of the rooming house;
- the name and telephone number of the rooming house owner and of an agent of the rooming house owner to whom matters respecting the rooming house may be directly addressed; and,
- the number of units in the rooming house
Section 9 to 11- General regulations
Section 9
No licensee shall fail to post the license in a prominent location on the licensed premises so as to be clearly visible to the tenants and the public visiting the rooming house.
Section 10
No person shall own or operate a rooming house without first obtaining a license to do so.
Section 11
- No licensee or agent of the licensee shall fail to ensure that:
- the licensee or his/her agent responds, within forty-eight (48) hours, to inquiries or service requests made by tenants, City representatives or the public;
- a record of all tenants is maintained, including identification information, emergency contacts, in accordance with relevant privacy legislation and for use only by the licensee or agent of the licensee;
- the door of each individual rooming unit has a functional view finder on the door;
- every new tenant is provided with relevant printed information including the rights and responsibilities of tenants under the Residential Tenancies Act, 2006;
- every tenant is provided with a secure location or manner in which to receive personal mail; and,
- an emergency evacuation plan is posted on each floor of the rooming house and is visible to all tenants and visiting public.
Section 12 - Insurance
Prior to the issuance of the rooming house owner license, the licensee shall file with the Chief License Inspector proof of Commercial General Liability insurance coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof. The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage.
Section 13 - Indemnification
Every licensee agrees to indemnify and save harmless the City of Ottawa, its employees and agents from any and all claims, demands, causes or action costs or damages howsoever caused that the City may suffer, incur or be liable for resulting from the issuance of a License under this by-law or from the performance or non-performance of the respective licensee under this by-law whether or not such performance or non-performance arises with or without negligence on the part of the licensee, its employees, directors or agents. (By-law 2018-302)
Section 14 - Transfers
No rooming house owner license shall be transferable.
Section 1 - Licenses available
The following licenses may be issued pursuant to this by-law:
- a License “A”, an annual license to a rural itinerant seller vending on private property or at one or more rural special events in the rural wards;
- a License “B”, an eight month license valid for eight consecutive months to a rural itinerant seller vending on private property or at rural special events in the rural wards;
- a License “C,” a rural special event license to a rural itinerant seller vending at one or more rural special events in the rural wards expiring thirty (30) days after its issuance.
Sections 2 to 4 - Licenses required
Section 2
Every person who operates as a rural itinerant seller shall obtain a license.
Section 3
A person who operates as a rural itinerant seller for a licensed rural itinerant seller shall obtain a separate rural itinerant seller license.
Section 4
Every licensed rural itinerant seller may vend goods from:
- his or her person,
- a hand-powered vehicle,
- a pedal-powered vehicle,
- a motor vehicle, or
- from a stand when vending at a rural special event.
Sections 5 to 11 - Exemptions
Section 5
- Despite Sections 2 and 3, no rural itinerant seller license shall be required by a person operating as a rural itinerant seller at:
- a farmers’ market and events that are sponsored by or for the benefit of farmers’ markets,
- a public market managed by the City,
- an agricultural fair or agricultural events that are sponsored by or for the benefit of an agricultural fair,
- any rural property where permission is granted by the property owner and where the person sells only locally grown farm produce and such vending is limited to the rural Wards as prescribed in this by-law,
- the Central Canada Exhibition,
- a fundraising event for a charitable or not-for-profit organization that support cultural or religious goals, social welfare, civic improvement, recreation, amateur sport or any other similar community enhancement initiative for any purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person, and provided that the organization has a Revenue Canada number, and
- an event that takes place indoors at a shopping mall.
- Despite Sections 2 and 3, no rural itinerant seller license shall be required by a person selling his or her own original art and craft creations in any rural wards.
- Despite paragraph (f) of subsection 5(1), a rural itinerant seller participating at a fundraising event shall require a license if he or she does not remit all profits, raised by the itinerant vending activity, to the charity or not-for-profit organization for which the event is being held.
Section 6
No holder of a valid license “A” or “B” issued pursuant to this by-law shall be permitted to vend at a rural special event unless the licensee:
- has notified the Chief License Inspector in writing of:
- his or her intention to vend at the rural special event,
- the description of the rural special event including its location, duration and hours of operation, and
- the name and phone number of the event promoter;
- has written proof that he or she is permitted to operate at the rural special event, from the event organizer;
- if applicable, he or she operates from a hand-powered or pedal-powered vehicle or motor vehicle, or stand identified under his or her license; and
- is the holder of license that is valid at the time of and for the duration of the rural special event.
Section 7
The provisions of this by-law do not apply to a person who sells to wholesale or retail dealers in similar goods.
Section 8
Despite any of the provisions of this by-law, a rural itinerant seller's license shall not be required by:
- a tenant association or community association that holds a sale of personal household effects where:
- he personal household effects are owned by persons who are members of the association,
- the sale is for a period no longer than two (2) days, and
- no more than two (2) sales are held by that association in a single calendar year,
- a rural itinerant seller who vends at an exhibition for which the promoter or organizer of such exhibition has obtained an Exhibition License under this by-law,
- a rural itinerant seller who vends at a flea market for which the promoter or organizer of such flea market has obtained a Flea Market license under this by-law, or
- a vendor of items that are being sold for charitable purposes and community betterment provided that the rural itinerant seller remits all revenues to the charitable cause.
Section 9
The provisions of this by-law do not apply to a person who sells official programs for a special outdoor event provided the activity takes place on the property where the event is held,
- within the hour prior to the event,
- during the event, and
- within one hour after the event.
Section 10
Despite subsection 5(1), every rural itinerant seller must comply with all other municipal, provincial and federal by-laws, Acts and regulations.
Section 11
The provisions of this Schedule apply only to the rural wards.
Section 12 - Conditions for issuance
- No applicant for a rural itinerant seller’s license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age,
- where a the motor vehicle is used for the business, the applicant is the holder of a current motor vehicle permit issued pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended,
- the applicant has filed proof of insurance in accordance with the requirements of Section 16,
- the applicant who proposes to vend at a rural special event has furnished details as to the rural special event including its location and duration and complies with the provisions of this by-law,
- the applicant who proposes to hold a rural special event has furnished details of the rural special event including its location and duration and complies with the provisions of this by-law,
- the applicant provides proof that all vehicles used in the business comply with the standards and dimensions prescribed in this by-law,
- where applicable, the applicant has presented the hand-powered vehicle, pedal-powered vehicle, motor vehicle or stand, for inspection by the Chief License Inspector and received approval in writing,
- the General Manager, Planning, Real Estate and Economic Development of the City has reported in writing, that the location from which the applicant intends to vend complies with applicable zoning by-laws and does not contribute to a deficiency in required parking spaces or obstruct proper vehicular circulation, (By-law 2023-516)
- the applicant has paid the fees prescribed in Schedule “A”, and
- if applying to sell on private property, the applicant has filed written proof with the Chief License Inspector that the owner or occupant of the property has granted permission to the applicant for the use of the property for:
- the vending business indicated on the application,
- the duration and conditions of permission, and
- the name and telephone number of the owner or occupant of the property.
- The Chief License Inspector may waive any or all of the requirements listed in subsection (1), where the Chief License Inspector determines that any or all of these requirements do not apply to the licensee’s business.
- Despite paragraph (h) of subsection 12(1), the Chief License Inspector may approve a location suitable for the sale of farm produce, provided that:
- the farm produce is locally grown,
- the location does not obstruct pedestrian or vehicular traffic,
- there are no safety concerns,
- the Ward Councillor has been notified, and
- the Traffic and Parking Operations Branch has been notified.
Section 13 - Conditions for renewal of license
- The holder of a “A” or “B” licensee shall within thirty (30) days of the expiration of the license submit for inspection by the Chief License Inspector, his or her:
- hand-powered vehicle,
- pedal-powered vehicle,
- motor vehicle,
- stand, and
- vending equipment,
as the case may be.
- The licensee must also comply with the applicable requirements pursuant to Section 12.
Section 14- Refusal of license
In addition to the provisions of Section 21 of the by-law, the Chief License Inspector may refuse to issue or renew a rural itinerant seller license if,
- an inspection or investigation reveals that the site conditions are deemed unsuitable for the business;
- an inspection or investigation reveals that the vehicle or equipment used for vending does not comply with the provisions of this by-law; or
- the location from which the applicant proposes to operate contravenes applicable zoning by-laws or any other by-law.
Section 15 - Issuance of License
- The Chief License Inspector shall, upon issuance, furnish to the successful applicant:
- a license certificate bearing the following information:
- the name of the licensee;
- the period for which the License in valid; and
- the type of License;
- if a vehicle is used in the business, a plate or decal bearing:
- an identification number;
- the category for which the license was issued;
- the words “Rural Itinerant Seller”; and
- the word “Ottawa”.
- a license certificate bearing the following information:
- Despite subsection 15(1), the Chief License Inspector shall not furnish a plate or decal if:
- the licensee carries the articles on his or her person, or
- the license issued is a License “C”.
Section 16 - Approvals required to vend from a particular location
- The issuance of a license to operate as a rural itinerant seller does not authorize the licensee:
- to vend on or from a highway or sidewalk;
- to vend on private property without the written consent of the owner or occupant of such property.
- The onus of obtaining the necessary approval to vend from a particular location on private property from the owner of such property is solely on the licensee.
- Despite subsection 16(1), a licensed rural itinerant seller may vend at a rural special event on a highway provided:
- the event is approved pursuant to By-law No. 2001-260, entitled “A by-law of the City of Ottawa to regulate rural special events on City streets”, as amended;
- the licensee has obtained written authorization from the event organizer to operate at the rural special event; and
- the licensee is able to produce upon being requested to do so by a By-law Officer:
- the written authorization prescribed in paragraph (j) of subsection 12(1), and
- a valid license of the appropriate category.
Section 17 - Location restrictions
No person shall locate or operate as a rural itinerant seller:
- within six hundred (600) meters of a place of business selling the same or similar products,
- in an area in contravention of the applicable Zoning By-law,
- within nine (9) metres of an intersection,
- within ten (10) metres of a bus stop, and
- within two hundred (200) metres of another rural itinerant vendor.
Sections 18 and 19 - Insurance and indemnification
Section 18
- Every person who operates as a rural itinerant seller shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $1,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and including damage occasioned by any accident arising out of the operation of the vehicle for which a license has been applied for or obtained.
- Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured thereunder. Such insurance policy shall contain an endorsement to provide the City of Ottawa with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Ottawa prior to the issuance of a license.
Section 19
The licensee shall indemnify and save harmless the City of Ottawa from and against any and all claims, demands, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the licensee of his or her obligations under the license whether with or without negligence on the part of the licensee, the licensee’s employees, directors, contractors and agents.
Section 20 - License transfers
No license issued pursuant to this Schedule shall be transferred from person to person in any manner including leasing agreement and assignment.
Section 21 - Location transfers
Despite Section 20, a transfer from one location to another suitable location may be approved by the Chief License Inspector provided the location complies with all applicable regulations.
Section 22 - Vehicle and equipment standards
- Every hand-powered or pedal-powered vehicle shall be purpose built and suitable for the rural itinerant seller business.
- No person operating as a rural itinerant seller shall use,
- an external gasoline-powered generator,
- an external propane-powered generator,
- an external diesel-powered generator, or
-
an external natural gas-powered generator,
in conjunction with the rural itinerant seller activity.
- Every licensee shall maintain his or her hand-powered vehicle, pedal-powered vehicle, motor vehicle or stand in a clean and sanitary condition and in a state of good repair and appearance.
- Every licensee shall ensure that any hand-powered vehicle, pedal-powered vehicle, or motor vehicle used in the licensed business has attached to or painted on both sides of its exterior body so as to be clearly visible the businesses trade name and address legibly printed in letters and figures not less than seven (7) centimetres in height.
- No person shall operate a hand-powered vehicle, pedal-powered vehicle or motor vehicle in connection with the licensed business that is not:
- structured so as to be safe and stable with or without goods therein, and
- capable of immediate relocation by the user.
Section 23 - Hand-powered vehicle standards
- Every hand-powered vehicle shall,
- have,
- at least two (2) wheels,
- two (2) handles or a push-bar, and
- a body that is not higher than one point two (1.2) meters as measured from the ground to the top of the body,
- be mobile so that it may be pulled or pushed by hand by the person who is vending, and,
- be structured so as to be safe and stable with or without goods therein.
- have,
- The hand-powered vehicle may be equipped with a canopy so long as the canopy conforms to the provisions of subsection (3) or (4), whichever is applicable.
- The canopy may extend beyond the dimensions of the hand-powered vehicle prescribed in Section 24 provided that:
- the extension of the canopy is at the height of not less than two point two (2.20) metres measured from the ground,
- the extension of the canopy does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side, and
- the canopy does not extend into the street.
- Despite subsection (3), where the canopy is an umbrella it may extend beyond the dimensions of the hand-powered vehicle prescribed by Section 24 provided that:
- the diameter of the umbrella does not exceed two point three (2.3) metres,
- the outside perimeter of the umbrella does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side,
- the extension of the umbrella is at the height of not less than two point two (2.20) metres measured from the ground, and
- the umbrella is securely attached to the hand-powered vehicle.
- The maximum height of the display on or in the hand-powered vehicle shall not exceed a height of one point four (1.4) metres as measured from the ground to the top of the display.
- No person shall as part of a rural itinerant seller business vend with or from a hand-powered vehicle that does not comply with the provisions of this Schedule.
Section 24 - Dimensions of hand-powered vehicles
- No licensee shall use a hand-powered vehicle that exceeds:
- three (3) metres in length,
- one (1) metre in width, and
- two point five (2.5) metres in height.
- The provisions of subsection (1) do not apply to a licensee operating on private property provided that the hand-powered vehicle is approved by the Chief License Inspector.
Section 25 - Dimensions of pedal-powered vehicles
No licensee shall use a pedal-powered vehicle that exceeds:
- three (3) metres in length,
- one (1) metre in width, and
- two point five (2.5) metres in height.
Sections 26 to 46 - General regulations
Section 26
Every licensee using a hand-powered vehicle, a pedal-powered vehicle or a motor vehicle shall ensure that the decal furnished pursuant to subsection 15(1)(b) is:
- properly affixed to the upper right corner of the plate, and
- that the plate is attached by bolts to the right rear of the vehicle for which it has been issued
so as to be clearly visible to the public during the currency of the license.
Section 27
Every licensee shall ensure that the license certificate issued by the Chief License Inspector pursuant to subsection 15(1) is, at all times during the operation of the licensed business,
- posted on or in the vehicle and visible to the public; or
- on his or her person.
Section 28
Every person who vends under the authority of a license shall ensure that the license certificate corresponds with the plate or decal furnished by the Chief License Inspector pursuant to subsection 15 (1).
Section 29
Every licensee shall produce the license certificate for inspection when so requested by a By-law Officer or Peace Officer.
Section 30
Every licensee who permanently ceases to operate as a rural itinerant seller shall return the plate to the Chief License Inspector within seven (7) business days of the cessation of operations.
Section 31
No person shall vend on private property of the City without first obtaining written permission from the City.
Section 32
Every person who vends on private property with the consent of the owner or occupant of such property shall:
- ensure that he or she has the consent (pursuant to section 16) in his or her possession, and that the consent includes the name and telephone number of the property owner, the duration of the permission and other conditions if applicable, and
- when so requested by the Chief License Inspector, or a Peace Officer, produce the consent for inspection.
Section 33
No licensee or person who vends under the authority of a license shall fail to produce the following documentation when so requested by a By-law Officer or a Peace Officer:
- a copy of the valid itinerant seller license;
- if vending at a rural special event, a copy of the permission from the promoter of the rural special event including the name and telephone number of the promoter, indicating that the licensee is authorized to vend during the rural special event; and
- if vending on private property, a copy of the permission from the owner or occupant of the property including the name and telephone number of the property owner or occupant, indicating that the licensee is authorized to vend on the property and any conditions related to the permission if any.
Section 34
No licensee shall fail to submit the hand-powered vehicle, pedal-powered vehicle, or motor vehicle for inspection if requested to do so by a By-law Officer or a Peace Officer.
Section 35
Every person who vends under the authority of a license shall ensure that he or she has the original license certificate in his or her possession.
Section 36
Every person who vends under the authority of a license shall ensure that the license corresponds with the plate or decal furnished by the Chief License Inspector pursuant to Section 6.
Section 37
A person who operates a rural itinerant seller business, whether a single enterprise, partnership or corporation, shall obtain a license for each individual who vends goods for that business.
Section 38
The license issued under Section 6 may be in the name of the business or the individual who is doing the actual vending to the public.
Section 39
In any prosecution, the onus of proof that he or she does not require a license shall be upon the person so prosecuted.
Section 40
Every licensee shall take prompt measures to reduce or eliminate nuisances created by the business when so directed by a By-law Officer or a Peace Officer.
Section 41
Every licensee who relocates his or her rural itinerant seller business during the currency of the license shall obtain prior approval from the Chief License Inspector.
Section 42
Every licensee shall:
- comply with the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended,
- the Traffic and Parking By-law (No. 2017-301), entitled “A by-law of City of Ottawa regulating traffic and parking on highways”, as amended, or any by-law enacted in substitution therefor, and (By-law 2023-516)
- ensure he or she does not interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the sidewalks or streets in the City.
Section 43
Despite any other provision of this by-law, every person who vends goods for a person who operates a rural itinerant seller’s business shall produce the license certificate of the appropriate category for inspection if requested by any By-law Officer or Peace Officer.
Section 44
No rural itinerant seller shall conduct door to door sales within the rural wards of the City between 9:00 pm of one day and 9:00 am of the following day from Monday to Saturday inclusive.
Section 45
Every licensee shall ensure that the garbage or litter resulting from his or her vending activity is collected and removed from the vending area immediately after the vending activity has ceased.
Section 46
For the purposes of Section 45 the placing of the garbage or litter in a sidewalk refuse container provided by the City is not sufficient to constitute removal.
Section 47 - 48 Representation
Section 47
No person shall publish or cause to be published any representation that the person is licensed under this by-law if they are not so licensed.
Section 48
No licensee shall alter, erase or modify or permit to the alteration erasure or modification of that license or any part thereof, unless approved by the Chief License Inspector of the City, or an authorized designate, who has initialized the change.(By-law No. 2023-516)
Section 1 to 4 - License required
Section 1
In this Schedule,
- "owner", when used in relation to property, means,
- the registered owner of the property;
- the registered owner of a condominium unit whose consent shall extend only to the control of the unit of which he or she is owner and any parking spaces allotted to him or her by the condominium corporation or reserved for his or her exclusive use in the declaration or description of the property;
- the spouse of a person described in subparagraph (i) or (ii) hereof;
- where the property is included in a description registered under The Condominium Act, S.O. 1998, c. 19, as amended, the board of directors of the condominium corporation, and
- a person authorized in writing by the property owner as defined in subparagraph (i), (ii) (iii) or (iv) hereof to act on the owner's behalf for requesting the provision of parking enforcement services;
- "occupier" means,
- the tenant of the property or part thereof whose consent shall extend only to the control of the land of which he or she is tenant and any parking spaces allotted to him or her under his or her lease or tenancy agreement;
- the spouse of a tenant; and,
- a person authorized in writing by an occupant as defined in subparagraph (i) or (ii) hereof to act on the occupier's behalf for requesting the provision of parking enforcement services.
Section 2
Every person who owns or operates a private parking enforcement agency shall obtain a private parking enforcement agency license.
Section 3
A license issued under this Schedule is not transferable.
Section 4
No person shall provide or perform parking enforcement services, or cause any parking enforcement activities to be provided or performed, without first having obtained a valid license issued under this Schedule.
Section 5 - Exemptions
The parking enforcement services of the following are not subject to this Schedule:
- an educational or health institution or agency having a parking ticket revenue sharing agreement in place with the City of Ottawa pursuant to subsection 21(1), Schedule “B”, of the Delegation of Authority By-law No. 2011-28, as amended, and,
- Carleton University and Algonquin College of Applied Arts and Sciences, with respect to parking enforcement services on their own property.
Section 6 - Conditions of issuance and renewal
- No license shall be issued or renewed unless the applicant:
- is at least eighteen (18) years of age;
- has provided to the Chief License Inspector an address within the City of Ottawa or other contact information to which the public has reasonable access to make inquiries in person about the business;
- has provided to the Chief License Inspector a list containing the address of each property for which parking enforcement services are provided;
- has provided the proof of insurance as required under this Schedule; and,
- has provided the Chief License Inspector proof that the owner or occupier of the property on which private parking enforcement services are to be provided consents to the provision of such services on the property. (By-law 2021-317)
- The Chief License Inspector may impose such additional conditions for the issuance, renewal or holding of a license under this Schedule as she or he deems necessary to ensure public safety or consumer protection.
- Subject to Sections 13 and 21 of this By-law, being By-law No. 2002-189 as amended, if, in the opinion of the Chief License Inspector following a review of the relevant investigations or inspections, the private parking enforcement agency’s actions are deemed to be adverse to the public interest or to public safety, the Chief License Inspector may refuse to renew the license.
- No tow operator or tow truck driver, as defined by the Towing and Storage Safety Enforcement Act, 2021, S.O. c.26, Sched. 3 (as amended), is eligible for a Private Parking Enforcement Agency license under this By-law. (By-law 2024-107)
Section 7 - Provision of parking enforcement services
No licensee shall fail to ensure that only Deputized Officers provide parking enforcement services.
Section 8 to 10 - Control over parking enforcement services
Section 8
No person licensed under this Schedule who is an individual person shall fail to maintain control over the management and operations of the agency and shall not delegate this responsibility.
Section 9
No person licensed under this Schedule who is a corporation shall fail to designate one of its officers or employees as designated manager to be responsible for maintaining control over the management and operations of the agency on behalf of the corporation, and such officer or employee shall not delegate this responsibility.
Section 10
No licensee shall fail to provide the Chief License Inspector with the name and address of the current designated manager pursuant to Section 9 on the form provided by the Chief License Inspector for that purpose.
Section 11 - List of properties to be provided
- No licensee shall fail to provide the Chief License Inspector with an updated list of properties required under paragraph (c) of subsection 6(1) within 10 (ten) days of any alteration or amendment of the list.
- No licensee shall provide or allow to be provided any parking enforcement services at any property that is not listed on the list required to be filed under paragraph (c) of subsection 6(1).
Section 12 - Regulation regarding issuance of tickets or other documents
- No person shall issue, or cause to be issued, any document, ticket, notice, invoice, request, or demand of any kind, for payment in relation to motor vehicles parked on private property without the consent of the owner or occupier of the property other than a parking infraction notice under Part II of the Provincial Offences Act, as amended.
- For the purposes of subsection (1), the issuance of any document, ticket, notice or invoice, request, or demand of any kind, for payment includes:
- to personally hand it to the motor vehicle owner or driver; and,
- to leave it on the motor vehicle with the intention that the motor vehicle owner shall recover it.
Section 13 - Prohibition regarding removal of motor vehicles (By-law 2021-317 in force 1 January 2022)
- No person shall remove or cause to be removed any motor vehicle parked on private property without the consent of the owner or occupier of the property.
- Despite subsection (1), a Deputized Officer providing parking enforcement services for a private parking enforcement agency licensed under this Schedule may arrange for the towing of a vehicle that is illegally parked on private property if all of the following conditions are met:
- the owner or occupier of the private property on which the illegally parked vehicle is located must provide consent prior to having the vehicle towed from the private property;
- the tow may occur upon issuance of a minimum of three (3) Parking Infraction Notices (PIN) for the same vehicle on the same property for three (3) separate violations which are non-continuous in nature;
- the Deputized Officer must issue a City of Ottawa parking infraction notice (PIN) in respect of the illegally parked vehicle; and
- the Deputized Officer must arrange the tow through By-law and Regulatory Services (BLRS) Dispatch in accordance with the protocol set out and communicated by the Chief License Inspector.
- With the exception of Deputized Officers initiating the towing of vehicles pursuant to subsection (2), when consent of the owner or occupier is obtained, only a police officer, police cadet, municipal law enforcement officer or officer appointed for carrying out the provisions of subsection 170(15) of the Highway Traffic Act may cause a motor vehicle to be moved or taken to and placed or stored in a suitable place, and all costs and charges for the removal, care and storage of the motor vehicle, if any, are a lien upon the motor vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. (By-law 2021-317)
Section 14 - Indemnification & insurance required
- The licensee shall indemnify and save harmless the City of Ottawa, its employees and agents from any and all claims, demands, causes or action costs or damages howsoever caused that the City may suffer, incur or be liable for resulting from the issuance of a license under this Schedule or from the performance or non-performance of the private parking enforcement agency under this by-law whether or not such performance or non-performance arises with or without negligence on the part of the agency, its employees, directors or agents.
- Prior to the issuance or renewal of a license under this Schedule, the private parking enforcement agency shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits not less than Two Million Dollars ($2,000,000) inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof.
- The insurance coverage required by subsection (2) shall include the City of Ottawa as additional insured and shall include a provision whereby the City of Ottawa will be provided with 30 (thirty) days prior notice of any cancellation or variation to the policy.
Section 15 - Representation
No person shall publish or cause to be published any representation that the person is licensed under this Schedule if they are not so licensed.
Section 16 - Cost-recovery for eligible licensees
- The General Manager of Emergency and Protective Services and the Chief License Inspector individually are authorized to approve, execute, amend or extend agreements respecting cost-recovery with private parking enforcement agencies under the following conditions:
- the private parking enforcement agency is duly licensed under this Schedule;
- the private parking enforcement agency has paid the applicable licensing fee set out in Schedule “A”;
- the private parking enforcement agency uses, at its own costs, hand-held ticketing devices and associated hardware and software approved by the Chief License Inspector for the purposes of issuing Parking Infraction Notices, unless otherwise provided in the agreement;
- a minimum of 2,600 Parking Infraction Notices are issued annually by the private parking enforcement agency for each year that the agreement is in effect;
- the agreement is structured so that the private parking enforcement agency recovers from the City, on each paid Parking Infraction Notice, the following amount in relation to the offence for which the Parking Infraction was issued:
- fifty per cent (50%) of the amount paid of the early payment amount or other fine that has been imposed, up to a maximum amount equal to 50% of the early payment amount, for the offence of unauthorized parking on private property pursuant to s. 112 of the Traffic and Parking By-law (By-law No. 2003-530, as amended), or any successor by-law;
- fifty per cent (50%) of the amount paid of the fine that has been imposed, up to a maximum of $33.50, for the offence of stopping or parking a motor vehicle on a designated fire route when stopping or parking is prohibited by an authorized sign, pursuant to s. 5(1) of the Fire Routes By-law (By-law 2003-499, as amended), or any successor by-law; and
- fifty per cent (50%) of the amount paid of the fine that has been imposed, up to a maximum of $50.00, for the offence of parking, without displaying a valid disability parking permit, a motor vehicle in a public parking area in a parking space reserved for physically disabled persons and identified by authorized signs, pursuant to s. 126(1) of the Traffic and Parking By-law (By-law No. 2003-530, as amended), or any successor by-law, and
- the agreement is in a form satisfactory to the City Clerk and Solicitor.
- The General Manager of Emergency and Protective Services and the Chief License Inspector individually are authorized to amend the number of Parking Infraction Notices set out in subsection (1), paragraph (d), where the General Manager or Chief License Inspector deem it to be appropriate provided that all other requirements of subsection (1) are met. (By-law 2021-317)
- The exercise of delegated authority pursuant to subsections (1) and (2) shall be reported to the Community and Protective Services Committee of the City at least once each calendar year.
Section 17 - Exemption - license fee
Despite any other requirement of this By-law, a private parking enforcement agency that does not enter into a cost-recovery agreement with the City pursuant to Section 16 is not required to pay a license fee under Schedule “A” for a private parking enforcement agency license.
Section 1 - Licenses required
- Every owner or operator of a boarding kennel shall obtain a boarding kennel license.
- A separate license shall be obtained for each premise at which a boarding kennel is being operated.
Section 2 - Exemptions
- This schedule does not apply to:
- an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O.1990, Chapter V.3, as amended,
- premises that are registered with the City as premises where dogs or cats are receiving temporary foster care, and
- the local animal shelter operated by the Ottawa Humane Society.
Sections 3 and 4 - Conditions for issuance
Section 3
- No individual other than the owner or operator of a boarding kennel shall apply for a boarding kennel license.
- No applicant for a boarding kennel license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age;
- the applicant submits to the Chief License Inspector a detailed plan that includes the following information:
- the maximum number of dogs or cats that may be boarded, raised or trained in the boarding kennel,
- procedures as to how sickness, disease or injuries to a dog or cat will be handled at the boarding kennel,
- name and telephone number of emergency veterinarian on call, and,
- procedures established for an emergency evacuation;
- the premises comply with the zoning, building and property standards requirements of the City;
- if deemed necessary by the Fire Chief, the Fire Chief has reported in writing that the premises comply with all applicable fire regulations;
- an animal welfare inspector appointed under the Provincial Animal Welfare Services Act, 2019, or any successor thereto, has reported in writing that the premises, and the animals housed on the premises, have been inspected and meet the requirements of the Act and any Regulations thereunder; (By-law 2023-318)
- the applicant has agreed to indemnify and save harmless the City of Ottawa as required by Section 7 of this Schedule;
- the applicant has filed proof of insurance as required by Section 8 of this Schedule; and,
- the applicant has paid the fee set out in Schedule “A”.
- Despite Section 3(1), the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton may renew said license under this by-law but is not required to apply for a license under this Schedule as a new applicant.
- Despite the expiry date of April 30 set out in Schedule “A”, the license of the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton is extended until May 30, 2013.
Section 4
The Chief License Inspector may impose such additional conditions with respect to the issuance of a boarding kennel license, as he or she deems necessary to ensure the health, safety and well being of the public.
Sections 5 and 6 - Conditions for renewal
Section 5
- No boarding kennel license shall be renewed unless:
- if deemed necessary by the Chief License Inspector, the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;
- if deemed necessary by the Chief License Inspector, an animal welfare inspector appointed under the Provincial Animal Welfare Services Act, 2019, as amended, or any successor thereto, has reported in writing that the premises, and the animals housed on the premises, have been inspected and meet the requirements of the Act and any Regulations thereunder; (By-law 2023-318);
- the applicant has agreed to indemnify and save harmless the City of Ottawa as required by Section 7 of this Schedule;
- the applicant has provided proof of insurance as required by Section 8 of this Schedule; and
- the applicant has paid the fees outlined in Schedule “A” of this by-law.
Section 6
The Chief License Inspector may impose such additional conditions with respect to the renewal of a boarding kennel license, as he or she deems necessary to ensure the health, safety and well-being of the public.
Section 7 - Indemnification
The licensee shall indemnify and save harmless the City of Ottawa from and against any and all claims, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the licensee of the licensee’s obligations under the license whether with or without negligence on the part of licensee, or the licensee's employees, directors, contractors and agents.
Section 8 - Insurance
- Every applicant for a boarding kennel license shall file with the Chief License Inspector proof of insurance of Commercial General Liability insurance coverage subject to limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof.
- The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change.
Section 9 - Transfers of license
The boarding kennel licenses issued pursuant to this Schedule are not transferable.
Section 10 - Posting of license
No licensee shall fail to post the boarding kennel license in a prominent location on the licensed premises so as to be clearly visible to the public.
Section 11 - Posting of emergency evacuation plan
No licensee shall fail to post the emergency evacuation plan referred to in Section 3(2)(b)(iv) in a prominent location on the licensed premises so as to be clearly visible to staff and to the public.
Section 12 - Records
- No licensee shall fail to ensure that a record is made in a clear and legible manner and contains the following information at a minimum:
- the name of every owner of a dog or cat left at the boarding kennel, including an emergency contact number;
- the name, breed and description of every dog or cat left at the boarding kennel;
- verification of rabies immunization; and d) the dates of arrival and departure of every dog or cat.
- No licensee shall fail to ensure that the records are available upon request for inspection by the Chief License Inspector.
General Regulations
Sections 13 and 14 - Care of Dogs and Cats
Section 13
- No licensee shall fail to ensure that:
- knowledgeable and experienced staff are in charge of and responsible for the care and safeguarding of the dogs or cats; and
- all persons responsible for the care, feeding or cleaning of the dogs or cats are adequately instructed and supervised in the handling and care of the dogs or cats.
- No licensee shall fail to maintain and make readily available to boarding kennel staff at all times written dog or cat care procedures providing:
- methods of handling the dogs or cats generally and in the event of escape;
- methods for handling sickness, injury or death of a dog or cat;
- methods for handling situations in which a dog or cat has bitten a person or another dog or cat; and
- contact information for a veterinarian, for the Ottawa Humane Society and for City of Ottawa By-law & Regulatory Services.
- No licensee shall fail to ensure that any dog or cat indicating symptoms of serious illness or serious injury requiring veterinary attention is:
- isolated, if appropriate;
- examined by a veterinarian within a reasonable period of time from the onset of the symptoms of illness or injury, or as authorized by the owner or emergency contact on behalf of the owner;
- treated in accordance with the veterinarian’s directives, as appropriate; and
- kept in an isolated area separate from all other dogs or cats, if appropriate, until such illness or injury is cured or the risk of contagion is eliminated.
Section 14
No licensee shall fail to ensure that all dog and cat waste materials and dead dogs and cats are disposed of in a manner that will not create a public nuisance or health hazard and in accordance with all applicable laws.
Sections 15 and 16 - Facility requirements
Section 15
- No licensee shall fail to ensure that the boarding kennel is:
- maintained in a clean and sanitary condition;
- well-ventilated and well-lit, and;
- maintained at a temperature suitable for the welfare and comfort of each dog or cat therein based on its breed, age and health status.
- No licensee shall fail to ensure that every doorway, window or outside opening provides an effective barrier against the escape of a dog or cat.
- No licensee shall fail to ensure that:
- an exercise area, whether indoor or outdoor, is provided so as to enable each dog or cat to exercise freely and easily in a manner that will prevent injury to the dog or cat; and
- where dog or cat runs are provided, each run shall:
- have a minimum floor area that is appropriate for the breed and size of the dog or cat;
- be maintained in such a manner to keep the dog or cat securely enclosed; and
- be free from debris.
- No licensee shall fail to ensure that the surface of every outdoor yard and run is:
- covered in concrete, asphalt, fine gravel or other material or grass which can be easily cleaned or raked; and
- cleaned at least once daily.
Section 16
No licensee shall fail to ensure that all areas in which dogs or cats are kept are enclosed, such as by fencing, in such a way as to ensure that all dogs or cats are confined to the property.
Sections 17 to 20 - Housing of dogs and cats
Section 17
- No licensee shall fail to ensure that every indoor cage or pen used for the keeping or housing of dogs or cats:
- is of an adequate size to permit the dog or cat confined therein to:
- stand normally to its full height;
- extend its legs and body to their full natural extent;
- turn around easily;
- move about easily for the purpose of posture adjustments; and
- lie down in a fully extended position;
- has a floor soundly constructed of hard, durable material which is impervious to water, or which is disposable and replaceable;
- is equipped with receptacles for food and water, mounted or situated such that they cannot be easily overturned or contaminated;
- is in good working condition;
- is not dangerous to the health or well-being of the dog or cat; and
- is maintained in a clean and sanitary condition at all times with all waste material removed at least twice daily.
- is of an adequate size to permit the dog or cat confined therein to:
Section 18
No licensee shall fail to ensure that dogs or cats confined in cages or runs are exercised appropriately based on their breed and size.
Section 19
- No licensee shall fail to ensure that every dog or cat is supplied on a daily basis with:
- food that is nutritionally adequate for the dog or cat; and
- adequate amounts of fresh potable water available at all times.
Section 20
No licensee shall fail to comply with all other applicable federal or provincial laws and regulations, and municipal by-laws.
Section 1 - Licenses required
- Every owner or operator of an in-home breeding kennel shall obtain an in-home breeding kennel license.
- A separate license shall be obtained for each premise at which an in-home breeding kennel is being operated.
- Applicants for a new or renewed in-home breeding kennel license shall be exempt from the requirement to pay the processing fee prescribed in Schedule “A” of the By-law.
Section 2 - Exemptions
- This schedule does not apply to:
- an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended;
- premises that are registered with the City as premises where dogs or cats are receiving temporary foster care; and
- the local animal shelter operated by the Ottawa Humane Society.
Sections 3 and 4 - Conditions for issuance
Section 3
- No individual other than the owner or operator of an in-home breeding kennel shall apply for an in-home breeding kennel license.
- No applicant for an in-home breeding kennel license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age;
- the premises comply with the zoning, building and property standards requirements of the City;
- the number of dogs or cats over the age of twenty (20) weeks being kept for breeding, showing or other purposes does not exceed ten;
- there are no convictions or outstanding Orders against the applicant issued under the Provincial Animal Welfare Services Act, 2019; (By-law 2023-318)
- the applicant complies with the Code of Practice for Canadian Kennel Operations (dogs) or the Code of Practice for Canadian Cattery Operations (cats) established by the Canadian Veterinary Medical Association or any successor document thereto;
- the applicant obtains, free of charge, a license for each dog or cat, and the dogs or cats are identified with the municipal tag or a microchip or a legible tattoo at no later than ten (10) weeks of age; and
- the applicant has paid the fee set out in Schedule “A”.
- Despite clause (c) of subsection (2):
- the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton is exempted from the limit of ten (10) dogs or cats over the age of twenty (20) weeks until April 1, 2018, provided that there has been no change in location of the premises and that the holder of the valid license complies with all of the other requirements of the by-law;
- the limit of ten (10) dogs or cats over the age of twenty (20) weeks does not include:
- up to three (3) dogs or five (5) cats kept on the premises that are retired from breeding and that are sterilized, unless there is a legitimate medical reason preventing sterilization; and
- either, but not both, of
- a dog or cat temporarily housed in the kennel for breeding purposes; or,
- a dog or cat that has been rescued and is temporarily in the care of the in-home breeding kennel.
- Clause (c) of subsection (2) and subsection (3) respecting the limit on the number of dogs or cats that may be kept shall not apply to the holder of an in-home breeding kennel license where the primary housing for the dogs or cats is in an accessory building(s) or structure(s) on the property provided that all other requirements of this bylaw are met.
- Despite Section 3(1), the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton may renew said license under this by-law but is not required to apply for a license under this Schedule as a new applicant.
- Despite the expiry date of April 30 set out in Schedule “A”, the license of the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton is extended until May 30, 2013.
Section 4
The Chief License Inspector may impose such additional conditions with respect to the issuance of an in-home breeding kennel license, as he or she deems necessary to ensure the health, safety and well-being of the public.
Sections 5 and 6 - Conditions of renewal
Section 5
- No in-home breeding kennel license shall be renewed unless:
- if deemed necessary by the Chief License Inspector, a property standards inspection is conducted and the premises comply with property standards requirements of the City;
- subject to subsections 3(3) and (4), the number of dogs or cats over the age of twenty (20) weeks being kept for breeding, showing or other purposes does not exceed ten (10);
- there are no convictions or outstanding Orders against the applicant issued under the Provincial Animal Welfare Services Act, 2019; (By-law 2023-318)
- the applicant complies with the Code of Practice for Canadian Kennel Operations (dogs) or the Code of Practice for Canadian Cattery Operations (cats) established by the Canadian Veterinary Medical Association or any successor document thereto;
- the applicant renews the existing or obtains a new license, free of charge, for each dog or cat accordingly, and the dogs or cats are identified with the municipal tag or a microchip or a legible tattoo at no later than ten (10) weeks of age; and
- the applicant has paid the fee set out in Schedule “A”.
Section 6
The Chief License Inspector may impose such additional conditions with respect to the renewal of an in-home breeding kennel license as he or she deems necessary to ensure the health, safety and well-being of the public.
Section 7 - Transfers of license
The in-home breeding kennel licenses issued pursuant to this Schedule are not transferable.
Section 8 - Availability of license
No licensee shall fail to make available for viewing by clients the in-home breeding kennel license.
Section 9 - Records
- No licensee shall fail to ensure that records are maintained showing the number of dogs or cats being kept in the in-home breeding kennel, and the gender and birth date of each dog or cat.
- No licensee shall fail to ensure that the records are available upon request for inspection by the Chief License Inspector.
General regulations
Sections 10 and 11 - Breeding, selling and transferring
Section 10
- No licensee shall cause or permit a female dog or a female cat to:
- be mated if she is less than one (1) year of age, and,
- give birth to more than six (6) litters in its lifetime.
Section 11
No licensee shall transfer a dog or cat to its purchaser before the dog or cat is seven (7) weeks of age.
Sections 12 and 13 - Care of dogs and cats
Section 12
- No licensee shall fail to ensure that any dog or cat indicating symptoms of serious illness or serious injury is:
- examined by a veterinarian within a reasonable period of time of the onset of the symptoms of the illness or the injury; and
- depending on the condition, treated in accordance with the veterinarian’s directives, as appropriate.
Section 13
No licensee shall fail to ensure that all dog or cat waste materials and dead dogs and cats are disposed of in a manner that will not create a public nuisance or health hazard and in accordance with all applicable laws.
Sections 14 and 15 - Facility requirements
Section 14
- No licensee shall fail to ensure that the in-home breeding kennel is:
- maintained in a clean and sanitary condition;
- well-ventilated and well-lit; and
- maintained at a temperature suitable for the welfare and comfort of each dog or cat therein based on its breed, age and health status.
- No licensee shall fail to ensure that:
- an exercise area, whether indoor or outdoor, is provided so as to enable each dog or cat to exercise freely and easily in a manner that will prevent injury to the dog or cat; and
- where dog or cat runs are provided, each run shall:
- have a minimum floor area that is appropriate for the breed and size of the dog or cat;
- be maintained in such a manner to keep the dog or cat securely enclosed; and
- be free from debris.
- No licensee shall fail to ensure that the surface of every outdoor yard and run is:
- covered in concrete, asphalt, fine gravel or other material or grass which can be easily cleaned or raked; and
- cleaned at least once daily.
Section 15
No licensee shall fail to ensure that all areas in which dogs or cats are kept are enclosed, such as by fencing, in such a way as to ensure that all dogs or cats are confined to the property.
Sections 16 to 19 - Housing of dogs and cats
Section 16
- No licensee shall fail to ensure that every crate, cage or pen used for the keeping or housing of dogs or cats:
- is of an adequate size to permit the dog or cat confined therein to:
- stand normally to its full height;
- extend its legs and body to their full natural extent;
- turn around easily;
- move about easily for the purpose of posture adjustments; and
- lie down in a fully extended position,
- has a floor soundly constructed of hard, durable material which is impervious to water, or which is disposable and replaceable;
- is equipped with receptacles for food and water, mounted or situated such that they cannot be easily overturned or contaminated;
- is in good working condition;
- is not dangerous to the health or well-being of the dog or cat; and
- is maintained in a clean and sanitary condition at all times with all waste material removed at least twice daily.
- is of an adequate size to permit the dog or cat confined therein to:
Section 17
No licensee shall fail to ensure that dogs or cats confined in cages or runs are exercised appropriately based on their breed and size.
Section 18
- No licensee shall fail to ensure that every dog and cat is supplied on a daily basis with:
- food that is nutritionally adequate for the dog or cat; and
- adequate amounts of fresh potable water available at all times.
Section 19
No licensee shall fail to comply with all other applicable federal or provincial laws and regulations, and municipal by-laws.
Section 1 - Licenses required
- Every owner or operator of a recreational kennel shall obtain a recreational kennel license.
- A separate license shall be obtained for each premise at which a recreational kennel is being operated.
- Applicants for a new or renewed recreational kennel license shall be exempt from the requirement to pay the processing fee prescribed in Schedule “A” of the By-law.
Section 2 - Exemptions
- This schedule does not apply to:
- an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended,
- premises that are registered with the City as premises where dogs or cats are receiving temporary foster care, and
- the local animal shelter operated by the Ottawa Humane Society.
Sections 3 and 4 - Conditions for issuance
Section 3
- No individual other than the owner or operator of a recreational kennel shall apply for a recreational kennel license.
- No applicant for a recreational kennel license shall be issued a license unless:
- the applicant is at least eighteen (18) years of age;
- the premises comply with the zoning, building and property standards requirements of the City;
- the number of dogs over the age of twenty (20) weeks being kept for recreational purposes does not exceed ten (10);
- there are no convictions or outstanding Orders against the applicant issued under the Provincial Animal Welfare Services Act, 2019; (By-law 2023-318)
- the applicant complies with the Code of Practice for Canadian Kennel Operations established by the Canadian Veterinary Medical Association or any successor document thereto;
- the applicant obtains, free of charge, a license for each dog, and the dogs are identified with the municipal tag or a microchip or a legible tattoo at no later than ten (10) weeks of age; and
- the applicant has paid the fee set out in Schedule “A”.
- Despite clause (c) of subsection (2):
- the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton is exempted from the limit of ten (10) dogs or cats over the age of twenty (20) weeks until April 1, 2018, provided that there has been no change in location of the premises and that the holder of the valid license complies with all of the other requirements of the by-law; and
- the limit of ten (10) dogs over the age of twenty (20) weeks does not include:
- up to three (3) dogs kept on the premises that are retired from recreational activities; and
- a dog that has been rescued and is temporarily in the care of the recreational kennel.
- Clause (c) of subsection (2) and subsection (3) respecting the limit on the number of dogs that may be kept shall not apply to the holder of a recreational kennel license where the primary housing for the dogs is in an accessory building(s) or structure(s) on the property provided that all other requirements of this by-law are met.
- Despite Section 3(1), the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton may renew said license under this by-law but is not required to apply for a license under this Schedule as a new applicant.
- Despite the expiry date of April 30 set out in Schedule “A”, the license of the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton is extended until May 30, 2013.
Section 4
The Chief License Inspector may impose such additional conditions with respect to the issuance of a recreational kennel license as he or she deems necessary to ensure the health, safety and well-being of the public.
Sections 5 and 6 - Conditions for renewal
Section 5
- No recreational kennel license shall be renewed unless:
- if deemed necessary by the Chief License Inspector, a property standards inspection is conducted and the premises comply with property standards requirements of the City;
- subject to subsections 3(3) and (4), the number of dogs over the age of twenty (20) weeks being kept for recreational purposes does not exceed ten (10);
- there are no convictions or outstanding Orders against the applicant issued under the Provincial Animal Welfare Services Act; (By-law 2023-318)
- the applicant complies with the Code of Practice for Canadian Kennel Operations established by the Canadian Veterinary Medical Association or any successor document thereto;
- the applicant renews the existing or obtains a new license, free of charge, for each dog accordingly, and the dogs are identified with the municipal tag or a microchip or a legible tattoo at no later than ten (10) weeks of age; and
- the applicant has paid the fee set out in Schedule “A”.
Section 6
The Chief License Inspector may impose such additional conditions with respect to the renewal of a recreational kennel license as he or she deems necessary to ensure the health, safety and well-being of the public.
Section 7 - Transfers of license
The recreational kennel licenses issued pursuant to this Schedule are not transferable.
Section 8 - Records
- No licensee shall fail to ensure that records are maintained showing the number of dogs being kept in the recreational kennel, and the gender and birth date of each dog.
- No licensee shall fail to ensure that the records are available upon request for inspection by the Chief License Inspector.
General regulations
Sections 9 and 10 - Breeding
Section 9
- No licensee shall cause or permit a female dog to:
- be mated if she is less than one (1) year of age, and,
- give birth to more than six (6) litters in its lifetime.
Section 10
No licensee shall sell a dog bred at the recreational kennel.
Sections 11 and 12 - Care of dogs
Section 11
- No licensee shall fail to ensure that any dog indicating symptoms of serious illness or serious injury is:
- examined by a veterinarian within a reasonable period of time of the onset of the symptoms of the illness or the injury; and
- depending on the condition, treated in accordance with the veterinarian’s directives, as appropriate.
Section 12
No licensee shall fail to ensure that all dog waste materials and dead dogs are disposed of in a manner that will not create a public nuisance or health hazard and in accordance with all applicable laws.
Sections 13 and 14 - Facility requirements
Section 13
- No licensee shall fail to ensure that the recreational kennel is:
- maintained in a clean and sanitary condition;
- well-ventilated and well-lit; and
- maintained at a temperature suitable for the welfare and comfort of each dog therein based on its breed, age and health status.
- No licensee shall fail to ensure that:
- an exercise area, whether indoor or outdoor, is provided so as to enable each dog to exercise freely and easily in a manner that will prevent injury to the dog; and
- where dog or cat runs are provided, each run shall:
- have a minimum floor area that is appropriate for the breed and size of the dog;
- be maintained in such a manner to keep the dog securely enclosed; and iii. be free from debris.
- No licensee shall fail to ensure that the surface of every outdoor yard and run is:
- covered in concrete, asphalt, fine gravel or other material or grass which can be easily cleaned or raked; and
- cleaned at least once daily.
Section 14
No licensee shall fail to ensure that all areas in which dogs are kept are enclosed, such as by fencing, in such a way as to ensure that all dogs are confined to the property.
Sections 15 to 19 - Housing of dogs
Section 15
- No licensee shall fail to ensure that every crate, cage or pen used for the keeping or housing of dogs:
- is of an adequate size to permit the dog confined therein to:
- stand normally to its full height;
- extend its legs and body to their full natural extent;
- turn around easily;
- move about easily for the purpose of posture adjustments; and
- lie down in a fully extended position;
- has a floor soundly constructed of hard, durable material which is impervious to water, or which is disposable and replaceable;
- is equipped with receptacles for food and water, mounted or situated such that they cannot be easily overturned or contaminated;
- is in good working condition;
- is not dangerous to the health or well-being of the dog; and
- is maintained in a clean and sanitary condition at all times with all waste material removed at least twice daily.
- is of an adequate size to permit the dog confined therein to:
Section 16
No licensee shall fail to ensure that dogs confined in cages or runs are exercised appropriately based on their breed and size.
Section 17
- No licensee shall fail to ensure that every dog is supplied on a daily basis with:
- food that is nutritionally adequate for the dog; and
- adequate amounts of fresh potable water available at all times.
Section 18
No licensee shall fail to comply with all other applicable federal or provincial laws and regulations, and municipal by-laws.
Section 1 - Licenses required
- Every owner or operator of a payday loan establishment shall obtain a payday loan establishment license.
- A separate payday loan establishment license shall be obtained for each premises operating as a payday loan establishment.
Section 2 - Conditions for Issuance
- No applicant for a payday loan establishment license shall be issued a license unless:
- the applicant is the owner or operator of the payday loan establishment and is at least eighteen (18) years of age;
- the applicant has provided the business address of premises together with the address of any other businesses related to the operation;
- the applicant has provided proof to the Chief License Inspector that the applicant is the holder of a current and valid lender or loan broker license duly issued under the Payday Loans Act, 2008, including the applicable license number;
- the applicant has provided the original documents, dated less than 60 days prior to the date of the application for a license, and annually thereafter, from the appropriate agency outlining acceptable results of investigations for a Criminal Records Check in relation to:
- the applicant, and,
- the payday loans establishment manager, if he or she is a different person from the applicant;
- the premises in which the business operates complies with the zoning, building, property standards and signage by-law requirements of the City of Ottawa;
- the applicant has agreed to indemnify and save harmless the City of Ottawa as required by Section 11 of this Schedule;
- the applicant has provided proof of insurance as required by Section 12 of this Schedule; and
- the applicant has paid the licensing and other applicable fees outlined in Schedule "A" of this by-law.
Section 3 - Conditions for renewal
- No payday loan establishment license shall be renewed unless:
- the applicant has provided proof to the Chief License Inspector that the applicant is the holder of a current and valid lender or loan broker license duly issued under the Payday Loans Act, 2008;
- the premises in which the business operates complies with the property standards and signage requirements of the City of Ottawa;
- the applicant has agreed to indemnify and save harmless the City of Ottawa as required by Section 11 of this Schedule;
- the applicant has provided proof of insurance as required by Section 12 of this Schedule;
- the applicant has provided the original documents, dated less than 60 days prior to the date of the application for a renewal, and annually thereafter, from the appropriate agency outlining acceptable results of investigations for a Criminal Records Check in relation to:
- the applicant, and,
- the payday loans establishment manager, if he or she is a different person from the applicant; and,
- the applicant has paid the renewal and other applicable fees outlined in Schedule “A” of this by-law.
Section 4 - Additional conditions
The Chief License Inspector may impose such additional conditions with respect to the issuance or the renewal of a payday loan establishment license under this Schedule as he or she deems necessary to ensure public safety and consumer protection.
Sections 5 to 9 - General regulations
Section 5
No person shall operate a payday loan establishment without first obtaining a license to do so under this by-law.
Section 6
No licensee shall fail to post a license validly issued under this Schedule in a prominent location on the premises of the payday loan establishment so as to be clearly visible to the customers visiting the payday loan establishment.
Section 7
- No licensee shall fail to comply with the requirements of the Payday Loans Act, 2008.
- Every licensee shall ensure that every individual employed or contracted to provide services or assist in the provision of services offered in the payday loan establishment complies with the requirements of the Payday Loans Act, 2008.
- Every individual employed or contracted to provide services or assist in the provision of services offered in the payday loan establishment shall comply with the requirements of the Payday Loans Act, 2008.
Section 8
- Every licensee shall inform the Chief License Inspector immediately, in writing, if the licensee’s license under the Payday Loans Act, 2008, is suspended, ceases to be valid, is revoked or expires.
- If a licensee’s license under the Payday Loans Act, 2008, is suspended, ceases to be valid, is revoked or expires, the license under this schedule is suspended for the entirety of the period that the license under the Payday Loans Act, 2008 is suspended, ceases to be valid, is revoked or expires.
Section 9
Every licensee shall operate only at the location authorized by the license issued under the Payday Loans Act, 2008.
Section 10 - Display of required information
- No licensee or agent of the licensee shall fail to ensure that every payday loan establishment displays, in each payday loan establishment, the following information on a poster supplied by the Chief License Inspector that is in both English and in French with:
- the website contact information of the Province of Ontario’s Consumer Protection Ontario page entitled “Payday loan: your rights” or alternative website, as determined by the Chief License Inspector;
- the website contact information for the Government of Canada’s Financial Consumer Agency of Canada page entitled “Payday loans” or alternative website, as determined by the Chief License Inspector;
- the contact information for credit counselling agencies, including their respective telephone number and email address, as approved by the Chief Licensing Inspector; and,
- any other information required by the Chief License Inspector.
- No licensee or agent of the licensee shall fail to ensure that the information required in subsection (1) is posted in a prominent location within the payday loan establishment and is clearly and easily visible to customers visiting the establishment.
- The Chief License Inspector may require the licensee or agent of the licensee to replace the poster referred to in subsection (1), from time to time, as required.
Section 11 - Indemnification
The licensee shall indemnify and save harmless the City of Ottawa from any and all claims, demands, causes of action, losses, costs or damages that the City of Ottawa may suffer, incur, or be liable for resulting from the performance or non-performance by the applicant or licensee of the requirements and obligations under this by-law, whether with or without negligence on the part of the applicant or licensee, their employees, directors and agents.
Section 12 - Insurance
- Every applicant for a payday loan establishment license shall file with the Chief License Inspector proof of insurance of Commercial General Liability insurance coverage subject to limits of not less that Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof.
- The insurance required in subsection (1) shall be in the name of the applicant or licensee, as the case may be, and shall name the City of Ottawa as an additional insured.
- The proof of insurance required in subsection (1) shall contain an endorsement to provide the Chief License Inspector with thirty (30) days’ prior written notice of any cancellation or of a material change.
Section 13 - Transfers
A payday loan establishment license pursuant to this Schedule is not transferrable.
Section 14 - Requirement for provincial license
Nothing in this Schedule or By-law should be construed as derogating from the obligation of a payday loan lender or loan broker, as defined by the Payday Loans Act, 2008, from obtaining the required license from the Province of Ontario under that Act or to comply with its requirements. (By-law 2019-381)
Repealed. (By-law 2024-107)