hordruma/ontario_laws_and_regs huggingface dataset:
PART III GENERAL POWERS: LIMITS AND ADDITIONS
General power to make grants
83 (1) Despite any provision of this or any other Act relating to the giving of grants or aid by the City, subject to section 82, the City may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the City for any purpose that council considers to be in the interests of the City.  2006, c. 11, Sched. A, s. 83 (1). Loans, guarantees, etc. (2) The power to make a grant includes the power, (a) to guarantee a loan and to make a grant by way of loan and to charge interest on the loan; (b) to sell or lease land for nominal consideration or to make a grant of land; (c) to provide for the use by any person of land owned or occupied by the City upon such terms as may be fixed by council; (d) to provide for the use of officers, employees or agents of the City by any person, upon such terms as may be fixed by council; (e) to sell, lease or otherwise dispose of at a nominal price, or make a grant of, any personal property of the City or to provide for the use of the personal property on such terms as may be fixed by council; and (f) to make donations of foodstuffs and merchandise purchased by the City for that purpose.  2006, c. 11, Sched. A, s. 83 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Definition
85 In sections 86 to 96, “business” means any business wholly or partly carried on within the City even if the business is being carried on from a location outside the City and includes, (a) trades and occupations, (b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise, (c) the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader, (d) the display of samples, patterns or specimens of goods for the purpose of sale or hire.  2006, c. 11, Sched. A, s. 85.
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Other licensing powers
88 Sections 7, 8 and 85 to 94 apply, with necessary modifications, to the City in the exercise of a power to pass by-laws licensing businesses under any other section of this Act or any other Act.  2006, c. 11, Sched. A, s. 88; 2006, c. 32, Sched. B, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 15 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Restriction re systems of licences
89 (1) The City shall not, under paragraph 11 of subsection 8 (2), provide for a system of licences which makes it illegal for a business listed below to carry on or engage in the business without a licence: 1. A manufacturing or an industrial business, except to the extent that it sells its products or raw material by retail. 2. The sale of goods by wholesale. 3. The generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources.  2006, c. 11, Sched. A, s. 89 (1). Same (2) Nothing in subsection (1) prevents the City from providing for a system of licences under any authority other than paragraph 11 of subsection 8 (2) for a business.  2006, c. 11, Sched. A, s. 89 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Limitation re location of business
90 (1) Despite sections 7 and 8, the City shall not, except as otherwise provided, refuse to grant a licence for a business under this Act by reason only of the location of the business.  2006, c. 11, Sched. A, s. 90 (1). Compliance with land use control by-law (2) Despite subsection (1), a by-law providing for a system of licences for a business may require as a condition of obtaining, continuing to hold or renewing a licence that the business comply with land use control by-laws or requirements under the Planning Act
or any other Act.  2006, c. 11, Sched. A, s. 90 (2). Continuation (3) Despite subsection (2), the City shall not refuse to grant a licence by reason only of the location of the business if the business was being lawfully carried on at that location at the time the by-law requiring the licence came into force so long as it continues to be carried on at that location.  2006, c. 11, Sched. A, s. 90 (3).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Reciprocal licensing arrangement
91 (1) If the City and the police services board of the City agree to enforce a by-law providing for a system of licences with respect to a business on behalf of each other or on behalf of another municipality, another police service board or another body performing a public function prescribed by the Minister, the City or the police services board, as the case may be, may designate one or more persons as officers to enforce the licensing by-laws.  2006, c. 32, Sched. B, s. 16 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 91 (1) of the Act is amended by striking out “police services board” wherever it appears and substituting in each case “police service board”. (See: 2019, c. 1, Sched. 4, s. 10 (5)) Delegation (2) The City may delegate to another municipality, with the consent of the other municipality, the power to provide for a system of licences with respect to a business specified in the by-law and, for that purpose, sections 7, 8 and 85 to 96 apply with necessary modifications to the other municipality.  2006, c. 11, Sched. A, s. 91 (2); 2006, c. 32, Sched. B, s. 16 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 16 (1, 2) - 01/01/2007 2018, c. 3, Sched. 5, s. 11 (5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (5) - not in force
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Restrictions re adult entertainment establishments
92 (1) Without limiting sections 7 and 8, a by-law under those sections with respect to adult entertainment establishments may, (a) despite section 90, define the area of the City in which adult entertainment establishments may or may not operate and limit the number of adult entertainment establishments in any defined area in which they are permitted; (b) prohibit any person carrying on or engaged in an adult entertainment establishment business from permitting any person under the age of 18 years to enter or remain in the adult entertainment establishment or any part of it.  2006, c. 11, Sched. A, s. 92 (1). Premises (2) Any premises or any part of them is an adult entertainment establishment if, in the pursuance of a business, (a) goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided in the premises or part of the premises; or (b) body-rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person’s body, are performed, offered or solicited in the premises or part of the premises, but does not include premises or part of them where body-rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under a statute of Ontario.  2006, c. 11, Sched. A, s. 92 (2). Power of entry (3) Despite subsection 376 (1), the City may exercise its administrative power of entry under section 376 at any time of the day or night to enter an adult entertainment establishment.  2006, c. 11, Sched. A, s. 92 (3). Evidence rule (4) For the purpose of a prosecution or proceeding under a by-law with respect to adult entertainment establishments, the holding out to the public that the entertainment or services described in subsection (2) are provided in the premises or any part of them is admissible in evidence as proof, in the absence of evidence to the contrary, that the premises or part of them is an adult entertainment establishment.  2006, c. 11, Sched. A, s. 92 (4).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Restrictions re payday loan establishments
92.1 (1) Despite section 90 and without limiting sections 7 and 8, the City, in a by-law under those sections with respect to payday loan establishments, may define the area of the City in which a payday loan establishment may or may not operate and limit the number of payday loan establishments in any defined area in which they are permitted. 2017, c. 5, Sched. 2, s. 26. Exception (2) Despite subsection (1), a by-law described in that subsection shall not prohibit the operation of all payday loan establishments in the City. 2017, c. 5, Sched. 2, s. 26. Definition (3) In this section, “payday loan establishment” means any premises or any part of them in respect of which a licensee within the meaning of the Payday Loans Act, 2008 may operate a business pursuant to a licence issued under that Act. 2017, c. 5, Sched. 2, s. 26. Section Amendments with date in force (d/m/y) 2017, c. 5, Sched. 2, s. 26 - 01/01/2018
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Licensing - vehicles, other than motor vehicles, for hire
93 Without limiting sections 7 and 8, a by-law under those sections with respect to owners and drivers of tow trucks and vehicles, other than motor vehicles, used for hire, may, Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 93 of the Act is amended by striking out “tow trucks and” in the portion before clause (a). (See: 2023, c. 9, Sched. 36, s. 29) (a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the City or from any point in the City to any point outside the City; and (b) provide for the collection of the rates or fares charged for the conveyance.  2006, c. 11, Sched. A, s. 93. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 29 - 01/01/2024
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Licensing taxicabs
94 (1) Without limiting sections 7 and 8, a by-law under those sections with respect to the owners and drivers of taxicabs may, (a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the City or from any point in the City to any point outside the City; (b) provide for the collection of the rates or fares charged for the conveyance; and (c) limit the number of taxicabs or any class of them.  2006, c. 11, Sched. A, s. 94 (1). Restriction (2) A by-law made under paragraph 11 of subsection 8 (2) with respect to the owners and drivers of taxicabs is void to the extent that it restricts, limits or prevents the owners and drivers of taxicabs from engaging in conveyances that meet both of the following criteria: 1. The purpose of the conveyance is to transport persons with physical, emotional or mental disabilities from any point in the City to any point outside the City. 2. The conveyance is made pursuant to a written contract for the use of a taxicab which can legally operate in the municipality in which the conveyance begins or ends.  2006, c. 11, Sched. A, s. 94 (2); 2006, c. 32, Sched. B, s. 17. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 17 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Restrictions re trailers and trailer camps
95 (1) If the City licenses trailers in the City, no licence fee shall be charged in respect of a trailer assessed under the Assessment Act.  2006, c. 11, Sched. A, s. 95 (1). Trailer camps (2) If the City licenses trailer camps under paragraph 11 of subsection 8 (2) and imposes a licence fee for each lot in the trailer camp to be occupied by one trailer, no licence fee shall be charged in respect of a lot that is to be made available only for a trailer that is assessed under the Assessment Act.  2006, c. 11, Sched. A, s. 95 (2). Definition (3) In this section, “trailer camp” means any land on which a trailer is kept.  2006, c. 11, Sched. A, s. 95 (3).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Restrictions re group homes
96 (1) The City shall not pass by-laws under paragraph 11 of subsection 8 (2) providing for a system of licences for group homes unless there is in effect in the City a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the City.  2006, c. 11, Sched. A, s. 96 (1). Same (2) A by-law under paragraph 11 of subsection 8 (2) providing for a system of licences for group homes may prohibit a person from carrying on the business of a group home without a licence and may provide for the following conditions, but shall not provide for any additional conditions concerning the operation of the group home: 1. The by-law may require the payment of licence fees. 2. The by-law may require a licensee or an applicant for a licence to give the City such information as the City considers appropriate concerning the business name, ownership and method of contacting the licensee or applicant.  2006, c. 11, Sched. A, s. 96 (2). Closing of Business Establishments
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Closing of business establishments
97 (1) Without limiting sections 7 and 8, those sections authorize the City to require business establishments to be closed to the public at any time.  2006, c. 11, Sched. A, s. 97 (1). Same (2) Despite subsection (1), a by-law described in that subsection applies to only those premises where goods or services are sold or offered for sale by retail.  2006, c. 11, Sched. A, s. 97 (2). Exemptions (3) The by-law does not apply to the sale or offering for sale by retail of, (a) goods or services in the form of or in connection with prepared meals or living accommodation; (a.1) liquor, other than liquor sold at a retail store as defined in the Liquor Licence and Control Act, 2019; and (b) any other prescribed goods or services.  2006, c. 11, Sched. A, s. 97 (3); 2006, c. 32, Sched. B, s. 18; 2020, c. 36, Sched. 26, s. 11. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 18 - 01/01/2007 2019, c. 15, Sched. 22, s. 90 (1) - no effect - see 2020, c. 36, Sched. 26, s. 13 - 08/12/2020 2020, c. 36, Sched. 26, s. 11 - 29/11/2021 Health, Safety and Well-Being
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Smoking in public places, etc.
98 (1) This section applies to a city by-law to prohibit or regulate the smoking of tobacco or cannabis in public places and workplaces.  2006, c. 11, Sched. A, s. 98 (1); 2018, c. 17, Sched. 5, s. 1 (1). Crown bound (2) The by-law binds the Crown.  2006, c. 11, Sched. A, s. 98 (2). Restriction (3) The by-law shall not apply to a highway but may apply to public transportation vehicles and taxicabs on a highway.  2006, c. 11, Sched. A, s. 98 (3). Scope of by-law (4) The by-law may, (a) define “public place” for the purpose of the by-law; (b) require the owner or occupier of a public place, the employer of a workplace, other than a public transportation vehicle and a taxicab, or the owner or operator of a public transportation vehicle or a taxicab to ensure compliance with the by-law.  2006, c. 11, Sched. A, s. 98 (4). Conflicts (5) Despite section 11, if there is a conflict between a provision of any Act or regulation and a provision of the by-law, the provision that is the most restrictive of the smoking of tobacco or cannabis prevails.  2006, c. 11, Sched. A, s. 98 (5); 2018, c. 17, Sched. 5, s. 1 (1). Definitions (6) In this section, “workplace” includes a public transportation vehicle and a taxicab. (“lieu de travail”)  2006, c. 11, Sched. A, s. 98 (6); 2018, c. 17, Sched. 5, s. 1 (2). Application (7) For greater certainty, a reference in this section to the smoking of tobacco or cannabis includes, (a) the holding of lighted tobacco or cannabis; and (b) the consumption of tobacco or cannabis through the use of an electronic cigarette. 2018, c. 17, Sched. 5, s. 1 (3). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 5, s. 1 (1-3) - 06/12/2018
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Pits and quarries
100 A city by-law prohibiting or regulating the operation of pits and quarries does not apply to a pit or quarry, as those terms are defined in the Aggregate Resources Act, located in a part of Ontario designated in a regulation under subsection 5 (2) of that Act.  2006, c. 11, Sched. A, s. 100.
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Repairs or alterations, authorized entry
101 (1) The City may authorize the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but only to the extent necessary to carry out the repairs or alterations.  2006, c. 11, Sched. A, s. 101 (1). Conditions (2) The following apply to a power of entry under a by-law under this section: 1. The power of entry may be exercised by an employee or agent of the owner or occupant of land. 2. A person exercising the power of entry must display or, on request, produce proper identification. 3. Nothing in a by-law under this section authorizes entry into a building. 4. The owner or occupant shall provide reasonable notice of the proposed entry to the occupier of the adjoining land. 5. The owner or occupant of land shall, in so far as is practicable, restore the adjoining land to its original condition and shall provide compensation for any damages caused by the entry or by anything done on the adjoining land.  2006, c. 11, Sched. A, s. 101 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Entry on land re maintenance, repairs or alterations
101.1 (1) The City may enter on land adjoining land owned or occupied by the City, at any reasonable time, for the purpose of maintaining or making repairs or alterations to the land owned or occupied by the City but only to the extent necessary to carry out the maintenance, repairs or alterations. 2017, c. 10, Sched. 2, s. 6. Restriction re buildings (2) Nothing in this section authorizes entry into a building. 2017, c. 10, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 6 - 30/05/2017
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Fortification of land
102 (1) This section applies to a city by-law, (a) regulating in respect of the fortification of and protective elements applied to land in relation to the use of the land; and (b) prohibiting the excessive fortification of land or excessive protective elements being applied to land in relation to the use of the land.  2006, c. 11, Sched. A, s. 102 (1). Definitions (2) In this section, “land” means land, including buildings, mobile homes, mobile buildings, mobile structures, outbuildings, fences, erections, physical barriers and any other structure on the land or on or in any structure on the land; (“bien-fonds”) “protective elements” include surveillance equipment. (“éléments protecteurs”)  2006, c. 11, Sched. A, s. 102 (2). By-law and building code (3) A permit shall not be issued under the Building Code Act, 1992 if the proposed building or construction or use of the building will contravene a by-law to which this section applies.  2006, c. 11, Sched. A, s. 102 (3); 2009, c. 33, Sched. 21, s. 4 (2). Conflict (4) Despite section 35 of the Building Code Act, 1992, if there is a conflict between the building code under the Building Code Act, 1992 and a by-law to which this section applies, the building code prevails.  2006, c. 11, Sched. A, s. 102 (4); 2009, c. 33, Sched. 21, s. 4 (3). Period for compliance for existing fortifications (5) If the City makes an order to do work under subsection 385 (1) with respect to a contravention of the by-law, the order shall give not less than three months to complete the work if the fortifications or protective elements were present on the land on the day the by-law is passed.  2006, c. 11, Sched. A, s. 102 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (2, 3) - 25/01/2010
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Conveyance of prisoners
103 If the attendance of a prisoner in a correctional institution is required at a hearing or proceeding and if the City was responsible for delivering the prisoner to the correctional institution, the City is responsible for conveying the prisoner from the correctional institution to the place of the hearing or proceeding and for the prisoner’s return.  2006, c. 11, Sched. A, s. 103. Natural Environment
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Trees
104 (1) This section applies to a city by-law prohibiting or regulating the destruction or injuring of trees.  2006, c. 11, Sched. A, s. 104 (1). Same (2) In passing a by-law prohibiting or regulating the destruction or injuring of trees in woodlands, the City shall have regard to good forestry practices as defined in the Forestry Act.  2006, c. 11, Sched. A, s. 104 (2). Exception from by-law (3) The by-law does not apply to, (a) activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994; (b) the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey; (c) the injuring or destruction of trees imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (c.1) the injuring or destruction of trees imposed under subsection 114 (11) as a condition to the approval of plans or drawings for a site plan control area; (d) the injuring or destruction of trees imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (e) the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (f) the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or (g) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, (i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and (ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act.  2006, c. 11, Sched. A, s. 104 (3); 2006, c. 32, Sched. B, s. 19; 2009, c. 33, Sched. 21, s. 4 (4). Definition (4) In this section, “woodlands” means woodlands as defined in the Forestry Act that are one hectare or more in area.  2006, c. 11, Sched. A, s. 104 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 19 - 01/01/2007 2009, c. 33, Sched. 21, s. 4 (4) - 25/01/2010