hordruma/ontario_laws_and_regs huggingface dataset:
PART IV LICENCES
154.
154 (1) Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to adult entertainment establishments, may, (a)  despite section 153, define the area of the municipality 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; and (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. 32, Sched. A, s. 82. 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, excluding 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. 32, Sched. A, s. 82. Power of entry (3) Despite subsection 436 (1), a local municipality may exercise its administrative power of entry under section 436 at any time of the day or night to enter an adult entertainment establishment.  2006, c. 32, Sched. A, s. 82. 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. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
154.1
154.1 (1) Despite section 153 and without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to payday loan establishments, may define the area of the municipality 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. 27. Exception (2) Despite subsection (1), a by-law described in that subsection shall not prohibit the operation of all payday loan establishments in the municipality. 2017, c. 5, Sched. 2, s. 27. 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. 27. Section Amendments with date in force (d/m/y) 2017, c. 5, Sched. 2, s. 27 - 01/01/2018
PART IV LICENCES
155.
155 Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 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 155 of the Act is amended by striking out “tow trucks and” in the portion before clause (a). (See: 2023, c. 9, Sched. 36, s. 30 (2)) (a)  establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and (b)  provide for the collection of the rates or fares charged for the conveyance.  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007 2023, c. 9, Sched. 36, s. 30 (2) - 01/01/2024
PART IV LICENCES
156.
156 (1) Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 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 municipality or from any point in the municipality to any point outside the municipality; (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. 32, Sched. A, s. 82. Restriction (2) A business licensing by-law of a municipality 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 municipality to any point outside the municipality. 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. 32, Sched. A, s. 82. Airports (3) A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs does not apply in respect of taxicabs conveying property or passengers from any point within the municipality to an airport situated outside the municipality if, (a)  the airport is owned and operated by the Crown in right of Canada and the taxicab bears a valid and subsisting plate issued in respect of the airport under the Government Airport Concession Operations Regulations made under the Department of Transport Act (Canada); or (b)  the airport is operated by a corporation or other body designated by the Governor in Council as a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act
(Canada) and the taxicab bears a valid and subsisting permit or licence issued by the designated airport authority.  2006, c. 32, Sched. A, s. 82. Mississauga (4) No business licensing by-law passed by the City of Mississauga with respect to the owners and drivers of taxicabs applies in respect of taxicabs, other than taxicabs licensed by the city, engaged in the conveyance of goods or passengers, if the conveyance commenced at the Lester B. Pearson International Airport.  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
157.
157 (1) If a municipality and the police services board of the municipality 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 services board or another body performing a public function prescribed by the Minister, the municipality 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. A, s. 82. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 157 (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. 33 (4)) Delegation (2) A municipality 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 9, 10, 11 and 150 to 165 apply with necessary modifications to the other municipality.  2006, c. 32, Sched. A, s. 82. Regulations (3) For the purpose of this section, the Minister may prescribe the bodies performing a public function and may impose conditions and limitations on the powers of the municipality to enter into agreements with those bodies.  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007 2018, c. 3, Sched. 5, s. 35 (4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (4) - not in force
PART IV LICENCES
158.
158 (1) The Minister may make regulations, (a)  exempting any business or class of business from all or any part of a by-law providing for a system of licences under any Act, including self-regulated businesses; (b)  imposing conditions and limitations on the powers of a municipality under this Act to provide for a system of licences with respect to a business; (c)  prohibiting municipalities from imposing on any business, in respect of which a provincial certificate has been issued, a condition on a licence requiring testing on the subject-matter of the certification.  2006, c. 32, Sched. A, s. 82. Scope (2) A regulation under this section may, (a)  be retroactive for a period not exceeding one year; (b)  require a municipality to return licence fees collected during that period; and (c)  require a municipality to use the licence fees in the prescribed manner.  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 36 - 01/01/2003 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
159.
159 If there is a conflict between a provision in this Act and a provision of any other Act authorizing a municipality to license a business, the provision that is less restrictive of a municipality’s power prevails.  2006, c. 32, Sched. A, s. 82.   Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
160.
160 Sections 9, 10, 11 and 150 to 159 apply, with necessary modifications, to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act.  2006, c. 32, Sched. A, s. 82.  Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
161.
161 A lower-tier municipality in The Regional Municipality of Waterloo may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality.  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
162.
162 (1) A business licensing by-law of The Regional Municipality of York with respect to a lodging house, as defined in section 11.1, has no force in a lower-tier municipality in which a business licensing by-law passed by the lower-tier municipality is in force in respect of the same lodging house.  2006, c. 32, Sched. A, s. 82. Same (2) A lower-tier municipality in The Regional Municipality of York may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality.  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
163.
163 (1) A municipality shall not pass a business licensing by-law for group homes unless there is in effect in the municipality a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the municipality.  2006, c. 32, Sched. A, s. 82. Same (2) A business licensing by-law 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 municipality such information as the municipality considers appropriate concerning the business name, ownership and method of contacting the licensee or applicant.  2006, c. 32, Sched. A, s. 82. Definition (3) In this section, “group home” means a residence licensed or funded under a federal or provincial statute for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being.  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
164.
164 (1) Without limiting sections 9, 10 and 11, a local municipality may prohibit or licence trailers located in the municipality.  2006, c. 32, Sched. A, s. 82. Restriction (2) If a municipality licenses trailers in the municipality, no licence fee shall be charged in respect of a trailer assessed under the Assessment Act.  2006, c. 32, Sched. A, s. 82. Restriction, trailer camps (3) If a municipality licenses trailer camps under a business licensing by-law 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. 32, Sched. A, s. 82. Definitions (4) In this section, “trailer” means any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked-up or its running gear is removed; (“roulotte”) “trailer camp” means any land on which a trailer is kept. (“parc à roulottes”)  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007
PART IV LICENCES
165.
165 Without limiting sections 9, 10 and 11, a local municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races.  2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007 2007, c. 8, s. 218 (3) - 01/01/2007 166-170 Repealed: 2006, c. 32, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 82 - 01/01/2007 PART V   municipal reorganization Municipal Restructuring
PART V MUNICIPAL REORGANIZATION
171.
171 (1) The purposes of sections 172 to 179 are, (a)  to provide for a process which allows municipal restructuring to proceed in a timely and efficient manner; (b)  to facilitate municipal restructuring over large geographic areas; and (c)  to facilitate municipal restructuring of a significant nature which may include elimination of a level of municipal government, transfer of municipal powers and responsibilities and changes to municipal representation systems.  2001, c. 25, s. 171 (1). Interpretation (2) In sections 172 to 179, a reference to a municipality does not include the cities of Toronto, Hamilton, Ottawa and Greater Sudbury, Haldimand County or Norfolk County or a regional municipality or its lower-tier municipalities except with respect to minor restructuring proposals described in subsection 173 (16).  2001, c. 25, s. 171 (2).
PART V MUNICIPAL REORGANIZATION
172.
172 In sections 171 to 186, “local body” means, in respect of unorganized territory, a local body as described in the regulations; (“organisme local”) “resident” means a person who is a permanent resident or a temporary resident having a permanent dwelling within a geographic area and who is a Canadian citizen and is at least 18 years of age; (“résident”) “restructuring” means, (a)  annexing part of a municipality to another municipality, (b)  annexing a geographic area that does not form part of a municipality to a municipality, (c)  amalgamating a municipality with another municipality, (d)  separating a local municipality from an upper-tier municipality for municipal purposes, (e)  joining a local municipality to an upper-tier municipality for municipal purposes, (f)  dissolving all or part of a municipality, and (g)  incorporating the inhabitants of a geographic area as a municipality. (“restructuration”)  2001, c. 25, s. 172.
PART V MUNICIPAL REORGANIZATION
175.
175 (1) The commission may make orders to implement a restructuring proposal if the requirements in section 174 have been met and if, in the opinion of the commission, the proposal complies with the restructuring principles and standards established under section 179.  2001, c. 25, s. 175 (1). Same (2) For the purposes of implementing a restructuring proposal, the commission has the powers under a regulation made under subsection 173 (17).  2001, c. 25, s. 175 (2). Effect of order (3) A restructuring proposal shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (1).  2001, c. 25, s. 175 (3). Restriction (4) The commission shall not finalize the restructuring proposal or make orders to implement it until at least 30 days after the later of, (a)  the day on which the final public meeting about the draft is held; and (b)  the deadline for receiving written submissions about the draft.  2001, c. 25, s. 175 (4). Publication and filing (5) The commission shall publish an order in The Ontario Gazette and shall file a copy of the order with each municipality to which the order applies.  2001, c. 25, s. 175 (5). Inspection (6) Each municipality described in subsection (5) shall make the order available for public inspection.  2001, c. 25, s. 175 (6). Not regulation (7) An order of the commission is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2001, c. 25, s. 175 (7); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
PART V MUNICIPAL REORGANIZATION
176.
176 The Minister may, for the purposes of sections 174 and 175, make regulations, (a)  establishing a commission; (b)  providing for the composition of the commission, which may be composed of one person; (c)  describing the geographic area for which the commission shall develop a restructuring proposal; (d)  in respect of unorganized territory, providing that any body or class of persons is a local body; (e)  establishing types of restructuring; (f)  authorizing the commission to determine its costs and to apportion the costs among the municipalities and local bodies in the geographic area for which the commission was established; (g)  providing that a municipality in a geographic area for which a commission has been established to develop a restructuring proposal under subsection 174 (1), (i)  shall not exercise a specified power under any Act, (ii)  shall exercise, in the specified manner, a specified power under any Act, (iii)  shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act; (h)  for the purpose of subsection 174 (4), prescribing the persons or bodies to be consulted.  2001, c. 25, s. 176.
PART V MUNICIPAL REORGANIZATION
177.
177 (1) The Minister may require that a commission follow such procedures as the Minister may provide, in addition to the procedures set out in this Part.  2001, c. 25, s. 177. Legislation Act, 2006 (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to procedures established by the Minister under subsection (1).  2006, c. 21, Sched. F, s. 120 (2). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 120 (2) - 25/07/2007
PART V MUNICIPAL REORGANIZATION
179.
179 The Minister may, by regulation, establish restructuring principles and standards, (a)  that relate to restructuring proposals under section 173 or 174; and (b)  that shall be considered by the Ontario Land Tribunal when making a decision under section 180, 181 or 182.  2001, c. 25, s. 179; 2017, c. 23, Sched. 5, s. 41; 2021, c. 4, Sched. 6, s. 64 (1). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 41 - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021
PART V MUNICIPAL REORGANIZATION
180.
180 (1) The Minister, with the approval of the Lieutenant Governor in Council, may apply to the Ontario Land Tribunal to incorporate the inhabitants of a geographic area in unorganized territory as a single-tier municipality.  2001, c. 25, s. 180 (1); 2017, c. 23, Sched. 5, s. 42 (1); 2021, c. 4, Sched. 6, s. 64 (1). Boundaries (2) The Tribunal may incorporate the geographic area or incorporate a geographic area which is larger or smaller than the geographic area for which the application is made.  2001, c. 25, s. 180 (2); 2017, c. 23, Sched. 5, s. 42 (2). Overlap (3) If the geographic area incorporated as a single-tier municipality includes areas in more than one territorial district as set out in the regulations under the Territorial Division Act, 2002, the municipality shall form part of the territorial district specified by the Tribunal.  2001, c. 25, s. 180 (3); 2009, c. 33, Sched. 21, s. 6 (3); 2017, c. 23, Sched. 5, s. 42 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 6 (3) - 25/01/2010 2017, c. 23, Sched. 5, s. 42 (1-3) - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021
PART V MUNICIPAL REORGANIZATION
181.
181 (1) The Ontario Land Tribunal may annex a geographic area in unorganized territory to a local municipality upon the application of, (a)  the local municipality; (b)  the Minister with the approval of the Lieutenant Governor in Council; or (c)  at least 25 residents of the geographic area for which the application is made.  2001, c. 25, s. 181 (1); 2017, c. 23, Sched. 5, s. 43 (1); 2021, c. 4, Sched. 6, s. 64 (1). Boundaries (2) The Tribunal may annex a geographic area that is larger or smaller than the geographic area for which the application is made.  2001, c. 25, s. 181 (2); 2017, c. 23, Sched. 5, s. 43 (2). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 43 (1, 2) - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021
PART V MUNICIPAL REORGANIZATION
182.
182 (1) The Minister, with the approval of the Lieutenant Governor in Council, may apply or a single-tier municipality may apply to the Ontario Land Tribunal to dissolve all or part of the single-tier municipality in a territorial district as set out in the regulations under the Territorial Division Act, 2002.  2001, c. 25, s. 182 (1); 2009, c. 33, Sched. 21, s. 6 (4); 2017, c. 23, Sched. 5, s. 44 (1); 2021, c. 4, Sched. 6, s. 64 (1). Powers of Tribunal (2) Upon an application under subsection (1), the Tribunal may, (a)  dissolve all or part of the single-tier municipality; (b)  annex all or part of the single-tier municipality to another municipality; or (c)  do any combination of (a) and (b).  2001, c. 25, s. 182 (2); 2017, c. 23, Sched. 5, s. 44 (2);
2021, c. 4, Sched. 6, s. 64 (2). Dissolution (3) The Tribunal may dissolve or annex a geographic area that is larger or smaller or different than the geographic area for which the application is made.  2001, c. 25, s. 182 (3); 2017, c. 23, Sched. 5, s. 44 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 6 (4) - 25/01/2010 2017, c. 23, Sched. 5, s. 44 (1-3) - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1, 2) - 01/06/2021