4.
License committee COMITÉ DES PERMIS |
That Council approve:
a)
that
License Committee be reconvened from a panel of six (6) members of Council, a
minimum of three (3) of which shall also be members of the Community and
Protective Services Committee;
b)
that three
(3) members of this panel shall form License Committee for any hearing to be
brought before it;
c)
that the
members of the panel be appointed at the February 15, 2007 meeting of the
Community and Protective Services Committee and confirmed by Council at its
meeting February 28, 2007; and,
d) that the licensing by-laws be amended accordingly to reflect Recommendation a) and b), and that references to “Emergency and Protective Services Committee” in any of the by-laws administered by the By-law and Regulatory Services Branch be amended to “Community and Protective Services Committee”.
Que le Conseil municipal d’approuver:
a)
Que le Comité des permis soit
reconstitué à partir d’un groupe de six (6) membres du Conseil, dont au moins
trois (3) devront être également membres du Comité des services communautaires
et de protection.
b)
Que trois (3) membres de ce groupe
forment le Comité des permis pour toutes les audiences demandées au Comité.
c)
Que les membres du groupe soient
nommés à la réunion du 15 février 2007 du Comité des services communautaires et
de protection et que leur nomination soit confirmée par le Conseil à sa réunion
du 28 février 2007.
d)
Que les règlements municipaux sur
les permis soient modifiés pour tenir compte des recommandations (a) et (b) et
que toute mention du Comité des services de protection et d’urgence dans les
règlements municipaux qu’applique la Direction des services des règlements
municipaux soit remplacée par la mention « Comité des services
communautaires et de protection ».
DOCUMENTATION
1.
Deputy
City Manager's report dated 22 January 2007 (ACS2007-CPS-BYL-0003).
Report to/Rapport au :
Community and Protective Services Committee
Comité des services communautaires et de
protection
and Council / et au Conseil
22 January 2007 / le 22 janvier
2007
Submitted by/Soumis par : Steve Kanellakos,
Deputy City Manager/Directeur municipal adjoint,
Community and Protective
Services/Services communautaires et de protection
Contact Person/Personne ressource :
Susan Jones, Director/Directrice
By-law and Regulatory Services/Services des
règlements municipaux
(613) 580-2424 x25536, susan.jones@ottawa.ca
SUBJECT: |
License committee
|
|
|
OBJET : |
REPORT RECOMMENDATIONS
1.
That the Community and
Protective Services Committee recommend to Council that the following be
approved:
a)
that License Committee be reconvened from a
panel of six (6) members of Council, a minimum of three (3) of which shall also
be members of the Community and Protective Services Committee;
b)
that three (3) members of this panel shall form
License Committee for any hearing to be brought before it;
c)
that the members of the panel be appointed at
the February 15, 2007 meeting of the Community and Protective Services
Committee and confirmed by Council at its meeting February 28, 2007; and,
d)
that the licensing by-laws be amended
accordingly to reflect Recommendation a) and b), and that references to “Emergency
and Protective Services Committee” in any of the by-laws administered by the
By-law and Regulatory Services Branch be amended to “Community and Protective
Services Committee”.
RECOMMANDATIONS DU
RAPPORT
1.
Que le Comité des services communautaires et de protection recommande au Conseil
municipal d’approuver ce qui suit :
b) Que
le Comité des permis soit reconstitué à partir d’un groupe de six (6) membres
du Conseil, dont au moins trois (3) devront être également membres du Comité
des services communautaires et de protection.
c)
Que trois (3) membres de ce groupe
forment le Comité des permis pour toutes les audiences demandées au Comité.
d)
Que les membres du groupe soient
nommés à la réunion du 15 février 2007 du Comité des services communautaires et
de protection et que leur nomination soit confirmée par le Conseil à sa réunion
du 28 février 2007.
e)
Que les règlements municipaux sur
les permis soient modifiés pour tenir compte des recommandations (a) et (b) et
que toute mention du Comité des services de protection et d’urgence dans les
règlements municipaux qu’applique la Direction des services des règlements
municipaux soit remplacée par la mention « Comité des services
communautaires et de protection ».
BACKGROUND
Under the Municipal Act, 2001,
municipalities in Ontario are charged with the responsibility of enacting
by-laws respecting the licensing of businesses, such as restaurants, itinerant
sellers, taxis, food premises, among others, to address issues of public health
and safety, public nuisance, and consumer protection. Special legislation obtained by the City
in 2001 further authorized Council to establish a License Committee, sitting as
a quasi-judicial body, which may suspend or revoke municipal licenses after
affording the licensee an opportunity to be heard. This statute also provides a License Committee with the authority
to impose conditions as a requirement for obtaining, continuing to hold, or
renewing a license.
DISCUSSION
The function of licensing is to provide a set of standards for
individuals wishing to engage in certain trades, callings, businesses or
occupations that the City has determined appropriate to regulate. The issuance of a license is subject to
suspension or revocation, for just cause, in accordance with the Municipal Act, 2001, any special
legislation that has been obtained by municipalities to govern that activity,
and the City’s Licensing By-law No. 2002-189.
The City of Ottawa has established a number of business licensing
by-laws that:
·
initiate
inspections and approvals by internal and external regulatory offices (i.e.
fire, health, zoning, property standards, and police);
·
regulate the
application process and ensure pre-requisite approvals and standards are
observed as well as establish criteria for refusals and suspensions, and the
creation of a License Committee;
·
prescribe
additional minimum entry standards such as training, conditions of vehicles,
proof of insurance;
·
regulate
after-licensing performance; and
·
stabilize the
trade environment for fixed premises and iterant/mobile businesses (designated
spaces for street vendors).
Over the past three years, the Community and
Protective Services Department undertook a phased approach to harmonizing the
business licensing by-laws of the former municipalities. This initiative was given a high priority in
light of the potential financial impact to individuals, businesses and the
City.
In April 2001, Council approved the amendment
to a number of former municipal by-laws with respect to licensing and License
Committees. The amending by-laws
outlined the License Committee structure, meeting schedule and purpose under
the new City. Special legislation obtained
in December 2001 expanded the role of the License Committee giving it authority
to make final and binding decisions.
The legislation also enhanced and harmonized the authority of the
License Committee across the new City of Ottawa.
In accordance with the historical and planned
Terms of Reference associated with the Standing Committee responsible for
business licensing by-law related matters, the License Committee is responsible
for:
·
reviewing, in
accordance with the Statutory Powers
Procedures Act, cases relating to license suspensions, revocations,
refusals and renewals brought forward by the Chief License Inspector; and
·
making final and
binding decisions respecting license suspensions and revocations as well as the
imposition of conditions as a requirement for obtaining, continuing to hold or
renewing a license.
The
License Committee affords an individual the opportunity to appeal a decision
made by the Chief License Inspector.
Committee members are expected to accord procedural fairness to the
person seeking a hearing, allowing them to question witnesses presented in support
of the Chief License Inspector's decision and present their own evidence either
through individuals or by way of documentation. Ultimately, in deciding to uphold the decision of the Chief
License Inspector, or in reversing or otherwise modifying that decision,
members of the License Committee are acting in the public interest.
In light of the new term of Council as well as
the merging of the Emergency and Protective Services and the Health, Recreation
and Social Services Committees to establish the new Community and Protective
Services Committee, it is appropriate and necessary that the composition of
License Committee be reviewed and that members be appointed to serve on the
Committee. In the meantime, an interim
License Committee is conducting hearings and other associated business as
required.
To facilitate the scheduling and completion of
License Committee hearings, and giving due consideration to the extent and
nature of commitments of Council members, it is proposed that a group of six
(6) members of Council be established from which to draw to serve on License
Committee and that three (3) of those must be members of the Community and
Protective Services Committee, which mandate includes business licensing
matters. For any given hearing, only
three (3) of the six (6) will sit as License Committee, as has been past
practice.
Further, in accordance with the direction of
the previous Council and as provided in the Licensing By-law, a regular meeting
of License Committee will be scheduled for 9:30 a.m. on the third Monday of
every second month beginning in March 2007, to ensure that hearings are
conducted as expeditiously as possible.
If no reports are scheduled two weeks in advance, the regularly scheduled
meeting will be cancelled. However,
from time to time, the License Committee may be requested to convene on an
urgent basis to hear a case, which, because of its nature or due to time
limitations prescribed by by-law, cannot be postponed to a regular
meeting.
Training
of License Committee Members
Once the formal membership of the License
Committee has been established, it will be imperative to ensure that all
members undergo training with respect to their role and legal responsibilities
pursuant to the applicable licensing by-laws and the Statutory Powers Procedures Act as members of a quasi-judicial
body.
As such, it is recommended that the By-law and
Regulatory Services Branch, in consultation with the Legal Services Branch,
provide License Committee members, prior to their first license status review,
with a training session and a License Committee manual. This training will include an overview of
the following:
Licensing
By-laws;
License
Committee;
Statutory Powers Procedure Act;
explanatory notes
related to such procedures;
administrative
tasks chart; and
commonly asked
questions.
CONSULTATION
Given the administrative nature of the recommendations, no public
consultation is necessary and none was undertaken.
FINANCIAL IMPLICATIONS
There are no direct financial implications associated with the
recommendations.
DISPOSITION
Members of the License Committee will be appointed at the February 15,
2007 meeting of the Community and Protective Services Committee, and
subsequently confirmed by Council on February 28, 2007.
The By-law and Regulatory Services Branch, in consultation Legal
Services Branch, to provide License Committee members with a training session
and a License Committee manual prior to the first hearing of the Committee.
Legal Services Branch to ensure that any required revisions to the relevant by-laws are undertaken.