Legislation

BE IT RESOLVED that the following be and the same is hereby adopted and enacted as a By-law of Halifax County Municipality when and if the same has received the approval of the Minister of Municipal Affairs, and that the Municipal Clerk be and he is hereby instructed to forward the same to the Minister and request his approval hereof.

Title

1. This By-law shall be known as and may be cited as the "Trade and Licensing By-law".

Definitions

2. In this By-law unless the context otherwise indicates:

(a) REPEALED. Amended HRM A-200 March 2, 2004; Effective Date March 6, 2004

(b) "Clerk of Licenses" means the Clerk of Licenses of the Municipality;

(c) "Committee" means the Executive Committee of the Council; (Amended July 3, 1984; Approved February 22, 1985)

(d) REPEALED. Amended HRM A-200 March 2, 2004; Effective Date March 6, 2004

Clerk of Licenses

3. The Council shall appoint a Clerk of Licenses who shall issue licenses under this By-law upon compliance with all requirements therefor and upon payment of the fees prescribed in this By-law.

4. REPEALED. Amended July 3, 1984; Approved February 22, 1985.

5. REPEALED. Amended July 3, 1984; Approved February 22, 1985.

6. REPEALED. Amended July 3, 1984; Approved February 22, 1985.

7. REPEALED. Amended July 3, 1984; Approved February 22, 1985.

8. REPEALED. Amended July 3, 1984; Approved February 22, 1985.

10. (1) No person shall engage in the business of removing and collecting sewage within the Municipality unless he holds a license from the Municipality for that purpose which is in force.

(2) The Clerk of Licenses shall issue such a license only upon compliance with all requirements therefor and the payment of the fee of Five Dollars ($5.00).

Expiry Date

11. A license issued under this By-law shall be valid until the last day of December next following its issue unless sooner revoked or suspended.

Cancellation upon conviction

12. (1) A license issued under this By-law may be suspended or revoked by the Clerk of Licenses if the holder thereof is convicted of any offence against this By-law or against the Criminal Code of Canada.

Notice

(2) The Clerk of Licenses shall notify the holder of such license of the cancellation or revocation by mailing notice thereof to his last known address.

Appeal

(3) A person whose license has been so cancelled or revoked by the Clerk of Licenses may appeal such cancellation or revocation to the Committee by giving the Clerk of Licenses written notice of his intention to do so within ten (10) days of the mailing of the notice of cancellation or revocation.

Hearing

(4) The Committee shall determine such appeal and may confirm the decision of the Clerk of Licenses or restore the license.

13. REPEALED. Amended July 3, 1984; Approved February 22, 1985.

Replacement

14. The Clerk of licenses may replace any license sticker, for which other provision has not been made, on the payment of Five Dollars ($5.00) when he is satisfied that it has been lost, stolen or destroyed. (Amended July 3, 1984; Approved February 22, 1985) .Cancellation by Committee

15. (1) Where it appears to the Committee that it is in the public interest to do so it may instruct the Clerk of Licenses to cancel any license issued under the provisions of this By-law.

(2) The Clerk of Licenses shall notify the holder of such license of the cancellation by mailing a notice thereof to the last known address of the licensee.

(3) A license cancelled pursuant to this Section shall cease to be in force after sufficient time has elapsed for the notice of cancellation to have reached its destination in the normal course of the mail.

Application in Writing

16. (1) Every application for a license under this By-law shall be made in writing on a form provided therefor by the Clerk of Licenses and signed by the person applying therefor.

Contents of application

(2) The application shall contain the following information concerning the applicant:

(a) his full name and address;
(b) his age;
(c) whether or not he is a ratepayer of the Municipality;
(d) the name of the trade engaged in;
(e) the type of goods or services sold;
(f) the method by which the trade is carried on;
(g) such other information as may be required by the Clerk of Licenses.

False statement

(3) It shall be an offence for any person to make any false statement in his application hereunder.

Penalty

17. (1) Any person who violates and provision of this By-law shall be liable to a penalty not exceeding One Hundred Dollars ($100.00) and in default of payment to imprisonment for a term not exceeding two months.

(2) When any person has been convicted for not having obtained a license as required by this By-law the justice, magistrate or judge entering the conviction may in addition to any penalty imposed by him require the defendant to pay the fee for such license or in default of payment thereof to be imprisoned for a term not exceeding twenty days.

Repeal

18. All former Trade and Licensing By-laws passed by the Council are hereby repealed and this By-law substituted therefor.

THIS IS TO CERTIFY that the By-law of which the foregoing is a true copy was duly passed at a duly called meeting of the Municipal Council of Halifax County Municipality held on the 18th day of January A.D. 1972.

GIVEN under the hand of the Municipal Clerk and under the corporate seal of the said Municipality this 28th day of January A.D. 1972.

(sgd) R. G. Hattie Municipal Clerk

DEPARTMENT OF MUNICIPAL AFFAIRS

Recommended for approval
of the Minister

(sgd) W. E. Moseley
Deputy Minister

APPROVED this 16th day of August, 1972.

(sgd) J. F. Mooney
Minister of Municipal Affairs