Terms & Concepts in the Community Charter: Business Regulation
Section 8(6) of the Community Charter provides
municipalities the power to regulate businesses. This power to regulate, it is
important to note, is distinct from the power to prohibit businesses, and from the
power to impose requirements on businesses.
Any municipality that wishes to exercise its authority to regulate businesses
must give notice of its intention, and provide an opportunity for persons
to make representations to council. In addition, after
adopting a business regulation bylaw, the municipality must make
available, on request, a statement that explains council's reasons
for exercising its authority.
Section 15 gives municipalities the ancillary power to require
businesses to obtain business licences. Included in this power is
the authority to suspend and cancel a business licence for failure
to comply with specified terms and conditions of the licence. The
power to suspend and cancel is addressed further in
section 60. That section gives councils the authority to
suspend or cancel a business licence for reasonable cause following a "show
Regulatory initiatives taken under other authorities in the Community
Charter, and within other regulatory spheres, may have
implications for local businesses and their ability to operate.
Municipalities are encouraged to identify and consider all potential
implications when developing other regulatory schemes. For
guidance, see Regulatory
Best Practices Guide. As well, other parts of the Community Charter
and the Local Government Act, in particular the land use provisions contained
in Part 26 of the latter Act may have implications for
regulation of business.
Please direct questions or comments to
Advisory Services Branch.