City of Ottawa Act, 1996
The purpose of the Bill is to allow the council of the City of Ottawa to pass by-laws establishing and operating markets in any area of the city and to regulate or prohibit any activities carried out or products being sold in those markets. The Bill would authorize the council to give preference to direct producers of agri-food products or art and craft.
An Act respecting the
City of Ottawa
The Corporation of the City of Ottawa has applied for special legislation in respect of its markets. The Corporation considers it desirable to maintain and promote its markets as strong, viable and attractive traditional produced-based farmers' markets.
It is appropriate to grant the application.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,
"agri-food producer" means a person who is actively and directly engaged in the production of agri-food products to be sold or offered for sale on the markets;
"agri-food products" means fruits, vegetables, plants, roots, seeds, cereals and cereal products, mushrooms, eggs, fish, meat, poultry, game, dairy products, honey products, maple products, horticultural and floricultural products and any products derived from them;
"art and craft" means goods produced or created from raw or basic materials which are changed into a significantly different shape, design, form or function using a special skill, trade or manual art;
"art and craft producer" means a person who is actively and directly engaged in the creation of all art and craft to be sold or offered for sale on the markets;
"Corporation" means The Corporation of the City of Ottawa;
"tourist services" includes tourist information services, bicycle rental services, tour bus services, walking tour services and rickshaw tour services.
By-laws respecting markets
2. (1) The council of the Corporation may pass by-laws for establishing, maintaining and operating one or more markets within a defined area or defined areas of the City of Ottawa and for regulating or prohibiting the activities within the markets, which may be different for each market.
(2) The activities that may be regulated or prohibited include,
(a) selling or offering for sale agri-food products, art and craft or refreshments;
(b) special events;
(c) street performances; and
(d) tourist services.
Contents of by-law
3. (1) A by-law passed under this Act may,
(a) establish one or more producer-based markets with preference being given to agri-food producers and art and craft producers;
(b) designate market stands in which activities may be carried out;
(c) establish a contract system authorizing the use of any market stand;
(d) define and regulate different classes of activities which may be based on the percentage of agri-food products, art and craft or refreshments actively and directly produced or created by the person who is applying for the use of the market stand;
(e) prescribe the types of agri-food products, art and craft, refreshments or other activities that may be offered for sale or sold or provided in any market stand, and prohibit or restrict any type, based on their point of origin, the time of year, the percentage actively and directly produced or created by the person who is applying for the use of the market stand or any other criteria established by the council of the Corporation;
(f) restrict a class of activity to owners or occupants of abutting property and provide that the types of goods or refreshments that may be offered for sale or sold in a market stand shall be the same as those offered for sale or sold in the abutting property;
(g) establish selection committees to review applications and renewals for market stands and changes in approval, and approve applications which, in their opinion, meet the criteria established by the council of the Corporation, after giving the applicant an opportunityto be heard, for the types of agri-food products, art and craft, refreshments or other activities set out in the application;
(h) prescribe the types of objects and vehicles permitted in the market stand, which may vary according to the location;
(i) establish design criteria for the objects or vehicles permitted within the market stand, which may vary according to the location;
(j) exempt any activity from all or part of the by-law; and
(k) establish criteria to determine when agri-food products will be declared to be in season on the market; and
(l) prohibit the sale or offering for sale of agri-food products by persons who have not grown them when the same type of agri-food products are declared to be in season.
Stand contracts system
(2) A by-law passed under this Act may,
(a) prescribe conditions for stand contracts which may be different for each class of activity, including the requirement that applicants provide personal information;
(b) establish criteria for assigning stands, which may or may not provide for the assignment of the same stand assigned previously, and which may be based on the length of time a person has been a vendor on the market, the length of time a person has held a stand contract executed by the Corporation, the most regular user of the location, the most recent incumbent at the location or the ownership or occupancy of the abutting property;
(c) designate a person to make the determination as to the assignment of stands;
(d) establish criteria for the renewal or reassignment of stand contracts, including a call for tenders or proposals or a public auction, which may vary by class of activity or location;
(e) establish stand contract fees which may vary by class of activity, time of year, size or location of the stand or type of agri-food products, art and craft, refreshments or other activity;
(f) fix the term of the stand contract which may vary for each stand;
(g) provide for the issuance of identifying markers and signs in connection with the stand and specifying the manner in which they are to be applied or affixed;
(h) prohibit or restrict the transfer of stand contracts which may be different for each class of activity;
(i) regulate the hours of operation permitted under the stand contract, which may vary according to location or to separately regulate the hours of operation of each class or classes of activity;
(j) limit the number of stands that are assigned to a class of activity;
(k) limit the number of stands that one person may hold at any time; and
(l) limit the number of stands that one person may hold in specific locations, which may vary by location.
4. (1) The council of the Corporation or a committee of the council may suspend or revoke a stand contract if any of the terms are not complied with or for any other reason which the by-law may specify.
(2) Before suspending or revoking a stand contract, the council or the committee shall give the holder of the contract an opportunity to be heard.
Refund of fees
(3) If a stand contract is revoked under subsection (1), that part of the fee paid for the stand contract proportionate to the unexpired part of the term for which the stand contract was granted shall be refunded to the stand contract holder.
(4) A municipal official named in the by-law may relocate a holder of a stand contract due to,
(a) the holding of special events;
(b) the construction, maintenance or repair of any highway to which this Act applies;
(c) the installation, maintenance or repair of public utilities and services; or
(d) matters relating to pedestrian, vehicular or public safety.
(5) A relocation under subsection (4) shall not exceed one week from the date of relocation.
5. (1) Any municipal by-law enforcement officer or peace officer authorized by by-law to enforce a by-law passed under this Act who has reason to believe that any object or vehicle is placed, stopped or parked in the markets or in a market stand in contravention of the by-law,
(a) may, upon producing appropriate identification, require that a valid stand contract executed by the Corporation be produced for reasonable inspection; and
(b) if no valid stand contract is produced, may, after informing the person, if any, in charge of the object or vehicle that it is in an area contrary to the by-law and upon giving a receipt for it to that person, cause the object or vehicle to be moved and stored in a suitable place.
(2) Subject to subsections (3) and (4), all costs and charges for the removal, care and storage of any object or vehicle under the by-law are a lien upon it which may be enforced by the Corporation in the manner provided by the Repair and Storage Liens Act.
(3) An object or vehicle removed and stored in accordance with subsection (1) and not claimed by the owner within 60 days is the property of the Corporation and may be sold and the proceeds shall form part of the general funds of the Corporation.
(4) Despite subsection (3), any perishable object is the property of the Corporation upon being moved from the market or market stand in accordance with subsection (1) and may be destroyed or given to a charitable institution.
(5) A municipal by-law enforcement officer authorized by by-law to enforce a by-law passed under this Act may, at all reasonable times and upon producing proper identification, enter and inspect the land, property and buildings of a holder of a stand contract used in the production of the agri-food products to be sold on the markets.
(6) No person shall obstruct or attempt to obstruct a municipal by-law enforcement officer enforcing a by-law passed under this Act.
6. This Act comes into force on the day it receives Royal Assent.
7. The short title of this Act is the City of Ottawa Act, 1996.