HomeMy WebLinkAboutCLD-005-06 Addendum
Unfinished Business
CJg[Jygron
REPORT
CLERK'S DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
May 8, 2006
Report #: Addendum Report to CLD-005-06
File #:
By-law #:
6PA - ,9-nL-7J6
Subject:
Hours of Operation For Gasoline Stations
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the Addendum to Report CLD-005-06 and Report CLD-005-06 be received for
information.
Reviewed bY:O ~ ~0lc
Franklin Wu,
Chief Administrative Officer
PLB*LDC*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
ADDENDUM TO REPORT NO.: CLD-005-06
PAGE 2of3
BACKGROUND
At the regular meeting of the General Purpose and Administration Committee held on
March 6, 2006 the Committee considered Report CLD-005-06 regarding hours of
operation of gasoline stations and referred the matter back to staff for further
consideration. For information purposes, a copy of Report CLD-005-06 is attached hereto
as Attachment NO.1.
ANAL YSIS
At present there are 25 gasoline stations currently operating in Clarington. Of the 25 stations,
12 stations are located near residential areas and 11 stations operate on a 24 hour basis. Like
the proposed redevelopment of the Seaver gasoline station at 114 Liberty Street South,
Sowmanville, 8 of the 24-hour station properties directly abut residential areas. Currently, the
Seaver gasoline station does not operate on a 24-hour a day basis.
Currently, there are no restrictions on hours of operation; any of the 25 gasoline stations could
decide to open for 24-hour service. Concern was raised over the conversion of the Seaver
gasoline station at 114 Liberty Street South to 24-hour operation as a result of its proposed
redevelopment as a Shell Canada station.
Under the Municipal Act, 2001 the Municipality has a very limited power to require the
closure of retail business establishments for part of any day.
Section 148 of the Municipal Act, 2001 states,
'~ local municipality may require that retail business establishments be closed to the
public on all or any days of the week during any time between 6 p.m. of any day and 5
a.m. of the next day."
Section 148 would permit the Municipality to restrict the hours of operation of all retail business
establishments in the Municipality, including gasoline service stations. However, it does not
permit the required closure of only certain types of retail business establishments such as
gasoline stations for part of a day.
The Municipality's solicitor advises that it is not possible in law under Section 148 of the
Municipal Act, 2001 to control the hours of operation only of gasoline stations and not at the
same time control the hours of all retail business establishments in the Municipality on the
same basis. It appears to be neither desirable nor feasible to require all retail business
establishments in the Municipality to close between 6:00 pm of every day and 5:00 am of the
next day throughout each week or part of a week.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
ADDENDUM TO REPORT NO.: CLD-005-06
PAGE 3 of 3
Additionally, the solicitor advises that even if the Municipal Act, 2001 permitted the Municipality
to pass by-laws to control the hours of operation of gasoline stations, it would not be possible
in law to require that only one station be closed for part of each day without specific statutory
authority to do so. Such specific statutory authority to discriminate in this way is not provided
in the Municipal Act, 2001. Consequently, it would not be possible to control the hours of
opening of only one of the 25 gasoline stations in the Municipality.
ATTACHMENT #1 CLD-005-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
Attachment #1
Cl~n
REPORT
CLERK'S DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
March 6, 2006
Report #: CLD-005-06
File #:
By-ljl\V #:
f'J f-/ (i - I~ tp- () b
Subject:
Hours of Operation For Gas Stations
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-005-06 be received for information.
Submitted by:
"-.,
R. db ~ \ ~_~--C~
eVlewe y: ~ .
Franklin Wu,
Chief Administrative Officer
PLS*LDC*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-005-06
PAGE 2 of4
BACKGROUND
At the regular meeting held on October 17, 2005, Committee considered Planning
Report PSD-122-05 for a rezoning of land located at 114 Liberty Street South in
Bowmanville. The property is owned by Shell Canada and operated as a Beaver gas
station. It is Shell Canada's intention to clear and rebuild the existing site and operate
on a 24 hour basis. At the meeting staff were directed to "examine the feasibility of
hours of operations."
A Community Meeting was subsequently called by the Planning Department to
address neighbourhood concerns over the rezoning application. During the
Community Meeting there was much discussion concerning the possible 24 hour
operation of the new gas station. Shell Canada's representatives were clear that the
company's intention is to move all their facilities to 24 hour operation.
ANALYSIS
There are 24 gas stations currently operating in Clarington. Of these, 12 stations are
located adjacent to residential areas and 10 of the 24 are operating on a 24-hour basis.
Like the Beaver gas station, 5 of these 24-hour stations are located directly adjacent to
residential areas. A sixth station, currently under reconstruction at the corner of
Highway 2 and Darlington Boulevard, is believed to be preparing to operate on a 24
hour basis but that has not been confirmed.
For Council's reference, a table showing the location and hours of operation of the
currently operating stations has been attached hereto.
OPTIONS
The Municipal Act allows the local municipality to control hours of operation in two ways.
Section 148 states,
'~ local municipality may require that retail business establishments be closed to
the public on all or any days of the week during any time between 6 p.m. of any
day and 5 a.m. of the next day."
Staff have conferred with the solicitor and he has confirmed that there is no provision in
this section to allow any business within the class to be grandfathered or excluded from
the regulation of the hours of operation. If it is Council's wish to restrict the hours of
operation, the by-law would impact all the current 24 hour operations within the
Municipality, with the only possible exception being the Esso station because it is
located on Highway 401.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-005-06
PAGE 3of4
The second option to control or regulate hours of operation is through section 150 of the
Municipal Act. This is the trade licencing section of the Act which states that a local
municipality may,
"license, regulate and govern any business wholly or partly carried on within the
municipality even if the business is being carried on from a location outside the
municipality. "
The licencing power is limited; the municipality must justify its reasons for licencing a
particular class or group of businesses. The only criteria to be considered are:
1. Health and safety.
2. Nuisance control.
3. Consumer protection.
If the reason for licencing a group of class of business does not fall into one of these
three categories, the by-law would be illegal.
There are no issues of health and safety involved in this matter, nor do staff
contemplate a need for inspections related to health and safety at this time. There are
no consumer protection issues that licencing would be able to address. This leaves
only the category of nuisance control.
Although there were a number of concerns raised over noise and nuisance at the
community meeting, there is no proof of an existing problem for staff to rely on in
making a determination to licence under this category.
In the last fifteen years staff have received only four nuisance related calls involving gas
stations. These were for a misdirected flood light in the yard, a watchdog barking in the
rear of a closed station and two for the delivery of fuel overnight (both of these involved
facilities which were closed at the time of delivery). Shell Canada has indicated that
they will restrict the hours of fuel delivery to daytime hours only.
CONCLUSION
In researching this subject staff were able to find other municipalities which had
regulated gas station hours of operation under the preceeding Municipal Act, before the
requirement existed for justification of the by-law. These by-laws would have expired
shortly after the current Municipal Act came into force. We have been unable to find
any municipalities who have continued to regulate gas station hours of operation since
the current Act came into effect in 2001.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-005-06
PAGE 4 of 4
The Municipal Solicitor has confirmed that the Municipality cannot impose licencing
criteria on the basis of a potential or perceived problem. If the station does rebuild and
open as a 24-hour operation, staff will monitor the situation. If a significant problem
develops that can be attributed to the extended hours of operation, then the Municipality
may move to impose a licencing program to address those issues. This would require
licencing of all gas stations within Clarington.
ATTACHMENT 1 GAS STATION SURVEY
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
co
o
.;,
o
o
6
-J
U
t
8.
Q)
0::
.9
i
c
Q)
E
"5
~
<(
LLZ
oQ
C/)I-
c:r:~
:::>LU
00...
IO
~
~
;;> liJ c:r:
~ S:2 <(
::> > 0...
rJ:J c:r: LU
LUc:r:
Z C/)
o
~
~
<
~
rJ:J
rJ:J
<
C-'
Z
o
~
~
o
o
...J
O...J
I-~
I-~
zz
LULU
00
~C/)
'LU
~c:r:
>-
c:r:
LU
>
:J
LU
o
...J
LU
:::>
LL
I
C/)
~
~
c:r:
~
o
LU
o
Z
LU
Z
LU
>
Z
o
o
LU
o
5
c:r:
LU
C/)
LU
ltl...
-g(/)
c: 0>
ltl c:
o~
e..-
"'0
Q)'<t
0.....-
o
Z
l/l
L-
:J
o
I
'<t
"I
l/l
Q)
';::
ltl
>
o
Z
o
Z
C/)
LU
>-
LL
...J
LU
C/)
LU
u)
0>
c:
8~
0"1
C:O
:J'<t
C/)..-
o
Z
~
:J
o
I
'<t
"I
o
Z
C/)
LU
>-
C/)
LU
>-
LL
...J
LU
C/)
"0
c:r:
ltl c:
"0 0
ltl'"
c: c:
ltl :J
o~
eC")
"'l.O
Q)<o
0.....-
C/)
LU
>-
E
a.
o
~
o
..-
E
ltl
o
C")
LO
l/l
Q)
';::
ltl
>
o
Z
o
Z
C/)
LU
>-
LL
...J
LU
C/)
o
Z
~
.r:.
'<t
"I
l/l
Q)
';::
ltl
>
o
Z
o
Z
C/)
LU
>-
LL
...J
LU
C/)
LU
Ci5Q)
0>;:;
c: l/l
o ,- ~ 0 I
O~3:()"1
...J<OQ)...JI'-
ONZOC;;
C/)
LU
>-
E
a.
0>
I
E
ltl
<0
l/l
Q)
';::
ltl
>
o
Z
o
Z
o
Z
...J
...J
:::>
LL
o
Z
E
a.
I'-
E
ltl
l.O
l/l
Q)
';::
ltl
>
o
Z
o
Z
C/)
LU
>-
...J
...J
:::>
LL
co
C/)
l.O
C")
.....
l.O
..-
..-
LU
"0
c:r:
c:
o
C
:J
ltl
01-
()~
...JC")
0"1
~
o
Z
E
a.
0>
E
ltl
<0
l/l
Q)
';::
ltl
>
l/l
1:
l/l ,Q'l
,!!! Z
L- >.
ro_
> c:
'n;
~
o
Z
o
Z
o
Z
...J
...J
:::>
LL
...J
...J
:::>
LL
"0
c:r:
c:
o
C
:J
o ro
ul-
Ol.O
c:(o
:J(O
C/)"1
(/)
LU
>-
E
a.
0>
E
ro
(0
o
Z
o
Z
C/)
LU
>-
Ci5
€
Q)
L-J:l
Q) ,-
>...J
ro'<t
Q)..-
CO..-
C/)
LU
>-
E
a.
0>
E
ltl
(0
tit
~.
0>
c:
';::
:J >.
"0 ltl
Q)"O
E Q)
,_ .r:.
>....
c:
~
o
Z
o
Z
C/)
LU
>-
...J
...J
:::>
LL
(/)
!
.; ~"i.
..:. 0 M ,
mi.. 6:/"" . "
.. uI.
11ft III ..
-.' -..'tjf"'.-
I. if: .. .'~
.. ..f ,I: . 'h
.. y.... l:lti....,.
. .- U 1:':"
. ,"""I..,; =, ~,.".
I: ..... ,. .' ~^
.2~. ~i:
Go ....., tit....
l!!
::l
o
.c
"<t
N
Ol
.1:
~
Q)
a.
o
-0
c:
III
rJ)
III
Q)
Co
ro
~
Q)
-0
'iji
~
.9
C
2l
III
:c
III
-0
.9l
~
.Q
rJ)
c:
.2
N
rJ)
Q)
rJ)
o
;;
rJ)
Q)
l;:::
'c
Ol
'iji
Ol
c:
'0
III
.c
(/)
i1i
(5
z
to
o
I
It)
o
o
6
-l
U
t::
o
a.
Q)
a::
.9
~
O...J
1-<(
I-i=
zz
ww
UQ
<{-
-,C/)
OW
<{c::
c
Q)
E
.c
o
~
<
u.Z
oQ
C/)I-
et:~
::Jw
00..
I:O
>-
c::
w
>
::i
w
Q
...J
W
::J
u.
)-l
~
> UJ c::
P::: S:2 ~
~ > a.
rJj et: w
~c::
Z
o I:
~ C/)
f-4 <{
-< ~
f-4 c::
rJj <(
U
rJj
-<
~
w
U
Z
W
Z
W
>
Z
o
U
w
U
:>
c::
w
C/)
Z
o
i=
<(
U
o
....J
5"0
+:lC::
Cll <ll
o .2
e-~
o <ll
UC/)
-.c
<ll_
<ll ::J
.c 0
~C/)
.c1.O
4=""
.- 'V
u.C\1
o
Z
00
....
::J
o
I:
'V
C\I
00
<ll
'C
Cll
>
o
z
o
z
C/)
w
>-
U.
....J
W
C/)
~
o
CD
cti
"0
c::
Cll >-
"0_
Cll ....
c: <ll
Cll >
U Cll
~
WI.O
.c1.O
C/)(")
o
Z
~
::J
o
I
'V
N
1:
.t:: ._
II] c: .~;
oo2ro~~~
.<ll ..!!? <ll aJl!.t'.1
C >-.0 :J Q '.,.;
>Cll = c:., '
~ Cll :;r"t , ;
~ (). .
00
=>"5
CD
o
Z
C/)
W
>-
C/)
W
>-
U.
...J
W
C/)
i';,';~:~~~
,".....,..\'t'
, "'."~4
_W".
1; 11::"';;": Cll W
~ ~u)
C>"f fii Cl
W'.~r U .S
-.. :p. .~, o::ll:::
u...ii!l',\",., ....
.!.f_1.O
Q ...~ <ll Ol
.,:-- 'a.. ~
@
~
~ <ll
'C ~
u.-
>-U
C
'10
:E
C/)
W
>-
....J
...J
::J
U.
~
o
CD
o
Z
E
a.
Ol
E
Cll
,...
C/)
W
>-
o
Z
...J
....J
::J
u.
"0 ~
- 0
....JCD
.c
~w
~U5
Cll Cl
U c:
o~
el(")
01.0
el..-
C/)
W
>-
E
a.
Ol
E
Cll
,...
<ll
E
'$,
c:
<(
o
Z
C/)
W
>-
o
Z
.... ~
CllI
E,...
~eo
.:::(")
::J(")
C/)
W
>-
U.
....J
W
C/)
1.0
..-
..-
o
Z
E
a.
o
..-
E
Cll
eo
1:
Cl
'2
"0
'E
>-
.,
00
o
:E
o
Z
o
Z
C/)
W
>-
U.
....J
W
C/)
1.0
(")
II]LO
"0"-
11]"-
ffi~
UI
-Ol
<ll1.O
t5~
C/)
W
>-
E
a.
o
..-
E
Cll
,...
00
<ll
'C
Cll
>
o
Z
o
Z
U.
....J
W
C/)
1.0
(")
--
1.0
..-
..-
~
I
01.0
00 eo
000
Weo
o
Z
E
a.
Ol
E
Cll
,...
00
Cl
c:
'2
....
o
:E
>-
.,
00
o
:E
o
Z
o
Z
C/)
W
>-
~
I
oeo
oocx)
00,...
WCX)
o
Z
E
a.
o
..-
E
Cll
1.0
~
<ll
.~
W
Q
1:
.Ql
z
...J
...J
::J
u.
o
z
o
Z
C/)
W
>-
U.
...J
W
C/)
CD
C/)
1.0
t2
1.0
..-
..-
iii
ui
CD
aJ~..\ ~
i'P"'. c ;:
C.~..,",{, <ll ?-
aJ.,"O :i:
(J. :I: ....~. ffi I
iDe i~
C/)
W
>-
E
a.
CX)
E
Cll
,...
E
a.
..-
..-
E
Cll
eo
>-
Cll
"0
<ll
.s
Cl
c:
'C
:J
Q
00
<ll
'C
Cll
>
00
~
o
Z
o
Z
o
Z
C/)
W
>-
C/)
W
>-
...J
...J
::J
u.
a:i
C/)
1.0
(")
--
1.0
..-
..-
~
CuI:
~;?;
~~
o
Z
f!?
::l
o
.c
'<t
N
Cl
c:
""
~
Q)
a.
o
"0
c:
co
Vl
co
Q)
(ij
~
c
Q)
"0
"en
l!!
.9
C
~
co
'0
co
"0
Q)
~
.Q
Vl
c:
o
S
Vl
Q)
Vl
o
;;
Vl
Q)
q;;:
'c
Cl
"en
Cl
c:
'0
co
.c
en
$
o
z