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HomeMy WebLinkAboutCLD-011-10CI~~OII REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3, 2010 Resolution#: G P~'a~a /U By-law#: ~/~fj- Report#: CLD-011-10 File#: CREATION OF BUSINESS REGISTRY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-011-10 be received for information. Submitted by: Reviewed by: ~ ~u^^-~X-=~ 'C.~-' k~ `a ' . B e, CMO Franklin Wu, Municipa Clerk Chief Administrative Officer PLB*LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-011-10 PAGE 2 1.0 BACKGROUND Council has requested that staff investigate the possibility of creating and maintaining a business registry within the Municipality. In 2000 the Municipal Act (the Act) was reorganized and updated and contained the ability for a municipality to license any form of business, trade or calling taking place within the Municipality, as well as the ability to create a Registry for any or all forms of businesses within the Municipality. The Registry was seen as an alternative approach for municipalities who did not wish to strictly regulate the businesses but wished to keep track of businesses operating within their boundaries. The section required the business to register and required the Municipality to keep the Registry up to date. There was aone-time fee for registration and no legislated requirement for the business to keep the information accurate and up to date. There was no health or safety advantage for the consumer as the Registry did not allow for the imposition of any business operating standards. Very few municipalities took advantage of this provision. The City of Barrie did use the Registry system for tracking day care facilities but only maintained it for a couple of years. Prior to 2007, this section of the Act was repealed and the actual licensing provisions were amended and relaxed to allow for a broader range of licensing. Municipalities now have two choices. The first is a voluntary Registry with no enforcement provisions to require businesses to participate. The second option is to impose a strict system of business licensing on all forms of commercial operations within the Municipality. 2.0 COMMENT A survey of other municipalities in the Province was unable to find anyone who had undertaken afull-scale Registry of businesses within their municipality. A voluntary Registry would require businesses within Clarington to register with the municipality. Their information would be collected and maintained by the municipality. This would be on a voluntary basis only and there would be no penalty for a business which fails to register or, for those who do register, to keep their information current. In order for the municipality to maintain such a registry, a fee would be required to offset the cost of implementation. This fee would need to be low enough to encourage businesses to voluntarily register. The Registry could be made available to the general public upon request and through the municipality's web site, therefore businesses would have the benefit of their information potentially reaching a larger number of individuals than their advertising efforts alone would realize. REPORT NO.: CLD-011-10 PAGE 3 The second option would operate in a manner similar to the current trade licencing system in place in Clarington. This requires inspections of the premises or operators annually and carries strict enforcement provisions for licensees who fail to keep their information current. At present Clarington licenses only eight forms of business, ie, Auctioneers, Adult Entertainment Establishments, Body Rub Parlours, Mobile Sign Companies, Peddlers, Refreshment Vehicles, Taxis and Kennels. Staff have met with Sheila Hall, Executive Director of the Clarington Board of Trade (CBOT) to determine whether the Board is interested in the implementation of a Voluntary Registry and to seek their possible participation in the formation of one. Ms. Hall voiced concern that the Registry might be viewed by some members of the CBOT as possible interference by the Municipality in private enterprise and the fees required to support such a Registry would likely be seen as another form of municipal tax on the business community. Given that the registry system cannot include enforcement provisions, it is unlikely that local businesses would participate. In the end it was agreed that the scope of work involved in creating and maintaining a business registry was beyond both the capabilities of the municipality and CBOT and such a Registry would not be viewed favourably by many CBOT members. 3.0 CONCLUSION There is no pressing necessity on the part of the business community for a business registry. Given the effort required and the lack of enforcement ability, neither municipal staff nor the Clarington Board of Trade believe the business registry is required or desired at this time.