Interpretation

1   (1) The Interpretation Bylaw applies to this bylaw.

(2) The invalidity or unenforceability of any provision of this bylaw must not affect the validity or enforceability of any other provisions of this bylaw, and any such invalid or unenforceable provision is severable.

(3) This bylaw prevails to the extent of an inconsistency between this bylaw and any other bylaw of a participating municipality relating to business licensing.

(4) Nothing in this bylaw affects the authority of a participating municipality to

(a) suspend or cancel a municipal business licence,

(b) regulate in accordance with section 15 Licensing and standards authority of the Community Charter.

Definitions

2   In this bylaw:

"business" has the same meaning as in the Community Charter.

"intermunicipal business licence" means a business licence that authorizes a mobile business to be carried on within the jurisdictional boundaries of a participating municipality.

"mobile business" includes

(a) a trades contractor,

(b) a construction industry professional, and

(c) a contractor who performs maintenance and repair services in respect of lands and buildings other than where the contractor ordinarily carries on business.

"municipal business licence" means a business licence issued by a participating municipality but excludes an intermunicipal business licence.

"participating municipality" includes the following municipalities:

(a) City of Abbotsford;

(b) City of Chilliwack;

(c) City of Delta;

(d) Village of Harrison Hot Springs;

(e) District of Hope;

(f) District of Kent;

(g) City of Langley;

(h) Township of Langley;

(i) City of Maple Ridge;

(j) Repealed

(B/L 3481-2023)

(k) District of Mission;

(l) City of Pitt Meadows;

(m) City of Surrey.

"premises" means a fixed or permanent location where a person ordinarily carries on business.

"principal municipality" means, in respect of a mobile business:

(a) a participating municipality in which the mobile business is located or maintains premises.

Intermunicipal business licence scheme established

3   An intermunicipal scheme within the meaning of section 14 of the Community Charter Intermunicipal service, regulatory and other schemes is established on terms set out in this bylaw.

Mobile business must obtain business licence

4   A person must not carry on a mobile business within the City without

(a) a valid and subsisting licence issued to the person under the Business Licence Bylaw, or

(b) an intermunicipal business licence.

Authority to issue intermunicipal business licence

5   A principal municipality may, upon application, issue an intermunicipal business licence to a person carrying on a mobile business that meets the requirements of

(a) this bylaw, and

(b) the business licencing bylaws of the principal municipality.

Licensing fee

6   (1) The following annual fees for an intermunicipal business licence are payable to each principal municipality in which a carries on business:

(a) for a mobile business with premises within a participating municipality, $250;

(2) The annual fees set out in subsection (1) must not be pro-rated.

Term of intermunicipal business licence

7   (1) The term of every intermunicipal business licence issued by a principal municipality under the intermunicipal scheme established by this bylaw is the same term that would apply to a municipal business licence issued by the principal municipality for a mobile business.

(2) An intermunicipal business licence is valid within the jurisdictional boundaries of each participating municipality during the term described in subsection (1).

Obligation to comply with municipal business licence requirements

8   A person to whom an intermunicipal business licence is issued must comply with the bylaws of each participating municipality in which the person carries on a mobile business.

Suspension of licence

9   (1) Any participating municipality may suspend an intermunicipal business licence for conduct within the participating municipality if the conduct would otherwise give rise to a suspension in accordance with the Community Charter or the business licensing bylaws of the participating municipality.

(2) A person must not carry on the business authorized by an intermunicipal business licence within any participating municipality while the intermunicipal business licence is suspended under this section.

Cancellation of licence

10   (1) The council of a participating municipality may, by resolution setting out reasonable cause for cancelling an intermunicipal business licence in accordance with section 15 (1) (e) or section 60 (2) of the Community Charter, request that a principal municipality consider cancelling an intermunicipal business licence issued by the principal municipality.

(2) A principal municipality must consider whether to cancel an intermunicipal business licence as soon as reasonably possible after receiving a request to consider cancelling the intermunicipal business licence under subsection (1).

(3) For the purposes of this section, a principal municipality must consider any conduct alleged in a resolution under subsection (1) to have arisen in the jurisdictional boundaries of the principal municipality.

Reconsideration and appeal

11   A principal municipality has exclusive jurisdiction among participating municipalities to conduct a reconsideration or appeal of a suspension or cancellation of an intermunicipal business licence.

Revenue sharing

12   (1) A principal municipality that issues an intermunicipal business licence is entitled to retain 90% of the licence fees collected under section 7 (1) (a).

(2) Each participating municipality, other than the principal municipality referred to in subsection (1), is entitled to an equal portion of

(a) the remaining 10% of the licence fees collected under section 7 (1) (a).

(3) Revenue distributions required under this section must be made by February 28 of the year after the year in which the fees were collected.

(4) The revenue sharing formula set out must be reviewed periodically by the participating municipalities.

Information sharing

13   Each participating municipality must provide information concerning the intermunicipal business licences it issues by way of a regularly updated shared database available to all participating municipalities.

Repeal

14   The Intermunicipal Business Licence Bylaw, 2012 is repealed.

Commencement

15   This bylaw shall come into effect January 1, 2020.