HomeMy WebLinkAboutBy-law 7920/22The Corporation of the City of Pickering
Being a By-law to assign certain functions, duties and
authorities to the Director, City Development, or designate.
Whereas Subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
(“Municipal Act”), provides that the powers of a municipality under any Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate, and to enhance the
municipality’s ability to respond to municipal issues;
Whereas Section 9 of the Municipal Act provides that a municipality has the capacity,
rights, powers and privileges of a natural person for the purpose of exercising its
authority under the Municipal Act or any other Act;
Whereas Sections 23.1 and 23.2 of the Municipal Act authorize a municipality to
delegate its powers and duties under the Municipal Act, subject to certain restrictions, to
an individual who is an officer, employee or agent of the municipality;
Whereas Section 227 of the Municipal Act provides that it is the role of officers and
employees of the municipality to implement decisions of the council of a municipality
and establish practices and procedures to implement those decisions;
Whereas Section 39 of the Planning Act, provides that the council of a local municipality
may, in a by-law passed under Section 34, authorize the temporary use of land,
buildings or structures for any purpose set out therein that is otherwise prohibited by the
by-law;
Whereas Provincial orders governing the operation of restaurants and bars were lifted
on March 21, 2022, permitting full interior occupancy under no restrictions as put in
place through the Emergency Management and Civil Protection Act and the provincial
Framework for Re-opening the Province;
Whereas, the Alcohol & Gaming Commission of Ontario (AGCO) Registrar has
extended their policy to allow for the temporary physical extension of premises (i.e.
patios), until January 1, 2023 at 3:00 am;
Whereas, City of Pickering By-law 7769/20, as amended, ceased to be in force on
March 21, 2022, with the lifting of Provincial Emergency Orders related to the operation
of interior restaurant space;
And, Whereas it continues to be the desire of Council to support the restoration of the
local economy and the provincial Framework for Re-opening the Province, and to
support the focus of opening more businesses, public spaces and services and enabling
more people to return to work;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
By-law No. 7920/22
By-law No. 7920/22 Page 2
Part 1 – Definitions
For the purposes of this By-law:
“Act” means the Ontario Planning Act, R.S.O. 1990, c. P.13, as amended;
“City” means The Corporation of the City of Pickering;
“Director” means the person who holds the position of Director, City Development or
any successor thereto for the City, or their designate;
“Council” means the elected Council of the City of Pickering;
“Information” means any information requested by the Director, or designate, and
includes, plans, reports or any other documentation requested;
“Owner” means the person registered on title in the proper land registry office as owner
of the Property;
“Property” means real property and includes all buildings and structures thereon and
includes a cultural heritage landscape;
“Temporary Patio” means a designated outdoor area, temporarily created for the
purpose of serving food and beverage, during the municipal declaration of a State of
Emergency, related to the COVID-19 pandemic, the Province of Ontario “Framework for
Re-opening our Province”, and the Ontario Roadmap Exit Step.
Part 2 – Request for Review of a Temporary Patio
1.A food and beverage provider wishing to determine whether the City has an
objection to the creation of new or expanded temporary patio space, shall submit
an application for a Request for Review for Temporary Patio, on a form
prescribed by the Director, and accompanied by the information required therein.
2.As of the date of passing of this by-law, all food and beverage providers
requesting approval to establish a temporary patio, including those who have
been previously approved by the City to establish a temporary patio, must submit
a new application for a Request for Review of a Temporary Patio.
Part 3 – Nature and Scope of Delegation
1.Council hereby delegates to the Director, all power and authority to:
a)Waive the usual Planning Act requirements and processes for the review
of zoning and site plan compliance specific to, and relating only to, the
establishment of temporary patio spaces, while operating under provincial
emergency orders and any local health and safety regulations related to
the COVID-19 pandemic;
b)Direct staff to reinstate the process for the review and response to
requests for the temporary establishment of new or expanded restaurant
By-law No. 7920/22 Page 3
patios, for all bar and restaurant operators, whether or not liquor is sold
under a valid provincial licence;
c)The authority delegated to the Director, may be assigned from time to
time, by said Director, to designated staff, in order to facilitate timely
review and processing of an application.
2.The Director is authorized to undertake all acts necessary to carry out the
authority vested in the Director pursuant to this By-law, including affixing their
signature as required to all documents, where required.
3.Any and all decisions made by the Director regarding Requests to Review for
Temporary Patio, shall be recorded and retained on file for future reference and
reporting as necessary.
4.The Director may request such information as required from the Request to
Review for Temporary Patio.
5.Council retains the authority to request information that it considers necessary
that may not have been requested by the Director.
6.The Director has all of the powers that Council has to process a Request to
Review for Temporary Patio, including the waiving of the requirement to review
for Zoning or Site Plan compliance, in accordance with the terms of this By-law and
to establish any policies, guidelines, practices or procedures necessary to enact
the Request to Review for Temporary Patio process, in accordance with the
terms and intent of this By-law and any decision made by Council pursuant of
this By-law.
7.The review of applications will have regard for:
a)the receipt and sufficiency of all information and documentation related to
the City’s request form;
b)compliance with the Ontario Fire Code;
c)compliance with the Ontario Building Code including the identification of
potential requirements for construction related to compliance under the
Ontario Building Code, and referral to the Building Services Department
for permit approvals when warranted;
d)compliance with all applicable municipal law;
e)the determination of whether the City of Pickering has any basis to object
to the proposed Temporary Patio, based on the established process to
review requests for a Temporary Patio, as approved by the Director, City
Development;
f)the timely resolution of any matters relating to the expediting of Requests
to Review for Temporary Patios, in consultation with the Director.
By-law No. 7920/22 Page 4
8.In situations that require emergency repair and/or are considered to be a health
and safety issue by the Chief Building Official or the Fire Chief, the Director, or
designate, may direct the operator of the temporary patio to immediately rectify
matters of health and safety. Where these issues are not immediately rectified,
the Director may issue an order for the closure of the temporary patio, until such
time as the matters of health and safety are rectified. However, in doing so, the
Director and staff will make the best effort to consult with the restaurant operator
with the intent of resolving any health and safety issues prior to the ordering of
closure.
9.This By-law will be effective until January 1, 2023 at 3:00 am, in line with the
Notice released by the Alcohol & Gaming Commission of Ontario (AGCO) on
November 29, 2021, indicating an extension to their amendment to Regulation
719 under the Liquor Licence Act (LLA), providing for the temporary extension of
the physical size of existing licensed patios or to temporarily add a new licensed
patio within the AGCO approved period.
10.By-laws 7769/20 and 7796/20 are hereby repealed and replaced by By-law
7918/22.
By-law passed this 28th day of March, 2022.
__________________________________
David Ryan, Mayor
___________________________________
Susan Cassel, City Clerk
Original Signed By
Original Signed By