HomeMy WebLinkAboutBy-law 7769/20The Corporation of the City of Pickering
By-law No. 7769/20
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. R.S.O. 1990, c. P.13, s. 39 (1);
Whereas, in response to the COVID-19 pandemic, the Provincial Government declared
an Emergency in accordance with the Emergency Management and Civil Protection
Act, which ordered the temporary closure of all bars and restaurants, except to the
extent that such facilities provide takeout food and delivery;
Whereas the Provincial Government introduced a. Framework for Re -opening the
Province, which, where permissible, enables bars and restaurants to open for dining in
outdoor areas only, such as patios, curbside, parking lots and adjacent premises;
Whereas on June 8, 2020, the Alcohol & Gaming Commission of Ontario (AGCO)
announced temporary measures to allow liquor sales licensees to increase the size of
their patios or add a new patio once they are again permitted to welcome patrons on-
site and provided there are no objections from the municipality;
And whereas, it is 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, while having regard for public health measures and workplace safety
guidelines;
13y -taw No.' 7769/20 Page 2:
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as.
follows: -
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 from time to
time;
"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 designate;
"Council" means the elected Council of the City;
"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, duringthe municipal declaration of a State of
Emergency, related to the COVID-19 pandemic, the Province of Ontario criteria for
Stage 2 re -opening of businesses as detailed in the Province of Ontario, "Framework
for Re -opening our Province".
Part 2 — Request for Review of a Temporary Patio
1. A food and beverage provider wishing to determine whether the City of Pickering
has an objection to the creation of new or expanded temporary patio space,
shall submit an application for a Request for Review of a Temporary Patio, on a
form prescribed by the Director, or designate, and accompanied by the
information required therein.
Part 3 — Nature and Scope of Delegation
.1. Council hereby delegates to the Director, or his/her designate, all power and
authority to:
a) Waive the usual Planning Act requirements and processes for the review
of zoning compliance specific to, and relating only to, the establishment of
temporary patio spaces, while operating under provincial emergency
orders and local health and safety regulations related to the COVID-19
pandemic;
By-law No. 7769/20 Page:3'
b) Direct staff to establish a process for the review and response to requests
for the temporary establishment of new or expanded restaurant 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, City Development, may be
assigned from time to time, by the 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 his/her
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 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) the identification of potential requirements for construction related to
compliance under the Ontario Building Code, and referral to the Building
Services Section when warranted;
d) 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;
e) 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. 7769/20- Page 4
8. In situations which 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, 2021 at 3:00 am, in line with the
Notice released by the Alcohol & Gaming Commission of Ontario (AGCO) on
June 8, 2020, indicating 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, or until Provincial restrictions on the operation of interior
restaurant space are lifted.
By-law passed this 29th day of June, 2020.
n
e, Deputy Mayor
Cassel, City Clerk