Concerning Peddling
CANADA
PROVINCE OF QUEBEC
MUNICIPALITY OF SHAWVILLE
BY-LAW S.Q. 2023-04
CONCERNING PEDDLING
ENFORCEABLE BY THE SURETÉ DU QUÉBEC
WHEREAS under section 85 of the Municipal Powers Act (Q.R.S., chapter C-47, 1), any local municipality may adopt by-laws relating to the general well-being of its population;
WHEREAS the municipality has received a request from the MRC of Pontiac asking that it update its by-laws with respect to criminal matters,
WHEREAS Councillor Julien Gagnon, gave notice of motion at a regular meeting of council held July 11, 2023;
CONSEQUENTLY it is moved by Katie Sharpe, that this by-law repeals and replace all interior By-Laws relating to peddling, as enforceable by the Sureté du Québec.
IT IS ALSO RESOLVED that this by-law be adopted:
“Preamble” SECTION 1 The preamble forms an integral part of this by-law.
The schedules attached to this by-law form an integral part of it.
“Definition” SECTION 2 For purposes of this by-law, the following definition shall apply:
Peddler: Physical person or legal entity having authorized someone who, without being required to do so, solicits another person at its home or place of business in order to sell goods or offer a service, or ask for a donation.
“Permit” SECTION 3 Peddling without a permit is prohibited.
“Cost” SECTION 4 To obtain a peddler’s permit, a person must pay the amount set by the municipality.
“Period” SECTION 5 The permit is valid for the period indicated thereon.
“Transfer” SECTION 6 The permit is not transferable.
“Examination” SECTION 7 The permit must be visibly worn by the peddler and submitted upon request, for examination, to a peace agent of the Sureté du Québec or to any individual designated by Council, when so requested.
“Hours” SECTION 8 Peddling between the hours of 8:00 p.m. and 10:00 a.m. is prohibited.
“Application” SECTION 9 The person responsible for the application of this by-law shall be any official or municipal employee appointed by Council.
The Council also authorizes all peace agents of the Quebec Provincial Police to undertake criminal proceedings against any contravener and to issue statements of violation for any offence to one of the provisions of this by-law.
PENAL PROVISIONS
“Penalty” SECTION 10 Without prejudice to any other possible recourse, whoever contravenes a provision of this by-law is liable to a fine of two hundred and fifty dollars ($ 250) in the case of a natural person, and two hundred dollars ($ 200) in the case of an artificial person, for a first infraction; the fine is two hundred dollars ($ 200) in the case of a natural person, and four hundred dollars ($ 400) in the case of an artificial person, for any repeat offence during the following year; in each case, legal expenses shall be additional.
“Abrogation” SECTION 11 This by-law abrogates all previous municipal by-laws, including By-Law 2011-04 which are incompatible with its provisions.
“Coming into force”
SECTION 12 This by-law shall become effective according to law.
By-Law 2023-04 was adopted by the Municipal Council during a meeting held August 8th, 2023 and signed by the Mayor and the Director General.
__________________________ ____________________________
Bill McCleary Crystal Webb
Mayor Director General
CERTIFICATE OF PUBLICATION
I, the undersigned, residing in Bristol, Québec, do hereby certify under my oath of office, that I have published the public notice relating to By-Law No. S.Q. 2023-04 by posting two copies thereof, at the places designated by the Council between the hours of two and four o’clock in the afternoon on the 11th day of August 2023.
____________________________
Crystal Webb
Director General
