Municipality of Clyde River
By-Law # 81

A By-law of the Municipal Corporation of the Hamlet of Clyde River in the Nunavut Territory to
regulate the control of businesses pursuant to the provisions of the Hamlets Act, R.S.N.W.T.,
1988, c. H-1, s.109 to 112. as amended by S. Nu. 2003,c.3.

Whereas the Hamlet feels it is necessary to license, regulate and control businesses that
carry on business activities within the municipal boundaries.

Now, Therefore; The Council of the Hamlet of Clyde River, at a duly assembled meeting,
enacts as follows:

Short Title

1. This by-law may be cited as the “Business Licence By-Law”.

Interpretation
2. In this by-law;

“Resident Business”
means any corporation, partnership, sole proprietorship, joint- venture or
society engaged in any professions, trades, selling or trading, and
commercial or manufacturing undertakings of any kind that has a
majority of ownership or shareholders or any combination of residing
within the municipal boundaries;

“Non-resident Business”  
means any business (as described above) that has a majority of
ownership or shareholders or any combination of residing outside the
municipal boundaries;

“Council”
means the Council of the Municipality of Clyde River, NU.;

“Licence”
means a subsisting license issued under this by-law;

“SAO”
shall mean the Senior Administrative Officer of the Hamlet;

“Municipality”
means the geographic area of jurisdiction of the Hamlet;

General Provisions

3. Before a license is issued proof of compliance with the Workers’ Safety and Compensation
Commission will be required.

4. No person shall carry on, within the municipality, any business unless a license has been
issued by the council for that business.

5. A license issued under this by-law is not transferable.

6. Where a license holder changes his business name or address, the license may be
amended to reflect such terms as the SAO may require under this by-law.

7. Every license shall have an effective date from the date of issue or renewal until the 31st
day of March next following or until revoked, whichever is sooner.

8. Every license shall be displayed in a conspicuous place at the chief place of business for
which it was issued.

9. Every license shall, at all reasonable times, be produced upon request of the SAO or of
any person authorised in that behalf by the Council or SAO.

Applications

10. Any application for license under this by-law shall be made to the SAO using the Business
Licence Application Form, as amended from time to time, enclosing a certificate of
compliance with the Workers Compensation Board and tendering the fee prescribed in
Schedule 1.

11. For preference as a resident business the application must also include proof that a
majority of ownership or shareholders have resided in the municipality for the previous six
months prior to the application date. A copy of a Nunavut driver’s license or Health Care
Card may be accepted as proof, but other documentation may be required including
incorporation documents or shareholders agreements.

12.All businesses must fill out any forms required by the Hamlet to identify by what means
their Municipal Services, (garbage, water/sewage, snow removal, etc.) will be handled,
accepting the rates set out for that class of service by the Hamlet and identifying the
address and contact person responsible for payment of all invoices to the Hamlet. This
will be done in advance of any application being approved.

Issuance

13. Upon being satisfied that an application is in compliance with this by-law and the
applicant is entitled to the license applied for, the SAO shall issue the license using
wording in Form A, Schedule 1 which shall be signed by the SAO under Seal of the
Hamlet.

14. No license shall be issued under this by-law in respect to a business involved in the sale
of food or drink, or where food is handled or stored, unless the applicant has a certificate
conformation from an authorized Health Officer.

15. No license shall be issued under this by-law in respect to a hotel or motel unless
certification as a tourist establishment has been received prior to application.

16. A license for a bed and breakfast will not be subject to the conditions in Fifteen(14)
above.
Refunds

17. Except as ordered by Council, no money paid for a business license shall be refunded to
any business that’s license has been revoked or surrendered while still current.

Renewal

18.A renewal of a license may be issued without application, upon payment of the prescribed
fee and provision of the receipt to the SAO.

19.The SAO may require an applicant for renewal of a license to make an application in
accordance with this by-law where, in the opinion of the SAO, circumstances have
changed from the original license being issued.

Revocation

20. The SAO may revoke a license issued under this by-law where the SAO is satisfied that:
a) the license was issued or renewed in error.
b) the license, or licensee has violated the provisions of a by-law enacted by the
Council or a Statute of the Government of the Nunavut or a Statute of the
Government of Canada.
c) the licensee, when licensed was a resident of the municipality, has ceased to be a
resident.
d) the licensee is in debt to the Hamlet and has been in arrears for a period of three
months (90 days) or more.
Appeal

21.Any business aggrieved by revocation, refusal or failure to issue or renew a license may
appeal in writing to Council with a copy being served in person upon the SAO stating the
matter complained of, the grounds of appeal, and the relief sought.

22.The council shall hear and determine an appeal made under section 21 at such time and
place as the Council may decide and following such a hearing may order the SAO to :
a) issue a license upon such time as the Council shall specify;
b) renew or re-instate a license that has expired or has been revoked;
c) refuse to issue or renew a license;
d) approve the license revocation.

23. Pending the result of an appeal made under section 21, the Council may order the SAO to
issue a temporary license.

24.Any order made by Council under section 22 shall be binding upon the SAO and the
business appealing.

Offence

25. Every business that contravenes this by-law is guilty of an offence and liable to a fine of
one hundred dollars ($100.00) for each day in violation.

26. By-law # 3 is hereby repealed.
Read a First Time this 6th day of March 2008.

Read a Second Time this 6th day of March 2008.

Read a Third Time and Finally Passed This 19th Day of March 2008

ALL RESIDENT BUSINESS each distinct business type $100.00

ALL NON-RESIDENT BUSINESS each distinct business type $250.00