Business Licence Act

Consolidated act

Citation: R.S.N.W.T. 1988, c.B-4
Source: Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.4 amended by Workers’ Compensation Act
s.7 amended by Workers’ Compensation Act

Cites

Cited by

Contents

1. Definitions of "business" 2. Application 3. Prohibition 4. Registration and issue of licences 5. Duration of registration and licence 6. Bond 7. Application for registration or licence 8. Fee 9. Transfer of registration or licence 10. Production of licence 11. Carrying on business with- out registration 12. Regulations

Regulations

Business Licence and Registration Fees Regulations Business Licence Fire Regulations Food Establishment Business Licence Regulations Housing Association Exemption Regulations Municipal Business Exemption Regulations Remote Lodge Exemption Regulations

INTERPRETATION

Definitions of "business"

In this Act, "business" includes a profession, trade, manufacture or undertaking and includes an adventure or concern in the nature of trade but does not include an office or employment.

APPLICATION

Application

(1) Subject to subsections (2) and (3), this Act applies to all businesses that are carried on in the Territories.

Exceptions

(2) This Act does not apply to

(a) a business that is licensed under another Act, except a business licensed under the Wildlife Act;

(b) the occupation of farmers, ranchers, trappers, farm labourers, domestic servants or unskilled labourers;

(d) the business of renting motor vehicles in a municipality;

(e) a business carried on by a person in the course of exercising his or her rights under a permit, licence or lease issued under an Act of Canada governing the administration of lands in the Territories belonging to the Crown;

(f) a business that is exempted from this Act under subsection (3); and

(g) the business of publishing and distributing a newspaper or a magazine.

Exemption

(3) The Commissioner may, by order or regulation, exempt a business from the operation of this Act.

Compliance with other Acts

(4) Nothing in this Act relieves a person from an obligation to obtain a licence, permit or certificate under or from complying with another Act.

REGISTRATION AND LICENCES

Prohibition

No person shall carry on a business unless he or she is registered or holds a licence issued under this Act and the regulations.

Registration and issue of licences

(1) The Commissioner or a person authorized by the Commissioner may make registrations and issue licences under this Act and the regulations.

Refusal

(2) The Commissioner may, in the discretion of the Commissioner, refuse to register or issue a licence to a person who is required by the Workers’ Compensation Act to maintain insurance for the protection of his or her workers where the person fails to produce satisfactory evidence showing that he or she has complied with the Workers’ Compensation Act.

Suspension or cancellation

(3) The Commissioner may suspend or cancel a registration or licence or renewal of a licence or may refuse the application of an applicant whose registration, licence or renewal of a licence has been cancelled

(a) where the person is required by the Workers’ Compensation Act to maintain insurance for the protection of his or her workers and has failed to comply with that Act; or

(b) on any grounds that the Commissioner considers sufficient.

S.N.W.T. 2007,c.21,Sch.,s.1(2).

Duration of registration and licence

Every registration, licence or renewal of a licence is valid from the date of issue to March 31 following the date of issue, unless it is expressly granted for a shorter period.

Bond

(1) The Commissioner may, by regulation or otherwise, require an applicant for registration or a licence or renewal of a licence to give the Commissioner a bond conditioned on compliance with this Act, the regulations and the terms of the bond, before the applicant may be registered or issued a licence or a renewal of a licence.

Amount and terms of bond

(2) The Commissioner may fix the amount and the terms of a bond.

Acceptance and default

(3) The Commissioner may accept a bond and determine the manner of dealing with a bond or the proceeds of a bond in case of default.

Application for registration or licence

An application for registration, a licence or the transfer of a licence or registration must be in writing and state

(a) the name, occupation and address of the applicant;

(b) the nature of the registration or licence applied for;

(d) where the applicant employs a worker, the arrangements made by the applicant to comply with the Workers’ Compensation Act, or the reasons for not making those arrangements.

S.N.W.T. 2007,c.21,Sch.,s.1(3).

Fee

(1) An application for registration or for a licence must be accompanied by the prescribed fee.

Multiple establishments

(2) Where an applicant carries on a business at two or more establishments, the prescribed fee is payable in respect of each establishment.

Transfer of registration or licence

A person who wishes to transfer a registration or licence shall apply to the Commissioner in writing and provide, in addition to the information required by section 7, information that is necessarily incidental to the application.

Production of licence

10.

A person who holds a licence shall produce his or her licence when required to do so by the Commissioner, a person named by the Commissioner or a judge, justice of the peace or peace officer.

OFFENCES AND PUNISHMENT

Carrying on business with- out registration

11.

(1) Every person who contravenes section 3 is guilty of an offence and liable on summary conviction,

(a) if an individual, to a fine not exceeding $25 for each day that the individual carries on business in contravention of section 3; and

(b) if a corporation, to a fine not exceeding $100 for each day that the corporation carries on business in contravention of section 3.

General offence and punishment

(2) Every person who contravenes a provision of this Act or the regulations for which no specific punishment is provided, is guilty of an offence and liable on summary conviction,

(a) if an individual, to a fine not exceeding $50 and, in default of payment, to imprisonment for a term not exceeding 90 days; and

(b) if a corporation, to a fine not exceeding $200.

REGULATIONS

Regulations

12.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) respecting matters not otherwise provided for in this Act in connection with the registration of persons carrying on, engaged in or employed in a business;

(b) respecting matters not otherwise provided for in this Act in connection with the licensing of persons carrying on, engaged in or employed in a business;

(c) prescribing the duration of licences, the form and method of issuing licences and renewals of licences and the information that must accompany applications for licences and renewals of licences;

(d) prescribing standards as to the nature and condition of the premises that an applicant for registration or for a licence is to occupy in carrying on his or her business;

(e) prescribing equipment and facilities for the proper accommodation of the public required to be provided by an applicant for registration or for a licence;

(f) prescribing the fees for a licence or renewal of a licence issued under this Act and a registration applied for or made under this Act;

(g) prescribing the proof as to the character of an applicant to be submitted with an application for registration or a licence;

(h) declaring that compliance with any regulation is required before a registration may be made or a licence issued or renewed;

(i) prohibiting anything in the conduct, management or operation of a business that the Commissioner considers is not in the public interest;

(j) exempting a business from the operation of this Act; and

(k) for carrying out the purposes and provisions of this Act.