Bill 5 (Legislature 8, Session 5)

L8 S5 8226

Alberta — Bills

BILL No.5 of 1937 (Third Session').

An Act to amend and consolidate The Licens,ing of Trades and Businesses Act. (Assented to ,1937.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be ci,ted as "The Licensing of Trades and Businesses Act, 1937." 2. The Minister of Trade and Industry (hereinafter in this Act referred to as the "Minister"), shall be charged with the administration of this Ac.t. 3.-

(1) This Act shall apply to all trades, businesses, industries, employments and occupations (hereinafter called "businesses") which are carried on in the Province, except only any such business as is for the time being exempted from the operation of this Act by order of the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may from time to time exempt any trade, business, industry, employment or occupation, from the operation of this Act until further order. 4. The Minister may from time to time, by order,- (

a) designate any business or any description or class of any business as a business or a description or class thereof to which this Act applies, and to ex cept from any business or any description or class of any business so designated any specified class or subclass of any business or any class or subclass of persons engaged or employed therein; (b) (

c) provide for the registration of all persons engaged in or employed in any business or any description or class thereof so designated, and prohibit the carry ing on of that business by any person who is required to be registered and who is not so registered; provide for the licensing of all persons engaged or employed in any business or any description or class thereof so designated and prohibit the carrying on of that business or the engagement in that business by any person who is required to be licensed and who is not so licensed;

2 (

d) provide that any person required to be registered or licensed in respect of any business or any description or class thereof, ~hall be registered or licensed as the case may be, in respect of each addi;bional business or description or class thereof carried on by him and in respect of each separate place at which he carries on such business or such description or class thereof, and prohibit the carrying on by such person of the additional business without being so regis tered or licensed, and prohibit the carrying on of a business or any description or class thereof at any place in respeot whereof such person is not so regis tered or licensed, as the case may be; (

e) prescribe as to the duration of any license, the form of and mode of issuing any license and the renewal thereof; (

f) preseribe the fees payable upon any registration in respect of any business or any descrip,tion or class thereof and the fees payable upon the issue of any license and any renewal thereof, and in so doing may prescribe different fees in respect of different businesses and different descriptions or classes thereof; provided always that the fee paY3!ble on any regis,tration or for any license shall not exceed, in the case of a natural person who acts as the agent or representative of any bDdy corporate the sum of three hundred dQllars; in the case 'Of any 'Other natural perSQn the sum 'Of 'One hundred dQllars and in the case 'Of any cQrporate body the sum 'Of 'One thQusand dQllars. (

g) specify any gQQds, wares, merchandise, articles and things as gQods, merchandise, articles 'Or things which may nDt be SQld, 'Offered for sale, handled, dis tributed, 'Or dealt in by any pers'on licensed under this Act, and prohibit any person SQ licensed frQm selling, offering fQr sale, handling, distributing Dr dealing in any gQQds, wares, merchandise, ar,ticle or thing SQ specified; (

h) make such rules and regulatiQns as tQ the fQrms tQ be used and prQcedure tQ be fQUQwed in relatiQn tQ any of the matters afQresaid. 5.

Every perSQn who is required tQ be registered 'Or tQ be licensed in respect 'Of any business 'Or any descriptiQn or class thereQf pursuant tQ any 'Order 'Of the Minister made pursuant to this Act and who carries 'On Dr engages in such business 'Or such descriptiQn Dr class thereof withQut being SQ regis,tered 'Or licensed as the case may be, shall, if a bQdy CQrpDrate incur a penalty nDt exceeding 'One hundred dQllars fQr every day during which such perSQn carries 'On 'Or engages in such business whi,lst S'Q unregistered or un licensed and if any 'Other perSQn, shall incur a penalty nDt exceeding twenty-five dQllars fQr every day during which such perSQn carries 'On business whilst so unregistered or unlicensed; and all such penalties shall be recQverable by

3 action brought on behalf of the Crown by the Minister in any Court of competent jurisdiction as a debt due to the Crown. 6. Every person who contravenes any of the regulations passed pursuant to this Act, shall be guiUy of an offence and shall be liable on

summary cQnviction, in case the offender is a body corporate t,o a fine of not more than two hundred dollars and costs, and in any other case to a fine of not more than fifty dollars and ~osts, and in default 'Of pay ment to imprisonment for a term of not more than ninety days. 7.

The Minister upon being satisfied that the holder of any license has on m'Ore than one occ8Ision contravened any of the provisi'Ons of this Act or any regulati'Ons passed pur suant to this Act, or of any other Act of the Province, may in his discretion suspend or cancel for such period as he may decide proper any license issued pursuant to this Act 'Or any other Act, and may refuse to issue any license under this Act to any person whose license has been so cancelled. 8.

In any case in which it appears to the Minister that it is ques'tionable whether it is in the public interest that any applicati'On for the issuance or renewal of any license in respect of any business in any l'Ocality should be granted, the Minister may,- (

a) if he is satisfied that it is in the publtic interest so to do, refuse such application; or (

b) refer any such application to any Board constituted pursuant to any Act of the Province for investiga ti'On, and upon any such reference being made to any such Board that Board shall proceed to investi gate and report to the Minister upon the application; and upon the receipt of any such report the Ministe'l' may, if he is satisfied by the report or 'Otherwise that it is in the public interest SQ to do, either grant or refuse to grant the application. 9.

No license shall be issued by any city, town, village or municipality for the carrying on of any business which has been destignated as a business to which this Act applies, unless the applicant is the holder of a subsisting license issued pursuant to this Act in respect of that business. 10. The Licensing of Trades and Businesses Act, being

chapter 67 of the Statutes of Alberta, 1936, is hereby re pealed' provided always that all orders, regulations and rules heret'Ofore made under that Act shall continue good and valid until they are annulled or others are made in their stead in pursuance of this Act. 11. This Act shall come into force on the day upon which it is assented to.

FIFTH SESSION EIGHTH LEGISLATURE 1 GEORGE VI 19~7 (THIRD SESSION) BILL

An Act to amend and consolidate The Licensing of Trades and Businesses Ac.t. Received and read the First time ....................................... . Second time ..................................... . Third time ....................................... . RON. MR. MANNING. EDMONTON: A. Shnitka. King's Printer 1937 Title: 1937 (8th, 5th) Bill 5,

An Act to amend and consolidate The Licensing of Trades and Businesses Act

Document details

Collection	Alberta — Bills
Citation	L8 S5 8226
Type	bill
Volume / chapter	L8 S5 8226
Language	en
Format	json
Source	PROVINCIAL
Identifier	38054812cb0ba652eeb789fcdaa245952be5beef

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