Motion - Vice-Chair D. Hill - Amendment to By-law 2002-189, as amended, with respect to licensing and regulation of hardscaping contractors
ACS File No. ACS2026-OCC-CCS-0046
WHEREAS Council enacted By-law 2025-415 to amend By-law No. 2002-189, as amended, with respect to the licensing and regulation of hardscaping contractors on November 12, 2025; and
WHEREAS the intent of the hardscaping licensing framework is to establish a more permissive standard for homeowners, enhance public awareness of permitted work under City by-laws, and to provide City staff with clearer tools to address non-compliance; and
WHEREAS certain businesses are seeking additional clarity regarding the requirements set out in the by-law; and
WHEREAS individuals perform minor repair or alteration work are not required to obtain a Hardscaping Contractor license, including individuals under the age of 18; and
WHEREAS the by-law currently requires hardscaping contractors to display ensure that each vehicle used for the hardscaping business has a sign attached or painted on both sides showing the name and telephone number of the business in 15cm characters, consistent with requirements the vehicles for some other categories of licensed businesses; and
WHEREAS vehicles used in the operation of a hardscaping business are mostly stationary or remain on-site for extended periods, unlike vehicles used in other categories of licensed businesses; and
WHEREAS amending the by-law to avoid the uncertainty highlighted by some small business owners can avoid unnecessary burdens and costs for both businesses and homeowners; and
WHEREAS Council’s priority continues to be fostering a diverse economy and supporting small businesses;
BE IT THEREFORE RESOLVED THAT By-law 2002-189, as amended by by-law 2025, is amended as follows and that the City’s website be updated to reflect this motion:
1. The definition of “hardscaping contractor” in Section 1 of the by-law shall be repealed and replaced with the following:
"hardscaping contractor” means a person who is engaged in the business of (a) installing, altering or paving hard landscaping features on private property, such as driveways and parking areas, concrete pads, gravel areas, retaining walls, steps, walkways and pathways, and patios, where such landscaping features are made of asphalt, concrete, interlock, pavers, flagstone, brick or similar materials, including altering or paving any portion of the highway as part of hardscaping work occurring on adjacent private property, but does not include:
(i) the sealing or re-sealing only of driveways or parking areas; (ii) the installation or alteration of pools, decks and fences;(iii) the temporary removal and reinstatement of hard landscaping features as part of another lawful construction, repair, or installation activity, provided the work is incidental to that activity and not offered as a standalone service; or(iv) performing minor repairs or minor alterations.
2. Section 4(1)c) of Schedule 36 of the by-law shall be repealed and replaced with the following:
has provided the address and contact information for the applicant or an agent of the applicant
a. to which the City may send a notice, documentation, or communication that may be required under this by-law, andb. at which the applicant or the applicant’s agent will accept receipt of any notice, documentation, or communication during regular business hours;
3. Section 9 of Schedule 36 of the by-law shall be repealed and replaced with the following:
Every licensee shall ensure that each vehicle used for the hardscaping business has a sign attached or painted on both sides showing the name and contact information of the business in a clear and legible manner.