TREB is taking action to ensure that REALTORS® are not being subjected to municipal licensing by-laws. These efforts benefit all TREB Members across the Greater Toronto Area.
Background
Recently, the Town of Bradford West Gwillimbury enacted a new licensing by-law that regulates “hawkers and peddlers”, which requires door-to-door salespeople, including those offering services, to be licensed by the municipality, pay a licensing fee, undergo police checks, and carry Town-issued photo identification cards.
TREB Action
TREB was advised of this action by REALTORS® doing business in this area and the resulting confusion as to whether they have to comply.
We have taken action to protect REALTORS®, who choose “door-to-door” as a marketing option, from the requirements of this by-law. In this regard, TREB has received a legal opinion that indicates that brokers, salespersons, or brokerages registered under the Real Estate and Business Brokers Act, 2002 who are operating in Bradford West Gwillimbury are exempt from the above-noted licensing requirements, because municipalities are prohibited by regulations under the Municipal Act, 2001, to impose a business licensing by-law on individuals registered as a broker, salesperson, or brokerage under REBBA, 2002.
TREB has advised the Town of Bradford West Gwillimbury of this legal opinion and is awaiting a response from the Town regarding its position in this regard.
View TREB Letter.
Important for All TREB Members
As many municipalities across the Greater Toronto Area regulate “hawkers and peddlers” through licensing by-laws, this legal opinion and action with regard to Bradford West Gwillimbury establishes important precedents that help to protect all TREB Members.