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Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2019
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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I operate a mobile food truck and am a fully licensed,

Customer Question

I operate a mobile food truck and am a fully licensed, insured, and registered legal entity in the province of Manitoba. I collect and remit RST and GST. I have run into a situation where certain municipalities claim that they do not allow food trucks to operate within their borders in order to "protect" existing bricks and mortar businesses that pay tax to the municipality.
I do not believe this is legal. As a Manitoba resident, and a licensed and registered business entity, I do not see how any municipality has the authority to bar me from doing business in their region simply because they have similar businesses they would like to favor. To me, this flies in the face of capitalism, free enterprise and fair competition. So are Manitoba municipalities legally able to bar a business from practicing based on a specific category?
I would sincerely ***** ***** insight on this matter.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Copperlaw replied 2 years ago.

Good evening, I would be happy to assist you with this question.

Municipalities can dictate the operation of businesses to an extent. For instance, a business cannot simply open up shop anywhere they like, even bricks and mortar businesses. They control this through zoning by-laws. Likewise, they have the ability to control, restrict or prohibit the operation of mobile food trucks or stands, street vendors, or any other such business on their streets. They get their authority from Provincial legislation and their by-laws.

This is a hot topic in countless jurisdictions throughout Canada, in all Provinces. It is however slowly changing and many cities that previously didn't allow food trucks are now permitting them under their by-laws and allowing them to operate. This is in response to public demand and the increasing trend in mobile food establishments. Part of the issue is the control of health and safety and the monitoring of same amongst the food trucks. Where the city health inspectors can enter a bricks and mortar restaurant, it gets more complicated for them to monitor and inspect mobile establishments, particularly if they operate in multiple jurisdictions. This is something that takes time to get the municipalities to change and for them to draft the by-laws and procedures.

But at the end of the day, it is legal under Provincial and Municipal legislation for cities to restrict or control such businesses on their city streets.

I know this wasn't the information you were hoping for, however it is the present state of the law in Canada, regardless of the province or the city.

I look forward to hearing back from you so that I may ensure that you get all of the information you require and I am happy to continue chatting.

Also, please take a moment to leave me a positive rating.


Expert:  Copperlaw replied 2 years ago.

I see that you were back in and viewed my response, however I see no reply from you. Please let me know if you require anything else as I am happy to chat further.



Expert:  Copperlaw replied 2 years ago.

Hi, I see that you were again back in and viewed my post however you have not responded at all. I would really appreciate it if you would take a moment to provide even a brief response, given that I took the time, in good faith, to come in here to help you with your question. Please let me know if you have what you need or if you need anything else.

If there is nothing else, I'd like to be able to close this question so that it is no longer shows open for me.