Winnipeg By-law 1481/77, s. 4.12.07(a) — Streets By-law

require that the applicant or, if appropriate, an employee of the applicant complete a written or verbal examination;

• (b) rely on observations and reports of the applicant’s past work;
• (c) issue a probationary licence to the applicant, and subject the work of

a probationary contractor to a specific inspection regime. CONSEQUENCES OF NON-COMPLIANCE 4.12.08(1)

Where a licensed contractor fails to call for an inspection in compliance with subsection 4.12.05, or fails to comply with the Standard Construction Specifications, the Street Cuts Manual or the requirements of the Manual of Temporary Traffic Control, or otherwise fails to comply with this or another By-law, the Director may

• (a) require that the contractor and, if appropriate, the contractor’s employees complete a written or verbal examination concerning the contents of:
• (i) this By-law and other applicable by-laws;
• (ii) the Standard Construction Specifications; By-law No. 1481/77 27
• (iii) the Street Cuts Manual; and/or
• (iv) the Manual of Temporary Traffic Control;
• (b) substitute the contractor’s licence with a probationary licence;
• (c) impose conditions upon the contractor’s licence;
• (d) subject the contractor to a specific inspection regime;
• (e) suspend the contractor’s licence for a period of less than 12 months;
• (f) revoke the contractor’s licence;
• (g) refuse to renew the contractor’s licence. 4.12.08(2) Before acting under subsection (1), the Director must give the contractor a reasonable opportunity to be heard. 4.12.08(3)

Where the Director has revoked or refused to renew a contractor’s licence, the Director must specify a period of time after which the contractor may re-apply for a licence and the period of time may not be greater than 12 months. 4.12.08(4) A contractor’s licence is conditional upon the maintenance of a policy of commercial general liability insurance as required by clause 4.12.06(1)(b) and a failure to maintain the policy of insurance renders the licence immediately invalid. REMEDYING NON-COMPLIANCE 4.12.09(1)

Where a street cut that has been restored by a licenced contractor does not comply with this By-law, the conditions imposed on a permit, the Standard Construction Specifications or the Street Cuts Manual, the licenced contractor must bring the street cut into compliance within a reasonable period of time specified by the Director. 4.12.09(2)

Where a licenced contractor fails to comply with subsection (1), the Director may bring the street cut into compliance and may utilize all or part of the security provided by the licenced contractor under clause 4.12.06(1)(c) in order to pay the costs of doing so. 4.12.09(3)

Where the Director utilizes all or part of a security pursuant to subsection (2), the Restoration Contractor’s Licence is suspended until such time as the contractor provides additional security sufficient to meet the requirements of section 4.12.06(1)(c). By-law No. 1481/77 28 4.12.09(4) The Director may retain a security provided by a licenced restoration contractor for

a period of up to one year following the expiration of the contractor’s licence as a guarantee that work done by the contractor during the period of the licence complies with this By-law. 4.12.09(5) The Director must refund the deposit required under subsection 4.12.06(1)(c) or the remainder of the deposit to the applicant as soon as reasonably possible after the activity has been concluded. amended 62/2010 WORK SITE PROTECTION