It a Bylaw... infraction = fine
this has nothing to do with the criminal code..
Municipalities are free to define whatever they want as a "replica" it has zero bearing on the criminal code definition.
nor does an alternate definition in the CC provide a valid defense against the bylaw infraction.
Markham perceives a issue with proliferation of retail of things they don't like .. they are free to regulate it.
Enforcing that regulation is a whole different issue
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