HomeMy WebLinkAboutChapter 553 - Lodging HouseKITCHENER 553.1 SEPTEMBER 2024
LICENCE
Chapter 553
LODGING HOUSE
TABLE OF CONTENTS
Article No. Title Page No.
553.1 ................................. Definitions ............................................................................. 3
553.2 ................................. Prohibitions ........................................................................... 9
553.3 ................................. Licensing Requirements ..................................................... 10
553.4 ................................. Issuance of Licence and Grounds for Refusal .................... 13
553.5 ................................. Terms of Licence ................................................................ 15
553.6 ................................. Revocation and Suspension ............................................... 15
553.7 ................................. Appeal ................................................................................ 16
553.8 ................................. Inspections ......................................................................... 18
553.9 ................................. Orders ................................................................................ 19
553.10 ............................... Enforcement ....................................................................... 20
553.11 ............................... Offences and Penalties ...................................................... 21
553.12 ............................... Collection of Unpaid Fines .................................................. 21
553.13 ............................... Schedules ........................................................................... 22
553.14 ............................... Short Title ........................................................................... 22
553.15 ............................... Severability ......................................................................... 22
553.16 ............................... Repeal ................................................................................ 22
553.17 ............................... Coming into Force .............................................................. 23
553.18 ............................... Transitional Provisions ....................................................... 23
553.19 ............................... Municipal Code ................................................................... 24
Schedule Title Page No.
1 ...................................... Criminal Record and Judicial Matters Check ...................... 25
2 ...................................... Insurance ............................................................................ 26
3 ...................................... Floor Plans ......................................................................... 27
4 ...................................... Application Requirements ................................................... 28
5 ...................................... Renewal Application Requirements .................................... 29
KITCHENER 553.2 SEPTEMBER 2024
————
WHEREAS it is deemed expedient to exercise the powers conferred on Council by the
Municipal Act, 2001, S.O. 2001, c.25 (the “Municipal Act”), as amended;
AND WHEREAS Section 8 of the Municipal Act, provides that a municipality has the
capacity, rights, powers, and privileges of a natural person for the purpose of exercising
the authority under the Act;
AND WHEREAS Section 8(3) of the Municipal Act, authorizes a municipal to provide for
a system of licences;
AND WHEREAS Section 11 of the Municipal Act authorizes a Municipality to pass bylaws
responding health, safety and well-being of person, parking on property, structures
includes fences and signs;
AND WHEREAS Section 151(1) of the Municipal Act authorizes a municipality to provide
for a system of licences with respect to a business and to prohibit carrying on or engaging
in the business without a licence and to take other actions with respect to such licences;
AND WHEREAS Section 151 (1) of the Municipal Act authorizes a municipality to license,
regulate, or govern real and personal property used for the business and the persons
carrying it on or engaged in it;
AND WHEREAS Section 425 of the Municipal Act authorizes a Municipality to create
offences;
AND WHEREAS Section 429 of the Municipal Act authorizes a Municipality to establish
a system of fines or offences under a by-law of Municipality passed under the Act;
AND WHEREAS section 434.1 of the Municipal Act, 2001 authorizes the City to require
a Person, subject to such conditions as the municipality considers appropriate, to pay
an Administrative Penalty if the municipality is satisfied that the Person has failed to
comply with a by-law of the City;
KITCHENER 553.3 SEPTEMBER 2024
ARTICLE 1
DEFENITION
553.1.1 Adult - defined
"adult" means an individual eighteen years of age or older.
553.1.2 Administrative penalty by-law - defined
“administrative penalty by-law” means the Administrative Penalty System for Violations
of Non-Parking By-laws, By-law Number 2024-001 of the City, as amended from time to
time, or any successor thereof.
553.1.3 Agent - defined
“agent” means a Person authorized in writing by an Owner or Operator to act on the
Owner’s or group of Owners’ behalf.
553.1.4 Applicant - defined
"applicant" means the Person applying for a Licence or renewal of a Licence under this
Chapter.
553.1.5 Application - defined
“application" shall include any Application for a Licence or renewal of a Licence on the
form provided by the Manager of Licensing, or their designate, and such application
being to the satisfaction of the Manager of Licensing and in accordance with the
requirements set out in this Chapter.
553.1.6 Application licence fee - defined
"application licence fee" means a pre-determined fee as adopted by Council by way of
a User Fee Schedule as part of the budget that is paid by a Person as part of the
Application for a Licence.
553.1.7 Bed and breakfast - defined
“bed and breakfast” means a home occupation that provides overnight accommodation
of the traveling public, or temporary living accommodations, and shall not include a hotel,
lodging house, or group home.
553.1.8 Bedroom - defined
“bedroom” means a room or area used, designed, equipped, or intended for sleeping.
KITCHENER 553.4 SEPTEMBER 2024
553.1.9 Building Code Act - defined
“Building Code Act” means the Building Code Act, 1992, S.O. 1992. c.23, as amended.
553.1.10 Business - defined
"business" except where inconsistent with the context means any business wholly or
partly carried on within the City of Kitchener even if the business is being carried on from
a location outside of the City of Kitchener and includes without limitation:
a) trades and occupations;
b) exhibitions, concerts, festivals, and other organized public amusement held for
profit or otherwise;
c) the sale or hire of goods or services on an intermittent or one-time basis and
the activities of a transient trader; and
d) the display of samples, patterns, or specimens of goods for the purpose of sale
or hire.
553.1.11 Chapter - defined
"Chapter” shall refer to a by-law of the City which has been incorporated in The City of
Kitchener Municipal Code and assigned a Chapter number.
553.1.12 Chief Building Official - defined
"Chief Building Official" means the Chief Building Official of the City or their
designate.
553.1.13 Chief Fire Official - defined
"Chief Fire Official" means the Chief Fire Official of the City or their designate.
553.1.14 Chief of Police - defined
"Chief of Police" means the Police Chief for the Waterloo Regional Police Services
or their designate.
553.1.15 City - defined
"City" means The Corporation of the City of Kitchener.
553.1.16 City solicitor - defined
"City solicitor" means City Solicitor of the City or their designate.
553.1.17 Corporation - defined
“Corporation” means a body incorporated pursuant to the Business Corporations Act,
R.S.O. 1990 c. B.16, the Corporations Act, R.S.O. 1990, c. C.38, the Not-for-Profit
KITCHENER 553.5 SEPTEMBER 2024
Corporations Act, 201, S.O. 2010, c. 15, or other applicable Federal or Provincial Act,
as the case may be.
553.1.18 Council - defined
"Council" means the elected officials comprising the municipal council of the City.
553.1.19 Criminal Record and Judicial Matters Check - defined
“Criminal Record and Judicial Matters Check” means a police record check or criminal
record and judicial matter check issued to the Applicant by the police service in whose
jurisdiction the Applicant resides in accordance with the requirements of this Chapter.
553.1.20 Dedicated responsible person - defined
“dedicated responsible person” means a Person who is either the Owner/Licensee or an
agent, representative, or property maintenance company who is authorized to act on
behalf of the Owner/Licensee and who is responsible for managing or addressing issues
in relation to the Licenced Premises.
553.1.21 Designated provision - defined
“designated provision” means any section of this Chapter designated in accordance with
section 553.11.4 of this Chapter.
553.1.22 Director - defined
“Director” means the Director of Legislated Services of the City, their successor in title,
or their designate.
553.1.23 Dwelling unit - defined
“dwelling unit” means a building or part thereof used or intended to be used as a
residential unit.
553.1.24 Floor plan - defined
“floor plan” means a scale diagram of the arrangement of rooms in one story of a
building.
553.1.25 Government-issued identification - defined
“government-issued identification” means an official document issued by a government
authority that serves as proof person’s identity and includes, but is not limited to, driver’s
licence and passport.
KITCHENER 553.6 SEPTEMBER 2024
553.1.26 Gross floor area - defined
“gross floor area” means the area of a floor, measured to the inside of all outside walls
enclosing any floor or part of a floor that complies with all applicable law for the shelter,
accommodation or enclosure of persons, above which has a clear height of at least two
(2) metres for any floor below grade and above which has a clear height of at least one
(1) metre for any floor above grade, excluding the area of any garage, porch, veranda,
sun room or stairwell;
553.1.27 Group home - defined
“group home” means a residence licensed or funded under a federal, provincial, or
regional statute for the accommodation of 3 to 10 persons, exclusive of staff, that
provides a group living arrangement for their well-being. A group home shall not include
a correctional group home.
553.1.28 Hospital - defined
“hospital” means the use of a premises for the medical care, observation, supervision,
and skilled nursing care of persons afflicted with or suffering from sickness, disease, or
injury; or for the convalesce of chronically ill persons, that is approved under the Public
Hospitals Act or under the Private Hospitals Act.
553.1.29 Human Rights Code - defined
“Human Rights Code” means the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as
amended.
553.1.30 Incomplete application - defined
“incomplete application” means where required information is missing on the Application
form; information or documentation required by the Manager of Licensing as part of the
Application has not been provided; or the full Application Licence Fee is unpaid including
any late fee and/or penalty fee.
553.1.31 Kitchen - defined
“kitchen” means a room or area in a Licensed Premises with cooking facilities, which
may include a refrigerator, cooking devices, and sink.
553.1.32 Licence - defined
“licence” means a licence to operate a Lodging House issued under this Chapter and
the termed “licensed” shall have a corresponding meaning.
553.1.33 Licensed premises - defined
“licensed premises” means the Premises referred to on a Licence.
KITCHENER 553.7 SEPTEMBER 2024
553.1.34 Licensee - defined
“licensee” means a Person who has been issued a Licence under this Chapter.
553.1.35 Licensing Appeal Tribunal - defined
“Licensing Appeal Tribunal” means a body designated by Council for the purpose of
hearing any appeal under this Chapter.
553.1.36 Lodging house handbook - defined
“lodging house handbook” means a document that has been prepared and approved by
the Manager of Licensing and completed by the Licensee which, among other things,
prescribes the roles and responsibilities of the Renter and Owner/Licensee, including
but not limited to expectations as they relate to non-disturbance of neighbours;
compliance with applicable City by-laws, and adherence to the provisions of this
Chapter.
553.1.37 Lodging house - defined
“lodging house” means a Dwelling Unit where five or more persons, not including a
resident owner of the property, may rent a lodging unit and where the kitchen and other
areas of the Dwelling Unit are shared amongst the persons occupying the dwelling unit.
Lodging house can include student residences but shall not include a group home;
hospital; any small residential care facility or large residential care facility licensed,
approved, or supervised under any general or specific Act; or hotel.
553.1.38 Lodging unit - defined
“lodging unit” means a room or set of rooms located in a lodging house or other dwelling
designed or intended to be used for sleeping and living accommodations which:
a) is designed for the exclusive use of the resident or residents of the unit;
b) is not normally accessible to persons other than the residents or residents of the
unit; and,
c) does not have both a bathroom and Kitchen for the exclusive use of the resident
or residents of the unit.
553.1.39 Manager of Licensing - defined
"Manager of Licensing" means the City’s Manager of Licensing, their successor in title,
or their designate.
553.1.40 Medical Officer of Health - defined
“Medical Officer of Health" means the Medical Officer of Health for the Region of
Waterloo Public Health or their designate.
KITCHENER 553.8 SEPTEMBER 2024
553.1.41 Officer - defined
"officer" means an employee or agent of the City or a member of the Waterloo Regional
Police Services and shall include, without limitation, the Manager of Licensing, a
municipal law enforcement officer, by-law enforcement officer, or business licensing
inspector, the Director, the Chief Fire Official, the Chief Building Official, the City’s
Director of By-law Enforcement, or any person or inspector duly authorized on their
behalf or otherwise authorized by Council.
553.1.42 Ontario Fire Code - defined
"Ontario Fire Code" means the Ontario Regulation 213/07: Fire Code, under the Fire
Protection and Prevention Act, 1997, 8.0. 1997, c. 4.
553.1.43 Owner - defined
"owner" the registered owner of the Property to which an Application relates.
553.1.44 Person - defined
"person" means an individual, sole proprietorship, partnership, unincorporated
association, unincorporated syndicate, unincorporated organization, trust, body
corporate, and a natural person in their capacity as heir, trustee, executor, administrator,
or other legal representative.
553.1.45 Premises – defined
“premises” means land, Property or any part thereof including all buildings or other parts
thereon.
553.1.46 Property – defined
“property” means any lot, block, or other area in which land is held or into which it is
subdivided, including the building and structures, and pools hereon.
553.1.47 Regulations of this By-law – defined
“regulations of this by-law” means the provisions of this Chapter including the applicable
schedules.
553.1.48 Rent – defined
“rent” means an amount paid or required to be paid or given by or on behalf of a Renter
for the right to occupy a Rental Unit. This includes bill payments or services provided in
exchange for occupancy of a Rental Unit.
553.1.49 Rental unit – defined
KITCHENER 553.9 SEPTEMBER 2024
“rental unit” means a Dwelling or part thereof offered for Rent.
553.1.50 Renter – defined
“renter” means a Person who rents a Lodging Unit.
553.1.51 Residential care facility – defined
“residential care facility” means a commercial enterprise which consists of a Rental Unit
that offers beds and provides counselling, custodial, supervisory, personal, basic nursing
and/or full-time nursing care, and is not considered a hospital, long-term care, or
treatment centre.
553.1.52 Student residence – defined
“student residence” means residences that are owned and operated by post-secondary
institutions.
553.1.53 Zoning by-law - defined
"zoning by-law" means all by-laws passed by Council pursuant to section 34 of the
Planning Act, R.S.O. 1990, c. P.13, as amended, that restrict the use of land in the City.
Article 2
PROHIBITIONS
553.2.1
This Chapter shall not apply to the following, where not defined herein shall be defined in
section 3 of City of Kitchener Zoning By-law 2019-051, as amended:
a) Hotel;
b) Motel;
c) Group Home;
d) Nursing Home;
e) Hospital or treatment centre;
f) Bed and Breakfast;
g) Student Residence; or
h) any Rental Unit to which any of the following Acts, or their regulations apply:
i) Homes for Special Care Act, R.S.O. 1990, c.H12, as amended;
ii) Long-Term Care Homes Act, R.S.O. 1990, c.17, as amended;
iii) Retirement Homes Act, 2010 S.O. 2010, c. 11, as amended; and
iv) Social Housing Reform Act, 2000, S.O. 2000, c.27, as amended.
KITCHENER 553.10 SEPTEMBER 2024
553.2.2
No Person shall
a) own, operate, permit to be operated, or act in the capacity of a Lodging House
without a Licence;
b) own, operate, permit to be operated, or act in the capacity of a Lodging House
without complying with the Regulations of this Chapter;
c) operate a Lodging House licensed under this Chapter:
i) at a location other than the Licensed Premises where applicable;
ii) under any other name than the name(s) identified on the Licence;
iii) except in accordance with the Regulations of this Chapter; or
iv) without complying with all conditions or restrictions placed on the Licence
by the Manager of Licensing.
d) transfer or assign a Licence to any other Person or to any other location other
than the Licensed Premises;
e) provide false or misleading information to the City when applying for a licence
under this Chapter, renewing a licence or at any other time;
f) hold themselves out as Licensed under the Chapter without holding the
appropriate Licence;
g) advertise or permit the advertisement or operation of a Lodging House without a
Licence; or
h) advertise a Lodging House without including the current Licence number in
every advertisement.
Article 3
LICENSING REQUIREMENTS
553.3.1
An Applicant applying for a Licence shall be a registered owner of the Lodging House
and shall submit the following to the Manager of Licensing:
a) a complete Application in the form prescribed by the Manager of Licensing, which
shall include the following information where applicable:
i) the Applicant's legal name;
ii) the Applicant's residential and mailing address;
KITCHENER 553.11 SEPTEMBER 2024
iii) the address of the Lodging House;
iv) satisfactory proof of ownership for the Lodging House;
v) a photocopy of Government-Issued Identification;
vi) the telephone number and email address for the Applicant; and
vii) the information for a Dedicated Responsible Person including telephone
number and email address; and
viii)Criminal Record and Judicial Matters Check in accordance with Schedule 1 is
required for each Owner of the Lodging House and the Dedicated Responsible
Person if different from the Owner.
b) the applicable Application Licence Fee and any documentation or forms required
by the Manager of Licensing;
c) where the Applicant is a partnership, a list of all the names of the partners;
d) where the Applicant is a Corporation, a list of the names of all signing officers and
their titles;
e) any other documents as required by the Regulations of this Chapter; and
f) any documentation that may be required by the Manager of Licensing to evaluate
the Application.
553.3.2
If not prescribed by the Chapter, upon receipt of an Application, the Manager of
Licensing shall make or cause to be made all investigations which they deem necessary
for the purposes of evaluating the Application.
553.3.3
The Manager of Licensing may require the Applicant to have investigations conducted
and obtain documentation from and provide to the Manager of Licensing, or to have
documentation provided by any of the following or their designates: the Chief Fire
Prevention Officer, Chief Building Official, Regional Medical Officer of Health, Waterloo
Regional Police Services, and Director of By-law Enforcement.
553.3.4
For a renewal of a Licence, an Applicant shall submit the following to the Manager of
Licensing:
a) a renewal Application in the form prescribed by the Manager of Licensing;
b) the applicable Application Licence Fee; and
c) documents as the Manager of Licensing may require including, without limitation,
the documents set out in 3.1 above and in Schedule 5 to this Chapter.
KITCHENER 553.12 SEPTEMBER 2024
553.3.5
Every Licensee shall:
a) post the Licence in a conspicuous place at the Licensed Premises,
b) have a separate Licence for each Lodging House;
c) have a Dedicated Responsible Person who is responsible for managing or
addressing issues in relation to the Licensed Premises and is available to attend
the Licensed Premises at all times within a period no greater than one hour to
address emergency issues, and within three hours to address non-emergency
issues, and shall be responsible for the day-to-day operations of the Licensed
Premises;
d) display within the Licensed Premises, in a location accessible to all Renters, a
copy of the Lodging House Handbook, which shall include the total number of
Bedrooms permitted;
e) ensure that nothing is placed so as to obstruct access to the entrances and the
exits from the Licensed Premises;
f) ensure the number of parking spaces provided are in accordance with the Zoning
By-law;
g) ensure the building area of the Licensed Premises does not exceed six hundred
(600) square metres and the building height of the Licensed Premises does not
exceed three (3) storeys;
h) ensure that no Renter(s) have the exclusive use of both a Kitchen and bathroom;
i) ensure that each Bedroom complies with the Building Code Act, 1992, S.O. 1992,
c.23, as amended, and any regulations thereto with regards to access to natural
light and window requirements;
j) ensure that each Bedroom has:
i) a minimum floor area of 7 square metres; and
ii) no more than 2 Adult occupants;
k) ensure that each Bedroom has a door that is capable of being locked from the
inside and the outside;
l) maintain a written lease with only one (1) Renter per lease, unless:
i) the Renter is under the age of eighteen (18) years, in which case a parent or
guardian may execute a lease on their behalf; or
ii) where the Renters have entered into a joint tenancy agreement to share a
Bedroom;
KITCHENER 553.13 SEPTEMBER 2024
m) ensure that all containers for garbage, recyclable materials and yard waste on
exterior property areas are kept in a rear or side yard in an enclosed structure with
a lid or roof. The structure shall:
i) screen the containers from the view of streets, sidewalks, multi-use trails, and
neighbouring properties;
ii) be kept closed at all times except when the containers contained therein are
actually being filled or emptied;
iii) be kept in good working order, free of odours, and without any visible
deterioration; and
iv) that any needle disposal containers are properly discarded.
n) notify the Manager of Licensing within fourteen (14) days of any changes in the
ownership of the Licensed Premises;
o) ensure that the Licensed Premises complies with all applicable federal, provincial,
or municipal legislation, including, but not limited to, the Building Code, as
amended, the Fire Code, as amended, and all applicable municipal by-laws,
including Noise, Zoning, Parking, and Property Standards, and other applicable
law, code or Act, such as the Human Rights Code and Criminal Code of Canada;
p) ensure that all municipal taxes, licences, fines, or charges, and building permits
for the Licensed Premises must be current; and
q) comply with the conditions and restrictions placed on the Licence by the Manager
of Licensing or the Licensing Appeal Tribunal.
553.3.6
No Licensee shall:
a) permit any room to be used as a Bedroom except where a bedroom has been
indicated and approved on the submitted floor plan;
b) permit an occupancy greater than the number of which the premises was licensed
pursuant to this Chapter; and
c) operate a Business within or on the Licensed Premises.
Article 4
ISSUANCE OF LICENCE AND GROUNDS FOR REFUSAL
553.4.1
The Manager of Licensing shall receive and process all complete Applications for the
KITCHENER 553.14 SEPTEMBER 2024
Licence.
553.4.2
Upon receipt of a complete Application, the Manager of Licensing shall either issue,
renew, or issue with conditions a Licence.
553.4.3
Except where otherwise provided herein, every Licence issued or renewed pursuant to
this Chapter shall be issued in the name of Council by the Manager of Licensing.
553.4.4
Where the Manager of Licensing receives an Incomplete Application, the Manager of
Licensing shall, whereas an address or other contact information has been provided,
notify the Applicant that the Application is incomplete and, where applicable, any steps
required to complete the Application.
553.4.5
The Manager of Licensing will deem an Application to be incomplete where:
a) required information has not been provided on the Application;
b) information or documentation required by the Manager of Licensing as part of the
Application has not been provided; or
c) the full Application Licence Fee is unpaid including any late fee and/or penalty fee.
553.4.6
Where no action has been made to remedy an Incomplete Application by the Applicant in
the time specified by the Manager of Licensing the Incomplete Application shall be
deemed abandoned. The Incomplete Application shall be cancelled, and any associated
Application Licence Fee shall be deemed non-refundable.
553.4.7
The Manager of Licensing shall, where an address or other contact information has been
provided, notify the Applicant of the intention to refuse an Application and shall advise the
Applicant of their right to appeal.
553.4.8
The Manager of Licensing may refuse an Application where:
a) an unsatisfactory report regarding an investigation carried out pursuant to this
Chapter or any other applicable by-law of the City and where any condition
KITCHENER 553.15 SEPTEMBER 2024
causing the report to be unsatisfactory has not been remedied; or
b) the past conduct of the Applicant affords the Manager of Licensing reasonable
grounds to believe that the Applicant has not or will not operate a Lodging House
in accordance with applicable law or by-laws, or with integrity and honesty; or
c) the Lodging House specified on the Application are subject to any Order that has
not been complied with made pursuant to the Building Code Act 1992, S.O. 1992,
c. 23 or the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, or by the
Medical Officer of Health; or
d) the Applicant or Dedicated Responsible Person has been convicted of an offence
that relates in any way to the operation of a Lodging House for which a pardon
has not been granted; or
e) a previous Licence issued to the Applicant under this Chapter has been
suspended or revoked by the Manager of Licensing or the Licensing Appeal
Tribunal.
Article 5
TERMS OF LICENCE
553.5.1
A Licence issued pursuant to the provisions of this Chapter shall expire one year from the
date it was issued or on the expiry date listed on the licence unless it is revoked in
accordance with any provisions of this Chapter.
553.5.2
Where a Person sells or transfers ownership of a Licensed Premises to any other Person,
the Licence issued for that Licensed Premises shall be void upon transfer.
Article 6
REVOCATION AND SUSPENSION
553.6.1
The Manager of Licensing shall, where an address or other contact information has been
provided, notify the Licensee of the intention to revoke or suspend a Licence and shall
advise the Licensee of their right to appeal.
553.6.2
The Manager of Licensing may revoke or suspend a Licence where:
KITCHENER 553.16 SEPTEMBER 2024
a) the Manager of Licensing is of the opinion that the Licensed Premises poses a
threat to the health and safety of the public, or Renters;
b) the Licence was issued in error;
c) the Licensee has violated any of the provisions of this Chapter or any other
applicable laws;
d) any conditions placed on the Licence have been violated; or
e) the Licence was issued upon provision or receipt of false or misleading
information.
553.6.3
If appealed, Renters residing in the Licensed Premises may continue to reside in said
Licensed Premises until a final decision has been rendered by the Licensing Appeal
Tribunal, unless an order or other directive is issued under any other legislation or by a
court of competent jurisdiction which orders or directs the removal or departure of the
Renters prior to the Licencing Appeal Tribunal issuing a decision.
Article 7
APPEAL
553.7.1
All appeals shall be submitted in writing to the Manager of Licensing within fourteen (14)
days of the date of the notification issued by the Manager of Licensing pursuant to
section 553.6 of this Chapter.
553.7.2
The Licensing Appeal Tribunal is adjudicated by a body designated by Council.
553.7.3
The decision of the Licensing Appeal Tribunal is final and binding.
553.7.4
If the Manager of Licensing refuses a Licence, the Applicant shall have the right to
appeal the decision to the Licensing Appeal Tribunal.
553.7.5
The Manager of Licensing may refer an Application or a Licence to the Licensing Appeal
Tribunal where:
a) the Applicant or Licensee does not meet the requirements of this Chapter or any
KITCHENER 553.17 SEPTEMBER 2024
other applicable law or by-law;
b) there are reasonable grounds for belief that an Application or other documents
provided to the Manager of Licensing by or on behalf of an Applicant or Licensee
contains a false statement or provides false information;
c) the past or present conduct of any Person, including the officers, directors,
employees, or agents of a corporation, affords reasonable cause to believe the
Person will not carry on or engage in the operation of a Licensed Premises in
accordance with the law, or with honesty and integrity;
d) the Licensee has contravened this Chapter or any other by-law or federal or
provincial statue or regulations while operating the Licensed Premises;
e) the Applicant, Licensee, or Dedicated Responsible Person has been convicted of
an offence that relates in any way to the operation of a Lodging House for which
a pardon has not been granted;
f) any special conditions placed by the Manager of Licensing or Licensing Appeal
Tribunal on a former or current Licence of the Applicant or Licensee under this
Chapter have not been met; or
g) the provisions of this Chapter provide grounds not to issue or renew.
553.7.6
When any matter has been referred or appealed to the Licensing Appeal Tribunal the
Applicant or Licensee shall be given reasonable notice of the time and place of the
hearing and shall be invited to make a submission either in writing or verbally.
553.7.7
When any matter has been referred or appealed to the Licensing Appeal Tribunal, after
due consideration of the Application or Licence and after the Licensing Appeal Tribunal
has heard such representations as the Applicant or Licensee and staff may care to
make, may direct that the Licence be issued or renewed, or may refuse, suspend,
revoke, or add conditions to a Licence where:
a) the Applicant or Licensee does not meet the requirements of this Chapter or any
other applicable law or by-law;
b) information or documentation required by the Manager of Licensing as part of the
Application process has not been provided;
c) the Application is incomplete or the Application Licence Fee is unpaid including
any late and/or penalty fee;
d) the Manager of Licensing received an unfavourable report regarding an
investigation carried out pursuant this Chapter or any other by-law of the City;
e) there are reasonable grounds for belief that an Application or other document
provided to the Manager of Licensing by or on behalf of an Applicant or Licensee
KITCHENER 553.18 SEPTEMBER 2024
contain a false statement or provides false information;
f) the past or present conduct of any Person, including the officers, directors,
employees, or agents of a corporation, affords reasonable cause to believe the
Person will not carry on or engage in the operation of a Lodging House in
accordance with the law or with honesty and integrity;
g) without limiting the generality of section 553.7.7 f), any Person, including the
officers, directors, employees, or agent of a corporation, has contravened this
Chapter or any other by-law of the City or federal or provincial statue or regulation
while engaged in the operation of a Lodging House;
h) any special conditions placed by the Manager of Licensing, on a former or current
Licence of the Applicant or Licensee under this Chapter have not been met;
i) the provisions of this Chapter provide grounds not to issue or renew in the
circumstances; or
j) the Applicant or Licensee has consented to the refusal, suspension, revocation,
or adding of conditions to the Licence.
553.7.8
No Person shall violate any conditions that the Manager of Licensing or the Licensing
Appeal Tribunal has placed on a Licence issued under this Chapter.
553.7.9
For the purpose of section 553.7.6 of this Chapter, the Applicant or Licensee’s last
known address and email address shall be deemed to be those provided pursuant to
section 553.3.1 of this Chapter unless notice in writing has been given to the Manager
of Licensing providing new information in which case the most recently provided
information shall be deemed correct for the purpose of providing notice hereunder.
Article 8
INSPECTIONS
553.8.1
Any Person authorized by the Manager of Licensing may at all reasonable times and in
accordance with any applicable requirements in the Municipal Act, 2001, as amended,
inspect any Lodging House in respect of which a Person is required to be licensed under
this Chapter.
553.8.2
No Person shall obstruct or hinder or cause to be obstructed or hindered any Person or
Persons designated under this Chapter to perform their duties.
KITCHENER 553.19 SEPTEMBER 2024
553.8.3
An inspection may be conducted by an Officer to determine whether or not the following
are being complied with:
a) any by-law of the City under the Municipal Act including this Chapter;
b) a direction or order of the City made under the Municipal Act or made under a by-
law of the municipality passed under the Municipal Act;
c) a condition of a Licence issued under a by-law of the municipality passed under
the Municipal Act; or
d) an Order made under section 431 of the Municipal Act, 2001, c. 25.
553.8.4
For the purpose of an inspection of any Premises to which any provision of this Chapter
applies, an Officer may:
a) require the production for inspection of documents or items relevant to the
inspection in a timeframe prescribed by the Manager of Licensing;
b) inspect documents or items relevant to the inspection;
c) require information from any Person concerning a matter related to the
inspection; and
d) alone or in conjunction with a Person possessing special or expert knowledge,
make examination or take tests, samples, or photographs necessary for the
purpose of the inspection.
ARTICLE 9
ORDERS
553.9.1
Where the Manager of Licensing has reasonable grounds to believe that a contravention
of this Chapter has occurred, the Manager of Licensing may make an Order requiring
the Person who contravened this Chapter, or who caused or permitted the
contravention, or the Owner or Renter, of the land on which the contravention occurred,
to do work to correct the contravention.
553.9.2
An Order under section 553.9.1 of this Chapter shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention
KITCHENER 553.20 SEPTEMBER 2024
and the location of the land on which the contravention occurred; and
b) the work to be done and the date by which the work must be done, or that the
activity deemed to discontinue has ceased.
553.9.3
An Order under section 553.9.1 of this Chapter may require work to be done even though
the facts which constitute the contravention of this Chapter were present before this
Chapter came into force.
553.9.4
No Person shall fail to comply with an Order under section 553.9.1 of this Chapter.
553.9.5
Any Order pursuant to this Chapter shall be given in writing and is effective:
a) on the date on which it is delivered to the Person to whom it is addressed;
b) on the fifth day after it is sent by registered mail to the Person’s last known
address; or
c) upon the sending by email transmission to the Person’s last known email
address.
553.9.6
For the purpose of section 553.9.5, the Person’s last known address and email address
shall be deemed to be those provided pursuant to section 553.3.1 of this Chapter unless
notice in writing has been given to the Manager of Licensing providing new information
in which case the most recently provided information shall be deemed correct for the
purpose of providing notice hereunder.
ARTICLE 10
ENFORCEMENT
553.10.1
Council hereby authorizes the Waterloo Regional Police Service or any Officer thereof
to act as agent for the City, as necessary, for the purpose of enforcing this Chapter.
553.10.2
The Manager of Licensing is hereby charged with the responsibility for the enforcement
of this Chapter and the City Solicitor, City Clerk/Director of Legislated Services, Director
of By-law Enforcement, and any other municipal official are hereby required to render
KITCHENER 553.21 SEPTEMBER 2024
the Manager of Licensing any reasonable assistance in that regard.
ARTICLE 11
OFFENCES AND PENALTIES
553.11.1
Every Person, excluding a corporation, who contravenes any provision of this Chapter
or an Order made under this Chapter and every director or officer of a corporation who
concurs in a contravention by the corporation is guilty of an offence and is liable, upon
conviction, to a fine not exceeding Twenty-Five Thousand Dollars ($25,000).
553.11.2
Every corporation that contravenes any provision of this Chapter or an order made under
this Chapter is guilty of an offence and is liable, upon conviction, to a fine not exceeding
Fifty Thousand Dollars ($50,000).
553.11.3
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising
a power or performing a duty under this Chapter.
553.11.4
Sections 553.2.2, 553.7.8, 553.8.2 and 553.9.4, inclusive of all subsections thereunder,
of this Chapter are hereby designated as parts of this Chapter to which the
Administrative Penalty By-law applies.
553.11.5
Any person who contravenes any Designated Provision of this Chapter shall, upon
issuance of a penalty notice in accordance with the Administrative Penalty By-law, be
liable to pay an administrative penalty and any administrative fees.
ARTICLE 12
COLLECTION OF UNPAID FINES
553.12.1
Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of
this Chapter remains unpaid after the fine becomes due and payable under section 66
of the Provincial Offences Act including any extension of time for payment ordered under
that section, the Manager of Licensing may give the Person against who the fine was
KITCHENER 553.22 SEPTEMBER 2024
imposed a written notice specifying the amount of the fine payable and the final date on
which it is payable which shall be not less than twenty one (21) days after the date of
the notice.
553.12.2
If the fine remains unpaid after the final date specified in the notice, the fine shall be
deemed to be unpaid taxes for the purpose of Section 351 of the Municipal Act.
ARTICLE 13
SCHEDULES
553.13.1The Schedules attached to this Chapter shall form part of this Chapter.
ARTICLE 14
SHORT TITLE
553.14.1
This Chapter shall be known as the “Lodging House By-law”.
ARTICLE 15
SEVERABILITY
553.15.1
If a Court of competent jurisdiction should declare any section or part of a section of this
Chapter to be invalid, such section or part of a section shall not be construed as having
persuaded or influenced Council to pass the remainder of this Chapter and it is hereby
declared that the remainder of this Chapter shall be valid and shall remain in full force
and effect.
ARTICLE16
REPEAL
553.16.1
By-law 2004-250 and the contents of the Chapter 553 of the City of Kitchener Municipal
Code are hereby repealed as of the date this Chapter comes into effect.
KITCHENER 553.23 SEPTEMBER 2024
ARTICLE 17
COMING INTO FORCE
553.17.1
This Chapter shall come into force and effect on January 1, 2025.
ARTICIE18
TRANSITIONAL PROVISIONS
553.18.1
Notwithstanding any other provisions of this Chapter, or the repeal prior to January 1,
2025, various City by-laws and chapters of The City of Kitchener Municipal Code
respecting business licensing, such repeal shall not:
a) affect the previous operation of the repealed Chapters and by-laws;
b) affect any right, privilege, obligation, or liability including any licence that came
into existence under the repealed Chapter or by-law;
c) affect an offence committed against the repealed Chapter or by-law, or any
penalty, forfeiture, or punishment incurred in connection with the offence; or,
d) affect an investigation, proceeding, or remedy in respect of a right, privilege,
obligation, or liability described in section 553.18.1 b), or a penalty, forfeiture, or
punishment described in section 553.18.1 c).
553.18.2
An investigation, proceeding, or remedy described in section 553.18.1 d) may be
commenced, continued, or enforced as if the by-law or chapter had not been repealed
or revoked.
553.18.3
A penalty, forfeiture, or punishment described in section 553.18.1 c) may be imposed as
if the by-law or chapter had not been repealed or revoked.
553.18.4
A Licence issued under any by-law or chapter of the Municipal Code, as amended, shall
be deemed a Licence under this Chapter and shall be subject to all provisions of this
Chapter, but shall expire on the earlier of the two dates:
a) The expiry date stated on the licence; or
b) January 1, 2025.
KITCHENER 553.24 SEPTEMBER 2024
ARTICLE 19
MUNICIPAL CODE
553.19.1
The Clerk of the City is hereby directed to make the By-law 2024-153 a part of The City
of Kitchener Municipal Code by adding it to the concordance and arranging and
numbering it as a chapter so as to fit within the scheme of the Municipal Code.
By-law 94-45, 7 March 1994; By-law 94-205, 19 December 1994; By-law 95-97, 19
December 1995; By-law 98-72, 15 June 1998; By-law 2000-190, 23 October 2000; By-
law 2000-228, 18 December 2000; By-law 2001-224, 26 November 2001; By-law 2001-
233, 10 December 2001; By-law 2001-239, 10 December 2001; By-law 2001-241, 10
December 2001; By-law 2002-233, 9 December 2002; By-law 2004-250, 6 December
2004; By-law 2006-046, 13 February 2006; By-law 2011-047, 28 March 2011; By-law
2024-153, 26 August 2024.
KITCHENER 553.25 SEPTEMBER 2024
SCHEDULE 1
CRIMINAL RECORD AND JUDICIAL MATTERS CHECK
1. This Schedule 1 shall apply to each Person who are required to provide Criminal
Record and Judicial Matters Check with an Application.
2. The Criminal Record and Judicial Matters accepted by the Manager of Licensing shall
meet the following requirements:
a) must be the original version provided by the Police Department;
b) must be completed within the municipality where the Person resides;
c) must be obtained by the Person to whom it applies;
d) if the Applicant is part of a partnership, a completed Criminal Record and
Judicial Matters must be obtained for each partner; and
e) if the Applicant is a corporation, a completed Criminal Record and Judicial
Matters must be obtained for a director or officer, or a letter of authorization
must be provided from any director naming a director, officer or employee of
the corporation as their designate.
3. The Criminal Record and Judicial Matters shall only be considered valid if it is
completed within six (6) months of the date of Application.
4. The Criminal Record and Judicial Matters shall be completed by a Canadian Police
Service, or by a police service in the country where the Applicant resides. A Criminal
Record and Judicial Matters completed by a third-party agency will not be accepted.
5. Any Criminal Record and Judicial Matters that is completed in a foreign language must
be translated and notarized.
KITCHENER 553.26 SEPTEMBER 2024
SCHEDULE 2
INSURANCE
1. This Schedule 2 shall apply to any Applicant that is required to submit proof of
insurance.
2. Upon submitting an Application, the Applicant shall execute the following indemnity to
the satisfaction of the City:
The Licensee both during and after the term of the Licence or renewed Licence,
shall at all times, and at its own cost, expense, and risk, defend, indemnify and
hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and all respective heirs, administrators, executors, successors, and
assigns from any and all losses, damages (including, but not limited to, incidental,
indirect, special and consequential damages, or any loss of use, revenue or profit
by any Person or Business), fines, penalties and surcharges, liabilities,
judgements, claims, demands, causes of action, contracts, suits, actions or other
proceedings of any kind and expenses which the indemnified City may suffer or
incur, howsoever caused, provided such losses, damages, fines, penalties and
surcharges, liabilities, judgments, claims, demands, cause of action, contracts,
suits, actions or other proceedings of any kind and expenses as defined above are
due or claimed to be due to the negligence, breach of contract, and/or breach of
law of the Licensee.
3. The Applicant shall maintain liability insurance acceptable to the Manager of Licensing
throughout the term of the Licence, if the Licence has been granted.
4. The liability insurance shall consist of a comprehensive policy of public liability and
property damage insurance in an amount of not less than $2,000,000.00 per
occurrence.
5. The liability insurance shall name The Corporation of the City of Kitchener as
additional insured with a cross liability endorsement and severability of interest
provision.
KITCHENER 553.27 SEPTEMBER 2024
SCHEDULE 3
FLOOR PLANS
1. This Schedule 3 shall apply to any Applicant that is required to submit Floor Plans.
2. The Floor Plans accepted by the Manager of Licensing shall be drawn to scale on
graph paper or digital format and include identifying the following:
a) all rooms, spaces, or common areas of the Lodging House;
b) how each room, space or common area shall be used, which means specifically
indicating where all Bedrooms will be located on the floor plan;
c) the dimensions (in meters) of all rooms, spaces or common areas;
d) dimensions of all windows;
e) location of all entrances and exits; and
f) location of all smoke and carbon monoxide alarms.
KITCHENER 553.28 SEPTEMBER 2024
SCHEDULE 4
APPLICATION REQUIREMENTS
1.In addition to the licensing requirements set out in Section 553.3 of this Chapter; an
Applicant for a Lodging House Licence shall supply the following:
a) Criminal Record and Judicial Matters Check;
b) Proof of Insurance;
c) Floor Plan;
d) Fire Approval;
e) Building Approval;
f) Planning Approval; and
g) Property Standards Approval
KITCHENER 553.29 SEPTEMBER 2024
SCHEDULE 5
RENEWAL APPLICATION REQUIREMENTS
1. In addition to the licensing requirements set out in Section 553.3 of this Chapter; an
Applicant for a renewal of a Lodging House Licence shall supply the following:
a) Criminal Record and Judicial Matters Check (every 3rd renewal period);
b) Proof of Insurance;
c) Floor Plan (if applicable);
d) Fire Approval;
e) Planning Approval; and
f) Property Standards Approval
