HomeMy WebLinkAboutCOR-2024-233 - Shared Accommodation By-lawStaff Report
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Corporate Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 3, 2024
SUBMITTED BY: Amanda Fusco, Director, Legislated Services, 519-741-2200 ext. 7809
PREPARED BY: Kristin VanDerGeld, Manager, Licensing, 519-741-2200 ext. 7854
WARD(S) INVOLVED: All
DATE OF REPORT: May 8, 2024
REPORT NO.: COR -2024-233
SUBJECT: Shared Accommodation By-law
RECOMMENDATION:
That the new Shared Accommodation By-law be approved in the form shown attached to
staff report COR -2024-233 as Appendix "A";
That the fees set out in Appendix "B" of staff report COR -2024-233 be approved;
That the request for three (3) Full Time Equivalents (FTEs) to support the administration,
inspection, and enforcement of the Shared Accommodation Bylaw be approved; and
The purchase of Granicus host compliance software to assist with ongoing monitoring
and enforcement of short-term rental platforms be approved.
REPORT HIGHLIGHTS:
• The City has an existing Lodging House By-law and licenses approximately 20 lodging
houses. Licence applications for a Lodging House are limited, in part, due to Minimum
Distance Separation (MDS) requirements in the City's Zoning By-law.
• A review of the existing Lodging House By-law was undertaken as part of the Lower Doon
Study. Updates to the current framework are necessary due to the changing rental
landscape and human rights concerns.
• Many municipalities have begun to license Short -Term Rentals (STRs) (e.g.,
accommodations on AirBnB, VRBO, etc.) to address consumer protection, health and safety
and nuisance control.
• Staff are proposing to replace the existing Lodging House By-law with the proposed Shared
Accommodation By-law which expands beyond updating the regulation for licensing Lodging
Houses and will now include both the licensing of Lodging Houses and Short -Term Rental
Accommodations. The By-law is a holistic approach to creating a regulatory framework for
a variety of housing and rental types.
• Extensive public consultation and stakeholder engagement efforts have been undertaken
that encompass both city-wide community input and targeted engagement with stakeholders
directly impacted by the proposed changes.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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• The proposed Shared Accommodation By-law and new fee structure have been developed
with the intention of having a 3 -year review period. This will allow sufficient time for staff to
determine whether the program continues to be fair, accurate, relevant, and continues to
reflect the needs of the community. In 2028, staff will make further recommendations to
Council based on the success of the program which may include minor adjustments and
expansion to the licensing framework.
• Financial implications are in the form of staffing and host compliance software to
successfully administer, investigate, inspect, and enforce the new Shared Accommodation
By-law.
EXECUTIVE SUMMARY:
The proposed Shared Accommodation By-law has been developed in response to a growing
need for comprehensive regulation and oversight of short-term and lodging house rentals within
the City. The by-law proposes to regulate short-term rentals, as well as integrating and updating
the existing lodging house regulations. The proposed by-law is structured to provide
opportunities for more affordable housing types throughout Kitchener and to ensure that shared
accommodations are safe for occupants.
Shared accommodations have become an increasingly prevalent housing option, necessitating
a well-defined framework that balances the interests of residents, property owners, and the
broader community. Through staff's research effort, the City of Kitchener has approximately 300
lodging houses and 800 short-term rentals (STRs). Currently, these are unregulated by the City,
and have no city inspections or requirements. Key benefits of an updated licensing framework
for lodging houses and a new licensing framework for short-term rentals outlined in this report
a re:
• Enhanced Safety Standards;
• Community Impact and Integration;
• Quality Assurance;
• Accountability and Compliance; and
• Reasonable fees for all types of shared accommodations.
The Shared Accommodation By-law would provide a balance between protecting the interests
of residents, allowing property owners to generate more opportunity and exposure, while
prioritizing safety, affordability, and accountability.
BACKGROUND:
The Municipal Act, 2001 provides municipal council with the authority to licence, regulate, and
govern real and personal property used for the business, and the person carrying it on or
engaged in it, such as rental properties. The primary reason for licensing and regulating rental
properties within a municipality is to protect the public interest as it relates to:
1. Health and Safety;
2. Consumer Protection; and
3. Nuisance Control
For the aforementioned reasons, it is important to ensure that licensing by-laws and processes
align with community needs, prioritize customer service, and adhere to applicable governing
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legislation. The goal of a shared accommodations licensing by-law is to ensure a safe and viable
housing option for all.
Staff have reviewed our existing by-laws, completed a municipal scan of other municipal by-laws
and reports including those in Waterloo, Oakville, Hamilton, Niagara -on -the -Lake, Toronto,
London, and Blue Mountain, completed public engagement via stakeholder focus group
sessions and Engage survey, and have developed a proposed Shared Accommodation By-law.
This report is seeking Council's approval of the Shared Accommodation By-law, associated
licensing fees and additional staffing resources.
REPORT:
The existing Lodging House By-law has not been reviewed since 2005, making an update
imperative due to the changing rental landscape. The new Shared Accommodation By-law seeks
to provide enhanced safety standards, ensure community integration, assure quality, promote
accountability, and establish reasonable fees for all types of shared accommodations. Extensive
public consultation and stakeholder engagement efforts have been made, encompassing city-
wide community input and targeted engagement with stakeholders directly impacted by the
proposed changes. Furthermore, the by-law and fees have been developed with a 3 -year review
period in 2028 to ensure they remain accurate, relevant, and reflective of the community's needs.
This report outlines key changes, a proactive approach to education and enforcement, the
application process and fees, exclusions, and the 3 -year program and by-law review period.
Additionally, it highlights alignment with other city business units, including the Planning and
Housing Policy Division, and the removal of minimum distance separation requirements for
lodging houses.
KEY CHANGES
Proposed By-law Components
Licensing Services identified the need to modernize the Lodging House By-law and to expand
the by-law to include additional types of Shared Accommodations. The new by-law aims to
improve the City's ability to ensure public safety, consumer protection, and nuisance control
while also reducing barriers for property owners. As well, staff saw the need to examine current
lodging house fees to reflect an appropriate level of cost -recovery along with enhanced service
levels and efficient processes established within the new licensing program. With that in mind,
the goals of the proposed Shared Accommodation By-law are to:
• Create a clear, consistent, and concise regulatory framework;
• Create reasonable and affordable fees;
• Streamline processes and reduce redundancy;
• Remove licensing requirements that are no longer applicable; and,
• Modernize to meet the changing rental landscape.
The proposed by-law will repeal and replace the existing Lodging House By-law and will expand
Shared Accommodation rentals to include Short -Term Rental Accommodations (e.g., AirBnB,
VRBO, etc.). Some of the key changes include more robust licensing requirements, enhanced
property maintenance measures, enhanced safety measures by way of mandatory inspections,
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advertising and booking requirements, a renter code of conduct, emergency contacts and a good
neighbour guide.
The Shared Accommodation By-law will exclude several categories, such as hotels, motels,
group homes, nursing homes, hospitals, treatment centers, purpose-built student residences,
Long -Term Care Homes, Retirement Homes, Social Housing, and Homes for Special Care Act.
Additionally, the Shared Accommodation By-law will not extend to all residential rental types.
The proposed By-law will only seek to regulate rental properties within the definitions of a
Lodging House or Short -Term Rental, this includes:
• Lodging House: 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.
• Short -Term Rental: means a dwelling unit or part thereof used to provide sleeping
accommodations for any rental period that is less than 90 consecutive days in exchange
for rent, but does not include Hotel, Lodging House, Motel, and Long -Term Rental
Accommodations.
Therefore, residential rental properties that are operating as long-term rentals (more than 90 -
day rental agreements) or rentals designed to accommodate less than five residents in total will
be excluded from the By-law. However, staff will continue to monitor and collect data on these
types of rentals and will include it as part of the 3 -year review.
The proposed licensing framework puts safety first for renters by way of more robust application
requirements for all types of shared accommodations. These include police clearance check,
proof of appropriate insurance coverage, accurate and detailed floor plans, confirmation of
smoke and carbon monoxide alarms, an additional contact person that can fulfill requisite
response times and proof of principal residence will be required where applicable. Inspections
and/or approvals are required by Fire Prevention, Property Standards and Building to ensure the
property complies with various code and by-law standards. Furthermore, a Licensee will be
required to provide a "Renter's Code of Conduct" that is posted at the property which will include
agency resources and contact information for a person(s) responsible for the licensed premises.
Furthermore, a public registry of all licensed shared accommodations will be posted on the City's
website which will include the date of the most recent inspection(s) conducted by the City.
Staff will continue to work in conjunction with short-term rental platforms (e.g., AirBnB) to
communicate to their hosts about the new licensing framework and by-law requirements. Hosts
will be required to list their City of Kitchener business licence number on all advertisements, or
they will be at risk of being removed from the platform.
Permitting shared accommodations throughout the City will allow for less underground activity
and will promote safety. Incentives for the property owners include eligibility for tax deductions,
access to agencies for various supports, freedom to advertise their business, ability to attract
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more responsible renters due to the perception of professionalism and compliance with
regulations and peace of mind knowing the property meets certain safety and quality standards.
Enforcement
Following the initial implementation, phased enforcement is expected commence on January 1,
2025. Continuous proactive enforcement will be conducted by Licensing Inspectors in the field,
through surveillance of on-line platforms, utilization of host compliance software, and by way of
information sharing with internal and external partners. Audits of licensed properties will be
conducted to ensure ongoing compliance with the City's By-laws and reactive enforcement will
be conducted based on response to public complaints received through Licensing, By-law, Fire,
Building or the corporate contact centre and will be investigated based on urgency and public
safety risk. As a result of inspection findings or complaints received, a Licensing Inspector may
escalate enforcement to the appropriate agency such as By-law Enforcement/Property
Standards, Fire Prevention, Building or Police for further action and to ensure compliance with
other legislation.
Licensing Enforcement will be conducted using a progressive approach which may include but
is not limited to applying conditions on a licence or refusing/revoking a licence (subject to a
hearing before the Licensing Appeal Tribunal) or by way of fines and/or charges under the
Provincial Offences Act/Administrative Monetary Penalties System.
Rights of Entry
By-law Enforcement Officers/Licensing Inspectors are permitted to access the exterior areas of
private property without consent as part of their duties to investigate potential violations of
municipal regulations. However, to enter the interior, they require explicit consent from the
occupant(s) to inspect any portion being used as a dwelling unit. If a unit, or property is vacant
the property owner can provide the sole consent to enter.
In contrast, Fire officials have broader authority to access the interior of a property to ensure
compliance with the fire safety. Similarly, Building Inspectors also have their own authorities to
enter a property to enforce Building Code requirements. However, By-law Enforcement
Officers/Licensing Inspectors cannot "piggyback" off another agency's inspection authorities for
their own investigative purposes.
Staff will work with property owners and renters to ensure that necessary inspections can be
conducted in a timely manner. However, where access is not granted for required inspections
and approvals, a licence will not be issued. Continued operation of an unlicensed property will
be subject to further enforcement action.
Implementation Plan
With the implementation of the new Shared Accommodation By-law, there will be an initial period
of preparation, education, and consultation regarding operational requirements, system
modifications, staffing recruitment/training and administrative organization. It is anticipated that
Licensing staff will be prepared to commence with a public awareness campaign in Fall 2024.
The purpose of the campaign will be to engage property owners, renters, landlords, community
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partners, and stakeholders regarding the new regulations and provide relevant information,
guidelines, and application requirements. In addition, an online presence will be established on
the City's website and social media accounts to assist in getting key messaging out to the
community. Application intake will begin in January 2025 for those seeking an opportunity to
voluntarily comply with the new licensing regulations.
Part of staff's commitment is to continue to build a strong partnership with Conestoga College,
rental agencies, property management companies, renters, neighbourhood groups as well as
internal stakeholders, such as Building, By-law Enforcement, Fire and Planning. These
partnerships are important to allow for continued information sharing between Licensing, other
City business units, and shared accommodations about changing legislation and processes.
Such connections will also enable staff to be more up to date with respect to the changing
housing landscape, changes to housing strategies and policies, and what is or is not working for
rental property owners. This community engagement will help with gathering input from key
stakeholders on an ongoing basis in order for staff to be more proactive and responsive in
making changes to the by-laws, policies, and processes as needed.
Program Fees and Bylaw Review Period
Staff undertook a scan of existing Lodging House license costs and found that the existing
lodging house license fee may be cost -prohibitive. When determining fees, staff aimed to ensure
that the proposed fees offset administration costs, while respecting survey feedback that fees
not be too high, as the municipality is not seeking to create a profit. The proposed application
and renewal fees are included in Appendix B to this report.
The Shared Accommodation By-law and fees have been developed with the intention of having
a 3 -year review period. This will allow staff to develop a means by which to assess the overall
impacts of the licensing program. Key metrics would include number of licenses issued, permits,
inspections, staff time, calls for service, impacts on housing availability and affordability (where
possible), staffing implications and service impacts. Staff will also track their time to ensure the
fees associated with the program continue to be fair, accurate, and reflect a full cost -recovery
model. In addition, staff will ensure all aspects of the by-law continue to be relevant and make
any minor revisions or undertake additional modernization as needed.
As part of the 3 -year review, staff will also explore the potential expansion of the program to
encompass additional, or even all types, of rentals. This expansion consideration will be
including data collected through inspections, permits and service calls, and will allow us to make
informed decisions about the program's scope.
Staffing
Currently, there are only 20 licensed Lodging Houses in Kitchener and Short -Term Rentals are
not licensed by the City. Staff's initial projections are that there are a combined total of
approximately 1,100 unlicensed Lodging Houses and Short -Term Rentals operating in the City.
For the program to be successful, additional resources are required as there is currently no
capacity for the existing staff to administer, inspect, or enforce the proposed by-law.
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We have seen in a few instances where limited resources to implement a Short -Term Rental
program has been detrimental to the success of the program in meeting its objectives and
managing non-compliance. In completing a municipal scan, it becomes evident that the average
addition of 3 to 10 personnel as well as the implementation of host compliance software has
been requisite to effectively administer similar regulatory programs. As part of the new Shared
Accommodation Program, staff are requesting the addition of three (3) new staff that will be
directly associated with administering, inspecting, and enforcing the new bylaw as well as the
implementation of Granicus host compliance software. It is expected that the expenses related
to the FTEs and host compliance software is off set by the collection of licensing fees (Appendix
B). The staffing and host compliance software request will include:
New Licensing Inspector:
Legislated Services has 1 Full-time and 1 Temporary/Full-time Licensing Inspector who conduct
field inspections and investigations of persons, trades, occupations, and various brick and mortar
establishments to determine compliance with business licensing regulations. The Licensing
Inspectors are responsible for all proactive inspections of our existing 2500 licensed business
throughout the city in addition to identifying new businesses. They are also responsible for
reactive inspections and investigations based on complaints received by both internal and
external customers of both licensed and unlicensed businesses. Both inspectors have a
substantial caseload that would not allow them to take on the responsibility of Lodging Houses
and Short -Term Rentals without the addition of a new Licensing Inspector.
New Licensing Officer:
Legislated Services has 3 Licensing Officers who provide frontline customer service relating to
Marriage, Lottery and Business Licensing. Key responsibilities include ensuring compliance with
lottery regulations, annually process approximately 1700 marriage licence applications and 2500
business licence renewal applications. The Licensing Officers are at capacity with their current
portfolios and would not be able to accommodate the additional workload brought on by an
increased 1,100 applications submitted related to Lodging Houses and Short -Term rentals
without an addition to the staffing complement.
New Property Standards Officer:
Currently, By-law Enforcement has 8 Property Standards Officers on the team. Each Officer is
responsible for enforcing various by-laws including Lot Maintenance, Property Standards, and
Zoning which results in officers having an ongoing full caseload of various files that take a
significant amount of time and effort. In addition, they assist licensing with the inspection of
lodging houses and confirm compliance with the Property Standards and Lodging House By-
laws. The Property Standards Officers play a crucial role in ensuring the safety and functionality
of the lodging house. Their responsibility through inspections is to verify that these premises are
adequately maintained and kept in good repair. These inspections involve verifying application
information such as the number of bedrooms, number of occupants, the design of each shared
space within the property. Additionally, Officers confirm both the interior and exterior of the
property are maintained without deficiencies. With the existing high volume of files, the current
staffing model cannot accommodate an increased number of lodging houses and the addition of
short-term rentals unless a new staff person was added to the complement.
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Further financial details regarding the projected cost of the staffing complement, to be offset by
revenues, are included in the Financial Implications section of this report.
Granicus Host Compliance Software:
Staff is recommending that Granicus' Host Compliance software be sole sourced to assist with
ongoing monitoring of 60+ short-term rental websites including major platforms AirBnB, VRBO,
HomeAway, Booking.com, FlipKey, and Expedia. The software is currently in use by most
municipalities with a short-term rental program in effect and is a valuable resource to assist with
locating listings and providing address identification, owner contact information, listing activity
and monitor and map trends. This software is essential as most listings don't include an address
for the short-term rental which makes investigation and enforcement a cumbersome process.
This software assists in the identification of listings and where found to be unlicensed, the
property owner can be given a notice including photos and details of what was found to
encourage them to apply for a licence. Further financial details regarding the cost of the solution
are included in the Financial Implications section of this report.
Alignment with Other City Business
On December 14, 2020, as part of report DSD -20-214 Council approved Housing for All, the
City's first housing strategy which focused on what the city can do to address housing issues
including increasing and maintaining the supply of housing within the City of Kitchener while
supporting the Region of Waterloo. Housing for All contained over 40 actions the city can take
to help realize the right of housing. One of the strategy's actions is to report on the feasibility
and implications of reviewing and updating current lodging house policies.
In November 2023, Council referred updates to the Official Plan and Zoning By-law regarding
lodging houses to align with the timing of consideration of updates to licensing. The Official Plan
and Zoning By-law updates seek to remove the minimum distance separation (MDS)
requirement for lodging houses and permit lodging houses across the city where residential uses
are permitted. The by-law change facilitates a greater flexibility and accommodation within our
housing landscape. The removal of MDS may lead to an increase in the number of lodging
houses which may have service delivery and staffing implications for Licensing Services,
Property Standards and Fire Prevention. These service and staffing challenges are addressed
throughout the report.
The Shared Accommodation By-law was developed in coordination with the Planning and
Housing Policy Division. The collaborative approach is integral to the successful implementation
of this By-law and program. The Planning and Housing Policy Division's role in coordinating
changes to the Zoning By-law with the implementation of this licensing framework underscores
our commitment to collaboration and the establishment of regulations that work well together
within the community, reducing potential confusion.
The updates to the Official Plan and Zoning By-law as well as the creation of the proposed
Shared Accommodation By-law seek to implement the action items from Housing for All
Strategy.
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STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
If supported by Council the Shared Accommodation Program would have operating budget
financial implications associated with the cost of 3 full-time employees (salary and fringe
benefits) and host compliance software. Staffing includes a Business Licence Inspector
$102,687., Licensing Officer $90,973 and Property Standards Officer $131,120. and the
purchase of Granicus host compliance software $36,475. The recruitment of 3 full-time
equivalents (FTE's) to oversee the administration, inspection, and enforcement of the Shared
Accommodation By-law is a minimum requirement for ensuring the success of the program.
While the Shared Accommodation By-law will not come into effect until January 1, 2025 the
recruitment for these positions is expected to take place in Fall of 2024 in order to have the time
to complete the appropriate staff training, prepare, educate, and consult with stakeholders, make
system modifications, and implement the necessary processes and forms and make resources
publicly available for the program launch. The host compliance software would also be
implemented in Fall 2024 to allow for setup, configuration and online training. This will cause a
negative variance in 2024 of approximately $145,000 to be offset by other surpluses or the tax
stabilization reserve.
In 2025 the expenses relating to staffing and host compliance software would be offset by the
new licensing fees so there would be no budget impact.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
CONSULT — Staff used the EngageWR platform to solicit public feedback on Shared
Accommodations including changes to the current regulation of lodging houses, and short-term
rental accommodations. The engagement was low on these surveys but there were key themes
in responses surrounding safety and security, nuisance control, a need for resource guides for
tenants, the ability to submit online applications, lower licensing fees, and a necessity for short-
term rental stays beyond 30 days. As well, staff reached out to specific groups including, but not
limited to, as Conestoga Students Inc, House of Friendship, Lived Experience, Kitchener
Housing Inc., Waterloo Regional Police Services, Leadership Waterloo Region, Housing for All
sub -committee, The Working Centre, Lodging House owners, short-term accommodation
owners, and members of KW AirBnB. There will be a continuation of internal and external
stakeholder engagement associated with the implementation of the new Shared Accommodation
By-law. Staff will continue to reach out to impacted stakeholder groups where staff has identified
significant changes are needed to the licensing requirements. This will mean some properties
will be newly required to obtain a licence, or some will have changes to the existing licensing
requirements.
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COLLABORATE — Throughout the development of the Shared Accommodation By-law, staff
reached out to several internal stakeholder groups, including Building, By-law Enforcement, Fire
Prevention, Licensing, and Planning to solicit feedback and to incorporate suggestions to help
streamline processes. Staff also met with several external stakeholder groups to solicit feedback
on what concerns and additions they would like to see regulated. As part of the implementation
phase, staff will continue the partnership between Licensing Services and various stakeholders,
such as those City divisions that are part of the approval process, to work together on the
development of new applications and information packages, as well as being part of the public
education about the changes to the by-law and processes.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2023-446 City-wide Lodging House Review (OPA21/004/COK/AR,
ZBA21 /040/K/NG)
• DSD -2021-11 - Lower Doon land Use Study Recommendations Report
• DSD -20-214 - Housing for All - City of Kitchener Housing Strategy
• Municipal Act, 2001
• Planning Act
REVIEWED BY: Natalie Goss, Manager, Policy & Research
Katherine Hughes, Assistant City Solicitor
Gloria MacNeil, Director, By-law Enforcement
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Attachment A — Shared Accommodation By-law
Attachment B — Fees
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APPENDIX A TO COR -2024-233
BY-LAW OF THE
CORPORATION OF THE CITY OF KITCHENER
BY-LAW NO. 2024 -XXX
BY-LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF SHARED
ACCOMMODATIONS IN THE CITY OF KITCHENER.
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;
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NOW THEREFORE the Council of The Corporation of Kitchener enacts the following:
1. Definitions
"Additional Contact" means an agent, representative, or property maintenance
company who act for the Owner and is responsible for managing or addressing issues in
relation to the Licenced Premises.
"Adult" means an individual eighteen years of age or older.
"Administrative Penalty By-law" means the Administrative Penalty By-law of the City,
as amended from time to time, or any successor thereof.
"Agent" means a Person authorized in writing by an Owner or Operator to act on the
Owner's or group of Owner's behalf.
"Applicant" means the Person applying for a Licence or renewal of a Licence under this
by-law.
"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.
"Application Licence Fee" means a pre -determined fee approved by Council through
the User Fee Schedule that is paid by a Person as part of the Application for a Licence.
"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, group home of short term accommodation.
"Bedroom" means a room or area used, designed, equipped, or intended for sleeping.
"Building Code Act" means the Building Code Act, 1992, S.O. 1992. c.23
"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
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d) the display of samples, patterns, or specimens of goods for the purpose of sale or
hire.
"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.
"Chief Building Official" means the Chief Building Official of the City or their designate.
"Chief Fire Official" means the Chief Fire Official of the City or their designate.
"Chief of Police" means the Police Chief for the Waterloo Regional Police Services or
their designate.
"City" means The Corporation of the City of Kitchener.
"City Property" means property owned by the City.
"City Solicitor" means the City Solicitor of the City or their designate.
"Corporation" means a body incorporated pursuant to the Business Corporations Act,
R.S.O. 1990 c. B.16, or the Corporations Act, R.S.O. 1990, c. C.38.
"Council" means the elected officials comprising the municipal council of the City.
"Designated Provision" means any section of this by-law designated in accordance with
section 12.4 of this By-law.
"Director" means the Director of Legislated Services of the City or their designate.
"Dwelling" means a building or part thereof used or intended to be used as a residential
unit.
"Floor Plan" means a scale diagram of the arrangement of rooms in one story of a
building.
"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.
"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;
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"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.
"Guest" is an individual staying temporarily at a place that is not their primary residence,
and for the purpose of this by-law is at least 18 years of age.
"Health Approval" means the approval of the Region of Waterloo Public Health.
"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
"Human Rights Code" means the Human Rights Code, R.S.O. 19901, c. H.19, as
amended.
"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.
"Kitchen" means a room or area in a Licensed Premises with cooking facilities, which
may include a fridge, cooking devices, and sink.
"Licence" means a licence to engage in a Shared Accommodation issued under this By-
law and the termed "licensed" shall have a corresponding meaning.
"Licensed Premises" means the Premises referred to on a Licence.
"Licensee" means a Person who has been issued a Licence under this By-law.
"Licensing Appeal Tribunal" means a committee designated by Council for the purpose
of hearing any appeal under this By-law.
"Lodging House" 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.
"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:
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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
"Long-term Rental Accommodation" means any accommodation that does not fall
under one of the Schedules of this By-law and does not operate as a Lodging House or
a Short -Term Rental.
"Manager of Licensing" means the Manager of Licensing of the City or their designate.
"Medical Officer of Health" means the Medical Officer of Health for the Region of
Waterloo Public Health or their designate.
"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 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.
"Ontario Fire Code" means the Ontario Regulation 213/07: Fire Code, under the Fire
Protection and Prevention Act, 1997, S.O. 1997, c. 4.
"Owner" includes:
a) the registered owner of the property;
b) the person for the time being managing or receiving rent of the property, whether
on the person's own account or as agent or trustee of any other person, or who
would receive the rent if the property were let.
"Owner Occupied" means occupied by a least one individual, who is the registered
owner of the property, as their principal residence.
"Person" includes 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.
"Police Record 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.
"Premises" means land, Property or any part thereof including all Buildings or other parts
thereon.
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"Principal Residence" means the primary and permanent place of residence where an
owner or owners of a household predominantly reside and has designated the property
as their principal residence on their income tax filing, property bills, and in other
government records.
"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.
"Regulations of this By-law" means the provisions of this By-law including its schedules
that are applicable to a Business.
"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.
"Rental Unit" means a Dwelling or part thereof offered for Rent.
"Renter" means a Person who rents a Dwelling or Rental Unit.
"Renter's Code" means a set of guidelines and rules outlining the roles and
responsibility of Renters, Tenants and landlords in a rental agreement, or other type of
agreement, and shall include regulations and requirements in this By-law.
"Reservation" means a commitment or booking between a short-term rental operator
and a Renter that will reserve the short-term accommodation for the person's use for a
specified period of time.
"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.
"Shared Accommodation" means a dwelling or part thereof, accessory unit, or property
that is listed for rent, intended for rent or advertised for rent, and may include a Lodging
House or Short -Term Accommodation Rental.
"Shared Accommodation Owner" means the registered owner of a property in which
the unit or part thereof is a Rental Unit.
"Short-term Accommodation Rental" means a dwelling or part thereof used to provide
sleeping accommodations for any rental period that is less than 90 consecutive days in
exchange for Rent, but does not include Hotel, Lodging House, Motel, and Long -Term
Rental Accommodations.
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"Student Residence" means residences that are owned and operated by post-
secondary institutions.
"Temporarily" means for a limited period not exceeding 90 consecutive days.
"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.
2. Regulated Businesses
2.1 The Shared Accommodations set out in Schedule 1 are subject to the
requirements of this By-law and to the requirements of the applicable schedules
as shown therein.
2.2 The applicable requirements of a schedule to this By-law shall prevail over the
general requirements of this By-law to the extent of any conflict.
3.1 No Person shall:
a) own, operate, permit to be operated, or act in the capacity of a Shared
Accommodation set out in Schedule 1 without a Licence;
b) own, operate, permit to be operated, or act in the capacity of a Shared
Accommodation set out in Schedule 1 without complying with the
Regulations of this By-law;
c) operate a Shared Accommodation licensed under this By-law:
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 this By-law; or
iv. without complying with any and 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 Licenced Premises;
e) provide false or misleading information to the City when applying for a
licence under this by-law, renewing a licence or at any other time;
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f) hold themselves out as Licensed under this By-law without holding the
appropriate Licence;
g) advertise or permit the advertisement or operation of a Shared
Accommodation without a licence; or
h) advertise a Shared Accommodation without including the current licence
number in every advertisement.
3.2This By-law shall not apply to the following Shared Accommodations, 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. 0. 2000, c.27, as amended.
4. Licensing Requirements
4.1 An Applicant applying for a Licence shall submit the following to the Manager of
Licensing:
a) a complete Application in the form prescribed by the Manager, which shall
include the following information where applicable:
i) the Applicant's legal name;
ii) the Applicant's residential and mailing address;
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iii) the address of the Shared Accommodation;
iv) the ownership of the Shared Accommodation;
v) a photocopy of Government -Issued Identification;
vi) the telephone number and email address for the Owner and Applicant; and
vii) Additional Contact information including telephone number and email
address.
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) any other documents as required by the Regulations of this By-law; and
e) any documentation that may be required by the Manager of Licensing with
respect to investigations required pursuant to this By-law.
4.2 If not prescribed by the By-law, upon receipt of an Application, the Manager of
Licensing shall make or cause to be made all investigations which they deem
necessary.
4.3 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.
4.4 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 4.1 above and under Schedule 7.
4.5 Every Licensee shall:
a) post the Licence in a conspicuous place at the Licensed Premises;
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b) have an Additional Contact who is responsible for managing or addressing
issues in relation to the Owner's Licensed Premises and is available to
attend at all times within a period no greater than one hour for emergency
issues, and within three hours of non -emergency issues, and shall be
responsible for the day-to-day operations of the Shared Accommodation;
c) create and display the Renter's Code, which shall include the total number
of bedrooms permitted where applicable;
d) ensure that nothing is placed so as to obstruct access to the entrances and
the exits from the Licensed Premises;
e) ensure the number of cars do not exceed the legal amount of parking
spaces;
f) 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.
g) notify the Manager of Licensing within fourteen (14) days of any changes in
the ownership of the Licensed Premises;
h) Every Licensed Shared Accommodation shall comply 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;
i) All municipal taxes, licences, fines, or charges, and building permits for the
Licensed Shared Accommodation must be current and not outstanding
before a licence will be issued; and
j) comply with the conditions and restrictions placed on the Licence by the
Manager of Licensing or the Licensing Appeal Tribunal.
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5. Issuance of Licence and Grounds for Refusal
5.1 The Manager of Licensing shall receive and process all complete Applications for
a Licence.
5.2 Upon receipt of a complete Application, the Manager of Licensing shall either
issue, renew, or issue with conditions a Licence.
5.3 Except where otherwise provided herein, every Licence issued or renewed
pursuant to this By-law shall be issued in the name of Council by the Manager of
Licensing.
5.4 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.
5.5 The Manager of Licensing will deem an Application to be incomplete where:
a) required information has not been provided on the Application form;
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.
5.6 Where no action has been made to remedy an Incomplete Application by the
Applicant in the time specified by the Manager of Licensing the Application shall
be deemed abandoned. The Application will be cancelled, and any associated
Application Licence Fee will be deemed non-refundable.
5.7 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 Licensee of their right to appeal.
5.8 The Manager of Licensing may refuse an Application where:
a) an unsatisfactory report regarding an investigation carried out pursuant to this
By-law or any other applicable by-law of the City and any condition causing the
report to be unsatisfactory has not been remedied; or
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b) the past conduct of the Applicant affords the Manager of Licensing reasonable
grounds to believe that the Applicant has not or will not carry on their business
in accordance with applicable law or by-laws, or with integrity and honesty; or
c) the Dwelling 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) provided no pardon has been granted with respect to the conviction, the
Applicant has been convicted of an offence that relates in any way to the
business; or
e) the Licence has been suspended or revoked by the Manager of Licensing or
the Licensing Appeal Tribunal.
6. Terms of Licence
6.1 A licence issued pursuant to the provisions of this By-law 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 By-law.
6.2 Where a Person sells or transfers ownership of a Shared Accommodation to
another Person, the Licence issued for that Dwelling shall be void upon transfer.
7. Revocation and Suspension
7.1 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.
7.2 The Manager of Licensing may revoke or suspend a Licence where:
a) the Manager of Licensing is of the opinion that the Dwelling poses a threat
to the health and safety of the public, Renters, or Guests;
b) the Licence was issued in error;
c) the Licensee has violated any of the provisions of this By-law or any other
applicable laws;
d) any conditions placed on the Licence have been violated;
e) the Licence was issued upon provision or receipt of false or misleading
information.
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7.3 If appealed, Renters residing in the Licensed Premises may continue to reside in
the 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.
8. Appeal
8.1 All appeals shall be submitted in writing to the Manager of Licensing within 14
days from the notification issued by the Manager of Licensing.
8.2 The Licensing Appeal Tribunal is adjudicated by a committee designated by
Council.
8.3 The decision of the Licensing Appeal Tribunal is final and binding.
8.4 If the Manager of Licensing refuses a Licence, the Applicant shall have the right
to appeal the decision to the Licensing Appeal Tribunal.
8.5 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 By-law or
any 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 Shared Accommodation in
accordance with the law, or with honesty and integrity;
d) any Licensee has contravened this By-law or any other by-law or federal or
provincial statue or regulations while engaged in or conducting the business
at the Shared Accommodation;
e) the Applicant or Licensee has been convicted of an offence that relates in
any way to the Licenced Premises 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 By-law have not been met; or
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g) the provisions of this By-law provide grounds not to issue or renew.
8.6 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.
8.7 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 By-law 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 By-law 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 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 business in accordance with
the law or with honesty and integrity;
g) without limiting the generality of section 8.5 (f), any Person, including the
officers, directors, employees or agent of a corporation, has contravened
this By-law or any other by-law of the City or federal or provincial statue or
regulation while engaged in or conducting the business of the Shared
Accommodation;
h) any special conditions placed by the Manager of Licensing, on a former or
current Licence of the Applicant or Licensee under this By-law have not
been met;
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i) the provisions of this By-law 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.
8.8 No Person shall violate any conditions that the Manager of Licensing or the
Licensing Appeal Tribunal has placed on a Licence issued under this By-law.
8.9 For the purpose of section 8.6, the Person's last known address and email address
shall be deemed to be those provided pursuant to section 4.1 of this By-law 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.
9. Inspections
9.1 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 premises used for the carrying on of any business in respect
of which a person is required to be licensed under this By-law.
9.2 No person shall obstruct or hinder or cause to be obstructed or hindered any
person or persons designated under this By-law to perform their duties.
9.3 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 By-law;
b) a direction or order of the City made under the Municipal Actor 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.
9.4 For the purpose of an inspection of any premises to which any provision of this
By-law 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;
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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.
10. Orders
10.1 Where the Manager of Licensing has reasonable grounds to believe that a
contravention of this By-law has occurred, the Manager of Licensing may make an
Order requiring the Person who contravened this By-law, 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.
10.2 An Order under section 10.1. of this By-law shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention 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.
10.3 An Order under section 10.1. of this By-law may require work to be done even
though the facts which constitute the contravention of this By-law were present
before this By-law came into force.
10.4 No Person shall fail to comply with an Order under section 10.1 of this By-law.
10.5 Any Order pursuant to this By-law 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.
10.6 For the purpose of section 10.5, the Person's last known address and email
address shall be deemed to be those provided pursuant to section 4.1 of this By-
law 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.
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11. Enforcement
11.1 Council hereby authorizes the Waterloo Regional Police Services or any Officer
thereof to act as agent for the City, as necessary, for the purpose of enforcing this
By-law.
11.2 The Manager of Licensing is hereby charged with the responsibility for the
enforcement of this By-law 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 the Manager of Licensing any reasonable assistance in
that regard.
12. Offences and Penalties
12.1 Every Person, excluding a corporation, who contravenes any provision of this
By-law or an Order made under this By-law 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).
12.2Every corporation that contravenes any provision of this By-law or an order
made under this By-law is guilty of an offence and is liable, upon conviction,
to a fine not exceeding Fifty Thousand Dollars ($50,000).
12.3No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
12.4Sections 3.1, 8.8, 9.2 and 10.4, inclusive of all subsections thereunder, of this
By-law are hereby designated as parts of this by-law to which the
Administrative Penalty By-law applies.
12.5Any person who contravenes any Designated Provision of this by-law 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.
13.Collection of unpaid fines
13.1 Pursuant to section 441 of the Municipal Act, if any part of a fine for a
contravention of this By-law 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 imposed a written notice specifying the
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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.
13.21f 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.
14.Schedules
10.2 The schedules attached to this By-law shall form part of this By-law.
15. Short Title
a. This By-law shall be known as the "Shared Accommodation By-law".
16.Severability
a. If a Court of competent jurisdiction should declare any section or part of a section
of this By-law 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 By-law
and it is hereby declared that the remainder of this By-law shall be valid and shall
remain in full force and effect.
17. Repeal
a. By-law 2004-250 and the contents of the Chapter 553 are hereby repealed
as of January 1, 2025.
18. Coming into force
a. This By-law shall come into force and effect on January 1, 2025.
19. Transitional Provisions
a. Notwithstanding any other provisions of this By-law, 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;
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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 20.1.b), or a penalty, forfeiture, or
punishment described in section 20.1.c).
19.2An investigation, proceeding, or remedy described in section 20.1. d) may be
commenced, continued, or enforced as if the by-law or chapter had not been
repealed or revoked.
19.3A penalty, forfeiture, or punishment described in section 20.1. c) may be
imposed as if the by-law or chapter had not been repealed or revoked.
19.4A Licence issued under any by-law or chapter of the Municipal Code, as
amended, shall be deemed a Licence under this by-law and shall be subject
to all provisions of this By-law, but shall expire on the earlier of the two dates:
a) The expiry date stated on the licence; or
b) January 1, 2025.
20 Municipal Code
20.1 The Clerk of the City is hereby directed to make this By-law 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 Code.
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SCHEDULE 1
TYPES OF SHARED ACCOMMODATION REQUIRING A LICENCE
TYPE OF SHARED ACCOMMODATION
REGULATIONS
Lodging House
Schedule 5
Short -Term Accommodation Rental
Schedule 6
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SCHEDULE 2
CRIMINAL RECORD AND JUDICIAL MATTERS CHECK
1. This schedule shall apply to those Persons 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 that the Person resides;
c) must be obtained by the Applicant 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 each director, officer or shareholder who holds
50% or more of the issued shares in the corporation.
2. The Criminal Record and Judicial Matters shall only be considered valid if it is
completed within six (6) months of the date of Application.
3. 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.
4. Any Criminal Record and Judicial Matters that is completed in a foreign language must
be translated and notarized.
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SCHEDULE 3
INSURANCE
1. This schedule 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.
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SCHEDULE 4
FLOOR PLANS
1. This schedule 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 Shared Accommodation:
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.
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SCHEDULE 5
LODGING HOUSE
1. In addition to the licensing requirements set out in section 4 of this By-law; an
Applicant for a Lodging House Licence shall supply the following:
a) Criminal Record and Judicial Matter Check;
b) Proof of Insurance;
c) Floor Plan;
d) Fire Approval;
e) Planning Approval; and
f) Property Standards Approval.
2. Every Lodging House Licensee Shall:
a) ensure the Building area shall not exceed six hundred (600) square metres and
the Building shall not exceed three (3) storeys in height;
b) ensure that the aggregate bedroom floor area is maximum 50% of the gross
floor area;
c) 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;
d) ensure that the each bedroom has:
i) a minimum floor area of 7 square metres; and
ii) no more than 2 Adults per bedroom;
e) ensure that all Renters have access to any kitchen and bathroom;
f) ensure that each bedroom shall have a door that is capable of being locked;
g) maintain written leases with only one (1) Renter per lease, unless the Renter is
under the age of sixteen (16) years, in which case a parent or guardian may
execute a lease on their behalf;
h) have a separate Licence for each Lodging House location.
3. No Lodging House Licensee shall:
a) permit any room to be used as a bedroom except where a bedroom has been
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indicated on the licence application;
b) permit an occupancy greater than the number of which the premises was licensed
pursuant to this By-law;
c) operate a Business within or on the Licensed property.
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SCHEDULE 6
SHORT-TERM ACCOMMODATION RENTAL
1. In addition to the licensing requirements set out in section 4 of this By-law; an
Applicant for a Short -Term Accommodation (STA) Licence shall supply the following:
a) for a Class "A" Licence:
i. Proof of Principal Residence;
ii. Criminal Record and Judicial Matters Check;
iii. Proof of Insurance
iv. Floor Plan;
V. Fire Approval;
vi. Planning Approval; and
vii. Property Standards Approval.
b) For Class "B" Licence:
i. Criminal Record and Judicial Matters Check;
ii. Proof of Insurance
iii. Floor Plan;
iv. Fire Approval;
V. Planning Approval: and
vi. Property Standards Approval.
2. STA - Class "A" (Principal Residence) Licensee may:
a) operate up to a maximum of 365 days in a calendar year;
b) operate up to 30 days consecutive, with the option to permit two
additional 30 consecutive days up to a maximum of 90 days
consecutive;
c) rent up to five (5) bedrooms; and
d) rent up to two (2) Guests per bedroom, with a maximum of 10 Guests total;
and
e) only hold a maximum of 1 Class "A" licence.
3. STA - Class "B" (Non -Principal Residence) Licensee may:
a) operate up to a maximum of 365 days in the calendar year;
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b) operate up to 30 days consecutive, with the option to permit two (2)
additional 30 consecutive days up to a maximum of 90 days consecutive;
c) rent up to three (3) bedrooms;
d) rent up to two (2) Guests per bedroom, with a maximum of six (6) Guests
total; and
e) rent a secondary dwelling unit.
4. A Short-term Accommodation Licence will not be granted for any accessory structure,
such as a shed, garage or recreational vehicle.
5. A Short-term Accommodation Licence will only be granted where approved to the
registered owner(s) of the STA.
6. Every Short -Term Accommodation Licensee shall keep a register of all guests
staying at the STA that will be available upon request by the Manager of Licensing
and shall include:
i. Date(s) of entry and exit of the guest(s);
ii. Number of Guests per Reservation;
iii. Length of stay;
iv. Name and address of Guest(s);
V. Licence plate(s), if applicable; and
vi. ensure all records are kept for a minimum of two (2) years.
7. Every Short -Term Accommodation Licensee shall ensure that the STA is maintained
in a clean and hygienic manner and in a state of good repair.
8. Every Short -Term Accommodation Licensee shall ensure that each bedroom has a
minimum floor area of 7 square metres.
9. Every Short -Term Accommodation Licensee shall maintain the privacy of its guests,
and where security cameras are present shall:
a) provide notice to the guests that security cameras are in use on the
premises;
b) place signage in a conspicuous place that security cameras are
present;
c) ensure that security cameras are not installed or positioned in areas
where individuals have a reasonable expectation of privacy, such as
bedrooms, bathrooms or changing areas; and
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d) ensure compliance with all applicable municipal, provincial, and federal
laws, regulations, and guidelines governing the use of security camera
and protection of privacy.
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SCHEDULE 7
RENEWAL REQUIREMENTS
In addition to the licensing requirements set out in article 4 of this Chapter, a
completed Application for a Licence renewal shall be accompanied by the listed
requirements and approvals and shall be submitted by the listed due date.
TYPE OF LICENCE
REQUIREMENTS/APPROVALS
DUE DATE
Lodging House
. Fire Approval
1 calendar year after the
• Property Standards
date of issuance or the
Approval
expiry date as listed on the
licence.
• Planning Approval
• Insurance
• Criminal Record Check
• Application Licensing Fee
Short -Term
. Fire Approval
1 calendar year after the
Accommodation Rental
• Property Standards
date of issuance or the
Approval
expiry date as listed on the
licence.
• Planning Approval
• Insurance
• Criminal Record Check
• Application Licensing Fee
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APPENDIX B TO COR -2024-233
PROPOSED SHARED ACCOMMODATION LICENSING FEES
LICENCE TYPE (NEW):
COST FOR LICENCE
PROJECTED
NUMBER
TOTAL
LODGING HOUSE
$750
150-300
$112,500-$225,000
SHORT-TERM RENTAL
Class A - $450
800
$360,000-$600,000
BLUE MOUNTAIN
Class B - $750
NIAGRA ON THE LAKE
$279 (PER BEDROOM)
LICENCE TYPE (RENEWAL):
COST FOR LICENCE
LATE
LODGING HOUSE
$525
$655
SHORT-TERM RENTAL— Class A
$225
$355
SHORT-TERM RENTAL—Class B
$525
$655
COMPARATOR:
FEE:
WATERLOO
$420-$720
LONDON
$193
VAUGHN
$200-$6,637
HAMILTON
$875-$1006
KAWARTHA LAKES
$150-$1500
BLUE MOUNTAIN
$2400
NIAGRA ON THE LAKE
$279 (PER BEDROOM)
OAKVILLE
$273 - $46,300 (PLATFORM)
NORTH BAY
$600
RAMARA
$3000
AVERAGE FEE
$1,560.20
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