HomeMy WebLinkAboutCOR-2024-288 - Supplemental Report - Shared Accommodation By-lawStaff Report
r
NJ :R
Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Amanda Fusco, Director, Legislated Services 519-741-2200 ext. 7809
PREPARED BY: Kristin VanDerGeld, Manager of Licensing, 519-741-2200 ext. 7854
WARD(S) INVOLVED: ALL
DATE OF REPORT: June 13, 2024
REPORT NO.: COR -2024-288
SUBJECT: Supplemental Report Shared Accommodation By-law
RECOMMENDATION:
That the new Shared Accommodation By-law be approved in the form shown attached to
Corporate Services report COR -2024-288 as Appendix "A" and added to the Municipal
Code; and,
That the fees set out in Appendix "B" of staff report COR -2024-288 be approved; and,
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
further,
The purchase of Granicus host compliance software to assist with ongoing monitoring
and enforcement of short-term rental platforms be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide additional information as requested by the
Planning and Strategic Initiatives Committee at the June 3, 2024, meeting.
• Staff met with delegates to further understand their submissions from the Planning and
Strategic Initiatives Committee meeting held on June 3, 2024.
• Staff continues to recommend the Shared Accommodation By-law proposed through
report COR -2024-233 with some minor amendments as noted in this report.
• Planning staff continues to recommend Official Plan Amendment OPA21/004/CK/AR and
Zoning By-law Amendment ZBA21/040/K/NG proposed through report DSD -2024-249.
BACKGROUND:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 33 of 198
On June 3, 2024, the Planning and Strategic Initiatives Committee (PSIC) considered report
COR -2024-233 (Shared Accommodation By-law) and report DSD -2024-249 (City-wide Lodging
House Review) which sought approval to allow lodging houses city-wide in conjunction with a
proposed licensing framework that would regulate both lodging houses and short-term rentals in
the form of a Shared Accommodation By-law. Supplemental information was requested by
members of PSIC regarding the proposed by-law and staff were directed to further engage with
the delegates regarding their submissions at the meeting. Staff had further discussions with the
delegates to further understand their respective submissions and provide clarity on the proposed
regulations.
REPORT:
Staff are recommending modifications to the proposed Shared Accommodations By-law
(Appendix A) that could be made to reduce barriers for Shared Accommodation owners while
maintaining the intent of the program and supporting the City's ability to ensure public safety,
consumer protection, and nuisance control. The recommended modifications have been noted
as a result of further dialogue with the delegates and include namely regulation clarity,
adjustments to application requirements, and by-law amendments.
Lodging House (Schedule 5) Amendments:
Item Requested
Proposed Modifications
• Gross floor area requirement is too
• Gross floor area requirement for common
high and existing lodging houses
living space has been removed.
would not meet requirement.
• Clarity regarding regulation "ensure
• "ensure that no Renter(s) has the
that all Renters have access to any
exclusive use of both a kitchen and
kitchen and bathroom."
bathroom."
• Clarity around lease agreement
• maintain a written lease with only one (1)
requirements.
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.
• Clarity around regulation "ensure
• "ensure that each bedroom has a door
that each bedroom shall have a door
that is capable of being locked from the
that is capable of being locked."
inside and the outside."
• Clarity regarding regulation "permit
• "permit any room to be used as a
any room to be used as a bedroom
bedroom except where a bedroom has
except where a bedroom has been
been indicated and approved on the
indicated on the licence application."
submitted floor plan."
Page 34 of 198
In addition to the proposed changes, staff have confirmed that Building Approval for new
applications will occur to address further concerns around building safety.
Short-term Accommodation Rental (Schedule 6) Amendments:
Item Requested
Proposed Modifications
• Increase bedroom limit (3 bedrooms)
• Bedroom limit increased to 4.
for Class B licence.
Shared Accommodation applications.
• Remove requirement for a licensee to
• Requirement removed.
maintain a register of all guests as this
new Shared Accommodation
information is not provided by many
application. Building and Fire can
platforms.
assist existing licensed lodging house
New Application Requirements Amendments:
Item Requested
Proposed Changes
• Remove Police Clearance
• No change proposed for any new
requirement.
Shared Accommodation applications.
• Remove floor plan requirement for
• Floor plans will be required with every
existing licensed lodging houses.
new Shared Accommodation
application. Building and Fire can
• Decrease number of inspections
assist existing licensed lodging house
owners with satisfying this
requirement if needed.
Renewal Application Requirement Amendments:
Item Requested
Proposed Changes:
• Remove Police Clearance
• Required every 3rd renewal period for
requirement.
all Shared Accommodations.
• Remove Floor Plan Requirement
• Only required on renewal if changes
to building layout have occurred since
the last application submission.
• Decrease number of inspections
• A Fire Checklist as opposed to
inspection is required on renewal for
all Shared Accommodations.
• Property Standards Inspection
required annually for Lodging Houses
and every 24 months for STR's.
Supplemental Information Requested:
1. Grandfathering:
Page 35 of 198
The current Lodging House By-law will be repealed, and staff continue to recommend that all
existing licensed lodging house owners comply with the new proposed framework and
application requirements. Upon further dialogue with the delegate on the lodging house matter,
they indicated that they were satisfied with the modifications outlined in this report and as such
grandfathering no longer needs to be explored. Grandfathering will perpetuate outdated
practises and will negatively impact the intent of the new licensing framework which is health
and safety and would add additional red tape or complications to the process.
Grandfathering relies on the concept of pre-existing conditions or entities being exempt form
new regulations or standards where the pre-existing condition legally existed in accordance with
existing rules. If a particular use or practice didn't exist previously or there were no rules to
govern its use, such as with Short-term Rental Accommodations, there's nothing to grandfather.
2. Additional Bathrooms & Cookina Facilities:
There is no provision(s) in the Ontario Building Code, Fire Code, Ontario Human Rights Code,
or Residential Tenancies Act that would require a property owner to increase the number of
kitchens and/or bathrooms based on the number of proposed bedrooms. Requiring owners to
retrofit their property with additional amenities outside of code requirements would likely result
in a change of configuration of the existing property and would result in the reduction in number
of available lodging units. While shared access to amenities may pose an inconvenience to
tenants, it would not amount to a breach of those tenants' human rights as protected under the
Ontario Human Rights Code.
3. Insurance Requirements:
Proof of insurance as part of the business licensing process is a standard practice in many
municipalities. It's a way to ensure that businesses have adequate protections in place for
potential risks and liabilities. This practice is aimed at safeguarding both the interests of the
business owners and the community they serve. This application requirement is in place for
many other business types that the City currently licenses and it has been met with minimal
resistance.
4. Existing Licensed Lodging Houses:
There are currently 15 licensed lodging houses throughout the City (2 in ward 4, 6 in ward 9, 7
in ward 10).
5. Booking Length Maximum — 90 Days:
The definition of short-term rental period varies depending on the jurisdiction, but most area
municipalities classify it as being between 28-30 days. During our consultation phase staff heard
that 30 days was too short and there was a need in the housing market to accommodate longer
stays for reasons that would not align with a long-term rental agreement such as family of
international students, insurance claims, or renovations. Data obtained through AirDNA reflected
over the last year the average stay was 4 nights. However, a rental period of up to 90 consecutive
Page 36 of 198
days allows for some flexibility without venturing into the long-term rental market which often
requires a fixed term lease of 1 year or more.
6. Bedroom Limits:
Most municipal comparators that have enacted a licensing by-law for short-term rentals restrict
them to a principal residence only and cap the number of days they can operate. Staff are
proposing to permit both principal residence and non -principal residence short-term rental
accommodations as they provide a type of flexible housing stock and meet a need in our
community. However, staff is proposing to limit the number of bedrooms/guests to promote
safety, limit noise and disruption, and to balance the interests of residents, visitors, and the
community. The limits proposed are 5 bedrooms (maximum 10 occupants) for a principal
residence and 4 bedrooms (maximum of 8 occupants) for a non -principal residence. It was
verified through data sourced by AirDNA that properties with 4-5 bedrooms account for 5% of
listings on the major platforms. Top platforms have also indicated that more than 4 bedrooms
is unusual outside of vacation markets.
7. Disclosure of Information:
All licensed Shared Accommodations will be listed on the City's website alongside the last
inspection date. No further information will be provided online to the public as this process would
be onerous to maintain and there is unclear relevancy/purpose of such information. There are
already mechanisms in place to release requested data through the access request process.
Furthermore, enforcement orders issued to a property owner can also be released to impacted
parties such as tenants, property managers, or mortgage companies where appropriate. A copy
of these orders can also be posted at a property where applicable.
The contact information for both the licensee and alternate emergency contact will be required
to be posted at the shared accommodation as part of the Renter's Code.
Staff are not proposing the collection of personal contact information of renters as part of the
application process for reasons such as privacy, renter turnover and relevance. Lease
agreements as outlined in the by-law can be requested as required for enforcement purposes.
8. Evictions:
The focus of the proposed by-law is health and safety and to promote compliance. In the instance
of non-compliance there are other avenues staff can pursue such as fines through the
Administrative Monetary Penalties System (AMPS), charges through the Provincial Offences Act
(POA) court, conducting repair work on an owner's behalf and invoicing in the same manner as
municipal taxes, or placing conditions on a licence. Revoking a licence would be considered as
a last resort and only after all other avenues have been exhausted or in the event of a life safety
concern. While the City can revoke a licence, the eviction process would still be governed
through the Residential Tenancies Act. In the event of a displacement staff would assist with
connecting tenants with community resources/alternative housing arrangements.
10601111111111111 037=12 23=0 0 1
Page 37 of 198
Staff are committed to reporting back on an annual basis to assess the overall impacts of the
licensing program. This will include statistics on the uptake of licenses, staffing implications,
fees, potential expansion of the program, and to make any process revisions or amendments as
needed.
10. Minimum Parking requirements for Lodging Homes:
In addition to the municipal scan of Zoning By-laws that was conducted to inform the planning
staff recommended parking rate for lodging homes as outlined in report DSD -2023-446, planning
staff have reviewed the City of Ottawa's draft Zoning By-law (released in May 2024), the City of
Edmonton's Zoning By-law (2023), and the City of Barrie's draft Zoning By-law (2023) which
propose no parking minimums in Ottawa and Edmonton and 1 parking space per dwelling unit
(which includes a lodging home) in Barrie. Below is a table with minimum parking rate options
for Council's consideration.
Option
Rate
Option 1— Staff
1 per lodging house
Recommendation
(No minimum in SGA =ones)
Option 2 — Status Quo
1 space per 63m2 of
(2019-051)
GFA*
(No mininnmm in SGA =ones)
Option 3 — Approved 4
0 spaces within 800m
Units Rates
of LRT station
0.3 spaces in RIENS
area
0.6 spaces
elsewhere**
*For example, a lodging home of a size of approximately 2,800ft2 (264m2) would require 5 parking spaces
**Due to rounding provisions in the Zoning By-law, this would result in 1 space per lodging home
Planning staff continue to recommend 1 parking space per lodging home (option 1) but do not
have a concern with establishing parking minimums for lodging homes that are the same as the
4 -unit rates (option 3).
Staff met with delegates to better understand their concerns, and where possible have
recommended modifications to the proposed licensing by-law as outlined in this report. Staff
reconfirm that that we will monitor the implementation of the Shared Accommodation By-law and
report back to Council with any recommended adjustments. Providing an updated land use and
licensing framework for lodging homes and for short-term rentals is the first step in ensuring safe
accommodations.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Page 38 of 198
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.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2024-249 Supplemental Report to DSD -2023-446 — City-wide Lodging House
Review
• DSD -2023-446 City-wide Lodging House Review (OPA21/004/COK/AR,
ZBA21 /040/K/NG)
• COR -2024-233 — Shared Accommodation By-law
• 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
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Attachment A — Shared Accommodation By-law
Attachment B — Fees
Page 39 of 198
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;
NOW THEREFORE the Council of The Corporation of Kitchener enacts the following:
Page 40 of 198
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
d) the display of samples, patterns, or specimens of goods for the purpose of sale or
hire.
Page 41 of 198
"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;
"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
Page 42 of 198
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:
a) is designed for the exclusive use of the resident or residents of the unit;
Page 43 of 198
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 the registered owner of the property.
"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.
"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.
Page 44 of 198
"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.
"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
Page 45 of 198
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. Prohibitions
IOA001rem azTffoMOII
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;
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
Page 46 of 198
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;
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.
Page 47 of 198
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) other such documents as the Manager of Licensing may require including,
without limitation, the documents set out in 4.1.
4.5 Every Licensee shall:
a) post the Licence in a conspicuous place at the Licensed Premises;
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;
Page 48 of 198
e) ensure the number of parking spaces provided are in accordance with the
Zoning By-law;
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.
Page 49 of 198
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
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
Page 50 of 198
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.
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
Page 51 of 198
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
g) the provisions of this By-law provide grounds not to issue or renew.
Page 52 of 198
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;
i) the provisions of this By-law provide grounds not to issue or renew in the
circumstances; or
Page 53 of 198
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;
c) require information from any person concerning a matter related to the
inspection; and
Page 54 of 198
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.
Page 55 of 198
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
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.
Page 56 of 198
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;
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,
Page 57 of 198
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.
19AA 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.
Page 58 of 198
SCHEDULE 1
TYPES OF SHARED ACCOMMODATION REQUIRING A LICENCE
TYPE OF SHARED ACCOMMODATION
REGULATIONS
Lodging House
Schedule 5
Short -Term Accommodation Rental
Schedule 6
Page 59 of 198
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 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.
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.
Page 60 of 198
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.
Page 61 of 198
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.
Page 62 of 198
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;
f) Building Approval; and
g) Property Standards Approval.
2. Every Lodging House Licensee Shall:
a) ensure the building area does not exceed six hundred (600) square metres and
the building does not exceed three (3) storeys in height;
b) 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;
c) ensure that each bedroom has:
i) a minimum floor area of 7 square metres; and
ii) no more than 2 Adults occupants;
d) ensure that no Renters have the exclusive use of both a kitchen and bathroom;
e) ensure that each bedroom has a door that is capable of being locked from the
inside and the outside;
f) 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.
g) have a separate Licence for each Lodging House location.
Page 63 of 198
3. No Lodging House 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 By-law;
c) operate a Business within or on the Licensed property.
Page 64 of 198
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 thirty (30) days consecutive, with the option to permit two
(2) additional thirty (30) consecutive days up to a maximum of ninety
(90) days consecutive;
b) rent up to five (5) bedrooms; and
c) rent up to two (2) Guests per bedroom, with a maximum of ten(10) Guests
total; and
d) only hold a maximum of one (1) Class "A" licence.
3. STA - Class "B" (Non -Principal Residence) Licensee may:
a) operate up to thirty (30) days consecutive, with the option to permit two (2)
additional thirty (30) consecutive days up to a maximum of ninety (90)
days consecutive;
b) rent up to four (4) bedrooms;
c) rent up to two (2) Guests per bedroom, with a maximum of eight (8) Guests
total; and
Page 65 of 198
d) 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 ensure that the STA is maintained
in a clean and hygienic manner and in a state of good repair.
7. Every Short -Term Accommodation Licensee shall ensure that each bedroom has a
minimum floor area of 7 square metres.
8. 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
d) ensure compliance with all applicable municipal, provincial, and federal
laws, regulations, and guidelines governing the use of security camera
and protection of privacy.
Page 66 of 198
APPENDIX B TO COR -2024-288
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
Page 67 of 198