HomeMy WebLinkAboutCOR-2024-344 - Lodging House By-law
Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: August 12, 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: July 12, 2024
REPORT NO.: COR-2024-344
SUBJECT: Lodging House By-law
RECOMMENDATION:
That the Lodging House By-law be approved in the form shown attached to staff report
COR-2024- to COR-2024-344,
-2024-344 be approved; and
That the request for two (2) Full Time Equivalents (FTEs) to support the administration,
inspection, and enforcement of the Lodging House By-law be approved as part of the
2025 Budget.
REPORT HIGHLIGHTS:
The purpose of this report is to provide follow-up as requested by the Committee of the
Whole at the June 24, 2024, meeting.
Staff have separated the lodging house provisions from the Shared Accommodation By-
law as proposed in staff report COR-2024-233 and COR-2024-288 to create a stand-
alone Lodging House By-law.
The proposed Lodging House By-law compliments the recent amendments to
Official Plan and Zoning By-Law to permit lodging houses city-wide in all residential
zones.
BACKGROUND:
On June 24, 2024, the Committee of the Whole considered report COR-2024-288 (Supplemental
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. While the
By-Law to permit lodging houses city-wide in all residential zones were approved, staff were
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directed to separate the proposed licensing regulations for Lodging Houses into a stand-alone
by-law.
REPORT:
This staff report includes a new by-law for Lodging Houses that aims to improve the ability to
ensure public safety, consumer protection, and nuisance control while also reducing barriers for
property owners. Some of the key changes include more robust licensing requirements,
enhanced property maintenance measures, enhanced safety measures by way of mandatory
inspections, advertising requirements, the implementation of a Lodging House Handbook and a
Dedicated Responsible Person. Based on feedback received, licensing fees have been reduced
and the ability to apply online through our public portal will be made available for applicants.
The proposed updates to licensing for Lodging Houses aligns with the updates to the Official
Plan and Zoning By-Law to permit lodging houses city-wide in all residential zones.
Currently, there are only 15 licensed Lodging Houses in Kitchener.
that there are approximately 150-300 unlicensed Lodging Houses 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 now that it applies city-
wide. Further financial details regarding the projected cost of the staffing complement are
included in the Financial Implications section of this report.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
If supported by Council the Lodging House Program would have operating budget financial
implications associated with the cost of 2 full-time employees (salary and fringe benefits).
Staffing includes a Business Licence Inspector $102,687 and Property Standards Officer
$131,120. The recruitment of 2 full-
inspection, and enforcement of the Lodging House By-law is a minimum requirement for
ensuring the success of the program. Staff is recommending that given the city-wide application
of lodging house licensing, and the enhanced licensing requirements in the proposed by-law that
two additional staffing be approved as part of the 2025 budget. This approval would allow staff
to recruit for these positions in December 2024 to have staff in place for the program launch on
January 1, 2025.
Based on the estimated number of 150-300 new Lodging House applications the anticipated
licensing revenue generated will be between $112,500 - $225,000. The licensing fees will be
used for expenses relating to staffing, however additional funding required will be offset by any
divisional/departmental surpluses or the tax stabilization reserve.
PREVIOUS REPORTS/AUTHORITIES:
COR-2024-288 Supplemental Report Shared Accommodation By-law
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
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Attachment A Lodging House By-law
Attachment B Lodging House Licensing Fees
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
LODGING HOUSES IN THE CITY OF KITCHENER.
WHEREAS it is deemed expedient to exercise the powers conferred on Council by the
Municipal ActMunicipal 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:
1. Definitions
means an individual eighteen years of age or older.
- means the Administrative Penalty System for
Violations of Non-Parking By-laws, By-law Number 2024-001 of the City, as amended
from time to time, or any successor thereof.
means a Person authorized in writing by an Owner or Operator to act on the
s
means the Person applying for a Licence or renewal of a Licence under this
By-law.
shall include any Application for a Licence or renewal of a Licence on the
form provided by the Manager of Licensing, or their designate, and such application being
to the satisfaction of the Manager of Licensing and in accordance with the requirements
set out in this By-law.
means a pre-determined fee as adopted by Council by way
of a User Fee Schedule as part of the budget that is paid by a Person as part of the
Application for a Licence.
means a home occupation that provides overnight accommodation
of the traveling public, or temporary living accommodations, and shall not include a hotel,
lodging house, or group home.
means a room or area used, designed, equipped, or intended for sleeping.
means the Building Code Act, 1992, S.O. 1992. c.23, as amended.
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.
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.
means the Chief Building Official of the City or their designate.
means the Chief Fire Official of the City or their designate.
means the Police Chief for the Waterloo Regional Police Services or
their designate.
means The Corporation of the City of Kitchener.
City Solicitoricitor of the City or their designate.
means a body incorporated pursuant to the Business Corporations Act,
R.S.O. 1990 c. B.16, the Corporations Act, R.S.O. 1990, c. C.38, the Not-for-Profit
Corporations Act, 201, S.O. 2010, c. 15, or other applicable Federal or Provincial Act, as
the case may be.
means the elected officials comprising the municipal council of the City.
Criminal Record and Judicial Matters Checkmeans a police record check or criminal
record and judicial matter check issued to the Applicant by the police service in whose
jurisdiction the Applicant resides in accordance with the requirements of this By-law.
means a Person who is either the Owner/Licensee
or an agent, representative, or property maintenance company who is authorized to act
on behalf of the Owner/Licensee and who is responsible for managing or addressing
issues in relation to the Licenced Premises.
means any section of this By-law designated in accordance
with section 11.4 of this By-law.
means the Director of Legislated Services of the City, their successor in title,
or their designate.
Unit means a building or part thereof used or intended to be used as a
residential unit.
a scale diagram of the arrangement of rooms in one story of a
building.
-Issued means an official document issued by a
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;
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.
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.
means the Ontario Human Rights Code, R.S.O. 1990, c. H.19,
as amended.
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.
means a room or area in a Licensed Premises with cooking facilities, which
may include a refrigerator, cooking devices, and sink.
means a licence to operate a Lodging House issued under this By-law and the
s
means the Premises referred to on a Licence.
means a Person who has been issued a Licence under this By-law.
means a body designated by Council for the purpose of
hearing any appeal under this By-law.
Handbook means a document that has been prepared and approved
by the Manager of Licensing and completed by the Licensee which, among other things,
prescribes the roles and responsibilities of the Renter and Owner/Licensee, including but
not limited to expectations as they relate to non-disturbance of neighbours; compliance
with applicable City by-laws, and adherence to the provisions of this By-law.
means a Dwelling Unit where five or more persons, not including a
resident owner of the property, may rent a lodging unit and where the kitchen and other
areas of the Dwelling Unit are shared amongst the persons occupying the dwelling unit.
Lodging house can include student residences but shall not include a group home;
hospital; any small residential care facility or large residential care facility licensed,
approved, or supervised under any general or specific Act; or hotel.
means a room or set of rooms located in a lodging house or other
dwelling designed or intended to be used for sleeping and living accommodations which:
a) is designed for the exclusive use of the resident or residents of the unit;
b) is not normally accessible to persons other than the residents or residents of the
unit; and,
c) does not have both a bathroom and Kitchen for the exclusive use of the resident
or residents of the unit.
means the Manager of Licensing, their successor in title,
or their designate.
means the Medical Officer of Health for the Region of
Waterloo Public Health or their designate.
means an employee or agent of the City or a member of the Waterloo Regional
Police Services and shall include, without limitation, the Manager of Licensing, a
municipal law enforcement officer, by-law enforcement officer, or business licensing
of By-law Enforcement, or any person or inspector duly authorized on their behalf or
otherwise authorized by Council.
means the Ontario Regulation 213/07: Fire Code, under the Fire
Protection and Prevention Act, 1997, S.O. 1997, c. 4.
means the registered owner of the Property to which an Application relates.
means an individual, sole proprietorship, partnership, unincorporated
association, unincorporated syndicate, unincorporated organization, trust, body
corporate, and a natural person in their capacity as heir, trustee, executor, administrator,
or other legal representative.
means land, Property or any part thereof including all buildings or other parts
thereon.
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-law including the
applicable schedules.
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.
means a Dwelling or part thereof offered for Rent.
means a Person who rents a Lodging Unit.
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.
means residences that are owned and operated by post-
secondary institutions.
-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. Prohibitions
2.1 This By-law shall not apply to the following, where not defined herein shall be
defined in section 3 of City of Kitchener Zoning By-law 2019-051, as amended:
a) Hotel;
b) Motel;
c) Group Home;
d) Nursing Home;
e) Hospital or treatment centre;
f) Bed and Breakfast;
g) Student Residence; or
h) any Rental Unit to which any of the following Acts, or their regulations apply:
i)Homes for Special Care Act, R.S.O. 1990, c.H12, as amended;
ii) Long-Term Care Homes Act, R.S.O. 1990, c.17, as amended;
iii) Retirement Homes Act, 2010 S.O. 2010, c. 11, as amended; and
iv) Social Housing Reform Act, 2000, S.O. 2000, c.27, as amended.
2.2 No Person shall:
a) own, operate, permit to be operated, or act in the capacity of a Lodging
House without a Licence;
b) own, operate, permit to be operated, or act in the capacity of a Lodging
House without complying with the Regulations of this By-law;
c) operate a Lodging House 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 By-law; or
iv) without complying with all conditions or restrictions placed on the
Licence by the Manager of Licensing.
d) transfer or assign a Licence to any other Person or to any other location
other than the Licensed Premises;
e) provide false or misleading information to the City when applying for a
licence under this By-law, renewing a licence or at any other time;
f) hold themselves out as Licensed under the By-law without holding the
appropriate Licence;
g) advertise or permit the advertisement or operation of a Lodging House
without a Licence; or
h) advertise a Lodging House without including the current Licence number in
every advertisement.
3. Licensing Requirements
3.1 An Applicant applying for a Licence shall be a registered owner of the Lodging
House and shall submit the following to the Manager of Licensing:
a) a complete Application in the form prescribed by the Manager of Licensing, which
shall include the following information where applicable:
i)
ii)
iii) the address of the Lodging House;
iv) satisfactory proof of ownership for the Lodging House;
v) a photocopy of Government-Issued Identification;
vi) the telephone number and email address for the Applicant; and
vii) the information for a Dedicated Responsible Person including telephone
number and email address; and
viii) Criminal Record and Judicial Matters Check in accordance with Schedule
1 is required for each Owner of the Lodging House and the Dedicated
Responsible Person if different from the Owner.
b) the applicable Application Licence Fee and any documentation or forms required
by the Manager of Licensing;
c) where the Applicant is a partnership, a list of all the names of the partners;
d) where the Applicant is a Corporation, a list of the names of all signing officers
and their titles;
e) any other documents as required by the Regulations of this By-law; and
f) any documentation that may be required by the Manager of Licensing to evaluate
the Application.
3.2 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 for the purposes of evaluating the Application.
3.3 The Manager of Licensing may require the Applicant to have investigations
conducted and obtain documentation from and provide to the Manager of
Licensing, or to have documentation provided by any of the following or their
designates: the Chief Fire Prevention Officer, Chief Building Official, Regional
Medical Officer of Health, Waterloo Regional Police Services, and Director of By-
law Enforcement.
3.4 For a renewal of a Licence, an Applicant shall submit the following to the Manager
of Licensing:
a) a renewal Application in the form prescribed by the Manager of Licensing;
b) the applicable Application Licence Fee; and
c) documents as the Manager of Licensing may require including, without
limitation, the documents set out in 3.1 above and in Schedule 5 to this By-
law.
3.5 Every Licensee shall:
a) post the Licence in a conspicuous place at the Licensed Premises;
b) have a separate Licence for each Lodging House;
c) have a Dedicated Responsible Person who is responsible for managing or
addressing issues in relation to the Licensed Premises and is available to
attend the Licensed Premises at all times within a period no greater than
one hour to address emergency issues, and within three hours to address
non-emergency issues, and shall be responsible for the day-to-day
operations of the Licensed Premises;
d) display within the Licensed Premises, in a location accessible to all Renters,
a copy of the Lodging House Handbook, which shall include the total
number of Bedrooms permitted;
e) ensure that nothing is placed so as to obstruct access to the entrances and
the exits from the Licensed Premises;
f) ensure the number of parking spaces provided are in accordance with the
Zoning By-law;
g) ensure the building area of the Licensed Premises does not exceed six
hundred (600) square metres and the building height of the Licensed
Premises does not exceed three (3) storeys;
h) ensure that no Renter(s) have the exclusive use of both a Kitchen and
bathroom;
i) ensure that each Bedroom complies with the Building Code Act, 1992, S.O.
1992, c.23, as amended, and any regulations thereto with regards to access
to natural light and window requirements;
j) ensure that each Bedroom has:
i) a minimum floor area of 7 square metres; and
ii) no more than 2 Adult occupants;
k) ensure that each Bedroom has a door that is capable of being locked from
the inside and the outside;
l) maintain a written lease with only one (1) Renter per lease, unless:
i) the Renter is under the age of eighteen (18) years, in which case a
parent or guardian may execute a lease on their behalf; or
ii) where the Renters have entered into a joint tenancy agreement to share
a Bedroom;
m) ensure that all containers for garbage, recyclable materials and yard
waste on exterior property areas are kept in a rear or side yard in an
enclosed structure with a lid or roof. The structure shall:
i) screen the containers from the view of streets, sidewalks, multi-use
trails, and neighbouring properties;
ii) be kept closed at all times except when the containers contained
therein are actually being filled or emptied;
iii) be kept in good working order, free of odours, and without any
visible deterioration; and
iv) that any needle disposal containers are properly discarded.
n) notify the Manager of Licensing within fourteen (14) days of any changes in
the ownership of the Licensed Premises;
o) ensure that the Licensed Premises complies with all applicable federal,
provincial, or municipal legislation, including, but not limited to, the Building
Code, as amended, the Fire Code, as amended, and all applicable
municipal by-laws, including Noise, Zoning, Parking, and Property
Standards, and other applicable law, code or Act, such as the Human Rights
Code and Criminal Code of Canada;
p) ensure that all municipal taxes, licences, fines, or charges, and building
permits for the Licensed Premises must be current; and
q) comply with the conditions and restrictions placed on the Licence by the
Manager of Licensing or the Licensing Appeal Tribunal.
3.6 No Licensee shall:
a) permit any room to be used as a Bedroom except where a bedroom has
been indicated and approved on the submitted floor plan;
b) permit an occupancy greater than the number of which the premises was
licensed pursuant to this By-law; and
c) operate a Business within or on the Licensed Premises.
4. Issuance of Licence and Grounds for Refusal
4.1 The Manager of Licensing shall receive and process all complete Applications for
a Licence.
4.2 Upon receipt of a complete Application, the Manager of Licensing shall either
issue, renew, or issue with conditions a Licence.
4.3 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.
4.4 Where the Manager of Licensing receives an Incomplete Application, the Manager
of Licensing shall, whereas an address or other contact information has been
provided, notify the Applicant that the Application is incomplete and, where
applicable, any steps required to complete the Application.
4.5 The Manager of Licensing will deem an Application to be incomplete where:
a) required information has not been provided on the Application;
b) information or documentation required by the Manager of Licensing as part of
the Application has not been provided; or
c) the full Application Licence Fee is unpaid including any late fee and/or penalty
fee.
4.6 Where no action has been made to remedy an Incomplete Application by the
Applicant in the time specified by the Manager of Licensing the Incomplete
Application shall be deemed abandoned. The Incomplete Application shall be
cancelled, and any associated Application Licence Fee shall be deemed non-
refundable.
4.7 The Manager of Licensing shall, where an address or other contact information
has been provided, notify the Applicant of the intention to refuse an Application
and shall advise the Applicant of their right to appeal.
4.8 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 where 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 operate a Lodging
House in accordance with applicable law or by-laws, or with integrity and
honesty; or
c) the Lodging House specified on the Application are subject to any Order that
has not been complied with made pursuant to the Building Code Act 1992,
S.O. 1992, c. 23 or the Fire Protection and Prevention Act 1997, S.O. 1997,
c.4, or by the Medical Officer of Health; or
d) the Applicant or Dedicated Responsible Person has been convicted of an
offence that relates in any way to the operation of a Lodging House for which
a pardon has not been granted; or
e) a previous Licence issued to the Applicant under this By-law has been
suspended or revoked by the Manager of Licensing or the Licensing Appeal
Tribunal.
5. Terms of Licence
5.1 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.
5.2 Where a Person sells or transfers ownership of a Licensed Premises to any other
Person, the Licence issued for that Licensed Premises shall be void upon transfer.
6. Revocation and Suspension
6.1 The Manager of Licensing shall, where an address or other contact information
has been provided, notify the Licensee of the intention to revoke or suspend a
Licence and shall advise the Licensee of their right to appeal.
6.2 The Manager of Licensing may revoke or suspend a Licence where:
a) the Manager of Licensing is of the opinion that the Licensed Premises poses
a threat to the health and safety of the public, or Renters;
b) the Licence was issued in error;
c) the Licensee has violated any of the provisions of this By-law or any other
applicable laws;
d) any conditions placed on the Licence have been violated; or
e) the Licence was issued upon provision or receipt of false or misleading
information.
6.3 If appealed, Renters residing in the Licensed Premises may continue to reside in
said Licensed Premises until a final decision has been rendered by the Licensing
Appeal Tribunal, unless an order or other directive is issued under any other
legislation or by a court of competent jurisdiction which orders or directs the
removal or departure of the Renters prior to the Licencing Appeal Tribunal issuing
a decision.
7. Appeal
7.1 All appeals shall be submitted in writing to the Manager of Licensing within
fourteen (14) days of the date of the notification issued by the Manager of
Licensing pursuant to section 6 of this By-law.
7.2 The Licensing Appeal Tribunal is adjudicated by a body designated by Council.
7.3 The decision of the Licensing Appeal Tribunal is final and binding.
7.4 If the Manager of Licensing refuses a Licence, the Applicant shall have the right
to appeal the decision to the Licensing Appeal Tribunal.
7.5 The Manager of Licensing may refer an Application or a Licence to the Licensing
Appeal Tribunal where:
a) the Applicant or Licensee does not meet the requirements of this 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 operation of a Licensed
Premises in accordance with the law, or with honesty and integrity;
d) the Licensee has contravened this By-law or any other by-law or federal or
provincial statue or regulations while operating the Licensed Premises;
e) the Applicant, Licensee, or Dedicated Responsible Person has been
convicted of an offence that relates in any way to the operation of a Lodging
House for which a pardon has not been granted;
f) any special conditions placed by the Manager of Licensing or Licensing
Appeal Tribunal on a former or current Licence of the Applicant or Licensee
under this By-law have not been met; or
g) the provisions of this By-law provide grounds not to issue or renew.
7.6 When any matter has been referred or appealed to the Licensing Appeal Tribunal
the Applicant or Licensee shall be given reasonable notice of the time and place
of the hearing and shall be invited to make a submission either in writing or
verbally.
7.7 When any matter has been referred or appealed to the Licensing Appeal Tribunal,
after due consideration of the Application or Licence and after the Licensing
Appeal Tribunal has heard such representations as the Applicant or Licensee and
staff may care to make, may direct that the Licence be issued or renewed, or may
refuse, suspend, revoke, or add conditions to a Licence where:
a) the Applicant or Licensee does not meet the requirements of this 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 operation of a Lodging House
in accordance with the law or with honesty and integrity;
g) without limiting the generality of section 7.7(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 the operation of a Lodging House;
h) any special conditions placed by the Manager of Licensing, on a former or
current Licence of the Applicant or Licensee under this By-law have not
been met;
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.
7.8 No Person shall violate any conditions that the Manager of Licensing or the
Licensing Appeal Tribunal has placed on a Licence issued under this By-law.
7.9 For the purpose of section 7.6 of this By-law, the last
known address and email address shall be deemed to be those provided pursuant
to section 3.1 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.
8. Inspections
8.1 Any Person authorized by the Manager of Licensing may at all reasonable times
and in accordance with any applicable requirements in the Municipal Act, 2001,
as amended, inspect any Lodging House in respect of which a Person is required
to be licensed under this By-law.
8.2 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.
8.3 An inspection may be conducted by an Officer to determine whether or not the
following are being complied with:
a) any by-law of the City under the Municipal Act including this By-law;
b) a direction or order of the City made under the Municipal Act or made under
a by-law of the municipality passed under the Municipal Act;
c) a condition of a Licence issued under a by-law of the municipality passed
under the Municipal Act; or
d) an Order made under section 431 of the Municipal Act, 2001, c. 25.
8.4 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
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.
9. Orders
9.1 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.
9.2 An Order under section 9.1 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.
9.3 An Order under section 9.1 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.
9.4 No Person shall fail to comply with an Order under section 9.1 of this By-law.
9.5 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)
address; or
c)
address.
9.6 For the purpose of section 9email
address shall be deemed to be those provided pursuant to section 3.1 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.
10. Enforcement
10.1 Council hereby authorizes the Waterloo Regional Police Service or any Officer
thereof to act as agent for the City, as necessary, for the purpose of enforcing
this By-law.
10.2 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.
11. Offences and Penalties
11.1 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).
11.2 Every 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).
11.3 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
11.4 Sections 2.2, 7.8, 8.2 and 9.4, 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.
11.5 Any 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.
12. Collection of unpaid fines
12.1 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.
12.2 If the fine remains unpaid after the final date specified in the notice, the fine
shall be deemed to be unpaid taxes for the purpose of Section 351 of the
Municipal Act.
13. Schedules
13.1 The Schedules attached to this By-law shall form part of this By-law.
14. Short Title
14.1 This By-Lodging House By-
15. Severability
15.1 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.
16. Repeal
16.1 By-law 2004-250 and the contents of the Chapter 553 of the City of Kitchener
Municipal Code are hereby repealed as of the date this by-law comes into effect.
17. Coming into force
a. This By-law shall come into force and effect on January 1, 2025.
18. Transitional Provisions
18.1 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,
d) affect an investigation, proceeding, or remedy in respect of a right, privilege,
obligation, or liability described in section 18.1.b), or a penalty, forfeiture, or
punishment described in section 18.1.c).
18.2 An investigation, proceeding, or remedy described in section 18.1. d) may be
commenced, continued, or enforced as if the by-law or chapter had not been
repealed or revoked.
18.3 A penalty, forfeiture, or punishment described in section 18.1. c) may be imposed
as if the by-law or chapter had not been repealed or revoked.
18.4 A 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.
19. Municipal Code
19.1 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 Municipal Code.
SCHEDULE 1
CRIMINAL RECORD AND JUDICIAL MATTERS CHECK
1. This Schedule 1 shall apply to each Person who are required to provide Criminal
Record and Judicial Matters Check with an Application.
2. The Criminal Record and Judicial Matters accepted by the Manager of Licensing shall
meet the following requirements:
a) must be the original version provided by the Police Department;
b) must be completed within the municipality where the Person resides;
c) must be obtained by the Person to whom it applies;
d) if the Applicant is part of a partnership, a completed Criminal Record and
Judicial Matters must be obtained for each partner; and
e) if the Applicant is a corporation, a completed Criminal Record and Judicial
Matters must be obtained for a director or officer, or a letter of authorization
must be provided from any director naming a director, officer or employee of
the corporation as their designate.
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.
SCHEDULE 2
INSURANCE
1. This Schedule 2 shall apply to any Applicant that is required to submit proof of
insurance.
2. Upon submitting an Application, the Applicant shall execute the following indemnity to
the satisfaction of the City:
The Licensee both during and after the term of the Licence or renewed Licence,
shall at all times, and at its own cost, expense, and risk, defend, indemnify and
hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and all respective heirs, administrators, executors, successors, and
assigns from any and all losses, damages (including, but not limited to, incidental,
indirect, special and consequential damages, or any loss of use, revenue or profit
by any Person or Business), fines, penalties and surcharges, liabilities,
judgements, claims, demands, causes of action, contracts, suits, actions or other
proceedings of any kind and expenses which the indemnified City may suffer or
incur, howsoever caused, provided such losses, damages, fines, penalties and
surcharges, liabilities, judgments, claims, demands, cause of action, contracts,
suits, actions or other proceedings of any kind and expenses as defined above are
due or claimed to be due to the negligence, breach of contract, and/or breach of
law of the Licensee.
3. The Applicant shall maintain liability insurance acceptable to the Manager of Licensing
throughout the term of the Licence, if the Licence has been granted.
4. The liability insurance shall consist of a comprehensive policy of public liability and
property damage insurance in an amount of not less than $2,000,000.00 per
occurrence.
5. The liability insurance shall name The Corporation of the City of Kitchener as
additional insured with a cross liability endorsement and severability of interest
provision.
SCHEDULE 3
FLOOR PLANS
1. This Schedule 3 shall apply to any Applicant that is required to submit Floor Plans.
2. The Floor Plans accepted by the Manager of Licensing shall be drawn to scale on
graph paper or digital format and include identifying the following:
a) all rooms, spaces, or common areas of the Lodging House;
b) how each room, space or common area shall be used, which means specifically
indicating where all Bedrooms will be located on the floor plan;
c) the dimensions (in meters) of all rooms, spaces or common areas;
d) dimensions of all windows;
e) location of all entrances and exits; and
f) location of all smoke and carbon monoxide alarms.
SCHEDULE 4
APPLICATION REQUIREMENTS
1.In addition to the licensing requirements set out in Section 3 of this By-law; an
Applicant for a Lodging House Licence shall supply the following:
a) Criminal Record and Judicial Matters Check;
b) Proof of Insurance;
c) Floor Plan;
d) Fire Approval;
e) Building Approval;
f) Planning Approval; and
g) Property Standards Approval
SCHEDULE 5
RENEWAL APPLICATION REQUIREMENTS
1. In addition to the licensing requirements set out in Section 3 of this By-law; an
Applicant for a renewal of a Lodging House Licence shall supply the following:
rd
a) Criminal Record and Judicial Matters Check (every 3 renewal period);
b) Proof of Insurance;
c) Floor Plan (if applicable);
d) Fire Approval;
e) Planning Approval; and
f) Property Standards Approval