HomeMy WebLinkAboutFCS Agenda - 2025-06-02Finance and Corporate Services Committee
Agenda
Monday, June 2, 2025, 4:00 p.m. - 5:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
People interested in participating in this meeting can register online using the delegation registration
form at www.kitchener.ca/delegation or via email at delegation @kitchener.ca. Please refer to the
delegation section on the agenda below for registration in-person and electronic participation
deadlines. Written comments received will be circulated prior to the meeting and will form part of the
public record.
The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow.
*Accessible formats and communication supports are available upon request. If you require
assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.*
Chair: Councillor S. Davey
Vice -Chair: Councillor B. loannidis
Pages
1. Commencement
2. Disclosure of Pecuniary Interest and the General Nature Thereof
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared, please visit www.kitchener.ca/conflict to submit your written
form.
3. Consent Items
The following matters are considered not to require debate and should be
approved by one motion in accordance with the recommendation contained in
each staff report. A majority vote is required to discuss any report listed as
under this section.
3.1 None.
4. Delegations
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. All Delegations where
possible are encouraged to register prior to the start of the meeting. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 2:00 p.m. on June 2, 2025, in order to participate electronically.
4.1 Item 5.1 - Tara Cooper
5. Discussion Items
5.1 2025 Artist in Residence Appointment and 15 m 3
Doon Pioneer Park Community Centre Public
Art Selection, DSD -2025-244
(Staff will provide a 5 -minute presentation on this matter.)
5.2 Short-term Rental By-law, COR -2025-041 30 m 25
(Staff will provide a 5 -minute presentation on this matter.)
6. Information Items
6.1 None.
7. Adjournment
Dianna Saunderson
Manager of Council/Committee Services & Deputy Clerk
Page 2 of 57
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: June 2, 2025
SUBMITTED BY: Andrea Hallam, Manager, Arts & Creative Industries, 519-793-8269
PREPARED BY: Karoline Varin, Program Administrator, Arts & Creative Industries,
519-793-8302
WARD(S) INVOLVED: 4
DATE OF REPORT: May 13, 2025
REPORT NO.: DSD -2025-244
SUBJECT: 2025 Artist in Residence Appointment and Doon Pioneer Park
Community Centre Public Art Commission
RECOMMENDATION:
That Tara Cooper be appointed as the 2025 City of Kitchener Artist in Residence as
recommended by the selection committee and the Arts & Culture Advisory
Committee; and,
That the commission and installation of Tara Cooper's proposed artwork at Doon
Pioneer Park Community Centre be approved, pending consultation and technical
review by Facilities Management and Arts & Creative Industries staff; and further,
That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the
City Solicitor, with Tara Cooper, outlining the obligations of the Artist in Residence
appointment and the public art commission design, fabrication and installation.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend the appointment of the 2025 Artist in
Residence and to request authorization to enter into a legal agreement with the artist
to execute a public art commission at Doon Pioneer Park Community Centre
(DPPCC).
• The key finding of this report is that Tara Cooper has been selected by a selection
committee and recommended by the Arts & Culture Advisory Committee (ACAC) as
the 2025 Artist in Residence and as the artist to realize the public art commission for
the Doon Pioneer Park Community Centre.
• The financial implications are a $10,000 artist honorarium from the existing Arts &
Creative Industries budget, and a $30,000 artwork commission allotted by the 1 % for
Public Art policy (GOV-COR-816).
• Community engagement included consultation feedback from community centre
staff, a juried selection process, consultation with ACAC and will include further
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 3 of 57
consultation and technical review of the final artwork design by city staff during the
development phase, prior to fabrication and installation.
This report supports the delivery of core services through the Artist in Residence
program and the 1 % for Public Art policy.
BACKGROUND:
Established in 1995 as the first municipal program of its kind, the City of Kitchener Artist in
Residence program aims to engage the community in the production of contemporary art
that reflects community identities and supports the development of local artists. The program
delivers on the understanding that meaningful engagement in the arts and the growth of the
creative sector contribute positively to the dynamism, authenticity, attractiveness and overall
competitiveness of the City of Kitchener.
Link: Learn more about the City of Kitchener's Artist in Residence program.
am.
The Artist in Residence program continues to emphasize interactive community
engagement and encourages applicants to see the residency as an opportunity to advance
their own practice. The Artist in Residence is provided with an honorarium as compensation
for their time commitment.
The program is open to artists working in a variety of disciplines including, but not limited to,
visual arts, performing arts (theatre, music), dance, design, digital and media arts, folk and
traditional arts, literature and spoken word, and multidisciplinary works. Staff and the
advisory committees have been exploring options to widen the scope of the residency to
provide inspiring opportunities for artists.
The City's public art program installs site-specific works throughout the city. Public art is
usually created in conjunction with new major construction or renovation of City -owned
facilities or public spaces. These artworks include permanent installations in a wide variety
of styles and materials, selected with a preference for innovation, responsiveness to the site,
low -maintenance, and durability. In 2019-2020, DPPCC underwent a renovation and
expansion of its indoor and outdoor spaces. As such, it received a public art allotment
through the public art program, guided by policy GOV-COR-816.
For the 2025 Artist in Residence call, the residency and its objectives are combined with an
opportunity to develop a permanent, site-specific public art installation for DPPCC, to be
added to the City's public art collection.
REPORT:
DPPCC is a neighbourhood hub with amenities that welcome and serve more than 20,000
residents, with shopping, restaurants and sports fields located nearby. In 2019, the centre
was renovated and expanded to continue providing highly valued recreation, social services
and continuing education programs that meet community needs. Many outreach and
support agencies also make this a hot spot for the community, including a local branch of
the Kitchener Public Library located within the building.
An artist team was initially selected in 2019 and approved by Council. The pandemic halted
and then significantly delayed the project. Furthermore, because of significant cost
increases in materials and fabrication, including leaving the artists with no commission for
Page 4 of 57
services, the artist team was not able to realize their proposal. No agreement was
completed, and the relationship was terminated.
Arts & Creative Industries (A&CI) staff continued to communicate closely with DPPCC staff
to establish parameters for a new call for proposals. A new site for a new artwork installation
was identified: a renovated patio located at the back of the building, accessible from the
outside and inside, intended for future community use and programming. Staff determined
that the Artist in Residence program mandate would align well with the type of engagement
and artwork installation the centre was seeking, whilst also supporting local artists trying to
extend or expand their practice into the public art realm.
The combination of two A&CI programs results in a yearlong commitment focusing on
research and community engagement to inform the development, fabrication and installation
of a permanent, site-specific art installation at DPPCC. Starting in July 2025, the first six
months of the residency are expected to be dedicated to researching, developing and
finalizing a design concept for the public art installation, supported by participatory
community engagement. Starting in January 2026, the next six months shall be dedicated
to the fabrication and installation of a permanent, site-specific art installation, following
successful development consultation and technical review with City staff.
Competition
The call for proposals was advertised for seven weeks. Eight proposals from artists living in
the region were submitted by the competition close date. Members of the selection
committee comprised of DPPCC manager, Ward Councillor, a Doon Pioneer Park
Community Association member, ACAC member and local visual artist/Kitchener Waterloo
Art Gallery curatorial assistant, assessed the entries based on:
• demonstrated commitment to artistic practice
• strength and clarity of concept and overall proposal
• artistic merit of proposal and/or past work
• capability of artist to enable meaningful community engagement to activate a public
space
• impact on current artistic development
• relevance of the proposed residency activities and proposed artwork installation to
facility priorities and local culture
• capacity to collaborate with other professionals to realize an outcome
• qualifications and ability to produce high-quality artworks
• capacity to successfully complete and install an artwork
The selection committee reached consensus on April 25th, selecting Tara Cooper as the
recommended 2025 City of Kitchener Artist in Residence and as the artist to complete the
public art commission to be sited at DPPCC.
Residency and artwork commission proposal
Tara Cooper's art practice embraces the combination of media from print, ceramics, film,
installation and book arts. Her subject matter draws from storytelling, with an eye for graphic
design, pattern and poetics. She has exhibited her work across Canada (from coast to
coast), as well as in New York, California and Europe, receiving numerous grants from
Canada Council for the Arts, Ontario Arts Council, Kitchener Waterloo Community
Page 5 of 57
Foundation and a Humanities and Social Sciences Award. Tara is an associate professor
at the University of Waterloo, although she will be on sabbatical during the residency period.
Employing the idea and symbolism of a potluck which shares an ethos with the folktale
"Stone Soup," the artist proposes to host a series of hands-on workshops using library
resources such as cookbooks. Each workshop will target a different audience (e.g. kids,
families, adults, teens, date night) and introduce the participants to different art mediums
such as zines, recipe cards, accordion books and pop -ups, using methods like letterpress,
collage, drawing, linocuts and screen printing. The artist will include prompts connected to
family recipes, favourite foods and food culture. The artist brings a wealth of workshop
facilitation experience.
The resulting content — imagery and text — generated from these workshops would form the
design ideas to create the proposed public art commission: a cut-out collage of symbols in
Tara's colourful and whimsical style bolted to the exterior wall within the patio area, making
a cohesive composition. Fabrication would employ a range of materials such as aluminum
made for outdoor signage, steel shaped by a CNC router, ceramics and marine plywood
that is laser cut and shaped by hand with a band saw.
The jury appreciated Tara's well -thought-out workshops, the relevancy of these activities to
the final public art installation, and the plan to engage groups of all ages and abilities. She
also plans to enlist and mentor emerging artists during her fabrication process. Tara's
colourful visual language would connect well with the many families and children attending
activities at the community centre, animating the patio area.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The $10,000 artist honorarium and up to $2,500 allocation for expenses are supported by
the Arts & Creative Industries budget.
The public artwork installation is funded by allocations in accordance with Public Art policy
GOV-COR-816. The renovation of the community centre resulted in a $29,000 allotment in
2020, inclusive of artist and collaborator production fees, materials, fabrication and
installation, of which $2,809.60 was spent on the original commission prior to termination.
In 2024, another $3,809.60 was transferred from the consolidated public art account to reach
the current allotment of $30,000. This was done to meet the minimum allocation for adding
a permanent artwork the City's collection (GOV-COR-815, section 4.4a), as established by
A&CI staff's recent policy review (DSD -2024-026).
Any ongoing maintenance costs will be funded through the City's Public Art maintenance
budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the committee meeting.
Page 6 of 57
CONSULT — Currently, the Arts & Culture Advisory Committee (ACAC) serves as the
consulting body on the Artist in Residence call for proposals. Arts & Creative Industries staff
produced an open call for proposals which was published on the City's website and
promoted on its social media. An information session took place for interested applicants
prior to the closing date.
ACAC considered and supported the motion to select Tara Cooper as the 2025 City of
Kitchener Artist in Residence, on May 20, 2025.
COLLABORATE — An important component of the Artist in Residence program is the
requirement for meaningful public engagement. City staff will work with the artist to support
the identified opportunities for public engagement in the proposal. Community centre users
will be active contributors in the preliminary stages of the design of the artwork commission.
PREVIOUS REPORTS/AUTHORITIES:
GOV-COR-816 Public Art Policy
DSD -2024-026 Public art policy review and revisions
DSD -21-004 Doon Pioneer Park Community Centre Public Art
APPROVED BY: Justin Readman, General Manager of Development Services.
ATTACHMENTS:
Attachment A — call for proposals
Attachment B — Tara Cooper's proposal
Page 7 of 57
2025 ARTIST IN RESIDENCE PROGRAM at Doon Pioneer Park Community Centre
The 2025 Artist in Residence program is an experimental opportunity to develop and site a permanent
public art installation as part of the city's public art program at Doon Pioneer Park Community Centre.
On this page:
1. About the Artist in Residence and Public Art programs
2. Information session
3. 2025 Artist in Residence call for proposals
4. Public art installation requirements
a) Site considerations
b) Review
5. Eligibility and submission requirements
6. Selection process
a) Selection committee
b) Evaluation criteria
7. Compensation
a) Artist in Residence compensation
b) Public art commission/budget
8. Timeline
9. Resources available to the Artist in Residence
10. Application
1. About the Artist in Residence and Public Art Programs
The Artist in Residence program celebrates the diversity of artistic practice in Kitchener. For the past 30
years, we have invited artists working in various disciplines and residing in or connected to Waterloo
Region to apply to be our next Artist in Residence. With this program, we encourage local artists to
develop their practice and interests as they engage with, collaborate with, and enrich their community.
For the 2025 Artist in Residence call, we are combining the residency and its objectives with an
opportunity to develop a permanent, site-specific public art installation for the Doon Pioneer Park
Community Centre (DPPCC). The artwork will be added to the city's public art collection.
Public, accessible art makes Kitchener a lively and engaging city. Our public art program is funded
separately from the residency program, through a percent -for -art policy, that supports the production
of artworks specific to civic facilities and spaces. The DPPCC was renovated and expanded in 2020. As a
city -owned facility, it is eligible for a public artwork through our,lb.lj.._a.irt... olliic .
We invite visual artists based in Waterloo Region to apply for consideration to be the 2025 Artist in
Residence. This is a yearlong commitment focusing on research and community engagement resulting in
the development, fabrication, and installation of a permanent, site-specific art installation at the DPPCC.
Page 8 of 57
2. information Session
We will host an information session to answer questions about this opportunity on March 13
from 7 p.m. to 8 p.m. The information session will be hosted at DPPCC, 150 Pioneer Dr.,
Kitchener, ON, N2P 2C2.
Please send us an email or call 519- 783.8302 if you are unable to attend the information session
and have any questions about this residency.
3. 2025 Artist in Residence call for proposals
This call for proposals is open to visual artists who live or work primarily in Waterloo Region or are able
to show a clear, ongoing connection to the region. We will prioritize proposals with a strong potential to
impact the users of the community centre. The Artist in Residence program continues to encourage
applicants to see the residency as an opportunity to advance their own practice.
This is a one -stage competition open to individual visual artists only. Contributing subcontractors can be
hired at production stage, however, they cannot be co -residents.
Preference will be given to artists whose submission demonstrates experience creating and installing
temporary or permanent public art. Further preference will be given to artists that can include a
meaningful component of citizen participatory engagement in the fabrication or development stage of
the proposed art installation at DPPCC.
The first six months of the 2025 residency are expected to be dedicated to researching, developing and
finalizing a design concept for the public art installation. The final six months shall be dedicated to the
fabrication and installation of a permanent, site-specific art installation at the DPPCC, following
successful consultation with city staff.
Please note that depending on the proposed idea, the centre may not accommodate all fabrication
methods. In this case, sourcing outside facilities to create the final artwork would be solely at the artist's
discretion and their responsibility. The hope is that the time spent during the residency will allow the
selected artist to observe, interact with, or lead programming that would inform or clarify the final
concept or details of the public art installation.
4. Public art installation requirements
Our objectives for the public art program are to support communities, culture, and artists, to represent
a diverse community, and to improve the quality of life for all residents. Public safety is a priority in the
acquisition of artworks for our collection. We prefer artworks that are sustainable, durable, non-
corrosive in nature, and require low maintenance, especially if located outdoors.
Our Arts and Culture Advisory Committee also recommends that accessibility be considered in the
artwork selection processes, seeking to include rather than exclude as many people as possible.
Land acknowledgement
The City of Kitchener is situated on the traditional territory of the Chonnonton, Anishinaabeg and
Haudenosaunee Peoples. We recognize our responsibility to serve as stewards for the land and honour
Page 9 of 57
the original caretakers who came before us. Our community is enriched by the enduring knowledge and
deep-rooted traditions of the diverse First Nations, Metis, and Inuit in Kitchener today.
The DPPCC, located in the southeast corner of the city at 150 Pioneer Park Drive, is on the territory of Six
Nations on the Haldimand Tract, near the majestic Grand River.
a) Public art site considerations at DPPCC
Our goal is to collect artwork commissions that are responsive to the spaces in which they are located
and to the public uses of those spaces.
We encourage artists interested in submitting to the 2025 Artist in Residence program to visit the DPPCC
or attend the information session to learn about its activities and active uses before applying.
This area where the DPPCC is located is forecasted to be the fastest-growing neighbourhood in
Kitchener over the next 20 years and is already home to a multicultural population with a high
proportion of children, teens, and mature adults.
People who visit and live here value the walkability of nearby trails, and the variety of wildlife in the
area. Residents describe the Doon neighbourhood as a great place to live and play.
DPPCC is a neighbourhood hub with amenities that welcomes and serves more than 20,000 residents,
with shopping, restaurants, and sports fields located nearby. The centre was recently renovated and
expanded to continue providing highly valued recreation, social services, and continuing education
programs that match community needs. Many outreach and agency supports also make this a hot spot
for the community, including a local branch of the Kitchener Public Library located within the building.
One of the key priorities identified prior to the renovation was to accommodate a bigger space for the
community to gather with friends and neighbours. As a result, a large program room was added to the
facility with an entryway onto a cement patio bordered by a brick wall.
The aim of the final public art installation is to animate the outdoor patio.
b) Technical review
Prior to the fabrication of the proposed public art installation, the selected 2025 Artist in Residence will
have to demonstrate to our review staff that technical requirements can be accomplished in the final
production , fabrication, and installation of the artwork within the scope of the public art budget. City
staff will support the Artist in Residence during this process, but if the artist cannot meet these
requirements to the satisfaction of technical reviewers, we will not proceed with a commission.
Technical requirements reviewed would include:
• Durability of artwork
• Feasibility of installation
• Appropriateness of the scale of the artwork to the space it will occupy
• Appropriateness to the production and installation timelines
• Suitability and sustainability of material and maintenance requirements
• Safety and accessibility for users of centre
Page 10 of 57
At our discretion and if deemed necessary, the artist must provide detailed design drawings of the
artwork sealed by a professional engineer licensed to practice in Canada, prior to fabrication. This may
include detailed design and engineering for all anchoring or other installation requirements.
5. If.:..H11 ibilli and ,sulk miissiion ireguhreirnen ,s
We're committed to creating and supporting an equity -based platform that includes diverse creative
perspectives. We welcome and highly encourage applications from individuals with intersectional
identities from groups seeking equity, diversity and inclusion. This includes artists from many diverse
backgrounds and origins, but we specifically encourage applications from Black, Indigenous, and
racialized individuals, 2SLGBTQIA+ community members and people with disabilities.
The 2025 residency is open to visual artists who live or work primarily in Waterloo Region, or can show a
clear, ongoing connection to the region. We will prioritize proposals with strong potential to impact the
users of the community centre.
Artists that are currently under contract to produce another public art project for the City of Kitchener
are ineligible until the current contract is completed. In exceptional cases, we may waive this condition
for an artist.
The 2025 Artist in Residence call for submissions is open to individual visual artists only.
Please see the evaluation criteria section below for additional eligibility criteria.
Proposal package
Interested artists must submit a proposal package that includes the following:
1. Resume, short personal description or summary of relevant credentials (maximum three pages).
2. Letter of interest (maximum 1,000 words) highlighting your qualifications, relevant experience,
how the residency would further support or advance your artistic development, and a
description of your intended approach to this residency, including a preliminary design or idea
of the public art installation. The idea does not have to be fully developed. You may give
examples of how past approaches may support the approach to this residency and artwork
installation.
Please note that this summary may be used as a narrative for administrative and public use.
3. Minimum of 5 and maximum of 10 high-resolution image files (jpg, pdf, video) that illustrate
past public art projects and/or community participatory art -making activities or results. Please
include a corresponding image list with title, media, size, location (if applicable) and year of
creation for each work pictured. A caption for each image may also be included if desired. If
possible, please submit a PowerPoint or PDF file to detail individual images.
4. Contact information for two persons of reference that could offer feedback on your artistic
practice.
5. Be prepared to enter into a legal agreement with the City of Kitchener, and, if applicable,
provide an HST registration number.
If you have any questions or require any accessible accommodations, please contact our, Program
Administrator, Karoline Varin, at 519-783-8302 or by emailing Karoline.varin@kitchener.ca
Page 11 of 57
5, Sellection process
After applications close, a selection committee recruited and facilitated by city staff will choose the 2025
Artist in Residence. The committee's recommendation will proceed to our Arts and Culture Advisory
Committee (ACAC) for support before being presented to city Council for final approval.
Once approved, we will prepare an agreement with the artist.
We reserve the right to end the competition at any stage. In such a case, we will notify the artist who
has submitted a proposal as necessary.
a) Selection committee
A selection committee ensures a fair process through balanced participation and discussion of all eligible
submissions. The committee's responsibility is to assess submissions and select based on artistic merit,
project practicality and other identified criteria.
Staff will assemble the jury to reflect resident demographics and to include the following participants:
• one member as recommended by ACAC
• one visual artist from the region
• one member representing DPPCC
• one member representing Doon Pioneer Park Community Association (DPPCA)
• the ward councillor or designate
b) Evaluation criteria
Selection committee members will independently evaluate the submissions received from artists against
the criteria outlined below using a three -colour rating system (green for yes, yellow for maybe, red for
no) and other rating inputs (including juror commentaries). The highest-rated submissions will then be
discussed in greater detail by the selection committee to reach consensus on a recommended applicant.
The applicant must:
• be a Canadian citizen or permanent resident.
• reside or work in Waterloo Region or have a clear, ongoing connection or affiliation with the arts
sector in the region.
• demonstrate commitment to their practice
• show strength and clarity of their concept and overall proposal
• show artistic merit of their proposal
• show their capability to enable meaningful community engagement to activate a public space
• show the residency's impact on their current artistic development
• show relevance of the proposed residency activities and proposed artwork installation to facility
priorities and local culture
• show their capacity to collaborate with other professionals to realize an outcome
• show qualifications and ability to produce high-quality artworks
• show capacity to successfully complete and install an artwork
Page 12 of 57
The selection committee may find that none of the submissions fulfill the project criteria. In this case,
we may re -open the selection process.
T Compensation
The commission fee available to the selected artist does not include costs related to selection
committee participation or meetings, residency marketing or possible artwork unveiling and
interpretation.
a) Artist in Residence Compensation
• $10,000 honorarium for time spent in residency received in two installments.
• $2500 supply budget to facilitate community engagement activities
b) Public art commission
The total commission budget available for the final on-site public art installation is $30,000.
This amount must cover:
• artists' production fees, including design, engineering or production subcontractors
• material, fabrication, transportation and installation
• studio and storage costs
• legal fees
• documentation (photography, spec sheet and maintenance schedule prep, etc.)
• artist or team travel expenses and meeting time
The installation will be implemented with support from our staff. Contracting and completion of the
installation must be done by an approved contractor.
m Timeline
This is the proposed project timeline. Please note that the timeline is subject to change.
• February 18: call for submissions launch date
• March 13: information session
• April 1: applications close
• Week of April 22: jury meeting
• May 20: presentation to ACAC
• June 2: presentation to council
• July: residency starts
• July — Dec 2025 residency takes place
• Jan — June 2026 artwork fabrication & installation
9m Resources avaiialblle to the artist
The Artist in Residence will have access to advice and expertise from ACAC during monthly
committee meetings.
Page 13 of 57
They will also receive guidance, practical input, and help from city staff on developing feasible
and implementable community activities and ways to realize project objectives:
• The resident artist will have a budget of up to $2,500 during their residency for supplies
related to any community activity and/or collaborator fees during the first six months of the
residency.
• Help from city staff in promoting any activities or events.
• Coordination of writing, editing, design, and printing of promotional materials directly
related to the residency project (event invitation cards or posters, brochures, business
cards, etc.).
• In-kind access to a pre -designated workspace at the 44 Gaukel Creative Workspace. Please
note: this space is a shared workspace which may not accommodate all artwork fabrication
methods due to safety, storage, or space limitations.
• Insurance coverage during the residency and during the fabrication and installation of the
artwork.
• Exploration of opportunities for any aspect of the Artist in Residence's project to coordinate
with City of Kitchener festivals and events, including DPPCC's activities.
• Help connecting with potential collaborators to support project goals.
• Support with the logistics of installing the artwork.
• Support in meeting accessibility needs of the artist, as needed.
10.pplliica ion
Applications are due at 5 p.m. on April 5, 2025. We will not consider incomplete or late submissions.
You can apply:
• online
• by delivery or mail
• by email
If you have any questions, please send us an email or call - 519.783.8302
Online
To apply online, please complete our application form.
Please review the submission form before beginning your application to familiarize yourself with the
requirements. You can save the application and come back to it later.
BUTTON: Apply online
By delivery or mail
To apply by delivery or mail, please submit two unbound copies of your package (page size 8 %" x 11")
before the final deadline to:
2025 Artist in Residence
c/o Economic Development, 6th floor, City Hall
200 King Street West
Kitchener, ON
Page 14 of 57
Canada
N2G 4G7
Attention: Karoline Varin, arts and creative industries Program Administrator
We are not responsible for damage to, or loss of, support materials.
Page 15 of 57
"JJ�Kji
AS&I
The word "potluck" or "luck of the pot" as
it was called in the 16th century, gained
momentum in the 1930's during the
depression to share food resources. "Stone
Soup", an old European folktale shared a
similar ethos where villagers brought various
foods—potatoes, onions, celery, sweetcorn,
chicken, butter—to the cooking pot that
began modestly with water and a stone
simmering over an open fire. Both stories
underscore the power of generosity—how
contributions from everyone makes for a
delicious, nourishing meal.
Employing the idea of a potluck, my proposal
has two parts: 1) a series of community
engaged hands-on workshops, and 2) a cut-
out collage of imagery and text based on
content generated from the workshops that
will be bolted to the exterior wall, running
the length of the patio.
1) During the residency phase, I will
hold a series of 5 workshops (3-5 hours) using
the library's resources such as cookbooks,
along with the community room as a maker's
space. Each workshop will be designed for a
different audience (e.g. kids, families, adults,
teens, date night) and have a different take
(e.g. zines, recipe cards, accordion books,
paper engineering/pop ups, using methods
such as portable letterpress, collage, shadow
drawings/wire contours, lino -cuts, and
portable screen -printing). However, all would
share the prompts: What are you going to
bring to the potluck? Do you have a cherished
family recipe? What's your favourite food
and why? Based on imagery and recipes
generated from these workshops, I will design
a set of cutouts, including text to illustrate
what this giant potluck would be for the Doon
Community. I will also research fabrication
aspects such as working with marine plywood,
ceramics, acrylic, and metal made for outdoor
signage in addition to designing the layout.
2) The fabrication phase includes making
the cutouts and preparing the fasteners for
install, along with any needed coatings to
make them durable for the outdoors. I have
access through the University to various laser
cutters, wood shops, and metals shops and will
be on sabbatical during this phase. Ideally,
I'd like to cover the entire wall with cut-out
pieces collaged into a cohesive composition.
The unveiling of the artwork could include a
community potluck in celebration, along with
a display of any bookish artworks made in the
workshops, which could become a permanent
part of the library's collections.
Page 17 of 57
Examples of my cut-out wood pieces, hand -carved and laser cut. The lower image
depicts how the cutouts would be installed using a pin method that is bolted to
the wall, allowing for some shadow play as a kind of overlapping bas relief.
Page 18 of 57
Example of a grid-like strategy for the composition
along with a possible colour palette.
Page 19 of 57
Examples of my CNC router metalwork using steel with
my hand -drawn cursive text and drawing of a cloud.
Page 20 of 57
Examples of ceramic tiles made as
part of the 3-person artist collective
K-DUB Tile Club, which I stared this
past August. If accepted, I would
like to work with the 2 other artists
(Mengchao Wu and Daphne Wang) to
fabricate the ceramic elements.
Page 21 of 57
Teaching
For the past 5 summers I have directed
S.A.I.L., the Student Art Innovation Lab,
an outreach arts program housed in a
restored Airstream trailer. Supported by
the University of Waterloo, SAIL hosts art
exhibitions, children's crafts, workshops,
high school field trips and site-specific
temporary installations around the region.
Over 20,000 people have participated in SAIL
events locally. To make all of this happen, I
mentor and work with a team of university
students.
I also bring with me decades of teaching
experience, which not only includes my work
as a professor, but also earlier employment
such as running school visits and March
break programming for families at the Art
Gallery of Ontario, plus teaching children art
at a Montessori School. I also teach students
how to teach as part of our graduate studies
through a Pedagogy in Fine Arts course.
Public Art
I have been on the Board of Directors for
CAFKA (6 years) and Waterloo Potter's
Workshop (2 years). The former contributing
to my knowledge of public artwork—what
works and what doesn't work. I made one
of the sculptures for the ION project, Tall
Tales of Mill Street, which was made in
collaboration with my partner Terry O'Neill.
Additionally, I have created three local
outdoor murals. In 2024, I received a 5 -year
award for my volunteer work in the region
with CAFKA from the province of Ontario.
Studio Practice
Likewise, I've got decades of working as an
artist in a range of media (print, video, artist
books, ceramics and sculpture), mounting
solo exhibitions and site-specific installations
for venues such as the Kitchener Waterloo
Art Gallery, the Canadian Clay and Glass
Gallery, the Wassaic Project (Wassaic, New
York), Arprim Gallery (Montreal), and SNAP
Gallery (Edmonton).
Page 22 of 57
TTY-YiTU-
Support/Advance my Artistic
Development
I have been employing collage -based
strategies—the coming together of discrete
elements into a larger whole—to produce
site-specific installations within a gallery
context for many years. Whether it's my
"table collages" as seen in "The ocean is
the original mood ring" and "God Love
Brigus II'; or on the walls and floors like
"Reading the Sky" and "Robotic Clay". All
these however, have been temporary indoor
exhibitions. What is new for me with Doon
is the chance/challenge to apply these maker
strategies/my artistic voice within the context
of a permanent outdoor artwork, where
my intention is to combine a mixture of
materials such as ceramic, folded and cut
metal, as well as laser -engraved wood. I'm
in my early fifties, and as an artist entering
a new phase of life, I've been reflecting on
what I want out of my studio practice and
how I can have an impact on my community.
This project hits both goals for me—it will be
a challenge in terms of my studio practice,
helping me materially realize something
new while playing to my maker strengths,
but also connect me with my community
in terms of being able to impart/share the
power of self-expression and storytelling
through food and creativity.
In Conclusion
Basically, I've got the maker and teaching
chops to pull this off, and I think I can
facilitate and design something that will have
a positive and lasting impact on the Doon
Community. I love the format of this call,
how I get to know and work directly with
the community (i.e. the people who will live
with my art), coupled with the opportunity
to make an ambitious permanent artwork.
Woodcuts printed on rice paper.
Page 23 of 57
j�
� \
( m �
....: ...��\.���� ...�..
Drawings/sketches in my studio. This Rwhere meas psmrthecut oa _oder begin.
Page 24 0 57
Staff Report
l
IKgc.;i' r� R
Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: June 2, 2025
SUBMITTED BY: Amanda Fusco, Director, Legislated Services, 519-904-1402
PREPARED BY: Kristin VanDerGeld, Manager of Licensing, 519-904-5605
WARD(S) INVOLVED: All
DATE OF REPORT: April 17, 2025
REPORT NO.: COR -2025-041
SUBJECT: Short-term Rental By-law
RECOMMENDATION:
That the Short-term Rental By-law be approved in the form shown attached to staff report
COR -2025-041 as Appendix "A" to COR -2025-041,
That the fees set out in Appendix "B" of staff report COR -2025-041 be approved; and
That the request for one (1) Full Time Equivalents (FTE) to support the administration,
inspection, and enforcement of the Short -Term Rental By-law be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide follow-up as requested by Council at the June 24,
2024, meeting.
• Staff have separated the short-term rental provisions from the Shared Accommodation
By-law as proposed in staff report COR -2024-233 and COR -2024-288 to create a stand-
alone Short-term Rental By-law.
• Additional community engagement with potential stakeholders was conducted in the form
of in-person sessions and an online Engage Kitchener survey.
• This report supports Building a Connected City Together: Focuses on neighbourhoods;
housing and ensuring secure, affordable homes; getting around easily, sustainably and
safely to the places and spaces that matter.
BACKGROUND:
On June 24, 2024, Council 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 amendments to the City's Official Plan and Zoning
By -Law to permit lodging houses city-wide in all residential zones were approved, staff were
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 25 of 57
directed to separate the proposed licensing regulations for Lodging Houses into a stand-alone
by-law and that the proposed Short -Term Rental provisions be deferred to allow additional time
to further review requirements and conduct further engagement with potential stakeholders. On
August 12, 2024, the Finance and Corporate Services Committee considered report COR -2024-
344 (Lodging House By-law) which sought approval of licensing framework to regulate lodging
houses in the form of a Lodging House By-law. The Lodging House By-law was approved and
came into effect on January 1, 2025. 1 n the final quarter of 2024, staff explored options for short-
term rental licensing, making a deliberate effort to engage with the community further as well as
examine the approaches taken by other municipalities. As a result, a proposed Short-term Rental
By-law was developed. This report is seeking Council's approval of the Short-term Rental By-
law, associated licensing fees and additional staffing resources.
REPORT:
Regulating short-term rentals (STRs) through licensing is becoming increasingly important as
the market for platforms like Airbnb, Vrbo, Expedia, and Booking.com has grown rapidly in recent
years. These platforms allow property owners to rent out their homes or rooms for short stays,
offering significant benefits, such as increased income for hosts and more affordable, unique
accommodation options for travelers. However, as STRs proliferate, concerns have emerged
that necessitate formal regulation. Some key reasons why licensing STRs is crucial:
• Public Safety
• Consumer Protection
• Nuisance Control
• Enabling Data Collection
Engagement:
Staff explored options for Short -Term Rental Licensing by conducting thorough community
engagement, meeting with interested stakeholders, and examining the strategies employed by
neighboring municipalities. Further engagement sessions were conducted in collaboration with
the City of Waterloo, who was also reviewing short-term rental regulations.
To ensure the greatest amount of qualitative feedback from the community, staff collaborated
with the city's Community Engagement Consultant to develop thorough, objective, and non -
biased survey questions to inform Council regarding impacts, licensing regimes and
neighborhood integration of short-term rentals. An online Engage Kitchener survey was posted
between November 5th, 2024, and December 6th, 2024, and the survey was advertised on social
media, the City's website, and within City facilities. Survey links were also shared with student
associations like CSI and with individuals who had previously engaged with staff. The survey on
short-term rentals had 581 contributors, with 18% of survey respondents identifying as short-
term rental owner/operators and the remaining 82% identifying as citizens who reside in a
neighbourhood where a STR is operating and other interested parties. Key highlights from the
short-term rental survey results include the following:
• 65% of respondents felt that short-term rentals should be regulated through licensing
• 51% of respondents described their experience having a short-term rental property in
their neighbourhood as negative or very negative.
Page 26 of 57
• 53% of respondents felt that operating a short-term rental was a business.
• 59% of respondents felt a short-term rental should be restricted to an owner's principal
residence.
• 61 % of respondents felt the maximum number of days for a short-term rental should be
30 days or less.
The survey also provided respondents the opportunity to offer free -form suggestions, ideas, and
feedback. Key takeaways from those comments include:
• Some respondents suggested that a complete ban on short-term rentals should be
considered.
• Many respondents feel that short-term rentals worsen the housing crisis by decreasing
the availability of long-term rental options, increasing housing prices, and creating
competition for affordable housing.
• Some respondents pointed out the positive impacts of STRs, including well-maintained
properties, boosted tourism, and the provision of flexible housing options for temporary
needs.
• Negative perceptions of STRs include issues like noise, nuisance, parking, lack of
accountability from absentee owners, and a decline in community cohesion.
• Supporters of STRs highlighted that short-term rentals boost the local economy by
encouraging tourism and generating job opportunities for cleaners, maintenance workers,
and other service providers.
• Some respondents believed a tiered licensing approach would be useful to differentiate
between commercial operators and hosts who rent out their principal residence.
In addition to the survey, staff also held two joint in-person engagement sessions with the City
of Waterloo on November 18th and 27th, 2024. These sessions were attended by approximately
40 people combined, primarily comprised of short-term rental operators. At these sessions, staff
presented regulatory options being used by other area municipalities, potential insurance
implications, and had a presentation by a representative from Airbnb to discuss the company's
position on licensing. The key take-aways from these sessions were:
• Some participants supported licensing frameworks for better safety and accountability,
while others opposed them, citing potential challenges for small operators, higher costs,
and decreased flexibility.
• Participants emphasized the economic benefits of short-term rentals, including
generating local revenue and supporting tourism.
• Some expressed concerns about the cost and necessity of commercial insurance for
hosts.
• Participants discussed principal residence requirements, with a preference for a tiered
licensing approach.
• There were discussions about the differences between short-term and long-term rentals,
along with concerns regarding how the Residential Tenancies Act regulations might
apply.
Page 27 of 57
Municiaal Scan:
A thorough review of municipalities with existing short-term rental by-laws was conducted, and
staff met with representatives to gather feedback on their licensing programs. Additionally, staff
engaged with Explore Waterloo Region and received insights into how other provinces, such
as Nova Scotia, are handling licensing. Staff also reviewed the City of Cincinnati's Short -Term
Rental By-law, as it was highlighted as a point of interest during our engagement sessions.
Overall, municipalities are adopting a licensing framework from STR's, and many are limiting
operators to a single STR unit within their principal residence and prohibiting commercial or
multi -listing operators with the objective of protecting the long-term rental housing market.
Research into other jurisdictions that have implemented the principal residence restriction have
expressed challenges from an enforcement perspective because it is resource -intensive and
requires significant investigation. During our engagement sessions many operators expressed
a clear preference for maintaining their properties as short-term rental units and confirmed they
would not transition into the long-term rental market, should such a restriction be imposed.
Additionally, many municipalities have opted to license short-term rental platforms like Airbnb,
rather than just the hosts, for several key reasons such a better enforcement and compliance,
transparency and data access, and mitigating negative impacts.
Application requirements vary by municipality, but the majority are renewed annually and have
minimum requirements such as an associated licensing fee, proof of ownership, proof of
principal residence (where applicable), and insurance. Some municipalities have chosen more
robust requirements that include electrical and HVAC inspections, property maintenance plans,
and a criminal record check.
During stakeholder engagement sessions staff presented the benefits and challenges of
STR's, policy options, what other are municipalities are doing, and potential application
requirements. City of Cambridge currently does not have any short-term licensing regulations
in place and the City of Waterloo has amended their Residential Rental Licensing By-law to
allow for the operation of a short-term rental in an owner's principal residence in low-rise rental
properties. This was implemented as interim measure until a broader rental licensing review is
completed. During these sessions staff heard that many STR operators rely on this as their
primary source of income and are not opposed to licensing but expressed that an overly
complex application or inspection process could create barriers for small business owners.
Proposed By-law Components
The proposed By-law aims to regulate short-term rentals through a tiered licensing system that
establishes rules for both principal and non -principal residence STRs, as well as for hosting
platforms such as Airbnb and Vrbo.
A Short -Term Rental is defined as a Dwelling Unit or part thereof used to provide transient
sleeping accommodations for a period of thirty (30) consecutive days or less, typically
facilitated through a Short-term Rental Company, and may include a traditional bed and
breakfast, but does not include a rental arrangement exceeding thirty (30) consecutive days.
Page 28 of 57
Residential rental properties that are operating as long-term rentals (more that 30 consecutive
days) will not be captured under this By-law.
The licence categories include the following:
Short -Term Rental Com
Would capture any online service, website, mobile application, or other digital platform that
markets and brokers the booking, reservation, or rental, of a Short -Term Rental for
compensation (such as Airbnb and Vrbo).
Short -Term Rental Princiaal Residence:
Includes any person who operates or permits the operation of a Short-term Rental in their
Principal Residence.
Short -Term Rental Commercial:
Incorporates any person who operates or permits the operation of a Short-term Rental in a
dwelling unit that is not their Principal Residence.
Application Requirements:
Application requirements include detailed floor plans that indicate the locations of all smoke
and carbon monoxide alarms, a fire checklist, confirmation of insurance, proof of ownership
and principal residence where applicable, and a Dedicated Responsible Person that will
adhere to requisite response times in relation to the STR. A Guest Handbook will be
developed by staff and completed by the licensee, and it will contain contact information for the
Dedicated Responsible Person, emergency and non -emergency services, and reference
materials associated with relevant city by-laws such as noise, nuisance, and parking.
What Staff Heard:
Staff conducted significant engagement and are recommending modifications to what was
originally proposed in Shared Accommodation staff report COR -2024-233. This is what we
heard:
What We Heard
Proposed Modification
• Bedroom limits would decrease
• Removed bedroom limits but all
income potential and flexibility.
rooms used for guest accommodation
must meet applicable building
standards.
• A requirement to keep a guest registry
• Requirement removed for STR hosts.
would be cumbersome and all guest
STR Company's (platforms) will be
information is not always provided to
required to keep a record of each
the STR hosts by the platforms.
concluded transaction in relation to a
Page 29 of 57
The proposed modifications will offer a structured, low -barrier way to bring STR activity into
compliance with licensing requirements while improving oversight and accountability,
supporting public safety, while providing useful data collection that can help to track trends
such as the impact on long-term housing, neighbourhood concerns, and can inform future
policy decisions.
Page 30 of 57
Short-term Rental listed or advertised
on its platform.
• Limiting the number of days that an
• Removed the cap on number of days
STR can operate per year would
an STR can operate per year.
reduce host income and would involve
undo administrative complexity.
• Booking length of a maximum of 90
• STR definition updated to reflect
consecutive days was not conducive
accommodations for a period of thirty
to those that may need a STR for a
(30) consecutive days or less. Any
longer stay due to family medical,
stay longer than 30 days would not be
renovations, or insurance claims.
considered a STR.
• Limit the number of inspections
A fire safety checklist and basic floor
required upon application and
plans will be required to confirm
reconsider floor plans. Guest reviews
compliance with minimum fire safety
and ratings act as informal quality
and building standards. Inspections
control.
may be conducted in response to
complaints or if an application
package is deemed incomplete or
unsatisfactory.
• A tiered licensing approach allows for
• The proposed by-law incorporates a
flexibility and may reduce licensing
tiered licensing approach for principal
costs.
residence operators, commercial
operators, and platforms.
• The proposed licensing fees are too
• Fees have been reduced while
high for small business owners.
supporting a cost recovery model and
include licensing STR Companies.
• Meeting insurance requirements will
• Staff continue to recommend
significantly increase premiums.
insurance requirement based on
advice provided by the Waterloo
Region Municipal Insurance Pool. If
the STR is already adequately insured
as contractually required to do so
under their insurance policy, there
should be no additional cost/premiums
charged.
The proposed modifications will offer a structured, low -barrier way to bring STR activity into
compliance with licensing requirements while improving oversight and accountability,
supporting public safety, while providing useful data collection that can help to track trends
such as the impact on long-term housing, neighbourhood concerns, and can inform future
policy decisions.
Page 30 of 57
Implementation Plan:
As with the introduction of any new by-law, there will be an initial period of preparation to allow
for system modifications, administrative organization, recruitments/training of staff, and
process improvements. Followed by a public awareness campaign that will focus on
regulations. Staff will work Communications to establish a presence on the City of Kitchener
website to provide information and application requirements. Application intake will begin on
January 1, 2026, for those seeking an opportunity to voluntarily comply with the new licensing
regulations.
Fnfnrcement-
As a result of the proactive planning and strengthened enforcement measures introduced
through the Lodging House Program, Council approved the addition of two full-time equivalent
(FTE) positions—a Licensing Inspector and a Property Standards Officer. These roles are
expected to have the capacity to absorb inspection and enforcement responsibilities related to
short-term rentals. Enforcement will be carried out primarily by Licensing Inspectors through
field inspections, monitoring of online platforms, and information sharing with both internal
departments and external partners. Reactive enforcement will be conducted based on
response to public complaints and will be investigated based on urgency and public safety.
Licensing and Property Standards enforcement will be conducted using a progressive
approach which may include but is not limited to fines and or charges under the Provincial
Offences Act/Administrative Monetary Penalty System. The Manager of Licensing may apply
conditions on a licence or refuse/revoke a licence (subject to a hearing before the Licensing
Appeal Committee).
Administration:
Staff project that there are approximately 600-800 STR's operating in Kitchener. There is
currently no capacity for existing staff to intake, review, analyze and process the expected
volume of STR applications in addition to the approximately 3,000 business license
applications that are processed annually. Staff are requesting the addition of one (1) new
Licensing Administrator to assist with customer service, application processing and issuance.
It is expected that the expenses related to the FTE will be off set by the collection of licensing
fees (Appendix B).
Zoning By-law Compliance:
Staff have identified that at such time as Short Term Rental By-law comes into effect, Zoning
By-law regulations for `tourist home' and `bed and breakfast' as home business uses are no
longer required. As such, staff anticipate advancing a Zoning By-law amendment during the
implementation period to remove these uses from the Zoning By-law. This will eliminate
duplication and potentially contradictory regulations.
Page 31 of 57
STRATEGIC PLAN ALIGNMENT:
This report supports Building a Connected City Together: Focuses on neighbourhoods; housing
and ensuring secure, affordable homes; getting around easily, sustainably and safely to the
places and spaces that matter.
FINANCIAL IMPLICATIONS:
If supported, the Short -Term Rental Program would have operating budget financial implications
associated with the cost of 1 full-time employee (salary and fringe benefits). Staffing includes a
Licensing Administrator $93,871.56. The recruitment of 1 full-time equivalent (FTE) to oversee
the administration of the Short -Term Rental By-law is a minimum requirement for ensuring the
success of the program.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
CONSULT — Staff used the Engage WR platform to solicit public feedback on STR's and
potential licensing regulations which solicited engagement from over 500 respondents. In
addition, staff reached out to groups such as Conestoga Students Inc., and members of K -W
Airbnb.
COLLABORATE — In collaboration with the City of Waterloo staff hosted two joint in-person
engagement sessions on November 18th and 27th, 2024. These sessions were attended by
approximately 40 people combined, primarily comprised of short-term rental operators. At these
sessions, staff presented regulatory options being used by other area municipalities, potential
insurance implications, and had a presentation by a representative from Airbnb. .
PREVIOUS REPORTS/AUTHORITIES:
• COR -2024-288 Supplemental Report Shared Accommodation By-law
• COR -2024-233 — Shared Accommodation By-law
• DSD -2024-249 - City-wide Loding House Review
• DSD -2021-11 — Lower Droon 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 — Short -Term Rental By-law
Attachment B - Licensing Fees
Page 32 of 57
BY-LAW OF THE
CORPORATION OF THE CITY OF KITCHENER
BY-LAW NO. 2025 -XXX
BY-LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF SHORT-TERM
RENTALS 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 municipality to provide
for a system of licences;
AND WHEREAS Section 11 of the Municipal Act authorizes a Municipality to pass bylaws
responding to health, safety and well-being of person, parking on property, structures
include 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 33 of 57
1. Definitions
"Administrative Penalty By-law" means the Administrative Penalty System for
Violations of Non -Parking By-laws, By-law Number 2024-001 of the City, as amended
from time to time, or any successor thereof.
"Adult" means an individual eighteen years of age or older.
"Agent" means a Person authorized in writing by an Owner 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 and in accordance with the requirements
set out in this By-law.
"Application Licence Fee" means a pre -determined fee approved by Council through
the User Fee Schedule as part of the budget that is paid by a Person as part of the
Application for a Licence.
"Bedroom" means a room or area used, separated from the common living area(s) which
is equipped with a sleeping type bed and a closable, latching door for privacy. A Bedroom
shall further meet the requirements for natural light as set out in the Building Code Act,
and if located in a basement, must provide the for adequate means of egress, as
approved by the City's Fire Department.
"Building Code Act" means the Building Code Act, 1992, S.O. 1992. c.23, as amended,
including any regulations enacted thereunder.
"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) the operation of a Short -Term Rental;
c) exhibitions, concerts, festivals, and other organized public amusement held for
profit or otherwise;
d) the sale or hire of goods or services on an intermittent or one-time basis and the
activities of a transient trader; and
e) the display of samples, patterns, or specimens of goods for the purpose of sale or
hire.
Page 34 of 57
"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 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, the Not -for -Profit
Corporations Act, 201, S.O. 2010, c.15, or other applicable Federal or Provincial Act, as
the case may be.
"Council" means the elected officials comprising the municipal council of the City.
"Dedicated Responsible Person" means a Person who is either the Owner/Licensee
or an agent, representative, or property maintenance company who is authorized to act
on behalf of the Owner/Licensee and who is responsible for managing and addressing
issues in relation to the Licensed Premises.
"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, their successor in title,
or their designate.
"Dwelling Unit" means a building or part thereof used or intended to be used as a
residential unit that contains cooking, eating, living, sleeping and sanitary facilities.
"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 of a person's identity and includes, but is not
limited to, a driver's licence and passport.
"Guest" means a Person renting a Short -Term Rental by way of concession, permit,
lease, rental agreement or similar contractual arrangement.
Page 35 of 57
"Guest 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 Guest 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.
"Human Rights Code" means the Human Rights Code, R.S.O. 1990, 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.
"Licence" means a licence to operate a Short -Term Rental issued under this
By-law and the termed "licensed" shall have a corresponding meaning.
"Licensed Premises" means the Dwelling Unit referred to on a Licence issued pursuant
to this By-law.
"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.
"Manager of Licensing" means the City's Manager of Licensing, their successor in title,
or their designate.
"Medical Officer of Health" means the Medical Officer of Health for the Region of
Waterloo Public Health or their designate.
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
"Officer" means an employee or agent of the City or a member of the Waterloo Regional
Police Services and shall include, without limitation, the Manager of Licensing, a
municipal law enforcement officer, by-law enforcement officer, or Business Licensing
Inspector, the Director, the Chief Fire Official, the Chief Building Official, the City's
Director of By-law Enforcement, or any person or inspector duly authorized on their behalf
or otherwise authorized by Council.
"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" means the registered owner of the Property, or a Person who has leased the
Property.
Page 36 of 57
"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.
"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(s) or a lessee of a Property predominantly reside and has designated it 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 thereon.
"Regulations of this By-law" means the provisions of this By-law including the
applicable schedules.
"Short -Term Rental" means a Dwelling Unit or part thereof used to provide transient
sleeping accommodations for a period of thirty (30) consecutive days or less, typically
facilitated through a Short-term Rental Company, and may include a traditional bed and
breakfast, but does not include a rental arrangement exceeding thirty (30) consecutive
days.
"Short -Term Rental — Principal Residence" means any Person who operates or
permits the operation of a Short -Term Rental in their Principal Residence.
"Short -Term Rental — Commercial" means any Person who operates or permits the
operation of a Short -Term Rental in a Dwelling Unit that is not their Principal Residence.
"Short -Term Rental - Company" means any online service, website, mobile application,
or other digital platform that markets and brokers the booking, reservation, or rental, of a
Short -Term Rental for compensation.
"Zoning By-law" means all applicable by-laws in effect and enacted in accordance
section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, that restrict the use of
land in the City.
Page 37 of 57
2. Regulated Short -Term Rentals
2.1 The Short -Term Rentals as 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
3.1 This By-law shall not apply to the following, where not defined herein shall be
defined in section 3 of the City of Kitchener Zoning By-law:
a) Hotel;
b) Motel;
c) Inns;
d) Lodging House; or
e) 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. 0. 2010, c. 11, as amended,
iv) Social Housing Reform Act, 2000, S. 0. 2000, c.27, as amended,
v) Hotel Registration of Guests Act, R.S.O. 1990, Chapter H.17, as amended;
vi) Accommodation Sector Registration of Guests Act, 2021, R.S.O. 2021,
chapter 21, Schedule 1, as amended; and/or,
vii) Residential Tenancies Act, 2006, S. 0. 2006, c. 17.
3.2 No Person shall:
a) own, operate, permit to be operated, or act in the capacity of a Short -Term
Rental set out in Schedule 1 without a Licence issued in accordance with
this By-law;
b) own, operate, permit to be operated, or act in the capacity of a Short -Term
Rental as set out in Schedule 1 without complying with the Regulations of
this By-law;
c) operate a Short -Term Rental licensed under this By-law:
i. at a location other than the Licensed Premises where applicable;
Page 38 of 57
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 Short -Term Rental
without a Licence; or
h) advertise a Short -Term Rental without including the current Licence number
in every advertisement.
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 of Licensing;
b) the applicable Application Licence Fee;
c) any other documents as required by the Regulations of this By-law; and
d) 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.
Page 39 of 57
4.3The Manager of Licensing may require the Applicant to have investigations
conducted and obtain documentation from and provide to the Manager of
Licensing, or to have documentation provided by any of the following or their
designates: the Chief Fire Prevention Officer, Chief Building Official, Regional
Medical Officer of Health, Waterloo Regional Police Services, and Director of
By-law Enforcement.
4.4 For a renewal of a Licence, an Applicant shall submit the following to the Manager
of Licensing:
a) a renewal Application in the form prescribed by the Manager of Licensing;
b) the applicable Application Licence Fee; and
c) documents as required by the Regulations of this By-law; and
d) any documentation that may be required by the Manager of Licensing with
respect to investigations required pursuant to this By-law.
4.5 Every Licensee shall:
a) notify the Manager of Licensing within fourteen (14) days of any changes in
the ownership of the Licensed Premises;
b) shall comply with all applicable federal, provincial or municipal legislation,
including, but not limited to, the Building Code Act, 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;
c) All municipal taxes, licenses, fines, or charges, and building permits for the
Licensed Premises must be current and not outstanding before a Licence
will be issued; and
d) comply with the conditions and restrictions placed on the Licence by the
Manager of Licensing or the Licensing Appeal Tribunal.
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.
Page 40 of 57
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, 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 Applicant 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
c) the Property or Dwelling Unit specified on the Application are subject to any
Order that has not been complied with made pursuant to the Building Code
Act, or the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, or by the
Medical Officer of Health; or
d) the Licence has been suspended or revoked by the Manager of Licensing or
the Licensing Appeal Tribunal.
Page 41 of 57
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 Short -Term Rental to another
Person, the Licence issued 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 Licensed Premises poses
a threat to the health and safety of the public 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, Guests residing in the Licensed Premises may continue to reside in
the premises until a final decision has been rendered by the Licensing Appeal
Tribunal, unless an order or other directive is issued under any other legislation or
by a court of competent jurisdiction which orders or directs the removal or
departure of the Guests 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.
Page 42 of 57
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 their Short -Term Rental 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 operating a Short -Term
Rental;
e) 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
f) the provisions of this By-law provide grounds not to issue or renew.
8.6 When any matter has been referred or appealed to the Licensing Appeal Tribunal
the Applicant or Licensee shall be given reasonable notice of the time and place
of the hearing and shall be invited to make a submission either in writing or
verbally.
8.7 When any matter has been referred or appealed to the Licensing Appeal Tribunal,
after due consideration of the Application or Licence and after the Licensing Appeal
Tribunal has heard such representations as the Applicant or Licensee and staff
may care to make, may direct that the Licence be issued or renewed, or may
refuse, suspend, revoke, or add conditions to a Licence where:
a) the Applicant or Licensee does not meet the requirements of this By-law or
any other applicable law or by-law;
b) information or documentation required by the Manager of Licensing as part
of the application process has not been provided;
Page 43 of 57
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 Short -Term
Rental 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 the operation of a Short -Term Rental;
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.
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 Officer authorized by the Manager of Licensing may enter onto Premises at
all reasonable times and in accordance with any applicable requirements in the
Municipal Act to 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.
Page 44 of 57
9.2 No person shall obstruct or hinder or cause to be obstructed or hindered any
Officer or Officers 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 the Municipal Act.
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
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 Licensee, 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
Page 45 of 57
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.
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).
Page 46 of 57
12.2 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).
12.3 Sections 3.2, 4.5, 8.8, 9.2 10.4, and Schedules 4, 5, 6 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.
12.4 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.
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.
13.2 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.
14. Schedules
14.1 The schedules attached to this By-law shall form part of this By-law.
15. Short Title
15.1 This By-law shall be known as the "Short -Term Rental By-law".
16. Severability
16.1 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.
17. Coming into force
17.1 This By-law shall come into force and effect on January 1, 2026.
Page 47 of 57
18. Municipal Code
18.1 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 48 of 57
SCHEDULE 1
SHORT-TERM RENTAL LICENCE CATEGORIES
LICENCE CATEGORY
REGULATIONS
Short -Term Rental - Company
Schedule 4
Short -Term Rental - Principal Residence
Schedule 5
Short -Term Rental - Commercial
Schedule 6
Page 49 of 57
SCHEDULE 2
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 50 of 57
SCHEDULE
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 Short -Term Rental;
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 51 of 57
SCHEDULE 4
SHORT TERM RENTAL - COMPANY
1. In addition to the licensing requirements set out in section 4 of the By-law; an Applicant
for a Short -Term Rental - Company Licence shall supply the following:
a) The company's registered Business address in Canada;
b) The name, title or position, telephone number, and email address of a person
responsible for responding to all communications from the City;
c) The website or app through which the applicant brokers or facilitates reservations
for Short -Term Rentals; and
d) Any other information or documents as required by the Manager of Licensing.
3. Every Short -Term Rental - Company Licensee shall:
a) Provide in a conspicuous place a field on the platform/website to allow a Licensee
to input their Licence number;
b) Provide on a quarterly basis or upon request, a list of Short -Term Rentals active
on their platform(s), including the operator ID, listing URL, and corresponding
Business Licence number;
c) Upon request remove listings that the City has deemed to be not in compliance
with by-law regulations; and
d) Keep a record of each concluded transaction in relation to a Short -Term Rental
listed or advertised on its platform for three (3) years following the last day of the
rental period. A transaction is concluded on the last day of the rental period. The
records retained shall include the following:
i) the name, address, and Licence number of the Short -Term Rental;
ii) the number of nights the Short -Term Rental was rented;
iii) the nightly and total price charged for the Short -Term Rental;
iv) Whether the rental was an entire -unit rental or room rental; and
v) Any other information required by the Manager of Licensing.
Page 52 of 57
SCHEDULE 5
SHORT-TERM RENTAL - PRINCIPAL RESIDENCE
1. In addition to the licensing requirements set out in section 4 of the By-law; an
Applicant for a Short -Term Rental — Principal Residence Licence shall supply the
following:
a) Proof of ownership;
b) If the Applicant is the lessee of the Property or if the Property is a condominium
unit, written consent from the Property owner and/or the condo board;
c) Proof of Principal Residence in the form of at least 2 of the following:
i) a copy of the Applicant's driver's licence or government -issued photo
identification card;
ii) a copy of the Applicant's most recent tax return;
iii) a copy of the Applicant's most recent property tax bill; or
iv) a copy of the Applicant's lease agreement.
d) Proof of Insurance;
e) Floor Plans;
f) The number of Bedrooms available for rent;
g) Guest Handbook; and
h) a current list of all platforms in which the Short -Term Rental is listed, advertised,
solicited, other otherwise held out for rent.
2. The Application for a Short -Term Rental - Principal Residence are subject to the
following approvals:
a) Fire Approval; and
b) Planning Approval.
Page 53 of 57
3. Every Short -Term Rental - Principal Residence Licensee shall:
a) post the Licence in a conspicuous place at the Licensed Premises;
b) have a Dedicated Responsible Person who is responsible for managing or
addressing issues in relation to the 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 Short -Term Rental;
c) create and display at the Licensed Premises a Guest Handbook;
d) ensure the number of cars parked on the property do not exceed the number of
parking spaces which can be legally provided in accordance with the Zoning By-
law;
e) ensure that each bedroom complies with the Building Code Act and any
regulations thereto with regards to access to natural light and window
requirements;
f) ensure that each Bedroom has no more than 2 Adult occupants;
g) not hold more than one Short -Term Rental - Principal Residence Licence.
Page 54 of 57
SCHEDULE 6
SHORT-TERM RENTAL - COMMERCIAL
1. In addition to the licensing requirements set out in section 4 of the By-law; an Applicant
for a Short -Term Rental - Commercial Licence shall supply the following:
a) Proof of ownership;
b) If the Applicant is not an owner of the property or if the property is a
condominium unit, written consent from the property owner and/or the condo
board;
c) Proof of Insurance;
d) Floor Plans;
e) The number of Bedrooms available for rent;
f) Guest Handbook; and
g) a current list of all platforms in which the Short -Term Rental is listed,
advertised, solicited, other otherwise held out for rent.
2. The Application for a Short-term Rental - Commercial are subject to the following
approvals:
a) Fire Approval; and
b) Planning Approval.
3. Every Short -Term Rental - Commercial Licensee shall:
a) post the Licence in a conspicuous place at the Licensed Premises;
b) have a Dedicated Responsible Person who is responsible for managing or
addressing issues in relation to the 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 Short -Term Rental;
c) create and display at the Licensed Premises a Guest Handbook;
d) ensure the number of cars parked on the property do not exceed the number of
parking spaces which can be legally provided in accordance with the Zoning By-
law;
Page 55 of 57
e) ensure that each bedroom complies with the Building Code Act and any
regulations thereto with regards to access to natural light and window
requirements;
f) ensure that each Bedroom has no more than 2 Adult occupants;
g) hold a separate Licence for each Short -Term Rental.
Page 56 of 57
`APPENDIX B'
SHORT-TERM RENTAL LICENSING FEES:
LICENCE TYPE:
ANNUAL FEE:
SHORT-TERM RENTAL - COMPANY
$5,000
SHORT-TERM RENTAL — PRINCIPAL RESIDENCE
$300
SHORT-TERM RENTAL - COMMERCIAL
$500
Page 57 of 57