Short Term Rental Licensing and Regulation By-Law No. 12-24 (Amended) — full text

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RURAL MUNICIPALITY OF LAC DU BONNET SHORT TERM RENTAL LICENSING BY-LAW BY-LAW No 12-24 (amended) BEING a by-law of the Rural Municipality of Lac du Bonnet to provide for the permitting, licensing and regulation of short-term rentals and to amend By-Law 12-24 WHEREAS Section 232(1) of The Municipal Act authorizes a council for a municipality to pass by-laws for municipal purposes related to: a) the safety, health, protection and well-being of people and the safety and protection of property, b) subject to section 233, activities, or thing in or on private property. c) the enforcement of by-laws AND WHEREAS Section 232(2)(a)(c) and (e)(i) of the Act authorizes a council for a municipality, in a bylaw passed until Section 232 of the Act, to: a) regulate or prohibit; b) deal with any development, activity, industry, business or thing in different ways, or divide any of them into classes and deal with each class in different ways: c) establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation; AND WHEREAS Section 233(b)(d) of the Act provides that a by-law under clause 232(1)(c), the by-law may contain provisions only in respect of: a) The parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing; b) Activities or things that in the opinion of the council are or could become a nuisance, which may include noise, weeds, odors, unsightly property, fumes and vibrations. AND WHEREAS Section 236(1) of the Municipal Act provides that without limiting the generality of clause 232(1)(0) enforcement of by-laws, a by-law passed under that clause may include provisions a) Providing for procedures, including inspections, for determining whether by-laws are being complied with; and b) Remedying contraventions of by-laws, including: i. Creating offences, ii. Subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty related to a fee, rate, toll, charge, or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law, iii. Providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act, iv. Seizing, removing, impounding, confiscating, and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention, v. Charging and collecting costs incurred in respect of acting under subclause vi. Imposing a sentence of imprisonment for not more than six months for the commission of offences or nonpayment of fines; AND WHEREAS the Rural Municipality of Lac du Bonnet's Enforcement By-law, as amended from time to time, provides for the enforcement of any violations or contraventions of this by-law; AND WHEREAS it is deemed necessary and desirable to licence and regulate short-term rentals within the Rural Municipality of Lac du Bonnet to ensure the safe operation and occupation of short-term rentals, reduce the negative impact on neighbours and neighbourhoods, support the tourism industry and local businesses, ensure cost recovery through licensing fees and achieve a high degree of voluntary compliance. Page 1 of 12 RURAL MUNICIPALITY OF LAC DU BONNET SHORT TERM RENTAL LICENSING BY-LAW BY-LAW No 12-24 (amended) g. If the past conduct of the licensee creates a reasonable apprehension that the use of the dwelling unit for an STR will not be carried on in compliance with this by-law. Reasonable apprehension can be defined in consideration of the following parameters: i) History of Non-Compliance - if the licensee has previously violated STR regulations or other municipal bylaws pursuant to Article 10.4. ii) Public Complaints - a history of valid complaints from neighbours or the public regarding disturbances, safety concerns or misuse of the property. iii) Legal Actions - any previous legal or enforcement actions taken against the licensee related to the STR. iv) Failure to Address Issues - if the licensee has failed to rectify previous issues brought to their attention, especially after warnings or fines, demonstrates a lack of good faith in adhering to rules. v) Safety and Maintenance Violations - past failure to comply with safety, building or fire codes for the dwelling unit. vi) Patten of Irresponsible Behavior - if the licensee shows a pattern of neglecting responsibilities associated with property management or tenant issues. vii) Misrepresentation - If licensee has previously provided misleading or false information on applications or during inspections. 13.2 The STR officer may cancel and revoke an STR licence for any of the reasons stated in section 13.1, the licensee must be provided with a reasonable opportunity to be heard pursuant to section 14. 13.3 The suspension or cancelation of an STR licence shall be made in writing, signed by the STR /Enforcement officer, and served on the licensee at the address included in the STR licence application or renewal, or the last known address, and delivered to the licensee by registered mail. 13.4 Further to section 13.3, the Licensee shall also be subject to a fine as outlined in Section 16. 13.5 The STR officer may post a notice of suspension on the exterior of the dwelling unit, for which the STR licence was issued, and the notice shall not be removed until the STR licence is reinstated, or the suspended licensee ceases to own or a new STR licence is issued for the dwelling unit. 13.6 No person shall operate an STR for which an STR licence has been suspended or canceled. 13.7 Licensees that have been served three (3) notices of contraventions per licence term will have their STR Permit and Licence canceled/revoked, and the STR Licence renewal application will be denied. SECTION 14 REQUEST FOR REVIEW 14.1 A person whose STR permit and STR licence application or renewal was denied, or whose STR licence has been suspended or cancelled, may appeal the decision in accordance with the RM Enforcement By-law. 14.2 Upon completion of the review, Council may confirm, vary or cancel the STR officer's decision by way of Council resolution and shall provide the person who requested the review with its written decision. 14.3 The decision of the Council on a review under this by-law shall be final. 14.4 All notices to the person who requested the review shall be issued to the address provided in the STR licence application or renewal, or last known address, and delivered to the person by registered mail. Page 10 of 12 RURAL MUNICIPALITY OF LAC DU BONNET SHORT TERM RENTAL LICENSING BY-LAW BY-LAW No 12-24 (amended) 17.2 As part of the initial implementation of this by-law, All STR Owners were required to apply for an STR permit and licence no later than July 1, 2025. STR Owners who failed to apply by this date became subject to enforcement in accordance with this by-law. 17.3 STR Owners who submitted an application for an STR permit and licence by July 1, 2025 were provided a grace period extending to September 1, 2025, to allow for processing of the applications. DONE AND PASSED in Council duly assembled at the Rural Municipality of Lac du Bonnet Council Chambers in Lac du Bonnet, in the Province of Manitoba this 24th day of March, 2026. READ A FIRST TIME: March 10, 2026 READ A SECOND TIME: March 10, 2026 READ A THIRD TIME: March 24, 2026 By-law Section Failure to obtain an STR Section 4,5,6,7 Permit Failure to obtain and/or Section 4,8,10 renew annual STR Licence Failure to post permit, Section 11 emergency route, quiet hours at the STR as required by Licence & Bylaw Failure of licensee to comply Section 12 with STR Conditions and Regulations Operation of STR during the Section 15 period when a licence has been suspended or canceled Chief Administrative Officer, Sandra Broek RESOLUTION: 2026 0087 RESOLUTION: 2026 0088 RESOLUTION: 2026 0106 SCHEDULE A - FINES 1st offense 2nd offense $500 $750 $500 $750 $500 $750 $500 $750 $500 $750 Page 12 of12 3rd offense $1000 $1000 $1000 $1000 $1000