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The Corporation of the Township of
Algonquin Highlands
By-Law 2024-81
Being a By-Law to License, Regulate and Govern the Operation of Short-Term
Rentals in the Township of Algonquin Highlands
Whereas subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25 ("Municipal Act, 2001")
provides that a municipal power shall be exercised by by-law;
And Whereas section 9 of the Municipal Act, 2001 provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of exercising its
authority under the Municipal Act or any other Act;
And Whereas pursuant to section 11 of the Municipal Act, 2001, the Township of Algonquin
Highlands has authority with respect to business licensing in the interest of health and safety,
well-being of persons, consumer protection, and nuisance control;
And Whereas pursuant to the provisions of Part IV of the Municipal Act, 2001, the Council of
the Corporation of the Township of Algonquin Highlands may provide for a system of Licences
with respect to businesses;
And Whereas pursuant to Section 151 of the Municipal Act, 2001, the Township of Algonquin
Highlands has authority to provide for a system of licensing, regulating, and governing with
respect to Short-term Rentals;
And Whereas subsection 151(5) of the Municipal Act, 2001 provides that subsection 151(1)
applies with necessary modifications to a system of licences with respect to any activity, matter
or thing for which a by-law may be passed under sections 9 and 11 as if it were a system of
licences with respect to a business;
And Whereas section 23.1 of the Municipal Act, 2001 establishes rules for the delegation of a
municipality's powers and duties, and section 23.2 permits a municipality to delegate certain
legislative and quasi-judicial powers;
And Whereas the Council for the Corporation of the Township of Algonquin Highlands is of the
opinion that the delegation of legislative powers under this by-law to the Director and to the
Appeals Committee including without limitation the power to issue and impose conditions on a
licence are powers of a minor nature having regard to the number of people, the size of the
geographic area and the time period affected by the exercise of the power, in accordance with
subsection 23.2(4) of the Municipal Act, 2001;
And Whereas sections 390 to 400 of the Municipal Act, 2001 authorize a municipality to pass
by-laws imposing fees or charges for services or activities provided or done by it or on behalf of
it;
And Whereas section 436 of the Municipal Act, 2001 authorizes a municipality to pass by-laws
providing that the municipality may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not there is compliance with a by-law, a
direction or order, or a condition of a licence;
And Whereas section 429 of the Municipal Act, 2001 provides that a municipality may establish
a system of fines for offences under a by-law of the municipality passed under the Municipal
Act;
And Whereas section 444 of the Municipal Act, 2001 provides that the municipality may make
an order requiring the person who contravened the by-law or caused or permitted the
contravention or the owner or occupier of the land on which the contravention occurred to
discontinue the contravening activity, and any person who contravenes such an order is guilty
of an offence;
And Whereas the Council for the Corporation of the Township of Algonquin Highlands has
deemed it necessary and desirable to regulate the Short-Term Rental of property in the
municipality;
Now Therefore the Council of the Corporation of the Township of Algonquin Highlands enacts
as follows:
1.0 Definitions
Accessory means incidental, subordinate, and exclusively devoted to the main use on a
property.
Accessory Building or Structure means a detached building or structure occupying an area
greater than 10 square metres (107.64 square feet) consisting of a wall, roof, and floor and any
of them or a structural system serving the function thereof, including any plumbing, works,
fixtures, and service systems appurtenant thereto, which is accessory, incidental and
subordinate to a main dwelling on a property. It does not contain kitchen facilities.
Accessory Residential Dwelling Unit means a dwelling unit which is accessory to a primary
Dwelling on a property. Accessory residential dwelling units may be within the primary Dwelling
or within Accessory Building or Structure where permitted in accordance with local Zoning
regulations.
Additional Residential Dwelling Unit(s) is/are self-contained dwelling unit(s) which are
accessory, incidental and subordinate to the primary Dwelling on a property. Additional
residential dwelling units may be within the primary Dwelling or within Accessory Building or
Structure where permitted in accordance with local Zoning regulations. The licensing of
Additional Residential Dwelling Units for Short-Term Rental accommodations will not be allowed
in Waterfront Areas.
Agent means a person duly appointed by the Owner to act on their behalf.
Applicant means the person applying to register the building or structure as a Short-Term
Rental under this By-law.
Appeals Committee means the body duly appointed by By-law to conduct hearings under this
By-law.
Bedroom means a room or area used for Short-Term Rental accommodation intended primarily
for overnight occupation and designed, equipped or intended for sleeping as defined by the
Ontario Building Code. A Bedroom shall exclude a kitchen, bathroom, foyer, lobby, closet,
laundry room, utility room, pantry and balcony.
Building means a structure occupying an area greater than 10 square metres (107.64 square
feet) that has one or more floors and a roof, and the use of which requires location on the
ground or attached to something having location on the ground.
By-law Enforcement Officer means a Municipal Law Enforcement Officer of the Township of
Algonquin Highlands, who is duly appointed by the Council of the Corporation for the purpose of
enforcing the provisions of the Corporation's By-laws.
Chief Building Official mean an official employed by the Township of Algonquin Highlands
appointed by By-law to perform the duties as set out in the Ontario Building Code Act, as
amended, and shall include any Inspector likewise employed and appointed.
Clerk - Municipal means the person appointed by Council to carry out the duties of the Clerk
described in section 228 of the Municipal Act, 2001.
Community Housing means housing typically intended for households who cannot afford
affordable rental housing or affordable ownership housing.
Cottage means the same as a Waterfront Area Dwelling.
Council means the Council for The Corporation of the Township of Algonquin Highlands.
County means The Corporation of the County of Haliburton.
Demerit Point System means the system established by this By-law whereby points are
applied to a Premises upon the determination of an infraction, to be tracked and kept on file as
to promote and ensure compliance with this By-law.
Director means an Officer of the Municipality appointed by the Council for the administration
and enforcement of this By-law, and may include but is not limited to, the Chief Administrative
Officer of the Municipality, or designate. The Director is also the Licence Issuer for the purpose
of this By-law.
Dwelling means a residential building, which is located in an area other than a Waterfront Area,
designed for the occupancy by one or more persons, containing one or more dwelling units as a
principal use thereof. It is designed for the continuous, year-round occupancy by one or more
person(s)/resident(s). It functions as and is intended to be used by the person(s) or resident(s)
as their domicile. It contains a kitchen, living quarters and sanitary facilities that are provided for
the exclusive use of the person(s) or resident(s).
Dwelling - Waterfront Area means a residential building, which is located in a Waterfront Area,
which contains only one dwelling unit which functions as a housekeeping unit used or intended
to be used by one or more person(s) or resident(s). It contains a kitchen, living quarters and
sanitary facilities are provided for the exclusive use of the residents. For the purposes of this
By-law, a Waterfront Area Dwelling may include a building built in accordance with Section 9.36
of the Ontario Building Code.
Dwelling Unit means one or more habitable rooms, used, designed or intended to be occupied
or capable of being occupied as a single housekeeping unit for the domestic use only, in which
sleeping, sanitary conveniences, and kitchen facilities are provided, in which a heating system
is provided, and which has a private entrance from outside the building or from a common
hallway or stairway inside. A Dwelling Unit does not include a tent, trailer, mobile home,
vehicle, boat, boathouse, vessel, room or suite of rooms in a boarding or rooming house, hotel,
motel or motor home.
Fee means a Fee payable under this By-law or the Fees & Charges By-law, which may be
amended from time to time.
Fire Chief means the person within the Municipality's administration who fulfills the function of
the fire chief as required by the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as
amended or their delegate; this definition will include Fire Prevention Officer as a delegate.
Guest Room means a room or a suite of rooms within a Dwelling or Waterfront Area Dwelling
used or maintained for the accommodation of an individual or individuals to whom hospitality is
extended for compensation that are offered for Short-term Rental intended primarily for
overnight occupation, which conforms to the standards for a Bedroom, as set forth by the
Ontario Building Code. For the purposes of this By-law, a Guest Room may include a Sleeping
Cabin if it is used and/or rented in conjunction with, but not separate from, the principle dwelling
and where permitted in accordance with local Zoning regulations.
Habitable Room means a room designed to provide living, dining, sleeping, bathroom, or
kitchen accommodation for persons. This definition shall not include any garage, carport, cellar,
closet, unheated porch or veranda, unfinished attic, unfinished basement, or any space used for
the service and maintenance of a Dwelling or for vertical travel between storeys.
Licence means an official, Township of Algonquin Highlands issued document that gives
permission to and is issued as proof to operate a Short-Term Rental accommodation pursuant
to this By-law.
Licensee means a person licensed under this By-law or a person required to be licensed under
By-Law No. 2024-81, being a by-law to license, regulate and govern the operation of Short-
Term Rentals in the Township of Algonquin Highlands.
Licence Class means the classification of a Short-term Rental as set out in Section 4 of By-
Law No. 2024-81, being a by-law to license, regulate and govern the operation of Short-Term
Rentals in the Township of Algonquin Highlands.
Lot means a parcel or tract of land, described in a deed or other legal document, which is
capable of being conveyed. For the purposes of this By-law, a lot shall also mean a property.
Licensee Code of Conduct & Acknowledgment means a document that has been prepared
by the Township of Algonquin Highlands that prescribes the roles and responsibilities of the
Licensee, including but not limited to behavioural expectations as they relate to non-disturbance
of neighbours; compliance with applicable Township of Algonquin Highlands by-law; and
adherence to the provisions of this By-law.
Market means to offer for rent, promote, canvass, solicit, advertise, or facilitate a Short-Term
Rental, but does not include the mere provision of a neutral space or location for such
marketing in newspapers, bulletin boards, or online.
Municipal Agent means a third-party contractor hired by the Municipality for the purpose of
compliance monitoring and complaint resolution related to Short-Term Rentals.
Municipality means The Corporation of the Township of Algonquin Highlands, and "Municipal"
has a corresponding meaning.
Officer means any person authorized by the Municipality to enforce by-laws and includes a
Municipal Law Enforcement Officer appointed to enforce the by-laws of the Municipality or a
police officer while in the course of his or her duties.
Owner means a person (or persons) who is the registered owner on title of a parcel of land
identified on the parcel register from the Land Registry Office.
Owner-occupied Short-Term Rental means a Short-Term Rental Accommodation being
offered in a Dwelling or Waterfront Area Dwelling where the Owner is residing while the
Premises is being used or operated as a Short-Term Rental Accommodation.
Parking Management Plan (PMP) means the plan developed in accordance with section 5.1
(n) of this By-law.
Individual includes an individual, a corporation, a partnership, and an association, and without
limiting the generality of the foregoing, includes an Owner, or an Applicant seeking to register a
Short-Term Rental under this By-law, as the context requires.
Plan for Fire Safety means the plan setting out a layout of the interior of the Short-Term Rental
with locations for all smoke alarms, carbon monoxide alarms, fire extinguishers and exits.
Planning By-law means a by-law passed under the Planning Act.
Premises means any real property, place, premises or location, or part thereof.
Registration means a registration issued pursuant to this By-law.
Responsible Person means an Agent or representative of an Owner or Applicant, if applicable,
who is responsible for managing or addressing issues in relation to the Owner's Short-Term
Rental.
Renter means any Individual occupying the Short-Term Rental by way of concession, permit,
lease, licence, rental agreement, or similar commercial arrangement.
Renter's Code of Conduct means the document that has been prepared by the Township of
Algonquin Highlands prescribing the roles and responsibilities of the Renter, including but not
limited to:
-
behavioural expectations as they relate to non-disturbance of neighbours;
-
compliance with applicable municipal by-laws; and
-
adherence to the provisions of this By-law.
Revoked means a licence that has been declared null and void by the Director.
Second or Secondary Units or Secondary Dwelling Units mean the same as Additional
Residential Dwelling Units for the purposes of this By-law.
Short-Term Rental (STR) means the accommodation or use all or part of a legally established
Dwelling Unit, as well as use of any accessory building capable of human habitation in
conjunction with but not independent or separately from the Dwelling or Waterfront Area
Dwelling, that operates or offers a place of temporary residence, lodging or occupancy by way
of concession, payment of a monetary fee, permit, lease, Licence or rental agreement or similar
commercial transaction for a period of less than twenty-eight (28) consecutive nights throughout
all or any part of a calendar year, but does not include a bed and breakfast establishment,
tourist establishment, tourist camping establishment, motel, hotel, hospital, campground or
similar commercial accommodation use or couch surfing.
Sleeping Cabin means an accessory building separate from a Dwelling or Waterfront Area
Dwelling, which is located on the same lot as the primary residential dwelling and may be
rented and/or used as accommodation by Renters if it is utilized in conjunction with, but not
separate from, the principle dwelling and where permitted in accordance with local Zoning
regulations. A Sleeping Cabin shall not contain cooking or kitchen facilities. Cooking or kitchen
facilities are defined as an area where food is stored or prepared or cooked and which has
cooking appliances and/or a kitchen sink. A Sleeping Cabin may contain sanitary facilities with
the approval of the appropriate authority. A Sleeping Cabin does not include a park model
trailer or tent. A Sleeping Cabin shall also mean a bunkie for the purposes of this By-law.
Special Events means activities being hosted at subject property by the Renter that may or
may not involve costs or monies for services provided (Examples: weddings, receptions,
retirement party, music event, etc.).
Tenant means the Individual responsible for and in possession of the Premises under a long-
term lease.
Use means, when used as a noun, the purpose for which a lot or building or structure, or any
combination thereof, is designed, arranged, occupied or maintained and when used as a verb,
"used" shall have a corresponding meaning.
Zoning means the Township of Algonquin Highlands' zoning by-law for the area in which the
Short-Term Rental Accommodation is located.
Waterfront Areas means all lands within 120 metres of a shoreline or all lands designated
"waterfront" within the Official Plan of the Township of Algonquin Highlands, whichever is of
greater depth.
2.0 Prohibitions
2.1
No Person shall offer, operate or permit an individual to offer and/or operate/use a Short-
Term Rental:
a.
without a Short-Term Rental Licence to do so issued under this By-law;
b.
under any other name than the one endorsed on their Short-Term Rental Licence;
c.
except in accordance with this By-law and the regulations set out in this By-law;
d.
while their Short-Term Rental Licence is under suspension; or
e.
except in accordance with the terms and conditions of their Short-Term Rental
Licence.
2.2
No Person shall Market, operate, provide or allow the use of a Short-Term Rental in:
a.
any Building or Structure other than a Habitable Room;
b.
any non-Building or Structure such as a motor vehicle, recreational vehicle, trailer,
trailer - travel or tent, truck camper, tent or utility shed, etc.;
c.
an unlawful or illegal or non-Ontario Building Code compliant dwelling unit;
d.
community housing;
e.
a boat or vessel or floating accommodation as per O. Reg. 161/17 that is docked
or moored within the frontage of a Lot;
f.
a Building, Structure or Dwelling where Short-Term Rentals have been prohibited
under this section of the By-law;
g.
an Additional Residential Dwelling Unit or Accessory Residential Dwelling Unit or
Second Unit which is situated in waterfront areas/designations or on parcels of
urban residential land. For the purpose of this by-law, a parcel of urban residential
land means a parcel of land that is located in a settlement area where residential
uses are permitted in the zoning by-law as a primary use; or
h.
any Dwelling that is located wholly or partially on a municipally owned shore road
allowance or any other publicly owned lands of the municipality, Province of
Ontario, or Government of Canada.
2.3 No Person shall:
a.
transfer or assign a Short-Term Rental Licence; or
b.
provide mistaken, false or incorrect information in connection with anything done
under this By-law; or
c.
obstruct or permit the obstruction of an inspection pursuant to this By-law.
2.4
No individual who is a Tenant of a Premises shall offer, operate, permit or allow the use of
such Premises to be offered and/or operated/used as a Short-Term Rental.
2.5
No Person shall use or operate or use a Short-term Rental Premises for any Special
Events other than offering the Premises for rent in accordance with a licence issued under
this By-law.
2.6
No Person shall allow or Use a Short-term Rental Premises under their Ownership or care
to be operated in contravention of this By-law or a Licence issued under this By-law.
2.7
No Licensee shall allow or use a Short-Term Rental Premises to be operated in
contravention of the site plan approved with the Short-term Rental Licence. For the
purposes of this By-law, the reference to site plan does not refer or mean to be a site plan
approved under Section 41 of the Planning Act.
2.8
No Licensee shall rent or offer for rent or allow the use of any Guest Room or bedroom for
more than two (2) Renters in a Short-term Rental Premises other than a Guest Room or
bedroom that was identified as such on the floor plans submitted and approved with the
Application for the Short-Term Rental Licence.
2.9
No Person shall violate the provisions of the Renter's or Licensee Code of Conduct as
associated with this By-law.
2.10 The provisions of Section 2 shall not apply when the Premises is occupied by the Owner
but the Dwelling Unit is not being operated, provided or allowed to be Used by Renters at
the same time.
3.0 Administration and Enforcement
3.1
The Council of the Township of Algonquin Highlands shall appoint a Director(s)
responsible for the administration and enforcement of this By-law. The Director shall
generally perform all of the administrative functions conferred upon them by this By-law,
and without limitation may:
a. receive and process all applications for Short-Term Rental Licences and renewals of
Short-Term Rental Licences under this By-law;
b. issue Short-Term Rental Licences in accordance with the provisions of this By-law;
c. impose terms and conditions on Short-Term Rental Licences in accordance with this
By-law and as necessary to give effect to this By-law; and
d. refuse to issue or renew a licence or revoke or suspend a licence in accordance with
this By-law.
3.2
Officers and the Director shall be responsible for the enforcement of this By-law.
4.0 Licence Class
4.1
Licence Class shall determine the classification of Short-Term Rental as set out in Table 1
to this By-law. A Short-Term Rental shall be classified in a Class based on the highest
criterion identified in Table 1 met by the Short-Term Rental. For greater certainty, if a
Short-Term Rental meets the criteria of more than one Class, the highest class of licence
applies.
Table 1 - Licence Class
Class A - Maximum no. of occupants per Bedroom = 2
5.0 Licensing Requirements
5.1
Every Application for a Short-Term Rental Licence and Short-Term Rental Licence
renewal shall be made to the Director on the forms provided by the Director. Without
limitation, every Application for a Short-Term Rental Licence or a Short-Term Rental
Licence renewal shall include the following information:
a. A completed Application that will include each Owner, Applicant and/or Agent's
name, municipal address, telephone number, and email address;
b. The names(s) of all Owners of the Premises;
c. Proof of ownership of the Premises on which the Short-Term Rental is situated,
which may include a copy of the transfer/deed, a copy of the parcel register from the
Land Registry Office, and/or such other evidence as may be required by the
Director;
d. Payment of the applicable licensing fee and Municipal Accommodation Tax (MAT)
funds as may be identified under this By-law or the Fees & Charges By-law;
e. Where an Owner or the Applicant is an individual, proof that the Owner or Applicant
is at least eighteen (18) years of age;
f. Where an Owner or the Applicant is a corporation, proof that the corporation is a
lawfully existing corporation entitled to conduct business in Ontario, including but not
limited to:
i.
articles of incorporation or other incorporating documents, duly certified by
the proper government official or department of the Province of Ontario or of
the Government of Canada, and
ii. a certified copy of an annual return which contains a current list of all
shareholders of the corporation;
g. If the Applicant is a partnership, the names and addresses of each partner as well as
the name under which the partnership intends to carry on business;
h. In the instance of an Applicant or Agent acting on behalf of the Owner, the Owner's
written authorization permitting the Applicant or Agent to act on their behalf;
i.
The name, address, telephone number and email address of the Responsible
Person for the operation and conduct of the inhabitants of the Short-Term Rental;
j.
a certificate of insurance which includes a general liability limit of no less than two
million dollars ($2,000,000.00) per occurrence for property damage or bodily injury.
This insurance policy must identify that a Short-Term Rental Accommodation is
being operated on the Premises. The insurance coverage required herein shall be
endorsed to the effect that the Municipality shall be given at least ten (10) days'
notice in writing of any cancellation or material variation to the policy.
k. The zoning regulations of the Premises under the applicable zoning by-law;
l.
A site plan, drawn to scale and fully dimensioned of the Short-Term Rental
Premises, including the location, dimensions and surfacing of parking areas,
landscaping, and all buildings or structures on the land, septic and well locations if
applicable;
m. A Parking Management Plan for the Short-Term Rental, in accordance with this By-
law and to the satisfaction of the Director. In this regard, the Parking Management
Plan is to account/plan for a minimum number of spaces required the zoning by-law
and this by-law, whichever is greater. The Parking Management Plan layout must
show how parking spaces are to be laid out to ensure easy access to Short-Term
Rental unit for renters (i.e. required spaces per rental unit). The Parking
Management Plan is to show how are renters get access to the Short-Term Rental
parking area and how only vehicles and trailer associated with the Short-Term
Rental will be permitted in the Short-Term Rental parking area;
n. The requested occupancy for or number of renters being sought to use the Short-
Term Rental, in accordance with this By-law and to the satisfaction of the Director;
o. The licence number of any current or previously licensed Short-Term Rental;
p. A Plan for Fire Safety;
q. A photograph of the front and rear of the Short-Term Rental Premises;
r. Proof of septic system maintenance, the following shall be required:
Licence
Class
Required Septic System Information
A
Information related to:
-
occupancy;
-
potential sewage load;
-
details of sewage system to confirm capacity; and,
-
proof of septic system maintenance, inspections and pump-out
servicing within the last three years.
s. A sworn declaration by the Owner, that:
a. The Short-Term Rental is not subject to an order made pursuant to the
Building Code Act, 1992, and any regulation made under it, including the
Building Code;
b. The Short-Term Rental contains functioning smoke alarms, carbon monoxide
alarms, fire extinguishers, and clear, unimpeded access to all exits;
c. The Short-Term Rental will comply with the Parking Management Plan;
d. The Owner confirms they will require each Licensee to abide by the Licensee
Code of Conduct;
e. The Owner confirms they will require each Renter to abide by the Renter's
Code of Conduct;
f. The Owner confirms the accuracy, truthfulness, and completeness of the
information submitted; and,
g. The Owner confirms that they will maintain liability insurance as required
through this By-law while the Short-Term Rental is being operated as a
Short-Term Rental; and,
t. Notwithstanding 5.1 s., the Township of Algonquin Highlands reserves the right to
with hold the issuance of a Short-Term Rental Licence or Short-Term Rental Licence
renewal until such time as the Applicant has provided proof of inspection by the
Township or a licensed professional approved by the Township, that shall ensure
compliance and/or code compliance with the following where applicable:
i.
Provisions of this By-law;
ii. Ontario Building Code Act, 1992, S.O. 1992 c.23; ("Building Code Act");
iii. Ontario Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 ("Fire
Protection and Prevention Act");
iv. Electricity Act, 1998, S.O. 1998, c. 15, Sched. A ("Electricity Act");
v. Applicable Planning By-law; and,
vi. Any other municipal by-laws or provincial legislation.
6.0 General Obligations of a Licensee
6.1
Short-term Rentals shall comply with all applicable Municipal By-laws and Provincial
Legislation.
6.2
The maximum number of individuals, which includes Hosts and Renters, permitted on a
Premises at any one time, shall be restricted to 2 individuals per Guest Room or Bedroom
as stated in an approved Licence. For the purpose of this section, children under the age
of two (2) years shall not be counted as an individual in the determination of maximum
occupancy calculation.
6.3
Notwithstanding 6.2, the maximum permitted occupancy of individuals per Guest Room or
Bedroom may not be permitted if the existing septic system is determined by the Chief
Building Official, or his/her designate, to be deficient to support the maximum permitted
occupancy under Section 6.2.
6.4
The provision of parking on the site plan submitted in connection with an Application shall
include the following:
a. Maximum number of available parking spaces;
b. Parking space sizes of 3 metres by 6 metres; and,
c. Compliance with all other parking provisions as set forth in the applicable Zoning
or parking by-law.
6.5
Generally, one (1) parking space per Guest Room or Bedroom is required. Not
withstanding the foregoing, maximum occupancy of a unit as noted in Section 6.2 and 6.3
of this By-law shall be permitted as long as the number of parked vehicles does not
exceed the maximum available parking spaces available on the subject property as
demonstrated through the parking management plan.
6.6
Vehicular parking shall only be permitted in a parking area consisting of a hard surface,
which may include gravel, paving, concrete, interlocking, or similar hard surfaces.
6.7
The following information shall be posted in a prominent place in the interior of each
Short-Term Rental, in a manner that is visible to Guests or Renters and made available
for inspection:
a. Copy of the current Licence
b. Premises address (and phone number if applicable)
c. Type of access to the Premises, where one of the following must be checked:
i.
Year-round maintained public road
ii. Seasonally maintained public road
iii. Private road / Right-of-way
iv. Water access
d. If the type of access to the Premises is not a year-round maintained public road,
the following Emergency Services Statement must be posted:
"Due to this Short-Term Rental Premises not being accessible by a year-
round maintained public road, emergency response times may be
delayed to this location."
e. The name and contact information of the Licensee.
f. The name and contact information of the Responsible Person for Emergency
and By-law concerns.
g. Inspection results as per Section 7.3 of this By-law.
h. Copy of the Site Plan associated with the Licence, with parking plan and waste
storage details
i.
Copy of a waste management plan satisfactory to the Township which will
include Information regarding waste disposal requirements. If renters are
required to remove waste from the premises, instructions must be provided on
properly sorting materials for disposal and recycling, and information on local
waste management sites (location and hours of operation). Renters expected to
bring waste to a municipal waste management facility in Algonquin Highlands
must be supplied with at least one Cottage Kit landfill pass. For stays longer than
7 days, one pass must be provided for each 7 days
j.
A copy of the Renter's and Licensee Code of Conduct.
k. Copy of the current Noise By-law.
l.
Copy of the current Parking provisions for Short-term Rentals as described in the
applicable Zoning or Parking By-law.
6.8 A class ABC fire extinguisher must be provided in any cooking area in a Short-Term
Rental Premises, both indoor and outdoor, and a class BC or better must be provided on
each floor of the Short-Term Rental.
6.9
An Owner, Owner's Agent, or Responsible Person shall respond within sixty (60) minutes
to an emergency that involves, but is not limited to, a risk to health, safety or damage to
property, or contravention of any applicable municipal By-law.
6.10 An Owner, Owner's Agent, or Responsible Person will attend the Short-term Rental
Premises within twenty-four (24) hours of being notified of the occurrence as per 6.9 of
this By-law.
6.11 Pursuant to Part IV of the Municipal Act, 2001, issued Licences, along with the licence
details may be posted on the municipality's website.
6.12 The provisions of this By-law shall not apply when the Short-term Rental is not rented.
6.13 A Short-term Rental Licence that has been issued pursuant to this By-law shall expire
upon the earliest of the following events:
a. The date that is one (1) year after the date of the issuance of the Licence; or
b. Upon the transfer of title to a Short-Term Rental Premises to a Person other than
a Licensee.
6.14 Every Licensee who markets a Short-Term Rental through the internet or an application
shall include in any such marketing the Licensee's licence number.
6.15 Every Person who issues an invoice, contract, receipt or similar document related to a
Short-Term Rental shall ensure that such document includes the Licensee's licence
number.
6.16 Every Licensee shall at all times:
a. Ensure that any Short-Term Rental, Short-Term Rental Premises, and its
operations complies with the regulations contained in this By-law;
b. Notify the Director in writing within 10 days of any changes to the information
provided under Section 5.0 of this By-law.
7.0 Issuance of Licence and Grounds for Refusal
7.1
The Director shall receive and process all applications for Short-Term Rental Licences
and for renewal of a Short-Term Rental Licence pursuant to this By-law.
7.2
The Director, in his or her sole discretion, may request comments from other departments
or agencies in respect of the Short-Term Rental.
7.3
The Director may require an inspection of the Short-Term Rental Premises prior to
making a determination on the Application.
7.4
The Director shall refuse to issue a Licence in any of the following circumstances:
a. If the Applicant has failed to provide all the information and/or documents
required by Section 5.0 of this By-law, or if any of the information or documents
provided are deficient with respect to the requirements of this By-law;
b. If there are reasonable grounds to believe the Short-Term Rental does not meet
any requirement of this By-law; or
c. If the criteria set out in Section 8.1 are not satisfied.
7.5
The Director may grant a Licence and may impose terms and conditions on a Licence in
accordance with this By-law if, in the Director's opinion, such terms or conditions are
reasonable and appropriate in order to maintain public health and safety, give effect to the
intent of this By-law, or to promote compliance with this By-law.
7.6
A Licence issued under this By-law shall be valid for one calendar year from the date it is
issued and shall be renewed from the anniversary of the date on which it was first issued.
7.7
Where a Licensee fails to renew a Licence within 90 days of the renewal date, the
Licence shall be cancelled, effective on the renewal date. Upon cancellation, an
application for a new Licence shall be required.
7.8
Where a Licence is issued pursuant to this By-law, the Director shall assign a unique
Licence Number to the Premises on which the Short-Term Rental is permitted to operate.
8.0 Licence Suspension and Revocation
8.1
The Director shall have the authority to refuse to issue or renew a Licence, to revoke or
suspend a Licence where:
a. There are reasonable grounds to believe that the operation of a Short-term Rental at
a specific Premises may be adverse to the welfare or well-being of the general
public;
b. The Premises has had a Licence that has been previously revoked, suspended, or
made subject to terms and conditions;
c. A Premises or Applicant applying for a Licence has presented a history of
contravention with this By-law, the Renter's or Licensee Code of Conduct or other
municipal by-laws;
d. The septic requirements applicable to the Short-Term Rental are not met, or cease
to be met;
e. The Owner is indebted to a municipality in respect of fees, fines, penalties,
judgements, or any other amounts owing, including awarding of legal costs,
disbursements, outstanding Property taxes and late payment charges, against an
Owner's Property;
f. The Property to be used for the Short-Term Rental does not comply with applicable
federal and provincial law and regulations or municipal by-laws, including, but not
limited to, the Zoning By-law, Property Standards By-law, the Building Code Act, the
Fire Protection and Prevention Act, and the Electricity Act.
8.2
Notwithstanding section 7.1 of this By-law, the Director may issue a Licence where a
variance to this By-law has been approved by the Appeals Committee. The Appeals
Committee, upon application of the Owner of a Premises permitting a Short-term Rental,
may authorize such variance from the provisions of this By-law, in respect of the Owner's
Premises as in its opinion in desirable for the appropriate use of the Premises and in the
opinion of the Appeals Committee the general intent and purpose of the by-law is
maintained. The decision of the Appeals Committee regarding the variance application,
shall be final and binding.
8.3
The Director may revoke a Licence or refuse to issue or renew a Licence issued under
this By-law in accordance with the following provisions:
a. Prior to revoking a Licence or refuse to issue or renew a Licence, the Director shall
send the Licensee written notice of his or her intent to revoke, refuse to issue or
refuse to renew the Licence. Such a notice shall state that the Licensee may deliver
a written response within 10 days of the date of the notice, and if no such response
is received, the Director may proceed to revoke, refuse to issue or refuse to renew.
b. Where the Director receives a response in accordance with subsection a. above, the
Director shall review and consider the response and make a decision as to whether
to revoke, refuse to issue, or refuse to renew the Licence within 30 days of receiving
the response.
c. The Director shall provide the Licensee notice of a final decision on revocation,
issuance or renewal, and such decision shall be final and binding.
8.4
The Director, upon confirming a Licensee has received an emergency order issued under
section 9.4 of this By-law, may, for the time and on such conditions as are considered
appropriate, suspend a Licence for not more than 14 days.
8.5
Suspension/Revocation of a Licence may occur if the total of all Demerit Points in effect
respecting a Short-Term Rental Accommodation is three (3) or more.
Suspension/Revocation of a Licence will generally follow the below table, and shall be
based on the demerit point system outlined in Section 15 of this By-law:
CRITERIA
ACTION
REMEDY TO RENEW
APPEAL PROCESS
Three (3) by-law violations on
one (1) STR property as verified
by municipal staff
Licence suspension for a minimum of 6 months up to 1 year
One (1) year by-law violation-
free from the date of the last
offence, on this or any other
property owned by same
Owner.
AS SET OUT IN THIS BY-LAW.
APPEALS MUST BE ACCOMPANIED BY PAYMENT OF APPLICABLE FEES
Three orders issued on one
(1) STR property
One (1) year order-free
from the date of the last
order, on this or any other
property owned by same
Owner
Three (3) demerit points
confirmed on one (1) STR
property
One (1) year violation,
order, and demerit point-
free on the same property
Three (3) demerit points
confirmed on one (1) STR
Owner (locations may differ)
One (1) year violation,
order, and demerit point-
free for the same Owner
One (1) additional confirmed by-
law violation or order on a
property under STR suspension
Permanent licence revocation
None
One (1) additional order against
an Owner under STR
suspension.
One (1) demerit point confirmed
against a property while on STR
suspension
One (1) demerit point confirmed
against an Owner while on STR
suspension
8.6
At any time, the Director may revoke a Licence if it was issued on mistaken, false or
incorrect information or due to a technical or clerical error.
9.0 Orders: Grounds for Issuance
9.1
Where an Officer has reasonable grounds to believe that a contravention of this By-law
has occurred, the Officer may serve an order to the Licensee setting out the reasonable
particulars of the contravention and directing:
a. Compliance within a specified period of time;
b. Any work that is required to be done, and that in the event of a default of such work
being done, the Officer may direct work to be done at the Licensee's expense, and
the Township of Algonquin Highlands may recover the expense in the same manner
as municipal taxes; or
c. The activity be discontinued.
9.2
An order under this By-law may require work to be done even though the facts which
constitute the contravention of this By-law were present before this By-law came into
force.
9.3
Service of any notice or order to a Licensee, directing the Licensee to bring the Premises
into compliance, shall be carried out under the provisions in section 16 of this By-law.
9.4 When an Officer deems a violation under this By-law to pose an immediate risk to health
or public safety, the requirements of Section 16 shall not apply, and an emergency order
shall be issued by posting the order on the property requiring immediate action or other
remediation. The Licensee shall comply with an emergency order within the period
specified on the emergency order.
9.5 Where an Officer has placed or caused the placing of a placard containing the terms of an
order upon the Premises under the authority of the Building Code Act or provisions within
this By-law, no Person shall remove such placard except with the consent of the Officer
who issued the order.
9.6
Once served upon a Licensee in accordance with the provisions of this By-law, an order
shall remain in effect on a Premises until the order has been complied with.
10.0 Grounds for Appeal - Licences and Orders
10.1 Where the Director has refused to issue a Licence, refused a renewal of a Licence, or has
suspended or revoked a Licence, the Director shall inform the Applicant or Licensee by
way of written notice setting forth the grounds for the decision with reasonable particulars
and shall advise of the right to appeal such decision to the Appeals Committee.
10.2 An Owner/Agent, Applicant or Licensee affected by a decision under Section 10.1 may
appeal to the Appeals Committee within fifteen (15) days after being served with the
notice, by:
a. Sending a written notice of appeal, setting forth the reasons for the appeal, by
registered mail to the County Clerk to Box 399, Minden, ON K0M 2K0 or by
delivering a notice of appeal to the County Clerk at 11 Newcastle Street, Minden,
ON K0M 2K0;
and
b. Remitting payment of the Appeal Fee as provided in the County of Haliburton's Fees
& Charges By-law.
10.3 An emergency order is issued on a Premises to a Licensee pursuant to this By-law may
not be appealed.
10.4 Where no request for an appeal is received in accordance with subsection 10.2, the
decision of the Director shall be final and binding.
10.5 Where a request for an appeal is received, the County Clerk shall fix a date and time for
such appeal to be heard by the Appeals Committee, and the Owner/Applicant or Licensee
shall be provided reasonable written notice of the time and place for such a meeting. A
notice of hearing shall be delivered at least fifteen (15) days prior to the date and time for
such hearing.
10.6 If the Owner/Agent or the Licensee fails to appear at the appointed time for their request
to appeal, the Owner/Agent or Licensee will be charged a "Failure to Appear" fee.
10.7 At a hearing, the Appeals Committee shall receive a report, either verbally or in writing,
from the Director and from such other officers or employees of the Municipality who may
be involved in the matter.
10.8 At a hearing, the Owner/Agent, Applicant or Licensee, either personally or through an
agent or solicitor, shall be afforded an opportunity to present such materials and evidence
relevant to the matter before the Appeals Committee as he or she deems appropriate,
and may ask questions of any person presenting evidence.
10.9 After such opportunity to be heard is afforded, the Appeals Committee shall make a
decision. When making its decision, the Appeals Committee may consider any matter
pertaining this By-law, or other matter that relates to the general welfare, health or safety
of the public. When making its decision, the Appeals Committee may refuse to issue or
renew a Licence, revoke, suspend, or impose any condition to a Licence. Appeals
Committee's decision is final and binding and shall not be subject to review.
10.10 Where the Appeals Committee conducts a hearing, the rules set out in the Statutory
Powers Procedure Act, R.S.O. 1990, c. S.22 ("Statutory Powers Procedure Act") shall
apply.
10.11 An appeal to the Appeals Committee pursuant to this Section 10.0 shall not act as a stay
of the decision or order being appealed.
11.0 Entry and Inspection
11.1 The Director, an Officer, the Chief Building Official, By-law Enforcement Officer, Chief Fire
Official or their designate(s) may, at any reasonable time, enter upon land for the
purposes of carrying out an inspection, and, with a minimum of seven (7) days notice,
enter into any buildings including a Dwelling and/or Sleeping Cabin used or marketed for
Short-Term Rental use, for the purpose of carrying out an inspection, taking photographs
and obtaining evidence for the purpose of determining compliance with this By-law. For
the purpose of an inspection pursuant to this By-law, the Township may:
a. require the production for inspection of any goods, equipment, books, records or
documents used or to be used by the Owner, Licensee or Applicant under this By-
law;
b. inspect and remove any documents or things relevant to the inspection for the
purpose of making copies or extracts;
c. require information from any person concerning any matter related to the inspection;
and
d. alone or in conjunction with a person retained by the Township, make examinations
or take tests, samples, or photographs or video records of any matter related to the
inspection.
11.2 An emergency inspection shall be undertaken by the Township upon receiving notice
based off a formal complaint or otherwise related to conditions that may pose an
immediate risk related to the health, safety and well being of persons and/or risk to public
safety.
11.3 Every Person shall permit the Director, an Officer, the Chief Building Official, By-law
Enforcement Officer, Chief Fire Official or their designate(s) to inspect any land for the
purposes of determining compliance with this By-law.
11.4 The Director, an Officer, the Chief Building Official, By-law Enforcement Officer, Chief Fire
Official or their designate(s) may enter upon lands at any reasonable time to direct or
require that a matter or thing be done, and in default of that matter or thing being done, to
do such matter or thing in accordance with this By-law.
11.5 During any inspection carried out under this By-law, an Officer may be accompanied by
other County or local municipal employees, Agents or authorities as deemed necessary.
11.6 The Township of Algonquin Highlands may undertake an inspection pursuant to an order
issued under provisions of this By-law or Section 438 of the Municipal Act, 2001.
11.7 It is the responsibility of an Applicant to provide access for inspection in accordance with
Section 7.3, and to have representation on site during the inspection. The Director shall
provide a minimum of seven (7) days notice to the Applicant on the intent to complete an
inspection, where the inspection is not deemed to be an emergency.
11.8 It is the responsibility of an Applicant to either, contact the County or the Township for an
inspection, as applicable, or provide required documentation, which shall ensure
compliance with the following where applicable:
a. Ontario Building Code Act, 1992, S.O. 1992 c.23; ("Building Code Act");
b. Ontario Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 ("Fire Protection
and Prevention Act");
c. Electricity Act, 1998, S.O. 1998, c. 15, Sched. A ("Electricity Act");
d. Applicable Zoning By-law; and,
e. Any other Municipal By-laws or Provincial Legislation.
11.9 During the inspection process, all relevant departments of the Township may provide
comment on any known matters that would assist with determination of Licence eligibility.
11.10 Where a re-inspection requested by a Licensee to address violations under this By-law
confirms the violation remains, the Licensee shall be liable to pay a "Non-compliance Re-
inspection Fee" as per the Fee & Charges By-law, which may be amended from time to
time.
12.0 Obstruction
12.1 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person exercising
a power or performing a duty under this By-law or under the Municipal Act, 2001 in
relation to this By-law.
12.2 No Person shall fail to identify themselves to the Director, Chief Building Official, By-law
Enforcement Officer, Chief Fire Official or their designate(s) upon request in connection
with any duty under this By-law or under the Municipal Act, 2001 in relation to this By-law.
13.0 Offence and Penalty
13.1
Every person who contravenes any provision of this By-law, or fails to comply with an
Order issued pursuant to this By-law, is guilty of an offence and liable to a fine of
a.
on a first offence, no more than $50,000.00; and
b.
on a second offence and each subsequent offence, not more than $100,000,
and such other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended, and the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
13.2 Where a corporation contravenes any provision of this By-law or fails to comply with an
Order issued pursuant to this By-law, every director or officer of the corporation who
commits, concurs, assents to, or acquiesces to such contravention is guilty of an offence,
and on conviction, is liable to a fine of
a.
on a first offence, no more than $50,000.00; and
b.
on a second offence and each subsequent offence, not more than $100,000,
and such other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended, and the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
13.3 Upon conviction any penalty imposed under this By-law may be collected under the
authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
13.4 If a Person convicted of an offence for contravening a provision of this By-law or an order
made under this By-law, the court in which the conviction has been entered, and any
court of competent jurisdiction, thereafter, may order the person, to correct the
contravention in such manner and within such period as the court considers appropriate.
13.5 In addition to any penalty otherwise provided for in this By-law, ever person convicted of
an offence under this By-law is liable to a fine of not more that $10,000 for each day
during which the offence continues.
14.0 Collection of Unpaid Fines
14.1 Pursuant to Section 441 of the Municipal Act, 2001, 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, R.S.O. 1990, c P.33, including any extension of time for
payment ordered under that Section, the municipal treasurer may give the Person against
whom 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 21 days after the date of
the notice. If the fine remains unpaid after the final date specified in the notice, the fine is
deemed to be unpaid taxes pursuant to Section 351 of the Municipal Act, 2001 and may
be added to the Owner's tax roll and collected in the same manner as Property taxes
15.0 Demerit Points
No.
By-law Section
Offence
Demerit Points
1
2.1
Operating STR without a Licence
3
2
2.2
Advertising STR without a Licence
3
3
2.5
Operating STR for Commercial activities
1
4
2.3(b)
Providing false information on STR
application
3
5
2.6
Operating STR contrary to STR Licence
class
1
6
2.7
Operating STR contrary to approved Site
Plan
1
7
2.8
Renting rooms contrary to approved Licence
class
1
8
2.9
Violation of Renter's or Licensee Code of
Conduct
1
9
5.1 (d)
Failure to pay Fees and Municipal
Accommodation Tax (MAT) funds within
prescribed timelines
1
10
6.2, 6.3
Exceed permitted Occupancy
1
11
6.2, 6.3
Second or subsequent offence for exceeding
maximum occupancy
2
12
6.4, 6.5, 6.6
Parking contrary to approved Licence
1
13
6.7
Failure to post required documentation
1
14
6.8
Failure to provide fire extinguisher as
required
1
15
6.9
Failure to respond within 60 minutes
2
16
6.10
Failure to attend Premises within 24 hours
1
17
6.16 (b)
Failure to notify of Licence changes within 10
days
1
18
9.5
Removal of STR placard/order without
consent
1
19
12.0
Hinder / Obstruct an Officer while on duty
3
20
13.1
Contravention of any municipal by-law by a
person, Renter, Responsible Person or
Persons as verified by municipal staff
1
21
13.2
Contravention of any municipal by-law by a
corporation managing a STR property or
Premises as verified by municipal staff
1
22
13.4
Contravention of an Order
1
16.0 Service of Documents
16.1 The Municipality may serve any document under this By-law Personally to the Person
named on the notice, by registered or regular mail addressed to the Person to whom the
document is to be given at the Person's last known address.
16.2 Service by registered or regular mail under subsection 16.1 shall be deemed to have
been made on the fifth (5th) day after the day of mailing.
16.3 A Person's last known address includes the address provided by the Person to the
Municipality as identified in the property tax file.
17.0 Delegation
17.1 Pursuant to Section 23.2 of the Municipal Act, 2001, Council hereby delegates to the
Appeals Committee, the power to make the final decision in respect of which a hearing
was held, and it is the opinion of Council that this delegated power is of a minor nature.
This delegation may be revoked by Council at any time.
18.0 Severability
18.1 In the event any provisions of this By-law are deemed invalid or void, in whole or in part,
by any court of competent jurisdiction, the remaining terms and provisions shall remain in
full force and effect.
19.0 Liability
19.1 The Township of Algonquin Highlands shall not be liable for any property damage or
personal injury resulting from remedial action or remedial work undertaken with respect to
any Person or property that is subject of this By-law.
20.0 Short Title
20.1 This By-law shall be known as the "Short-Term Rental Licensing By-law".
21.0 - Repeal
21.1 On the date this By-law comes into force and effect, By-law 2024-20 is hereby repealed.
22.0 Effective Date
22.1
This By-law comes into effect on October 1st, 2024.
Read a First, Second and Third Time and Finally Passed this 15th day of August 2024.
Original signed by
____________________________
Mayor Liz Danielsen
Original signed by
____________________________
Clerk/Deputy CAO Dawn Newhook