Additional Residential Units Registration By-law No. 2020-010 — full text

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By-law 2020-010 - as amended The Additional Residential Units Registration By-law A By-law of the Corporation of the City of Barrie to establish a Registration By-law for Additional Residential Units in the City of Barrie and to repeal By-law 2004-025 and all amendments thereto. Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The City of Barrie does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes, only if this disclaimer is repeated as well as the notice of copyright. Official versions of all By-laws can be obtained by contacting the Legislative and Court Services Department at [email protected] or by phone 705-739-4220 ext. 5500. This By-law printed under and by the authority of the Council of the City of Barrie By-law 2020-010 The Corporation of the City of Barrie Office Consolidation The Additional Residential Units Registration By-law BY-LAW NUMBER 2020-010 A By-law of the Corporation of the City of Barrie to establish a Registration By-law for Additional Residential Units in the City of Barrie and to repeal By- law 2004-025 and all amendments thereto. WHEREAS Section 11(2) of the Municipal Act, 2001 S.O. 201, c.25 provides that an upper-tier municipality may pass by-laws respecting, among other things, the health, safety and well-being of persons and the protection of persons and property: AND WHEREAS the Council of The Corporation of the City of Barrie adopted motion 19-G-366. NOW THEREFORE the Council of The Corporation of the City of Barrie enacts the following: 1.0 DEFINITIONS 1.1 For the purpose of this By-law: a) City - Means the Corporation of The City of Barrie. b) Dwelling Unit - except for a Boarding, Lodging, Rooming House a dwelling unit shall mean a self-contained residential dwelling unit, complete with separate kitchen and bathroom facilities located within, and ancillary to, an existing dwelling. c) Inspector - includes an employee of the City whose duties include the inspection(s) of buildings and the enforcement of the Ontario Building Code, the Ontario Fire Code, and the City's Zoning By-law or the City's Property Standards By-laws. d) Operate - means to rent, lease, license, allow, permit or endorse the occupancy of a Additional Residential Unit and shall include but not be limited to arrangements in the nature of sub-rentals and sub-leases. e) Owner - means the person in whom is vested the legal title to property and shall include, any person managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person who would receive the rent if the land and premises were let. f) Building Permit - means a building permit issued pursuant to the Building Code Act or any predecessor thereof. g) Registry - means the written or computerized public record established and maintained by the Registrar in which information is set out in respect of additional residential units that are registered with the City. h) Registrar - means the Executive Director of Development Services or a person(s) designated by the Executive Director of Development Services to carry out the duties of the Registrar. i) Additional Residential Unit - means a self-contained residential dwelling unit, complete with separate kitchen and bathroom facilities located within, and ancillary to, an existing dwelling. Additional Residential Unit may be located within the principal building or within an accessory building or structure on the same lot. 2.0 PROHIBITION 2.1 No person shall operate a additional residential unit or permit the occupancy of a additional residential unit unless such additional residential units has first been registered within the City in accordance with this By-law. 3.0 REGISTRATION PROCEDURES 3.1 Every owner of a house containing a additional residential unit shall complete and submit: a) A Building Permit for any new construction of a additional residential unit, or; b) When an owner can provide proof of legal non-conforming status, an application for registration in a form prescribed by the Registrar containing the following information: 1. Name, address and phone number of the owner; 2. Name and phone number of occupants of each unit; Bill No. 009 By-law 2020-010 The Corporation of the City of Barrie Office Consolidation The Additional Residential Units Registration By-law 3. Property address, roll number and legal description; 4. Permit number [if applicable] and date of first occupancy of original dwelling unit; 5. Permit number [if applicable] and date of first occupancy of second dwelling unit; 6. Property sketch showing dimensions of the property, location and setbacks of all buildings and location and dimensions of parking spaces; and 7. Floor plan sketches showing all walls, doors, windows, stairs, kitchen facilities, bathroom facilities, heating systems and smoke alarms. 3.2 Every Owner shall submit payment of all applicable fees with the Registrar as set out in the City's Fee's By-law at the time of the application. 3.3 Every Owner shall ensure the additional residential unit to be registered is in compliance with the standards set out in: a) The City's Zoning By-law as amended; b) The Ontario Building Code, Ontario Regulation 163/24 as amended; c) The Ontario Fire Code, Ontario Regulation 213/07 as amended; and d) The City's Property Standards By-laws, as amended. 3.4 The Owner shall provide all information as requested and required by the Registrar for the Registrar to verify the compliance of the additional residential unit with the City's Zoning By- law. 3.5 The Owner shall ensure that an additional residential unit is inspected to confirm compliance with the standards listed in Section 3.3 of this By-law. a) For new constructions related to a Building Permit an inspector will be from Building Services. b) For legal non-conforming units an Inspector will be from Barrie Fire and Emergency Services and Enforcement Services. 3.6 Where it has been determined the additional residential unit is not in compliance with the required standards, the Owner shall make the necessary repairs to comply with the required standards and arrange for a re-inspection by the appropriate Inspectors. 4.0 DUTIES OF THE REGISTRAR 4.1 The Registrar shall receive applications with the appropriate information and fee for the registration of a additional residential unit. 4.2 The Registrar shall determine by examination of the information submitted with an application, whether the proposed additional residential unit is in compliance with the City's Zoning By- law, as amended. 4.3 The Registrar may contact the Owner to make any enquiries deemed necessary and may further require the furnishing of any information necessary to determine compliance with the City's Zoning By-law, as amended. 4.4 The Registrar shall notify the Inspectors of the Barrie Fire and Emergency Services, Enforcement Services and the Building Services of every application for registration that complies with the City's Zoning By-law, as amended. 4.5 Upon being notified by the Inspectors that a additional residential unit complies with the standards listed in Section 3.3 of this By-law, the Registrar shall record the municipal address in the Registry. 4.6 Upon recording a additional residential unit in the Registry, the Registrar shall send written notice advising that the house is now registered with the City as having additional residential unit to the following: a) The Owner; b) All applicable Emergency Service Providers; c) Building Services; d) Waste Management and Environmental Sustainability; e) All applicable Utility Companies; By-law 2020-010 The Corporation of the City of Barrie Office Consolidation The Additional Residential Units Registration By-law f) Canada Post g) School Boards; h) Municipal Property Assessment Corporation (MPAC); and i) Electrical Safety Authority (ESA). 4.7 A additional residential unit will be registered by the Registrar when the Registrar is satisfied that the additional residential unit complies with the requirements of this By-law. 4.8 The Registrar shall maintain and keep record of all applications and registrations for additional residential unit including the public registry. 5.0 REFUSAL AND REVOCATION OF REGISTRATION 5.1 The Registrar may refuse to register any additional residential unit if the owner has failed to comply with the requirements of this by-law. 5.2 A additional residential unit, once registered, remains registered without payment of any renewal or other fees, unless the registration is revoked. 5.3 The Registrar may revoke the registration of any additional residential unit which: a) At any time after being registered, fails to comply with the standards set out in Section 3.3 of this By-law; b) Was issued based on mistaken, false or incorrect information or documentation; or c) Was issued in error. 5.4 Where the Registrar refuses or revokes the registration of any additional residential unit, the Registrar shall send written notice by regular mail to the Owner of such additional residential unit advising such Owner of the refusal or revocation and the reasons therefore. Copies of the written notice shall be provided to the parties listed in Section 4.6 of this By-law. 5.5 The Owner may be entitled to a partial refund of the registration fee if, upon refusal of an application, and in the opinion of the Registrar, the processing and inspection costs of the application are less than the fee paid. 5.6 Where the refusal or revocation is due to a contravention of the standards listed in Section 3.3, the Inspectors may take steps to enforce said regulations as they deem necessary under the respective regulations. 5.7 Where the Registrar revokes the registration of any additional residential unit, the Owner may re-apply for registration once all corrective measures have been taken to come into compliance with all applicable by-laws or legislation. All fees and inspections shall be applicable. 5.8 The Registrar shall revoke the registration of any Additional Residential Unit(s) that are legally removed, converted or demolished through a Building Permit application. 6.0 INSPECTION PROCEDURES 6.1 The right of entry onto a property or into a dwelling unit shall be as authorized by the legislation respecting the standards prescribed in Section 3.3 of this By-law. 6.2 Except under the authority of a search warrant issued under section 439.(1) of the Municipal Act, 2001, an Inspector shall not enter or remain in any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, having first informed the occupier that the right of entry may be refused and, if refused, entry made only under the authority of a search warrant as per Subsection 437 of the Municipal Act, 2001. 6.3 No person shall hinder or obstruct, or attempt to hinder or obstruct, an Inspector carrying out an inspection hereunder as per Subsection 426.(1) of the Municipal Act, 2001. 6.4 The Inspector shall notify the Registrar when an inspection confirms the additional residential unit appears to be in compliance with the regulations and standards under the Inspector's jurisdiction. 7.0 BY-LAW ADMINISTRATION 7.1 The Registrar shall be responsible for the administration of this By-law. 7.2 An inspector, as defined within this By-law, shall be responsible for the enforcement of this By-law. By-law 2020-010 The Corporation of the City of Barrie Office Consolidation The Additional Residential Units Registration By-law 8.0 PENALTY 8.1 Every person who contravenes any provision of this By-law is guilty of an offence under the provisions of the Provincial Offences Act, R.S.O 1990, c P.33, as amended, and is liable on conviction to a penalty not exceeding $5,000, exclusive of costs, subject to the provisions of the Act. 8.2 Every person who contravenes any provision of this By-law, and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation, is guilty of an offence under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended. 8.3 Every person who contravenes the provisions of any section of this By-law, and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation, is guilty of an offence under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended and is liable on conviction to a penalty where the minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000 exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended. 8.4 For the purpose of continuous offences, every person who contravenes any provision of this By-law, and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation, is guilty of an offence and is liable on conviction to a penalty not exceeding $10,000 per day or part thereof, exclusive of costs, under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended. 8.5 For the purpose of multiple offences, every person who contravenes any provision of this By- law, and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation, is guilty of an offence and is liable on conviction to a penalty not exceeding $10,000 per offence, exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended. 8.6 Notwithstanding Section 23.3.0.0.0, and in accordance with the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, the total of all fines for the continuous offences or multiple offences is not limited to $100,000. 8.7 If this By-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. 9.0 SCOPE 9.1 This By-law applies to all properties containing a additional residential unit within the geographical boundaries of the City. 10.0 SEVERABILITY 10.1 In the event that any of the 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. 11.0 HEADINGS 11.1 The headings of sections, paragraphs, clauses and/or sentences in this By-law are inserted for ease of reference only and do not affect the interpretation of this By-law. 12.0 LEGISLATION 12.1 References in this By-law to legislation, including regulations and municipal by-laws, shall be deemed to include legislation as amended, including successor legislation. 13.0 SHORT TITLE 13.1 THAT this By-law be referred to as "The Additional Residential Units By-law". By-law 2020-010 The Corporation of the City of Barrie Office Consolidation The Additional Residential Units Registration By-law 14.0 FORCE AND EFFECT 14.1 THAT this By-law shall come into force and effect immediately upon the final passing thereof. READ a first and second time this 27th day of January, 2020. READ a third time and finally passed this 27th day of January, 2020. THE CORPORATION OF THE CITY OF BARRIE "ORIGINAL SIGNED _____________________________________ MAYOR - J.R. LEHMAN "ORIGINAL SIGNED" _____________________________________ CITY CLERK - WENDY COOKE By-law 2020-010 The Corporation of the City of Barrie Office Consolidation The Additional Residential Units Registration By-law AMENDMENTS TO BY-LAW 2020-010 By-law 2026-061 Second Suites By-law amended and relabeled The Additional Residential Units By-law - applicable sections updated 2026-A-110 June 10, 2026