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The Corporation of the Municipality of Bluewater
By-Law Number 68 - 2023
Being a By-law to License, Regulate and Govern the Operation of Short-Term Rentals
WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
("Municipal Act") provides that a municipal power shall be exercised by by-law; and
AND WHEREAS section 9 of the Municipal Act 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
AND WHEREAS pursuant to section 11 of the Municipal Act, Council is exercising its
authority in the interest of health and safety, well-being of persons, consumer protection,
and nuisance control; and
AND WHEREAS pursuant to the provisions of Part IV of the Municipal Act, the Council of
the Corporation of the Municipality of Bluewater may provide for a system of licences
with respect to businesses;
AND WHEREAS subsection 151(1) of the Municipal Act provides that a municipality may
provide for a system of licences with respect to business and may:
a) Prohibit the carrying on or engaging in the business without a licence;
b) Refuse to grant a licence or revoke or suspend a licence;
c) Impose conditions as a requirement of obtaining, continuing to hold or renewing a
licence;
d) Impose special conditions on a business in a class that have not been imposed on all
the businesses in that class in order to obtain, continue to hold or renew a licence;
e) Impose conditions, including special conditions, as a requirement of continuing to
hold a licence at any time during the term of the licence; and
f) License, regulate or govern real and Personal Property used for the business and
the Persons carrying it on or engaged in it;
AND WHEREAS subsection 151(5) of the Municipal Act 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 the Municipal Act establishes rules for the delegation of a
municipality's powers and duties;
AND WHEREAS the Council for the Corporation of the Municipality of Bluewater is of
the opinion that the delegation of legislative powers under this by-law to the Manager
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;
AND WHEREAS sections 390 to 400 of the Municipal Act 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 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 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 provides that the municipality may make
an order requiring the person who contravened the by-law or cause 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 Municipality of Bluewater has
deemed it necessary and desirable to regulate the Short-Term Rental of property in the
Municipality of Bluewater;
AND WHEREAS the Municipality of Bluewater has implemented a system to licence the
operation of the Short-Term Rental properties in the Municipality of Bluewater;
Now therefore he Council of the Corporation of the Municipality of Bluewater enacts as
follows:
1.0 Definitions
Address
means the words and numbers describing the location of a building or
place, including a number, street name, municipality, and postal code.
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, and "Application" has a corresponding
meaning.
Bed and Breakfast Establishment has the same meaning as "bed and breakfast
establishment" in the current municipal Zoning By-law.
Bedroom
means a room or area used, designed, equipped, or intended for sleeping
and as permitted and described by the Building Code.
Building Code or Building Code Act
means the Building Code Act, 1992, S.O. 1992, c.
23, as amended, and any regulation made under it, including the Building
Code, O. Reg. 332/12, as amended.
Business
means any business wholly or partly carried on with the Municipality even
if the business is being carried on from a location outside the Municipality,
and includes trades and occupations, exhibitions, concerts, festivals, and
organized public amusements; the sale or hire of goods or services on an
intermittent or one-time basis; and the display of samples, patterns or
specimens of goods for the purpose of sale or hire.
Council
means the Council for the Corporation of the Municipality of Bluewater.
Dwelling
means a place of residence with one or more Habitable Rooms containing a
separate kitchen and bathroom facilities for private use as a single
housekeeping unit.
Habitable Room
means a room within a Dwelling designed to provide living, dining,
sleeping, bathroom, or kitchen accommodation for individuals. This
definition shall not include any private garage, carport, cellar, 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.
Licensee
means a Person licensed under this by-law or a Person required to be
licensed under this by-law.
Manager
means the Manager of Development Services or designate.
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 in newspapers, bulletin boards, or online.
Municipality
means the Corporation of the Municipality of Bluewater. "Municipal" has
a corresponding meaning.
Occupancy
means the maximum number of Renters in a Short-Term Rental at any given
time.
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 a course of their
duties.
Owner
means a Person who is on title as an owner of a building or parcel of land
identified on the parcel register from the Land Registry Office.
Owner-occupied Short-Term Rental
means a Short-Term Rental being offered in a
primary Dwelling where the Owner or Tenant is permanently residing and
includes a Bed and Breakfast Establishment.
Person
means an individual, a corporation, a partnership, and an association, and
without limiting the generality of the foregoing, includes an Owner,
Tenant, or an Applicant seeking to register a Short-Term Rental under
this by-law, as the context requires.
Premises
means any place, premises or location, or part thereof, in which a trade,
Business or occupation of Short-Term Rental is carried on.
Renter
means any Person occupying the Short-Term Rental by way of concession,
permit, lease, licence, rental agreement, or similar commercial
arrangement.
Renter's Code of Conduct means a document that has been prepared by the Owner that
has been approved by the Municipality that sets out the roles and
responsibilities of the Renter, including behavioral expectations as they
relate to non-disturbance, and which identifies applicable Municipality by-
laws that the Renter must comply with including the provisions of this by-
law as they relate to, among other things, the Parking Management Plan,
Occupancy limits, noise, etc.
Responsible Person means an Agent or representative of an Owner or Tenant, if applicable,
who is responsible for managing or addressing issues in relation to the
Short-Term Rental.
Revoked
means a Short-Term Rental Licence that has been declared null and void by
the Manager.
Short-Term Rental means all or part of a legally established Dwelling that operates or
offers a place of temporary residence, lodging or occupancy by way of a
rental agreement or similar commercial transaction for a period of less
than thirty (30) consecutive nights throughout all or any part of a
calendar year, but does not include an Owner-occupied Short-Term Rental,
motel, hotel, hospital, campground, couch surfing or other short-term
accommodations where there is no payment.
Short-Term Rental Licence means the certificate issued under this by-law as proof of
licensing under this by-law.
Suspended
means a Short-Term Rental Licence that is temporarily inactive until such
time as set out by the Manager or by Council, and "Suspension" has a
corresponding meaning.
Tenant
means the Person responsible for and/or in possession of the Premises
under a long-term lease.
2.0 Prohibitions
2.1. No Person shall Market, operate or permit a Person to Market, operate a Short-Term
Rental or hold themselves out as being licensed to operate 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;
and/or
d) While the Short-Term Rental Licence is Suspended or Revoked under the
provisions of this by-law;
e) Except in accordance with the terms and conditions of their Short-Term Rental
Licence.
2.2. No Person shall Market, operate, or provide a Short-Term Rental in:
a) Any structure or Dwelling other than a Habitable Room;
b) A motor vehicle or trailer;
c) An unlawful residential unit;
d) Community housing;
e) A boat;
f) A building or unit where Short-Term Rentals have been prohibited under this
section of the by-law;
g) A Dwelling where a Short-Term Rental Licence has not been issued.
2.3. No Person shall:
a) Transfer or assign a Short-Term Rental Licence;
b) Obtain a Short-Term Rental Licence by providing mistaken, false, or incorrect
information;
c) Enjoy a vested right in the continuance of a Short-Term Rental Licence, and
upon the issue, renewal, cancellation or suspension thereof, the Short-Term
Rental Licence shall be the property of the Corporation of the Municipality of
Bluewater;
d) Obstruct or permit the obstruction of an inspection pursuant to this by-law;
e) Operate more than one Short-Term Rental unit per Premises.
3.0 Administration
3.1. The administration of this by-law is assigned to the Manager who shall generally
perform all 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 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;
d) Refuse to issue or revoke or suspend a Short-Term Rental Licence in accordance
with this by-law.
4.0 Registration Requirements
4.1. Every application for an existing Short-Term Rental Licence shall be made to the
Manager on the forms provided by the Manager. Without limitation, every
application for a Short-Term Rental Licence shall include the following:
a) Payment of the applicable licensing fee, as set in the Municipality's current fees
and charges by-law.
b) A completed application form that will include each Owner, Applicant and/or
Agent's name, municipal Address of the Short-Term Rental, telephone number,
and email address;
c) The names and Addresses of each member of the partnership as well as the
name under which the partnership intends to carry on business, if the Applicant
is a partnership;
d) A copy of proof of ownership of the property 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 Manager;
e) Proof that the Applicant is at least eighteen (18) years of age, if the Applicant is
an individual;
f) An Owner's written authorization permitting the Applicant or Agent to act on
their behalf;
g) Contact name and phone number for the Responsible Person;
h) If a Tenant, the consent of the Owner of the property;
i) Proof that the corporation is legally entitled to conduct business in Ontario, if
the Applicant is a corporation, 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 list of all
shareholders of the corporation;
j) A photograph of the front of the Short-Term Rental taken from the street;
k) Proof insurance which includes a liability limit of no less than two million dollars
($2,000,000.00) per occurrence for property damage and bodily injury and
identifies that a Short-Term Rental is being operated on the Premises.
l) A site plan, drawn to scale and fully dimensioned, of the Short-Term Rental
Premises including the location, dimensions and surfacing of parking area,
landscaping, all buildings, or structures on the land including decks, septic tank
and septic bed dimensions, fire pits 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 Manager, showing the required number of
spaces as set in section 5.3.
n) The requested Occupancy for the Short-Term Rental, in accordance with this by-
law and to the satisfaction of the Manager;
o) The licence number of any current or previously licensed Short-Term Rental
Licence.
p) A Plan indicating all rooms and spaces for Fire Safety including a layout of the
interior of the Short-Term Rental with locations for all smoke alarms, carbon
monoxide alarms, location of fire extinguishers and all exits.
q) Proof of septic system maintenance, inspections, and pump-out servicing within
the last five (5) years.
r) A sworn declaration from each and every Owner, and if there is a Tenant, by the
Owners and the Tenant that:
i. They understand their responsibilities as a Licensee;
ii. The Premises is used primarily for residential purposes;
iii. The Owner and Tenant, if applicable, will comply with the Parking
Management Plan;
iv. The Short-Term Rental is in compliance with the Building Code Act,
1992 and any regulation made under it, or any revisions made
thereto, including the Building Code;
v. The Short-Term Rental is in compliance with the Fire Protection and
Prevention Act, 1997, and any regulations made under it, or any
revisions made thereto, including the Fire Code;
vi. The Owner and Tenant, if applicable, confirms they will require
each Renter to abide by the Renter's Code of Conduct; and
vii. The Owner and Tenant, if applicable, confirms the accuracy,
truthfulness, and completeness of the information submitted;
viii. The Owner and Tenant, if applicable, 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.
4.2
Every Person licensed under this by-law shall, at all times:
a) Comply with the regulations contained in this by-law,
b) Notify the Manager in writing within 10 days of any changes to the
information provided pursuant to section 4.1 of this by-law.
5.0 General Regulations
5.1. Subject to section 5.2, no Short-Term Rental Licence shall be granted to any Person
in respect of a Short-Term Rental where either or both of the following conditions
exist:
a) There is a Licensed Short-Term Rental abutting the Premises for which the Short-
Term Rental Licence is being sought; and/or
b) The number of Short Term-Rental Licensed Premises exceeds 15.0% of all Premises
fronting on the street for which the Short-Term Rental Licence fronts and is being
sought.
5.2. The limitation in section 5.1 does not apply if:
a) the Person can demonstrate to the satisfaction of the Manager that the Person
operated a Short-Term Rental on the Premises during the period from April 30,
2022, to May 1, 2023; or
b) the Person appeals pursuant to section 9.1 of this by-law and Council decides
that notwithstanding section 5.1, the general intent and purpose of this by-law
would be maintained by granting a Short-Term Rental Licence to the Person.
5.3 A Parking Management Plan shall comply with the following requirements:
a) The number of parking spaces permitted for the Short-Term Rental is based upon
the number of approved spaces and existing permitted spaces on the property;
b) Parking spaces must be a minimum of 3 metre by 1.5 metre per space. The
surfacing must be asphalt, gravel, concrete, or another similar hard surface and
cannot be grass or other landscaped space.
c) The parking spaces required by section 5.3 a) of this by-law must be provided on
the Short-Term Rental Premises; and
d) The parking spaces required by Section 5.3 must be legally established and
conform to current Zoning By-laws for the Municipality.
5.4 Every person who operates a Short-Term Rental shall comply with the following
requirements with respect to the Occupancy:
a) The maximum Occupancy permitted on a Premises containing a Short-Term Rental
shall be determined by reference to the number of Bedrooms in the Short-Term
Rental, and the maximum Occupancy shall not exceed two (2) Persons per Bedroom
plus two additional Persons.
b) Visitors are permitted, provided the maximum Occupancy set out in 5.4 a) is not
exceeded on the Premises.
5.5 Every Person operating a Short-Term Rental shall:
a) Ensure the Short-Term Rental is operated in accordance with the Parking
Management Plan, Occupancy requirements, Plan for Fire Safety, and Renter's
Code of Conduct;
b) Display the Short-Term Rental Licence in a prominent place in the Short-Term
Rental to which it applies;
c) Ensure that the Responsible Person is available to attend the Short-Term Rental
at all times within a period of no greater than thirty (30) minutes from the time
of contact by way of telephone or e-mail;
d) Ensure that each Renter has been provided with the Renter's Code of Conduct
with the Licensee retaining a copy of the confirmation of receipt of the Renter's
Code of Conduct for a period of one year;
e) Maintain the Short-Term Rental in a clean and sanitary condition, with
adequate measures for the storage and disposal of garbage and waste and
sufficient levels of illumination to permit the safe use of the Short-Term Rental.
For the purposes of this subsection, adequate measures of the storage and
disposal of waste shall mean a self-enclosed building, structure or container,
located outside of the Short-Term Rental, which is of a sufficient size that will
store the garbage and waste generated by the Premises until such garbage and
waste is disposed of;
f) Ensure that the Short-Term Rental is operated and used in such a fashion that
the operation or use will not cause a breach or contravention of any current
municipal by-law;
g) Provide to at least one Renter of the Short-Term Rental an information package
containing the following information:
i) Contact information for the Responsible Person who is available
to receive communications from any Renter during the rental
period;
ii) Instructions for use of the 9-1-1 emergency system, which
includes the business Address or municipal Address for the Premises;
iii) The name and Address of the nearest hospital or emergency
medical services providing emergency care;
iv) Non-emergency contact for the Ontario Provincial Police;
v) Instructions for solid waste disposal, to include information on
the applicable waste collection day and instructions for
composting and recycling;
vi) A schedule of common offences and related fines associated
with Renter activities, to be provided by the Manager;
vii) A copy of the Short-Term Rental Licence, and Occupancy limits,
parking rules, and any conditions imposed on the Short-Term Rental
Licence;
5.6
Any Licensee for the Short-Term Rental shall indemnify and save harmless the
Municipality from any and all claims, demands, causes of action, loss, costs, or
damages that the Municipality may suffer, incur, or be liable for resulting from the
performance of the Licensee as set out in the by-law whether with or without
negligence on the part of the Licensee, the Licensee's employees, managers, and
Agents.
6.0 Refusal, Revocation and Term of Registration
6.1. The Manager 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.
6.2. The Manager may request comments from other departments or agencies in
respect of the Short-Term Rental.
6.3. The Manager may require an inspection of the Short-Term Rental prior to making
a determination on the Application.
6.4. The Manager may 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.
6.5. The Manager shall issue a Short-Term Rental Licence and a renewal of a Short-Term
Rental Licence, either conditionally or unconditionally, to any Person who meets
the requirements of this by-law except where:
a) the existing Short-Term Rental Licence has been Suspended or Revoked pursuant
to this by-law;
b) the conduct of the Applicant affords reasonable grounds for belief that the
Applicant has not carried on, or will not carry on the Short-Term Rental in
accordance with the law or with integrity and honesty;
c) the Applicant is indebted to the Municipality in respect of fines, penalties,
judgments, or outstanding property taxes, or other amounts owing.
7.0
Term of Licence
7.1
A Short-Term Rental Licence issued pursuant to this by-law shall expire on the
date that is one (1) year after the date of the issuance of the Short-Term Rental
Licence unless it is renewed or Revoked in accordance with the provisions of this
by-law.
8.0 Notice of Suspension or Revocation
8.1
The Manager shall provide notice of intention to Revoke or Suspend a Short-Term
Rental Licence where:
a) The Licensee would be disentitled to a license or a renewal of a
license for the reasons set out in this by-law;
b) The Licensee has failed to comply with the regulations required by
this by-law;
c) The Short-Term Rental Licence was issued in error.
8.2
Notwithstanding section 8.1, if satisfied that the continuation of the Short-Term
Rental Licence poses an immediate danger to the health or safety of any Person,
the Manager may, for a period of time not exceeding 14 days, Suspend the Short-
Term Rental Licence immediately, provide reasons for the Suspension, and provide
the Licensee with an opportunity to respond to them.
9.0 Appeals
9.1 Where the Manager has denied an Applicant a Short-Term Rental Licence or a request
for renewal of a Short-Term Rental Licence, or Suspended or Revoked a Short-Term
Rental Licence, the Manager shall inform the Applicant or Licensee by way of written
notice setting out the grounds for the decision with reasonable particulars and
advise of the right to appeal such decision to Council.
9.2 Licensees or Applicants may appeal to Council in relation to matters noted in section
9.1; appeals will not be permitted for any other matters including, without
limitation:
a) Matters, notices, orders, and communications related to a non-
compliance under a federal or provincial law or regulations or any
other legislation outside of this by-law;
b) Singular fines and issuance of demerit points as set out in this by-law;
9.3 A request for an appeal of a matter noted in section 9.1 shall be made in writing to
the Manager setting out the reasons for the appeal within fourteen (14) days after
service of the written notice of the Manager's decision.
9.4 Council shall meet within thirty (30) days after receiving the application for appeal.
9.5 The Licensee may be permitted to continue operation during the appeals process
until such time as a decision is rendered by Council.
9.6 Where no request for an appeal is received in accordance with section 9.3, the
decision of the Manager shall be deemed to be affirmed.
9.7 Where a request for an appeal is received, a hearing of Council shall be convened,
and the Applicant or Licensee shall be provided reasonable written notice thereof.
9.8 At such hearing Council shall receive a report, either verbally, or in writing, from the
Manager and from such other officers or employees of the Municipality who may be
involved in the matter being considered by Council.
9.9 At the hearing before Council, the Applicant, Owner, and/or Tenant, as applicable,
either personally or through is Agent or solicitor shall be afforded the opportunity
to present such material and evidence relevant to the issue before Council as they
may deem appropriate, and they may ask questions of any Person presenting
evidence or a report to Council relevant to the said issues.
9.10
For the purposes of this by-law, a quorum of Council shall be a majority of
the members of Council, and a decision by the majority of members present shall be
the decision of Council.
9.11
Council may, after having heard all the evidence and submissions made to it
by the Applicant, Owner, and/or Tenant, as applicable, and the Manager, debate the
matter and reach its decision.
9.12
After such opportunity to be heard is afforded the Applicant or Licensee,
Council may make a decision in respect of which the hearing was held or the
opportunity for hearing afforded. Council's decision is final and not subject to
review. Council may issue a Licence, renew a Licence, refuse to issue a Licence, refuse
to renew a Licence, Revoke, Suspend, or impose any conditions upon a Licence.
Council may consider any matter pertaining to the licensing requirements in
Section 4, the Regulations in Section 5, and/or the grounds for refusal in Section 6,
or any other matter that relates to the general welfare, health, or safety of the
public.
9.13
Where Council conducts a hearing, the rules set out in the Statutory Powers
Procedure Act, R.S.O. 1990, c. S.22 shall apply.
10.0 Order
10.1 Where the Manager has reasonable grounds to believe that a contravention of this
by-law has occurred, the Manager may serve an order on the Licensee setting out the
reasonable particulars of the contravention and directing:
a) Compliance within a specified timeframe;
b) Any work that is required to be done, and in default of such work being
done, the work may be done at the Licensee's expense and the
Municipality may recover the expense by in the same manner as
municipal taxes; or
c) The activity be discontinued.
10.2 Any Person who contravenes an order under this by-law is guilty of an offence.
10.3 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.
11.0 Demerit Point System
11.1 A demerit point system is established, without prejudice to and without precluding
the use of options otherwise available to enforce this by-law or any other by-law of
the Municipality or Provincial Act or Regulation including, but not limited to, set fines,
and actions pursuant to the Building Code Act, Fire Protection and Prevention Act, and
the Provincial Offences Act.
11.2 The number of demerit points referenced in Column 3 of Table 1 below may be
assessed against a Short-Term Rental in respect of the matter noted in Column 1 upon
the following event respecting a contravention:
a) The expiry of the period for appealing a fine imposed pursuant to Part I or
Part III of the Provincial Offences Act;
b) The expiry of the period for appealing against a conviction in the Ontario
Court of Justice;
c) The confirmation of a guilty plea or uncontested fine where payment has
been made;
d) The confirmation of an order; or,
e) The confirmation of an order resulting in Municipality remediation.
11.3 A Short-Term Rental Licence may be Suspended for a period not longer than six months
if the total of all demerit points in effect respecting the Short-Term Rental is at least
seven (7).
11.4 A Short-Term Rental Licence may be Revoked if the total of all demerit points in effect
respecting the Short-Term Rental is at least fifteen (15).
11.5 Notice of the suspension or revocation of a Licence shall be provided in accordance
with Section 12 of this by-law.
11.6 Demerit points shall remain in place until the two-year anniversary of the date on
which the demerit points were assessed.
Column 1 - Infraction
Column 2 -
Section
Column 3 -
Demerit points
1. Exceed permitted Occupancy
5.4 a)
4
2. Second or subsequent offence for exceeding
maximum Occupancy
5.4 a)
7
3. Non-availability of Responsible Person
5.5 c)
4
4. Property Standards By-law Conviction related
to Premises
n/a
5
5. Noise By-law Conviction related to Premises
n/a
3
6. Open Air Burning By-law Conviction related to
Premises
n/a
4
7. Using or permitting Premises to be used
contrary to the Parking Management Plan
5.3 a), b), c),
d)
3
8. Building Code Act Order/Conviction
n/a
7
9. Fire Protection and Prevention Act/Fire Code
Order/Conviction
n/a
7
10. Non-Compliance with other Municipal By-laws
not listed
n/a
3
12.0 Notices/Orders
12.1 Any notice or order issued pursuant to this by-law may be given in writing in any
of the following ways and is effective:
a) On the date on which a copy is delivered to the Licensee to whom it is
addressed;
b) On the fifth day after a copy is sent by mail to the Licensee's last known
Address;
c) Upon the sending of a copy by e-mail transmission to the Licensee's last
known e-mail address, or
d) Posting it on the Premises, on the date of the posting.
12.2 For the purpose of section 12.1, the Licensee's last known Address and last known
e-mail address shall be deemed to include those provided pursuant to Section
4.1 of this by-law.
13.0 Inspection
13.1
The Manager or an Officer may, at any reasonable time inspect:
a) Any Premises for which an application for a Short-Term Rental Licence has
been submitted in whole or in part;
b) Any Premises for which a Short-Term Rental Licence has been issued;
c) Any Premises, vehicle, or place where a Business which is subject to this by-
law is carried on or where there are reasonable or probable grounds to
believe a Business is carried on;
d) Any goods, equipment, books, records, or documents used or to be used by
the Owner, Tenant, Applicant, or Responsible Person under this by-law.
13.2 It shall be an offence to obstruct or permit the obstruction of such inspection.
14.0
Offence and Penalty Provisions
14.1 Every Person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine and such other penalties as
provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as
amended.
14.2 Every Person guilty of an offence under this by-law may, if permitted under the
Provincial Offences Act, pay a set fine, and the Chief Judge of the Ontario Court
of Justice shall be requested to establish set fines in accordance with Schedule
"A" attached to this by-law.
14.3 Pursuant to section 447 of the Municipal Act, 2001 where an Owner is
convicted of knowingly carrying on or engaging in a Business in respect of any
Premises or part of any Premises without a Short-Term Rental Registration, or a
Person is convicted of any other contravention of this by-law and the court
determines that the Owner of the Premises or part of the Premises in respect of
which the conviction was made know or ought to have known of the conduct
which formed the subject-matter of the conviction or any pattern of similar
conduct, the court may order that the Premises or part of the Premises be closed
to any use for a period not exceeding two years.
14.4 In addition to any other remedy, it may have at law, the Municipality shall be
entitled to enforce this by-law in accordance with Section 442 and 446 of the
Municipal Act, 2001, as amended.
15.0 Collection of Unpaid Fines
15.1
Pursuant to Section 441 of the Municipal Act, if any part of a fine for a
contravention of a business licensing 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 Manager 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 and may be added to the Person's tax roll and collected in the
same manner as property taxes.
16.0
References
16.1
References in this by-law to any legislation or by-law means as may be
amended or replaced from time to time and include any regulations
thereunder.
17.0
Severability
17.1. 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.
18.0
Short Title
18.1 This by-law shall be known as the "Short-Term Rental Licensing By-law".
19.0
Effective Date
19.1
THAT this By-law shall come into effect in each ward of the Municipality of
Bluewater as set by the following dates:
Ward of Bayfield - July 4th, 2023
Ward of Hay West - July 25th, 2023
Wards of Stanley West and East, Hensall, Zurich, Hay East - August 15th, 2023
By-law read a first and second time this 19th day of June 2023.
By-law read a third time and finally passed this 19th day of June 2023.
Paul Klopp, Mayor
Chandra Alexander, Clerk
Original Signed
Original Signed
The Corporation of the Municipality of Bluewater
Schedule "A" to By-Law Number 68-2023:
Short-Term Rental Licensing By-law
PART 1-Provincial Offences Act
Set Fine Schedule
Item Column 1 - Short Form Wording
Column 2 - Offence
Creating Provision
Column 3
- Set Fine
1.
Operate/Permit operation of a Short-Term
Rental without a Licence
2.1a)
$900
2.
Operate a Short-Term Rental while Licence
Suspended
2.1d)
$900
3.
Market/operate/provide Short Term Rental
where prohibited
2.2
$750
4.
Transfer or assigned a Licence
2.3 a)
$750
5.
Obtain a Short-Term Rental Licence by
providing false information
2.3 b)
$500
6.
Obstruct an inspection of Premises
2.3 d)
$500
7.
Operate more than one Short-Term Rental
on a Premises
2.3 e)
$500
8.
Use/Permit the use of Short-Term Rental
contrary to the permitted Occupancy
5.4 a)
$500
NOTE: The general penalty provision for the offences listed above is Section 14 of By-law
Number 68-2023, a certified copy of which has been filed.