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THE CORPORATION OF THE CITY OF BRAMPTON
OFFICE CONSOLIDATION
By-law 165-2021
(Amended by By-law 47-2026, 106-2026)
To license, regulate and govern Short-Term Rentals
WHEREAS Subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended, ("Municipal Act, 2001") provides that the powers of a municipality shall
be interpreted broadly so as to confer broad authority on municipalities to enable
them to govern their affairs as they consider appropriate, and to enhance their
ability to respond to municipal issues;
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 any Act;
AND WHEREAS Subsection 11(1) of the Municipal Act, 2001 provides that a
municipality may provide any service or thing that the municipality considers
necessary or desirable for the public;
AND WHEREAS Subsection 11(2) of the Municipal Act, 2001 provides that a
municipality may pass by-laws respecting: in paragraph 5, Economic, social and
environmental well-being of the municipality; in paragraph 6, Health, safety and
well-being of persons; in paragraph 7, Services and things that the municipality is
authorized to provide under subsection (1); and in paragraph 8, Protection of
persons and property, including consumer protection;
AND WHEREAS Subsection 11(3) of the Municipal Act, 2001 provides that a
municipality may pass by-laws respecting: in paragraph 11, Business Licensing;
AND WHEREAS Section 23.2 of the Municipal Act, 2001 permits a municipality
to delegate legislative and quasi-judicial powers where the council of the
municipality is of the opinion that the power being delegated is of a minor nature;
AND WHEREAS pursuant to the provisions of Part IV - Licences of the
Municipal Act, 2001, a municipality may pass by-laws for licensing, regulating
and governing any business wholly or partly carried on within a municipality even
if the business is being carried on from a location outside the municipality;
AND WHEREAS Subsection 151(1) of the Municipal Act, 2001, provides that a
municipality may establish a system of licences with respect to a business and
may prohibit the carrying on or engaging in the business without a licence,
refusing, revoking or suspending a licence, imposing conditions on a licence,
regulating property used for a business that requires a licence and regulating
persons carrying on a business that requires a licence;
AND WHEREAS Subsection 391(1) of the Municipal Act, 2001, provides that a
municipality may impose fees and charges on persons for services or activities
provided or done by or on behalf of it;
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AND WHEREAS Subsection 429(1) of the Municipal Act, 2001, provides that a
municipality may establish a system of fines for a by-law passed under the Act;
AND WHEREAS Subsection 436(1) of the Municipal Act, 2001, provides that a
municipality may pass by-laws providing for the entry onto land at any
reasonable time for the purpose of carrying out an inspection to determine
compliance with a by-law;
AND WHEREAS Section 444 of the Municipal Act, 2001, provides that a
municipality may make an order to require a Person to discontinue contravening
a by-law and to do the work required to correct the contravention;
AND WHEREAS The Council of the Corporation of the City of Brampton
considers it desirable and necessary to license, regulate and govern the Short-
Term Rental businesses listed within this By-law.
NOW THEREFORE the Council of The Corporation of the City of Brampton
ENACTS as follows:
PART I - SHORT TITLE
1.
This By-law may be referred to as the "Short-Term Rental By-law".
PART II - DEFINITIONS
2.
For the purposes of this By-law:
"Additional Fee" means a fee, in addition to the licence fee, imposed by the City
on a business at any time during the term of the Licence for costs incurred by the
City that are attributable to the activities of the business;
"Applicant" means a Person applying for a new Licence or renewing a Licence
under this By-law;
"Application" means an application for a new Licence or a Licence renewal in the
form provided by the Licence Issuer that must be accompanied by the
appropriate documentation and fee;
"Bedroom" means a room provided for rent or hire, which is used or designed to
be used as sleeping accommodations and may contain bathroom facilities;
"City" means The Corporation of the City of Brampton;
"Clerk" means the Clerk of the City or the Clerk's duly appointed Deputy;
"Criminal Record" means a record of past crimes for which an individual has
been convicted;
"Entire-Unit Rental" means a Short-Term Rental in which the Short-Term Rental
Guest occupies an entire dwelling unit;
"Fire Chief" means the Chief of the Brampton Fire and Emergency Services or
his or her designate;
"Inspector" means any one of the following:
(a)
Municipal Law Enforcement Officer;
(b)
Medical Officer of Health and/or Peel Region Health Inspector;
(c)
Fire Chief and/or Fire Inspector in the Brampton Fire and
Emergency Services; or
(d)
Police Officer as defined in this By-law;
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"Licence" means a Short-Term Rental Host Licence issued in accordance with
this By-law;
"Licence Fee" means the fee set out in Schedule A that is required to be paid to
the City for a new Licence or a Licence renewal;
"Licensee" means any Person holding a Licence under this By-law;
"Licence Issuer" means the person appointed under this By-law and includes his
or her designate;
"Medical Officer of Health" means the Medical Officer of Health for The Regional
Municipality of Peel and includes any Peel Region Health Inspector acting on his
or her behalf;
"Peel Region Health Inspector" means a public health inspector employed by The
Regional Municipality of Peel;
"Person" includes an individual person, corporation, partnership or limited
partnership;
"Police Officer" means a police officer of the Peel Regional Police;
"Principal Residence" means a dwelling unit owned or rented by a Person, either
alone or jointly with others, where the Person is ordinarily resident;
"Short-Term Rental" (STR) means all or part of a Principal Residence used to
provide sleeping accommodations for any rental period that is less than twenty-
eight (28) consecutive days in exchange for payment, but does not include
hotels, motels, or hospitals, or other short-term rentals where there is no
payment; (By-law 47-2026)
"Short-Term Rental Guest" means a Person or Persons responsible for the rental
of all or part of a Principal Residence by way of rental agreement or similar
agreement;
"Short-Term Rental Host" means any individual Person who owns, operates or
offers a Principal Residence for Short-Term Rental;
"Tribunal" means the Tribunal appointed by City Council to conduct hearings
under the Brampton Appeal Tribunal By-law, No. 48-2008, as amended, or any
successor by-law; and
"Zoning By-law" means the City's Zoning By-law No. 270-2004, as amended, or
any successor by-law.
PART III - LICENSING REQUIRED
3.
No Person shall carry on business as a Short-Term Rental Host unless that
Person has obtained a Licence issued in accordance with the provisions of this
By-law.
4.
No Person shall,
(1)
assign, modify, sell, or transfer, any Licence issued under this By-law;
(2)
act as an agent of any Person who advertises, operates or offers a Short-
Term Rental without a Licence in accordance with this By-law;
(3)
carry on the business of Short-Term Rental for which a Licence is required
under this By-law if the Licence has expired or been revoked, or while the
Licence is under suspension;
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(4)
provide false information or documents when applying for a Licence or
Licence renewal, or when required to provide any information or
documents related to any Short-Term Rental under this By-law; or
(5)
carry on the business of Short-Term Rental on a property if such use of
the land, building or structure does not conform with all applicable federal
and provincial legislation, or municipal by-laws.
PART IV - LICENCE ISSUER
5.
(1)
The Clerk is appointed as the Licence Issuer for the purposes of this By-
law.
(2)
Council delegates to the Licence Issuer the power to issue or renew,
refuse to issue or renew, to cancel, revoke or suspend, reinstate or impose
conditions on a Licence under this By-law.
6.
The Licence Issuer shall:
(1)
receive and process all Applications for new Licences and for Licence
renewal;
(2)
issue a new Licence or renew a Licence when,
(a)
an Application is made in accordance with the provisions of this
By-law;
(b)
the Application is complete;
(c)
the applicable Licence Fee is paid; and
(d)
the Application meets all of the requirements under this By-law,
unless there are grounds to refuse to issue a new Licence or renew a
Licence as set out in this By-law;
(3)
impose terms and conditions on a new Licence or Licence renewal when
the Licence Issuer is of the opinion that a term or condition of a Licence
should be imposed under this By-law;
(4)
maintain records showing all Applications received and Licences issued;
(5)
enforce or cause to be enforced, the provisions of this By-law;
(6)
prepare or cause to be prepared all notices, forms and any other
document, including any amendments thereto, that are necessary for the
administration of this By-law; and
(7)
perform all the administrative functions that may be required by this By-
law.
PART V - APPLICATION FOR A LICENCE AND FOR A LICENCE RENEWAL
7.
(1)
In order to apply for a new Licence or a Licence renewal, the Applicant
shall,
(a)
complete and submit an Application in the form approved by the
Licence Issuer;
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(b)
submit all documentation required under this By-law or requested
by the Licence Issuer; and,
(c)
submit the Licence Fee as set out in the Fee Schedule attached
as Schedule A.
(2)
An Application for a new Licence or Licence renewal shall not be
processed by the Licence Issuer until all of the requirements of Subsection
(1) are met and any outstanding Licence Fee(s) and any outstanding
Additional Fees have been paid.
8.
(1)
The Licence Issuer may require any one or more of the following as part of
the Application:
(a)
a statement from the Applicant as to whether charges against the
Applicant are pending under any federal and provincial legislation
and municipal by-laws, including but not limited to the Criminal
Code of Canada, the Controlled Drugs and Substances Act, the
Building Code Act, 1992, the Fire Protection and Prevention Act,
1997, the City's Zoning By-law, and this By-Law.
(b) confirmation that the use of the premises is permitted under the
City's Zoning By-Law;
(c) a declaration from the Applicant that the residence complies with
the Fire Code, O. Reg. 213/07, as amended, or any successor
regulations and that the Applicant will continue to ensure
compliance throughout the term of the licence; or,
(d) a letter of approval issued by the Medical Officer of Health.
(2)
Regardless of whether a Licence has been issued or renewed,
the Licence Issuer may require that the Applicant file further
information or provide further documentation in respect of a fact which
the Applicant has already attested to or previously supplied
documentation for.
9.
(1)
Where the Short-Term Rental Host is a corporation, the Application shall
be accompanied by a copy of the incorporating documents, a copy of the
last annual information filed and a copy of the business name registration,
if applicable.
(2)
Where the Short-Term Rental Host is a registered partnership, the
Application shall be accompanied by a copy of the registered declaration
of partnership and a copy of the business name registration, if applicable.
(3)
Where the Short-Term Rental Host is a sole proprietor, the Application
shall be accompanied by a copy of the business name registration.
(4)
Despite Subsection 9. (1) where a corporation applies for a Licence
renewal and there has been no change in the officers or directors of the
corporation, only a copy of the last annual information filed must be
submitted by the owner of the property with the Application.
10.
(1)
Where an Application for a Licence or Licence renewal is withdrawn by the
Applicant, the Licence Fee shall be refunded with the exception of $50.00.
Where the Licence has been issued no refund will be issued to the
applicant.
(2)
Where an Application for a Licence or Licence renewal is refused 50% of
the Licence Fee paid shall be refunded to the Applicant.
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(3)
Any Licence Fee refund calculated pursuant to Subsections 10.(1) or
10.(2) shall be reduced by any Additional Fee amount, or part thereof, that
is outstanding at the time of the refund.
11.
Regardless of when an Application for a new Licence or Licence renewal is
made, the Applicant is required to pay the full annual Licence Fee.
12.
(1)
Where a Licensee fails to renew the Licence by the renewal date, the
Person shall, upon submitting an Application for renewal, be subject to a
late renewal fee in accordance with Schedule A.
(2)
Where an Applicant applies for a Licence renewal and for a period of sixty
(60) days after the Licence expiry date the Application is incomplete or any
fee under this By-law is unpaid, the Licence Issuer may, in his or her sole
discretion, deem the Application to be an Application for a new Licence.
(3)
Where a Licensee fails to renew the Licence within ninety (90) days of the
specified renewal date, the Person shall no longer be entitled to renew the
Licence and shall be required to apply for a new Licence under this By-
law, subject to the payment of such fees as may be required.
13.
(1)
Where an Applicant has failed to provide any fee or document required
under this By-law for the issuance of a new Licence or a Licence renewal,
the Application shall be considered incomplete.
(2)
If the Application remains incomplete after thirty (30) days from the date
the Application was submitted, the Licence Issuer may issue a notice of
incomplete application and close the file.
(3)
Where an Application file is closed, the Applicant is required to pay the
closed file fee to the City as set out in Schedule A.
(4)
Subject to the time limitation in Subsection 13.(2), the closed file fee in
Subsection 13. (3) must be paid to the City before the Licence Issuer can
reopen a closed Application file.
(5)
The issuance of a notice of incomplete application is not a statutory power
of decision and is not subject to appeal to the Tribunal.
PART VI - APPLICATION FOR SHORT-TERM RENTAL HOST
14.
Notwithstanding the requirements set out in Sections 7, 8 and 9, every
Application for a Licence or Licence renewal as a Short-Term Rental Host shall
include:
(1)
the address of the Short-Term Rental property, together with a declaration
that the Short Term Rental is the Applicant's Principal Residence;
(2)
a floorplan outlining what part(s) of the property will be used as Short-
Term Rental, the square footage of the dwelling, and any such
documentation required for determining occupancy limits in accordance
with the City's Minimum Maintenance By-Law 104-96 enacted under
s.15.1 of the Building Code Act, 1992 that prescribes standards for the
maintenance and occupancy of property as amended, or any successor
by-law;
(3)
documents required as evidence of property ownership; or if the Applicant
is tenant of the property, then the written consent of the owner of the
property on which the Short-Term Rental is located;
(4)
payment of all fees in accordance with this By-law;
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(5)
proof of insurance, in the prescribed form as set out by the Licence
Insurer, subject to Section 61 of this By-law;
(6)
a criminal record search conducted by the Police in whose jurisdiction the
Applicant resides, or where the Applicant is a corporation or partnership
then a criminal record search of all officers, directors or partners,
confirming that there are no outstanding criminal charges or warrants
pending before any courts, or any criminal record convictions within the
last three (3) years;
(7)
a package, as prescribed by the Licence Issuer, which would be required
to be provided to all renters of the Short-Term Rental containing:
(a)
the name and telephone number of either the Short-Term Rental
Host or an emergency contact person who will be available
twenty-four (24) hours a day during the Short-Term Rental period;
(b)
floor plan including the location of safety equipment within the
property and all exits including emergency egress information for
the property;
(c)
police emergency and non-emergency contacts;
(d)
health emergency contacts including the location and hours of the
nearest emergency medical services;
(e)
information relating to waste disposal and property maintenance,
to ensure existing and continued compliance with all relevant
municipal by-laws, including but not limited to, this By-law, the
Zoning By-law and the City's Minimum Maintenance By-law;
(f)
instructions for lawful parking on the property or in the area, as
applicable;
(g)
procedures for filing and responding to complaints;
(h)
a schedule of fees associated with the Short-Term Rental, if
applicable;
(i)
the approved occupancy limit and fire safety plan of the Short-
Term Rental property; and
(8)
a declaration that the Short-Term Rental Host:
(a)
will comply with all provisions of this By-law; and
(b)
certifies the accuracy, truthfulness, and completeness of the
information submitted as part of their Licensing Application.
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PART VII - GENERAL REQUIREMENTS
15.
For the purpose of this By-law, a Short-Term Rental Host shall be deemed to
have only one Principal Residence at any time.
16.
No more than three (3) Bedrooms are to be individually rented in the Principal
Residence at any one time.
17.
The maximum number of occupants in a dwelling unit shall not exceed one
person for each fourteen (14) sq. metres (150 sq. ft.) of the total floor area of all
habitable rooms. For the purposes of this section, a child under twelve
years of age shall be counted as .5 persons.
18.
No room shall be used for sleeping purposes unless it has:
(1)
a minimum width of 1.83 metres (6 feet); and
(2)
a floor area of at least 5.6 sq. metres (60 sq. feet).
19.
A room used for sleeping purposes by two or more persons shall have a
floor area of at least 3.7 sq. metres (40 sq. feet) for each person using the
room.
20.
The following are the rules governing the minimum ceiling height of rooms
in a dwelling unit.
(1)
Ceiling height has its normal meaning, but where there is no ceiling, the
height is measured to the lowest point of the exposed joist.
(2)
The ceiling height must be 2.3 metres (7.5 feet) over at least fifty percent
of the floor area or an average of 2.13 metres (7.0 feet) over all of the floor
area.
(3)
Any part of the floor area having a ceiling height of less than 1.37 metres
(4.5 feet) is not considered in computing the floor area in section 20(2).
21.
No kitchen, bathroom or hallway shall be used for sleeping purposes.
22.
No Short-Term Rental Host shall rent or advertise a property for a Short-Term
Rental unless it is the Short-Term Rental Host's Principal Residence at that time.
23.
No Short-Term Rental Host shall rent a property for a total of more than one
hundred eighty (180) nights per calendar year.
PART VIII - CONDITIONS OF LICENCE
24.
The expiry date of Licences issued under this By-Law are set out in Schedule A
of the By-Law.
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PART IX - GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
25.
The Licence Issuer may refuse to issue or renew a Licence, if the Licence Issuer
is of the opinion that any one or more of the following has occurred, or may
occur:
(1)
the issuance of or the holding of a Licence or its renewal, would be
contrary to the public interest in respect of:
(a)
the health and safety of any person,
(b)
a nuisance affecting any land or person in the City, or
(c)
the protection of any consumer;
(2)
there are reasonable grounds for belief that the Applicant has not
carried on or will not carry on the Short-Term Rental business in
accordance with this By-law or any other law or with integrity and
honesty;
(3)
the conduct of the Applicant or Licensee or other circumstances afford
reasonable grounds for belief that carrying on the business has
infringed, or would infringe, the rights of other members of the public;
(4)
the Licence was issued on false, mistaken, or incorrect information;
(5)
the business of the Applicant or Licensee is carried on or intended to be
carried on in an area where it is prohibited;
(6)
the business for which the Licence has been issued has not been
carried on for a continuous period of sixty (60) days or more, except if
the Licence Issuer has been informed that the licensed premises is
undergoing renovations;
(7)
the Applicant is indebted to the City in respect of fines, penalties,
judgments, outstanding property taxes, or any other amounts owing,
including an administrative penalty;
(8)
the building, premises, place or part thereof in which the business is
carried on does not comply with the provisions of this By-law, or with
any other law, regulation or City By-law, including the Zoning By-law,
the Building Code, O. Reg. 350/06, as amended and the Fire Code,
O.Reg. 213/07, as amended or any successor regulations;
(9)
the premises in which the business is carried on is in an unsafe or
dangerous condition;
(10)
there are reasonable grounds for belief that the carrying on of the
business or occupation by the Applicant or Licensee has resulted or will
result in a breach of this By-law or any other law;
(11)
the Licence Fee payable has not been paid;
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(12)
any Additional Fee imposed on an Applicant or Licensee remains
unpaid after the due date as indicated in a notice of Additional Fee sent
to the Applicant or Licensee; or
(13)
the Applicant has received three (3) or more convictions under this By-
law within one year.
26.
Where the Applicant is a corporation or a partnership, the grounds for refusing
registration or its renewal shall apply to any of the officers or directors of the
corporation or partners in the partnership.
27.
In addition to the grounds for refusing a Licence or its renewal, an Applicant shall
not be entitled to hold a Licence, and the Licence Issuer shall refuse to issue or
renew Licence where, in the twelve (12) month period from the date of the
Application, the Applicant has:
(1)
applied for and been finally refused a Licence; or
(2)
had her or his Licence finally revoked.
28.
The Applicant for a Short-Term Rental Host's Licence or its renewal shall not be
issued to an individual person who is younger than eighteen (18) years of age.
29.
Any Licence issued will be automatically invalidated if the property ownership or
principal residency changes.
PART X - GROUNDS FOR REVOKING OR SUSPENDING A LICENCE
30.
The Licence Issuer may revoke or suspend a Licence for any one or more of the
grounds listed in Subsections 25 to 29.
31.
Any Licence issued under this By-law may be cancelled at any time upon the
written request of the Licensee.
32.
If the Licence Issuer is satisfied that the continuation of a business of a Short-
Term Rental poses immediate danger to the health or safety of any Person or
property, the Licence Issuer may, without a hearing, suspend a Licence for a
maximum period of fourteen (14) days and on such conditions as the Licence
Issuer considers appropriate, and shall provide the Licence holder with written
reasons for the suspension and allow the Licence holder an opportunity to
respond before the Licence Issuer makes a decision to revoke or suspend a
Licence pursuant to Subsections 25 to 29.
33.
After a decision is made by the Licence Issuer to refuse, revoke, suspend, or
cancel a Licence or Licence renewal, written notice of that decision shall be given
within ten (10) days to the Applicant or Licence holder.
34.
The written notice provided under Section 33 shall:
(1)
set out the grounds for that decision;
(2)
give reasonable particulars of the grounds for the decision;
(3)
be signed by the Licence Issuer; and
(4)
state that the Applicant or Licensee is entitled to a hearing by the Tribunal
if the Applicant or Licensee delivers to the Clerk within fifteen (15) days
after the notice is served, a notice in writing requesting a hearing by the
Tribunal accompanied by the appropriate appeal fee.
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35.
Any written notice given under this By-law shall be deemed to be received on the
receipt date which is one of the following:
(1)
in the case of mailed documents, five (5) days following the mailing as
determined from the post mark;
(2)
the case of personal delivery, e-mail or faxed document, the date of
delivery; and
(3)
where more than one method of delivery is used, the operative receipt
date for the calculation of the time for an appeal is the latest of the
possible receipt dates.
36.
Where any written notice is mailed under this By-law, it is sufficient to use the
Applicant's or Licensee's last known business or residential address.
PART XI - RETURN OF LICENCE
37.
Where a Licence has been revoked or suspended, and written notification is
provided and deemed received, the Licensee shall immediately return the
Licence to the Licence Issuer.
38.
A Person whose Licence has been revoked or suspended shall not refuse to
deliver the Licence to the Licence Issuer or Inspector in any way obstruct or
prevent the Licence Issuer or Inspector from receiving or taking the Licence.
39.
Where a Licence has been revoked or suspended, the Licence Issuer or
Inspector may enter upon the business premises or the Person to whom the
Licence was issued for the purpose of receiving, taking or removing the Licence.
PART XII - APPEAL OF DECISION OF LICENCE ISSUER
40.
The Applicant or Licensee may appeal a decision of the Licence Issuer to refuse
to issue or renew, revoke, suspend, or to impose any condition on a Licence, to
the Tribunal by filing a written notice of appeal with the Clerk, with reasons in
support of the appeal, accompanied by the appropriate appeal fee as set out in
the City's User Fee By-law.
41.
On receipt of a written request for an appeal from the Applicant or Licensee, the
Clerk shall schedule a hearing of the Tribunal and shall give the Applicant or
Licensee and the Licence Issuer reasonable written notice of the date, time and
place of the hearing in accordance with the Brampton Appeal Tribunal By-law,
No. 48-2008, as amended, or any successor by-law.
42.
The decision of the Tribunal shall be final.
43.
No member of the Tribunal, Council, or any employee for the City is personally
liable for anything done under authority of this By-law.
44.
Where the Tribunal has ordered that a Licence be granted, reinstated, a
suspension to a Licence ended or a change to the condition(s) of a Licence, the
Applicant or Licensee shall fulfill any outstanding requirements for the Licence
under this By-law.
45.
The filing of an appeal does not operate to suspend the decision of the Licence
Issuer.
46.
The decision of the Licence Issuer shall be final if the Clerk does not receive an
appeal by the fifteenth day following the receipt of written notice of the Licence
Issuer's decision.
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47.
The provisions of the Brampton Appeal Tribunal By-law, No. 48-2008, as
amended, or any successor by-law, apply to any appeal that is made under this
By-law.
PART XIII - SHORT-TERM RENTAL HOST RECORDS
48.
Every Short-Term Rental Host shall keep a record of each concluded Short-Term
Rental transaction for six (6) years following the date of the last day of the rental
period. The record retained shall include the following:
(1)
the number of nights the Short-Term Rental was rented;
(2)
the nightly and total price charged for the Short-Term Rental;
(3)
whether the Short-Term Rental was an Entire-Unit or Partial-Unit Rental;
and
(4)
any other information required by the Licence Issuer.
49.
Every Short-Term Rental Host shall provide the information kept in its records to
the Licence Issuer within thirty (30) days of being requested to do so.
PART XIV - GENERAL REQUIREMENTS OF LICENCES
50.
Every Licensee shall at all times:
(1)
comply with the provisions of this By-law, including any applicable
Schedule;
(2)
notify the Licence Issuer within seven (7) days of any changes related to
any particulars required to be filed as part of the Application for a Licence
or Licence renewal; and
(3)
notify the Licence Issuer immediately of the nature and extent of any
violation, where the Person registered or holding a permit ceases to
comply with the requirements of this By-law.
51.
Every Short-Term Rental Host holding a Licence under this By-law shall ensure
that every document issued by the Short-Term Rental Host, such as invoice,
contract, receipt, or similar document, contains the Short-Term Rental Host
Licence number.
52.
Every Short-Term Rental Host holding a Licence under this By-law shall include
their Licence number in any advertisements soliciting Short-Term Rental Guests.
53.
Every Short-Term Rental Host is liable for the conduct of each Short-Term Rental
Guest and is responsible for ensuring that all Short-Term Rental Guests comply
with all applicable laws, including municipal by-laws.
54.
Any Licence issued under this By-law shall be posted on the property of the
business of the Short-Term Rental, to which the Licence relates in a conspicuous
place that is clearly visible to the renter(s).
55.
Any Licence that is invalidated for any reasons pursuant to this By-law remains
the property of the City and shall be returned to the Licence Issuer forthwith.
56.
An Applicant or Licensee whose Licence has been refused or revoked, shall not
be entitled to make a new Application for the same or similar type of Licence for
a period of at least twelve (12) months from the date of the refusal or revocation.
57.
The Licence Issuer shall reinstate any Licence that has been suspended upon
satisfactory proof that the administrative requirements have been met.
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58.
Any Licence issued under this By-law may be cancelled at any time upon the
written request of the Licensee.
59.
A Person shall not enjoy a vested right in the continuation of a Licence and upon
the issuance, renewal, transfer, cancellation or suspension thereof, the value of a
Licence shall be the property of the City.
60.
A Licensee carrying on business under this By-law shall not advertise, promote
or carry on the business under any name other than the name endorsed upon
the Licence, without the written approval of the Licence Issuer.
PART XV - INSURANCE (replaced pursuant to By-law 106-2026)
61.
(1)
Every Person shall, before the issuance of a Licence to him or her,
provide proof of General Liability insurance against all claims for personal
injury including bodily injury resulting in death, and property damage with
an inclusive limit of not less than Two Million Dollars ($2,000,000.00) per
occurrence insuring him or her against liability imposed by law for any
loss or damage resulting from the carrying on of the business to which
the Licence relates.
(2)
Every Person who obtains a Licence shall ensure that the insurance
policy in Subsection 61(1) is maintained in good standing while the
Licence is valid and the business to which the Licence applies is in
operation.
(3)
Every Person shall provide the Licence Issuer with at least fifteen (15)
days' notice in writing, by regular mail, personal delivery, e-mail or fax
delivery, of cancellation, expiration or variation in the amount or
conditions of the policy required by Subsection 61(1).
(4)
A certificate of insurance issued in respect of the insurance policy in
Subsection 61(1) shall be provided to the Licence Issuer, before the
issuance of the Licence that it applies to, in the form of proof set out in
Schedule B to this By-law."
PART XVI - INSPECTION
62.
(1)
The Licence Issuer or Inspector, may enter on any land and building or
structure thereon, at any reasonable time for the purpose of carrying out
an inspection to determine whether any one or more of the following are
being complied with:
(a)
the provisions of this By-law;
(b)
an order made under this By-law;
(c)
a condition of a Licence issued under this By-law; or
(d)
an order made under section 431 of the Municipal Act, 2001.
(2)
For the purposes of an inspection under Subsection 62. (1) the person
carrying out the inspection may do any one or more of the following:
(a)
require the production for inspection of any goods, articles, books,
records and other documents of or relating to any trade, business
or occupation licensed under this By-law.
(b)
inspect and remove documents or things relevant to the
inspection, including anything listed in Subsection 62. (2) (a), for
the purpose of making copies or extracts.
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(c)
require information from any Person concerning a matter related to
the inspection.
(d)
alone or in conjunction with a person possessing special or expert
knowledge make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
(3)
No Person shall obstruct or hinder, or cause to be obstructed or hindered,
an Inspector in the performance of their duties under this By-law.
(4)
Upon request of the Licence Issuer or Inspector, the Licensee shall
produce the Licence and any other requested documents forthwith.
PART XVII - ORDER TO COMPLY
63.
(1)
Where the Licence Issuer or Inspector believes that a contravention of this
By-law has occurred they may issue:
(a)
an order to discontinue the contravening activity;
(b)
an order to correct the contravention; or
(c) an order to discontinue the contravening activity and correct the
contravention.
(2)
The orders contemplated in Subsection 63.(1) shall set out:
(a)
the name of the Person who is believed to have contravened this
By-law and the municipal address or the legal description of the
land to which the contravention or Licence applies;
(b)
reasonable particulars of the contravention;
(c)
the date by which there must be compliance with the order;
(d)
if applicable, the work to be done and the date by which the work
must be done; and
(e)
if applicable, a statement that the City may have the work done at
the expense of the owner of the property if the work is not done in
compliance with the order.
(3)
An order issued under this By-law may be served personally or served by
mail to the last known address of the Person and such other persons
affected by it as determined by the Licence Issuer or Inspector and a copy
of the order may be posted on any property to which the contravention or
Licence applies.
(4)
If an order is served by registered mail, the service shall be deemed to
have been made five (5) days after mailing.
(5)
Where service cannot be carried out in accordance with subsection 63.
(3), the Inspector may place a placard containing the terms of the order in
a conspicuous place on the property to which the contravention or Licence
applies, and the placing of the placard shall be deemed to be sufficient
service of the order on the Person or persons to whom the order is
directed.
(6)
Every Person who fails to comply with an order made under this section is
guilty of an offence.
PART XVIII - OFFENCES AND PENALTIES
64.
Every Person who contravenes any provision of this By-law, and every director or
officer of a corporation who concurs in such contravention by the corporation, is
guilty of an offence and is liable to a fine, and such other penalties, as provided
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for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended (the
"Provincial Offences Act") and the Municipal Act, 2001, S.O. 2001, c. 25.
65.
In addition to Section 64, any Person who is charged with an offence under this
By-law by the laying of an information under Part III of the Provincial Offences
Act and is found guilty of the offence is liable, pursuant to the fine provisions of
the Municipal Act, 2001, to the following fines:
(1)
the minimum fine for an offence is $500 and the maximum fine for an
offence is $100,000;
(2)
in the case of a continuing offence, for each day or part of a day that the
offence continues the minimum fine shall be $500 and the maximum fine
shall be $10,000, and the total of all daily fines for the offence is not
limited to $100,000;
(3)
in the case of a multiple offence, for each offence included in the multiple
offence the minimum fine shall be $500 and the maximum fine shall be
$10,000 and the total of all fines for each included offence is not limited to
$100,000.
66.
In addition to the fine provisions in Section 65, if a Person is convicted of an
offence under this By-law, any economic advantage or gain obtained by the
Person from operating a business without a Licence may be considered an
aggravating factor for sentencing purposes which may attract a special fine,
which shall be equal to or greater than the economic advantage or gain obtained
by the Person from operating the business without a Licence.
67.
The maximum amount for a special fine in Section 66 may exceed $100,000.
68.
If a Person is convicted of an offence under this By-law, in addition to any other
remedy or any penalty imposed, the court in which the conviction has been
entered, and any court of competent jurisdiction thereafter, may make an order:
(1)
prohibiting the continuation or repetition of the offence by the Person
convicted; and
(2)
requiring the Person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
69.
Where a Person fails to pay any part of a fine for a contravention of this By-law
and the fine is due and payable under Section 66 of the Provincial Offences Act,
including any extension of time to pay the fine provided under that section, the
City Treasurer, or the Treasurer's delegate may give the Person a written notice
specifying the amount of the fine payable and the final date on which it is
payable, which date shall not be less than twenty-one (21) days after the date of
the notice.
70.
If any part of a fine for a contravention of this By-law remains unpaid after the
final date specified in the notice provided under Section 69, the outstanding fine
is deemed to be unpaid taxes pursuant to Section 351 of the Municipal Act, 2001.
71.
Administrative Penalties (Non-Parking) By-law 218-2019, as amended, applies to
this By-law. Every Person who contravenes a provision of this By-law designated
in Schedule A of the Administrative Penalties (Non-Parking) By-law 218-2019, as
amended, shall upon issuance of a Penalty Notice be and is liable to pay to the
City of Brampton an administrative penalty in the amount set out in the
Administrative Penalties (Non-Parking) By-law 218-2019, as amended.
PART XIX - TITLE, INTERPRETATION AND SEVERABIILTY
72.
(1)
Wherever a word is used in this By-law with its first letter capitalized, the
term is being used as it is defined in this By-law. Where any word
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appears in ordinary case, the commonly applied English language
meaning is intended.
(2)
Wherever a word defined in this By-law is used in the form of a noun,
verb, adverb or adjective, it shall be interpreted as having a
corresponding defined meaning even if it is in ordinary case.
(3)
All words importing the singular shall include the plural, and words
imparting the masculine gender shall include the feminine, and the
converse of the foregoing also applies, unless the context of the By-law
requires otherwise.
73.
In the event of a conflict between any of the general provisions of this By-law and
any provisions set out in the Schedule attached to this By-law, the provisions of
the Schedule shall prevail.
74.
If a court of competent jurisdiction declares any provision or part of a provision of
this By-law to be invalid or to be of no force and effect, it is the intention of
Council in enacting this By-law that the remainder of this By-law shall continue in
force and be applied and enforced in accordance with its terms to the fullest
extent possible according to law.
PART XX - DISCRIMINATION
75.
(1)
No Person, in carrying out a business Licensed under this By-law, shall
discriminate against any member of the public on the basis of race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual
orientation, gender identity, gender expression, age, marital status, family
status or disability.
(2)
No Person, in carrying out a business Licensed under this By-law, shall with
respect to any person being guided or assisted by a service animal:
(a)
refuse to service the person;
(b)
refuse to permit the person to enter with the animal into or upon
any place or premises to which the Licence relates; or,
(c)
refuse to permit the person and such animal to remain in or upon
such place or premises by reason only of the presence of such
animal.
PART XXI - SCHEDULES AND APPENDICES
76.
(1)
All Schedules attached to this By-law shall form part of this By-law.
(2)
The expiry dates of Licences issued under this By-law, except for those
issued per day or per event, are set out in Schedule A to this By-law.
PART XXII - TRANSITIONAL PROVISIONS
77.
Any business operating a Short-Term Rental in the City must obtain a Licence
issued under this By-law prior to September 30, 2021 and Licences shall renew
September 30th annually.
PART XXIII - EFFECTIVE DATE
78.
This By-law comes into effect on July 8th, 2021.
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ENACTED AND PASSED THIS 7th DAY OF JULY, 2021.
THE CORPORATION OF THE CITY OF BRAMPTON
Original Signed by:
Patrick Brown, Mayor
Peter Fay, City Clerk
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SCHEDULE "A"
SHORT TERM RENTAL FEES
Licence Type
Fee Type
Fee
Expiry
Short Term Rental
Host
Application or Renewal Fee
$150.00
September 30th
annually
Other Fees
Late Renewal Fee
$50.00
Closed File Administration
$50.00
These rates shall automatically increase and be rounded up to the nearest dollar on the
first day of January in each year by the percentage increase in the All Items Index of the
Consumer Price Index (not seasonally adjusted) for the Toronto Census Metropolitan
Area, published by Statistics Canada, during the 12-month period ending on September
30 in the year immediately preceding the rate increase date.
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SCHEDULE "B"
CERTIFICATE OF INSURANCE