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BY-IA
W
NUMBER 2025 -0 3 7
Being a By-law to license, regulate and governthe provision
of short-term rentals in the Municipality of Central Elgin
including bed and breakfast establishments, inns, Short-Term
rentals, hostels, rooming houses and boarding houses.
section 10(2) ofthe MunicipalAct, 2001, S.O. 2001, c.25, (the "Municipal
Act, 200l ';,
provides that a municipality may pass By-laws respecting: health safetyand
well-being of persons and property, including consumer protection and business
licensing;
section 151 (1) ofthe MunicipalAct, 2001 provides that, without limiting
sections 9, 10 and 11 ofthe MunicipalAct, 2001, a municipality may provide fora system
oflicenses with respect to a business and may:
a. prohibit the carrying on or engaging in the business without a license;
b. refuseto grant a licence, or revoke or suspend a licence;
c.
impose conditions as a requirement ofobtaining, continuing to hold, or renewing a
licence;
d. impose special conditions on a business in a class that have not been imposed on all
ofthe 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 ofthe licence;
licence, regulate or govern real and personal property used for the business and the
persons carrying it on or engaged init.
section 429(1) ofthe Municipal Act, 2001, provides that a municipality
may establish a system of fines foroffences under a By-law of the municipality passed
under the MunicipalAct, 2001;
the Council of The Corporation of the Municipality of Central Elgin has
deemed it necessary and expedient to regulate and License Short-Term Rentals;
NOW '
IHEREFORE
BEIT
ENACIF1) by Councilof The Corporationof the Municipality of
Central Elgin as follows:
1.1.
This By-law may be referredto as the "Short-Term Rental Licensing By-law."
2.1
For the purposesofthis By-law the followingterms are definedas follows:
a."
means the Clerk forthe Municipality of Central Elgin,
an Officer for the Municipality and/ or staff member of Fire and
Emergency Services whose duty includes but is not limited to the
administration and enforcement of this By-law, including but not
limitedto the issuance ofa license;
b."
means a Person authorizedin writing by an Ownerto act on
the Owner's or group of Owner's behalf;
c."
means the Director ofInfrastructureand Community
Services whose duty is to hear and decide appeals submitted in
accordance with the provisions ofthis By-law;
d."
means any statute, rule, requirement, demand,
order, direction, guideline, ordinance, by-law, policy or regulation of
the federal, provincial, municipalgovernment, governmental authority
or agency as may be applicable to the operation of the Short-Term
Rental;
e."
means the person applying fora licence or renewal ofa
licence under this by-law and " application" has corresponding
meamng;
means fulsome details of a person applying
foror the renewal ofa licence under this by-law and such information
shall include their full name, date of birth, municipal address,
telephone number and email address.
g."
means
documents
relating
to
an
incorporated business pursuant to the Business Corporations Act,
RS.O. 1990 c.B.16, or the Corporation Act;. 1990, c.C.28;
h."
means a structure occupying an area greater than ten (10)
square metres consisting ofa wall, roof, and floor or any ofthem, or
a structural system serving the function thereof, includingplumbing,
works, fixturesand services appurtenant thereto;
or "
means the Corporation of the
Municipality ofCentralElgin or the lands within the geographic limits
ofthe Corporation ofthe Municipality ofCentral Elgin as the context
requrres;
j."
means the ChiefBuilding OfficialforCentral
Elgin, or any Person designated by the ChiefBuilding Official;
k."
means council ofthe Municipality of Central Elgin;
1."
means the diagram and instructions to be
placed in the unit that is governed by this By-law clearly setting out
the precautions to be undertaken during a : fireemergency. Fire Safety
instructions are to depict graphically the location of each bedroom,
smoke alarm, carbon monoxide alarm, : fireextinguisher, emergency
lighting, access/ egress doors or windows;
m.''
means a licence issued under this By-law;
n.''
means any Person, Responsible Person, agent, Owner or
Operator applying fora Licence or Licences under the provisions of
this By-law;
o."
means a peace officer, Municipal Law Enforcement Officer,
the Fire Chief or their designate, Chief Building Official or their
designate, or other Person appointed
by By-law to enforce the
provisions ofthis By-law;
p."
means any person ( owner or tenant) who operates a
Short-Term Rental;
q."
means the registered owner ofthe lands or Premise or their
authorized agent that is in lawful control ofthe lands or Premise;
r."
means
an
Individual, Owner,
firm, proprietorship,
partnership, association, syndicate, trust, corporation, department,
bureau, agency, or other entity;
s.''
means any land or Property where the Short-Term Rental
is located that is within the jurisdiction of the Municipality;
t.''
means the Provincial
Offences
Act, RS.O.
199 0, c.P. 33, and all regulations thereto, as may be amended from
time to time, or any successor thereof;
u."
shall mean a document prepared by and
posted on the Municipality' s website setting out the roles and
responsibilities ofthe renter, including but not limited to:
Expectations of the Renter' s behaviour only as they relate to
non-disturbance of others;
n.
Providing a warning related to the making of a disturbance;
Identifying some of the Municipality' s by-laws that the renter
must comply with including the provisions of this By-law
including but not limited to noise, property standards and
parking.
v.''
means the Owner, Operator, or an agent
assigned by the Owner or Licensee ofthe Short- Term Rental dwelling
to ensure that the Short-Term Rental is operated in accordance with
the provisions ofthis By-law, the Licences, and Applicable Law;
w."
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 commercial
transaction to the public for a period of less twenty- eight ( 2 8)
consecutive days and includes but is not limited to bed and breakfast
establishments, inns, hostels, rooming houses and boarding houses
but does not include hotels, trailer parks, campgrounds and motels;
x."
means
the
Comprehensive
Zoning
By-laws
applicable to the lands situated with the Municipality and includes
the following Village ofBelmont By-law 91-21, Village ofPort Stanley
By-law 1507, and Township of Yarmouth By-law 1998, as amended
fromtime to time, or any successor thereof;
3 .1
No person shall carry on, or intend to carry on, any trade, business or
occupation of a Short- Term Rental forwhich a licence is required under
this By-law unless that Person has first obtained a Licence as required
under the terms and conditions of this By-law.
3 .2
No person shall advertise a Short- Term Rental without having a licence
forthe Short- Term Rental issued under the provisions of this By-law.
3 .3
No person shall operate or permit to operate a Short- Term Rental in a
dwelling utilizing more rooms than is permitted by the Municipality and
as set out on the Licence issued by the Municipality
underthe provisions
ofthis By-law forthe Short- Term Rental establishment.
3 .4
No Person shall advertise, promote, broker, or offerforrent or lease any
Short- Term Rental without obtaining and maintaining a valid Licence
under this By-law.
3 .5
Short- Term Rentals shall at all times be required to comply with all
Applicable Laws.
3 .6
For greater clarity, the requirements ofthis By-law do not apply to a motel
or hotel as defined in the Zoning By-law.
3 .7
For greater clarity, the Licence acquired under this Short- Term Rental By-
law does not permit a Short- Term Rental to be used forthe purposes of
hosting events such as weddings, receptions, or any other similar group
activity.
4 .1
Any Person seeking to obtain a Licence or a renewal Licence shall submit
a complete application annually to the Administrator on the forms or in
the manner prescribed by the Municipality.
4.2
Any Person seeking to obtain a new Licence or a renewal Licence shall
apply to the Municipality forthe Short- Term Licence on an annual basis
and the Licence be issued on or before March 1st annually.
4 .3
No Application shall be accepted fora licence ifthe Applicants are under
the age of 18 years.
4 .4
Every Applicant for a Licence shall submit, to the satisfaction of the
Administrator, the following information:
a.
Payment of the required licence fee, as set out in the Municipality' s
Fees and Charges By-law, as amended fromtime to time;
b.
The fullyand correctly completed Short- Term Rental application form;
c.
The registered Owner name and contact information;
d.
Exteriorphotographs ofthe Short- Term Rentalshowing the front, back
and sides;
e.
Identification and contact information of the Owner and Responsible
Person who is accountable for responding to any complaints related
to the Short- Term Rental by telephone within a period of thirty (30)
minutes;
A site plan and floor plan of the Short- Term Rental Property clearly
indicating the location and total number ofbedrooms, access / egress
points, parking, garbage / recycling area, and private well and septic
system where applicable;
g.
A Parking :
Management Plan identifying the number ofparking spaces
available for guests of the Short- Term Rental Property. For those
Short- Term Rental Properties that do not have sufficient parking based
on occupancy, the Municipality may in its sole and absolute discretion
make available overnight parking passes in some specified locations;
h.
A written inspection approved the by the Municipality' sFire Chiefor
designate dated within the prior two (2) year period stating that the
property is in compliance with the FireProtectjon and Preventjon Act,
1997, S.O. 1997, c.4, as amended, and its regulations
and shall
include a statement of the maximum occupancy permitted;
A written attestation from the Owner and/ or an engineer in good
standing with Professional Engineers Ontario confirming that the
building complies with the Buj] dmg Code Act, S.O. 1992, c.23, and
its associated regulations as may be amended and/ or replaced from
time to time;
j.
A certificate of insurance confirming that the Applicant has in place,
at the time ofthe Application, general liability insurance covering the
property and all buildings situated on the property of not less than
Two l\.
1illionDollars ($ 2,000,000) in effect forthe applicable year and
confirmation that the Applicant' s insurance policy contains coverage
fordamage from fire and does not prevent the Applicant from using
the Property as a Short-Term Rental, the Applicant' s insurance is
cancellable by the Applicant' sinsurer on nor more than 60 calendar
days' prior notice, and/ or any other such coverage
as may be
recommended by the Municipality' s insurer forthe period covered by
the licence. Any lapsing or termination of the applicable insurance
during the period ofthe Licence must be immediately reported to the
Municipality;
k.
Identify and maintain a self-enclosed structure or container for the
disposal of garbage and waste that is readily accessible to utilizing
the Short- Term Rental. For clarification, all garbage and recycling
stored outside shall be in a secure enclosed bin and may not be left
outside before sunset the day before the scheduled collection;
I.
Any other information required under this By-law.
4 .5
The Administrator
shall not accept any application for a Short- Term
Municipality. A Licence shall be deemed to be void immediately upon
change of ownership or location of the Short-Term Rental or upon
discontinuation
of the Short- Term Rental;
5 .4
The Application for Renewal fee is non-refundable regardless of the
ultimate disposition ofthe Licence Application.
6 .0
Prohibitions
6 .1
No Person shall market, operate or permit a Person to operate or hold
themselves out as being licensed to operate a Short-Term Rental:
a.
without a Short-Term Rental licenceto 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 the provisions ofthis By-law;
d.
while their Short-Term Rental Licence is under suspension;
e.
except in accordance with the terms and conditions of their Short-
Term Rental Licence.
6 .2
No Person shall Market, operate, or provide a Short-Term Rental in:
a.
a motor vehicle or trailer;
b.
an unlawful dwelling unit;
c.
a docked boat;
d.
in a dwelling where a Licence to operate a Short-Term Rental has not
been issued.
6 .3
No Person shall be permitted to,
a.
transfer or assign a Short-Term Rental Licence without the prior
written approval ofthe Municipality;
b.
obtain a Short-Term Rental licence by providing false, misleading or
incorrect information;
c.
enjoy a vested right in the continuance ofa Short-Term Rental Licence.
Uponthe issuance, renewal, cancellation or suspension of the Short-
Term Rental Licence it shall become the property ofthe Municipality;
d.
obstruct or permit the obstruction of an inspection pursuant to this
By-law.
7 .0
Inspections
7 .1
Upon receipt of a complete Applicationas set out in the By-law, and all
accompanying documentation in addition to the required fees, the
Municipality shall schedule an inspection or inspections of the Short-
Term Rental property at a reasonable time.
7 .2
Upon any change identified in the Renewal Application the :
Municipality
may conduct an inspection following the submission of the Renewal
Application in addition to the required fees in its discretion acting
reasonably.
7 .3
A Licence issued under this By-law is valid fora period of one (1) year,
unless revoked prior to the one (1) year period coming to an end.
8 .1
The Administrator in their discretion may reject a Licence Application or
a Renewal Application where any of the documents required by this By-
law have either not been filed, are incomplete or the Licence Application
is deemed to be incomplete.
8 .2
As part of the Municipality' s review of the Application or Renewal
Application ( collectively the "
the Applications may be
circulated
to those
agencies
deemed
appropriate
or necessary
or
relevant by the Administrator.
8 .3
A person is not eligible to hold a licence ifthe proposed use ofthe land,
building or structure is not permitted by the Zoning By-law that applies
to the Property.
9 .1
The Municipality shall identify the Administrators and/ or their delegates
that are authorized to issue and renew Short- Term Rental Licences in
accordance with this By-law.
9 .2
All Licences issued and renewed shall be signed by the Administrator.
9 .3
The Licensee, upon issuance of a Licence and thereafter shall comply
with all applicable provisions ofthis By-law.
1 O .1
A Licensee of a Short- Term Rental shall ensure that the following shall
be accessible to guests in either hard copy or electronic format:
a.
a copy ofthe current licence;
b.
a copy ofthe :
Municipality'sNoise By-law;
c.
a copy ofthe :
Municipality'sProperty Standards By-law; and
d.
a copy ofthe :
Municipality'sRenter' s Code of Conduct.
1 O .2
The following conditions are attached to each Licence issued under this
By-law:
a.
The Short- Term Rental must be lawfullyconstructed;
b.\
Vhenthe premise is occupied forthe purposes ofa Short-Term Rental,
a legible copy ofthe Licence shall be posted in a conspicuous location
within one (1) metre ofthe interior ofthe Short-Term Rental's primary
residence;
c.
A Licensee shall notifythe Administrator in writingwithin fifteen (15)
calendar days of any change to any information provided to the
Municipality under the provisions ofthis By-law;
d.
The Licensee
shall ensure compliance
with all Applicable Laws
including but not limited to the: Fire Protection and Prevention Act;
Building
Code Act, Electrical Safety Code; Health Protection
and
Promotion Act; Zoning By-law; Open Air Fire By-law; Property
Standards By-law; Noise By-law; Sign By-law;
e.
At any time when the Property is occupied forthe purposes ofa Short-
Term Rental the Licensee shall ensure that no vehicle is stopped or
parked on any part ofthe Short-Term Rental Property save and except
for a parking space as identified on the Parking l\.
1anagement Plan
filed pursuant to the provisions ofthis By-law;
f.
A copy ofthe floor plan contained within the Fire Safety Protocol shall
be posted in a conspicuous location within one ( 1) metre of the
interior ofthe Short-Term Rental' sprimary entrance;
g.
The Licensee shall allow, at any reasonable time and in accordance
with Applicable Law, the Municipality to inspect the Short-Term Rental
Property to ensure compliance with this By-law;
h.
The Licensee shall include the Licence number in any advertisement
or promotion related to the renting out ofthe Property intended to
be used as a Short-Term Rental;
The Licensee shall ensure that the Responsible Person is available to
respond to the Municipality or its designate at all times and within a
period ofno greater than thirty (3 0) minutes fromthe time ofcontact
and such response may be by telephone, e-mail or in person;
J.
The Licensee shall provide to the :
Municipalityan updated certificate
of insurance as required by this By-law prior to the expiry of the
current certificate ofinsurance;
k.\
Vherea Licensee is dissatisfied with any condition imposed by the
Administrator, the Licensee may request a review ofthe condition by
the designated Appeal Officer.
11.1
The Administrator may revoke, refuseto issue or renew a Licence:
a.
Ifall inspections required pursuant to this By-law have either not been
completed and/or have not passed;
b.\
Vherethe conduct ofthe Applicantor Licensee including the conduct
ofany officer, director, employee or Agent ofan Applicantor Licensee
affordsreasonable cause to believe that the Applicantor Licensee will
not carry on or operate the Short-Term Rental in accordance with all
Applicable Laws;
c.
The Applicant or Licensee owes any fine or feeor property taxes to
the Municipality in respect ofthe Short-Term Rental Property;
d.
The Short-Term Rental is subject to an order, or orders made pursuant
to the followingincluding but not limited to: a Municipality By-law; the
Building CodeAct, the FireProtection and Prevention Act, the Medical
OfficerofHealth; and any other Applicable
Law;
e.
The Short-Term Rental Property does not comply with the provisions
ofthe Municipality' sZoning By-law;
f
The Administrator has received an objection to the issuance of the
Licence by the ChiefBuilding Officialand/ or the Fire Chief;
g.
A Licence pursuant to this By-law has been revoked or suspended
within the last two (2) years;
h.
A breach ofa provision ofthis licensing By-law;
Refusal to comply with any notice of violation
issued by the
Municipality within a period ofseventy-two (72) hours;
J.
Accumulation of three ( 3) or more complaints regarding distinct
events in a calendar year followingthe investigation ofthe complaints
by the Municipality;
k.
The Applicant or Licensee has prior convictions under this By-law, or
any other By-law, or any ApplicableLaw within the last five (5) years;
1.
Where there is a Court Order, provincial prosecution under the
Provincial Offences Act or any other provincial order ceasing or
hindering the activity ofthe Short-Term Rental.
11.2
Where a license has been revoked, including when the revocation has
been upheld by the Appeal Officer, no license application shall be
considered by the Municipality fora period oftwelve (12) months from
the date the license was revoked.
12 .1
The Administrator has the power and authority to revoke or suspend a
Licence at any time where:
a.
The Licensee meets the circumstances set out in section 10 .0 above;
b.
There are reasonable grounds to believe that an Application or any
other document or information provided on behalf of the Licensee
contains a falsestatement and/ or falseinformation;
c.
The Licence was issued in error and/or based upon fraudulent or
misleading information;
d.
The Administrator becomes aware of a factor factsthat, ifknown at
the time of the Application, may have resulted in the Administrator
refusing to issue the Licence.
12 .2
A License issued under this By-law shall remain in effectuntil a decision
to revoke or suspend the Licence has been made by the Appeal Officer
where an appeal has been filed.
13 .I "
Where, at any time, there is a change in, or relating to, any of the
information or documents required to be filed with the Municipality
under this By-law, the Applicant or Licensee, as the case may be, shall
report the change in writing to the Administrator no later than ten (IO)
calendar days following the change or upon becoming aware of the
change.
14.1
Every Licence shall be in effect from the date of issuance as shown on
the Licence:
a.
For the whole of the calendar year to which it applies, expiring on
December 3Isi, ofsaid calendar year; or
b."
Where the Application for a Licence is received after January I and
prior to the 2 nd Monday in November of any calendar year, for the
remainder of such calendar year, expiring on December 3Ist of said
calendar year; or
c."
Where the application for a Licence is received on or after the 2 nd
Monday in November but prior to December 3Ist in any calendar year,
for the whole of the following calendar year, expiring on December
31st ofthat calendar year.
14.2
Every Licence shall be renewed no later than its date of expiry. Any
License which is not renewed shall become null and void.
14 .3
Every Licence shall immediately cease to be valid in the event the Short-
Term Rental ceases to operate.
15 .I
1nthe event that a Licence is issued in accordance with this By-law is lost
or destroyed, the Administrator upon written request by the Applicant
or Licensee, and payment of a replacement
fee as set out in the
Municipality' s Fees and Charges By-law, shall issue a duplicate of the
original Licence, upon which shall be stamped or marked " duplicate."
15 .2
The issuance of a duplicate Licence in accordance with section 15 .1
above shall not affectthe expirydate ofthe Licence.
16. I
No person shall alter or deface a Licence in any way.
16 .2
Every Licensee shall ensure that the Licence is not altered or defaced in
any way.
17.1
The issuance of a Licence under the provisions ofthis By-law in no way
and does not permit or condone the violation of any Applicable Law
including but not limited to any by-law, statute, order, or regulation in
effect in the Municipality, the Province of Ontario, or the Federal
Government of Canada and it shall be the sole responsibility of the
Licensee to ensure that such Applicable Laws is complied with at all
times.
18 .1
Where the
Administrator
revokes, suspends, modifies, nnposes
conditions, or refusesto issue or renew a Licence:
a.
The
Administrator
shall
send
written
notification advising
the
Applicantor Licensee ofthe refusal, suspension, or revocation ofthe
Licence;
b.
The written notification of the Administrator
shall be sent by
registered mail or e-mail to the Applicant or Licensee at the address
ofthe Applicant or Licensee provided on the Application, or where a
change ofinformationhas been provided by the Applicant or Licensee
regarding
address, at
the
address
reflecting that
change
in
information;
c.
The written notificationby the Administrator shall:
Set out the grounds forthe refusal, suspension, conditions, or
revocation;
ii.
Sign the written notification;
iii.
Indicate the final date and time by which the Applicant or
Licensee may appeal the decision to the Appeal Officer to
suspend, revoke, modify, imposeconditions, refuse to issue
or
renew the Licence; and,
1v.
Indicate the appeal process and the applicable appeal fee, as
set out in the Municipality' s Fees and Charges By-law, as
amended fromtime to time; and
18 .2
The Applicant or Licensee who wishes to appeal a decision made under
section 18.1 of this By-law shall submit a Notice of Appeal setting out
their concernsin writing to the Appeal Officer:
a.
setting out the grounds or basis forthe appeal;
b.
within a period of fourteen (14) calendar days from the date of the
refusal, revocation or suspension ofthe Licence;
c.
by personal delivery or email and such notice shall be deemed
received on the following business day afterit has been emailed or
sent via personal delivery.
18 .3
The Applicant or Licensee or Responsible Person shall have no right to
appeal the decision of the Administrator to suspend, revoke, modify,
impose conditions, refuse to issue or renew the Licence as a result of
non-compliance with a Zoning By-law, Fire Code and/ or Building Code
violations. Such appeal of the Fire Code and/ or Building Code violations
are subject to the appeal rights as set out in the Buj/ding Code Act
and/ or the HreProtectjon and Promotjon Act.
18 .4
Ifno written request for an appeal is received from the Applicant or
Licensee or Responsible Person prior to the deadline for filing such
appeal:
a.
no extension of the time to request an appeal or hearing will be
granted; and,
b.
the decision of the Administrator shall be final.
18 .5
The fee payable by the Owner or Licensee for the Notice of Appeal shall
be set out in the Municipality' s Fees and Charges By-law, as amended.
19 .1
The following procedure shall be followed and taken into consideration
as the relate to any Appeals relating to the refusing, suspending, or
revoking of any Licence or Renewal Licence under this By-law:
a.
The Appeal Officer
shall receiveand review all Notices of Appeal. The
Appeal Officer may on their own discretion seek legal advice or refer
the matter to a consultant at any time foran investigation, if deemed
necessary.
b.
The Appeal Officer may afford an opportunity to the Person appealing
the
decision
to
present
any :
further material
and/ or
evidence
considered relevant to the issue and as requested by the Appeal
Officer;
c.
The
Appeal Officer in considering
the
Appeal shall
take
into
consideration any evidence relating to negative impacts on the health,
safety and well-being of the community, including but not limited to,
negative
impacts
to
the
neighbouring
properties
and
broader
community;
d.
The conduct of the Applicant or Licensee afford reasonable grounds
to believe that the carrying on of the Short- Term Rental by the
Applicant has violated, or may have violated, the rights of other
members of the public (including but not limited to human rights laws).
e.
The Appeal Officer or consultant as set out in section 18 .3 above shall
make a decision on the Appeal within a period of thirty-five ( 35)
business days fromthe date of the receipt of the Appeal. The Appeal
Officer, or consultant
where
applicable, shall review
all of the
information submitted and make a determination
as to whether to
suspend, revoke, modify, impose conditions, refuse to issue or renew,
or grant the appeal in part;
f
The Person making the Appeal will receive a letter outlining the
outcome ofthe decision on the Appeal;
19 .2
The decision ofthe Appeal Officerissued under the By-law is final.
20 .1
The provisions of this By-law may be enforced by an Officer, or other
authorized or designated employee or agent ofthel\
1unicipality.
20 .2
No Person shall obstruct or hinder or attempt to obstruct or hinder an
Officeror other authorized employee or agent ofthe Municipality in the
exercise ofa power or the performance ofa duty under this By-Law.
20 .3
Subject to the provisions set out below, every Officershall have the right
to enter lands to conduct an inspection to determine whether the
provisions of this By-Lawand any order(s) issued hereunder are being
complied with in accordance with the provisions of Sections 435 and
436 ofthe Munidpaf Act, 2001.
20 .4
Where an Officer has reasonable grounds to believe that an offence
under this By-Lawhas been committed by a Person including but not
limited failure of the Responsible Person to respond to complaints in
accordance with the provisions ofthis By-law, the Officermay require the
name, address, and proofofidentity ofthat Person.
20 .5
Failure to provide proofofidentification satisfactory to an Officer
when
requested to do so pursuant to the provisions of this By-Law shall
constitute obstruction ofan Officerunder this By-Law.
20 .6
No Person exercising a power ofentry on behalfofthe Municipality shall
enter or remain in any room or place actually being used as a Short-Term
Rental unless such power ofentry is in compliance with ApplicableLaw.
20 .7
Where the Municipality has given prior notification of its intention to
enter to the occupier of the land as required by Section 435 of the
MunicipalAct, 2001 and the entry is authorized under sections 79, 80
or 446 ofthe MunkipalAct, 2001.
21.1
When, in the opinion ofthe Administrator, a violation ofthis By-law has
occurred or exists, the Administrator shall issue a Notice ofViolation to
the Licensee.
21.2
The Notice ofViolation shall:
a.
specifythe violations ofthis By-law that exist as well as those sections
ofthe By-law that are in violation; and
b.
indicate a finaldate forcompliance forall items as indicated on such
Notice.
21.3
No person, applicant or licensee shall fail to comply with a Notice of
Violation as issued pursuant to this By-law.
2I .4
Service ofany Notice ofViolation issued pursuant to this section shall be
carried out by:
a.
personal service upon the violator by the Administrator; or
b.
registered mail to the Owner; or
c.
by hand delivering the Notice to Comply to the address of the
Licensee of the Short-Term Rental, as listed in the license application
and documentation; or
d.
by email to the email address provided by the Licensee
21.5
No person shall failto comply with a Notice of Violation issued pursuant
to the provisions offthis By-Law.
21.6
If aPerson fails to do a matter or thing as directed or required by this
By-Law, including failing to comply with an order issued under this By-
Law, the Municipality may do the matter or thing at the Person' s sole
costs and expense. The Municipality may recover the costs of doing a
matter or thing from the Person directed or required to do it by action
or by adding the costs to the Person' s tax roll and collecting them in the
same manner as and like property taxes.
22 .1
Every Person who contravenes any provision ofthis By-law, including any
Schedule hereto, is guilty ofan offence;
22.2
Every Person, director or officer of a corporation
who knowingly
is
involved in or aware of the contravention
by the corporation of any
provision of this By-law, including any Schedule hereto, is guilty of an
offence.
22.3
Every offence under this By-law is designated as a continuing offence.
22 .4
Notwithstanding section 22 .2 above, every Person who contravenes any
provision of this By-law is guilty of an offence as provided for in the
Provincial Offences Act, RS.O. 1990, c. P. 33, and all such offences are
designated as continuing offences.
22 .5
Every Operator, officer or director of a corporation
who knowingly
concurs in the contravention ofany provision ofthis By-law or the failure
to comply with a Notice of Violation under this By-law is guilty of an
offence as provided in the Provincial
OffencesAct, RS.O. 1990, c. P. 33
and all such offences are designated as continuing offences.
22 .6
Upon conviction, every
Person, and every officer or director of a
corporation that contravenes any provision of this By-law is liable, for
each day or part of a day that the offence continues, to a fine not
exceeding $ 25,000 for a firstoffence and $ 50,000 forany subsequent
offence.
22 .7 \
Vhere a corporation is convicted of an offence under this By-law the
maximum penalty is $ 50,000 for a first offence and $ 100,000 for any
subsequent offence.
22.8
As provided in section 431 ofthe MunkipafAct, 2001, ifa Person has
been convicted of an offence under this By-law, the Ontario Court of
Justice or any Court of competent jurisdiction may, in addition to any
penalty imposed on the Person convicted, issue an order:
a.
prohibiting the continuation ofthe offence by the Person convicted;
and
b.
requmng the Person convicted to correct the contravention in the
manner and within the period that the Court considers appropriate.
22.9
In accordance
with the prov1s1ons of the Municipal Act, 2001, the
treasurer of the Municipality may add unpaid fees, charges, and fines
under this By-law to the tax roll and collect them in the same and a like
manner as property taxes.
22.10
22.11
The terms used in this By-law shall have the same definition as set out
in the Municipality' s Comprehensive Zoning By-law unless such term is
specifically defined in this By-law.
Pursuant to section 447 ofthe MunicipalAct, 2001, where an owner is
convicted of knowingly carrying on or engaging in the business of
operating a Short- Term Rental in respect ofany Property or any part of
any Property without a License required by this By-law, or a person is
convicted of any other contravention
of this By-law and a court
determines that the owner or occupant of the Property or part ofthe
Property in respect ofwhich the conviction was made knew or ought to
have known of the conduct which formed the subject- matter of the
conviction or ofany pattern ofsimilar conduct, the court may order that
the Property or part ofthe Property be closed to any use for a period
not exceeding two ( 2) years.
23 .1
Ifany portion ofthis By-law ofthe Municipality is found to be in conflict
with any other provision ofany building, safety or other By-law ofthe
Municipality or regulations, the provision that establishes the higher
standard shall prevail.
23 .2
If acourt ofcompetent jurisdiction declares any provision or any part of
a provision ofthis By-law to be invalid, or to be ofno force and effect, it
is the intention of Council in enacting this By-law that each and every
provision ofthis By-law authorized by law be applied and enforced in
accordance with its terms to the extent possible according to law.
24.1
The Schedules attached hereto forms part ofthis By-law.
25 .1
This by-law comes into effect on January 1 , 2026.
SCHEDULE "A" TO BY-LAW 2025-037: SHORT TERM RENTALS
MUNCIPALITY OF CENTRAL ELGIN
CREATING OR
DEFINING
1.
Operating
a Short- Term
Rental
without
a
current license.
1,000.00
3.1
2.
Advertising a Short- Term Rental without a license. $
1,000.00
3.2
3.
Exceeding the permitted number of occupants $
500.00
3.3
4.
Advertising
a Short-Term Rental without a
license number displayed $
500.00
3.4; 10.2(h)
5.
Hosting an event or similar commercial activity on
the property of a Short-Term Rental without
acquiring any necessary permits, licenses and/or
NOTE: The General Penalty Provision for the offences listed above is Section 22.4 of
By-Law 2025-037, a certified copy of which has been filed.
6441690
Read a FIRST, SECOND and THIRD TIMEand
FINALLYPASSED this
th day ofi}
U/\.l2025.
O
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO
COURT OF JUSTICE
WEST REGION
80 DUNDAS
STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO
N6A 6A8
CABINET
DU JUGE PRINCIPAL
RÉGIONAL
COUR
DE
JUSTICE
DE L' ONTARIO
RÉGION
DE L' OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON ( ONTARIO)
N6A 6A8
TELEPHONE/ TÉLÉPHONE ( 519) 660-2292
FAX/ TÉLÉCOPIEUR (
519) 660- 3138
July 31, 2025
Municipality of Central Elgin
Greetings,
Re: Set Fines - Provincial Offences Act - Part 1 By-law 2025-037, Short
Term Rentals By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to your local
Provincial Offences Court together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations
thereunder and By-law 2025- 037 of the Municipality of
Central Elgin attached hereto are the set fines for those offences. This Order
is to take effect July 31, 2025.
Dated at London this 31st day of July 2025.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice