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1
MUNICIPALITY OF CENTRAL MANITOULIN
SHORT TERM ACCOMMODATION BY-LAW No. 2024-34
(Repeals By-law 2022-09)
A By-Law to Manage Short Term Accommodations for the
Municipality of Central Manitoulin
AND WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 provides that the powers
of the Municipality under this or any other Act shall be interpreted broadly so as to confer broad
authority on municipalities to enable municipalities to govern their affairs as they consider
appropriate and to enhance the municipality's ability to respond to municipal issues;
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the purposes of exercising
authority under the Municipal Act, 2001, S.O. 2001, c.25 and any other Act;
AND WHEREAS Section 11 (3), Paragraph 11 of the Municipal Act authorizes a municipality to
pass a By-law respecting Business Licensing;
AND WHEREAS And Whereas Section 151 of the Municipal Act, provides that a municipality
may provide for a system of Licenses with respect to a business and may:
a) Prohibit the carrying on or engaging in the business without a Licence;
b) Refuse to grant a Licence or to 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) Licence, regulate or govern real and Personal Property used for the business and the
Persons carrying it on or engaged in it.
AND WHEREAS pursuant to Section 434.1 of the Municipal Act, 2001, S.O. 2001, c.25, a
municipality has the authority to impose a system of administrative monetary penalties and fees
as an additional means of encouraging compliance with this by-law;
AND WHEREAS Section 434.2 of the Municipal Act, S.O. 2001, c. 25, as amended provides
that an Administrative Monetary Penalty imposed by the Municipality of a person constitutes a
debt of the person to the Municipality and may be added to the Owner's tax roll and collected
in the same manner as property taxes;
AND WHEREAS Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes Council
to exercise its authority to provide a system of licensing with respect to Short Term
Accommodation businesses;
AND WHEREAS the Council of the Municipality of Central Manitoulin has deemed it necessary
and expedient to regulate and licence the Short-Term Rentals of Property in the Municipality of
Central Manitoulin;
NOW THEREFORE, THE COUNCIL OF THE MUNICIPALITY OF CENTRAL MANITOULIN ENACTS
AS FOLLOWS:
1.0
APPLICATION
1.1.
The provisions of this By-law shall apply to all properties in the Municipality of Central
Manitoulin.
2.0
DEFINITIONS
2.1.
For the purpose of this By-law, the following definitions shall apply:
"AGENT" shall mean a Person authorized in writing by an Owner to act on the Owner's
or group of Owner's behalf;
"APPLICANT" shall mean a Person who files an application for a Licence;
THE MUNICIPALITY OF CENTRAL MANITOULIN
BY-LAW NO. 2024-34
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"BUILDING" shall mean a structure occupying an area greater than 10 square metres
consisting of a wall, roof and floor or any of them, or a structural system serving the
function thereof, including all plumbing, works, fixtures and services system appurtenant
thereto;
"CLERK" shall mean the CAO/Clerk for the Municipality, or any Person designated by the
Clerk;
"COUNCIL" shall mean Council for the Municipality of Central Manitoulin;
"DIRECTOR" shall mean the person who oversees the STA process and manages the
implementation and organization of the various departments which would be impacted
through STA implementation.
"DWELLING" shall mean a building occupied or capable of being occupied exclusively
as a home, residence or sleeping place by one or more persons, and one or more families,
but shall not include any mobile home, construction trailer, travel trailer, hotels, motels,
a home for the aged, nursing home, hospital, or living quarters for a caretaker, watchman
or other person or persons using living quarters which are accessory to a Non-Residential
building.
i.
"COTTAGE DWELLING" means a detached building, which may be occupied on
a seasonal basis, used for and containing only one dwelling unit, which is designed
and/or constructed for year-round human habitation.
ii. "DWELLING UNIT" means a suite of two (2) or more habitable rooms, occupied
by one or more persons, in which sanitary conveniences are provided and in which
facilities are provided for cooking or for the installation of cooking equipment, and
with an independent entrance, either directly from outside the building or from a
common corridor inside the building.
iii.
"ACCESSORY DWELLING UNIT" means a dwelling unit that is part of a
permitted Non- Residential Use.
iv. "BACHELOR DWELLING UNIT" means a dwelling unit consisting of one
bathroom and not more than two (2) habitable rooms designed to provide living,
dining and kitchen accommodation in appropriate individual rooms or combination
of rooms.
"LICENCE" shall mean a Licence issued by the Municipality pursuant to this By-law;
"LICENCE ISSUER" shall mean a Municipality employee delegated authority as the
person responsible for issuing a Licence, and who oversees the STA process;
"LICENCE NUMBER" shall mean a number assigned to a Licence by the Municipality;
"LICENSEE" shall mean a Person issued a current valid Licence pursuant to this By-law;
"MUNICIPALITY" shall mean the Municipality of Central Manitoulin or the land within
the geographic limits of the Municipality of Central Manitoulin as the context requires;
"NUISSANCE" shall mean an activity or behavior that when repetitive as determined by
the discretion of the Officer, causes an inconvenience or damage to others, either to
individuals and/or to the general public;
"OFFICER" shall mean a police officer, Municipal Law Enforcement Officer, the Fire Chief,
Chief Building Official or other Person delegated to enforce the provisions of this By-law;
"OWNER" shall mean the registered owner of the lands or Premise or his or her
authorized agent that is in lawful control of the lands or Premise residing in or business
located within the municipality;
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"PERSON" shall include an individual, sole proprietorship, partnership, limited
partnership, trust, corporation, and an individual in his or her capacity as a trustee,
executor, administrator, or other legal representative;
"PREMISES" shall mean land, Property or any part thereof including any and all
Buildings or other structures thereon;
"REGISTERED COMPLAINT" shall mean a complaint regarding the operation of a short-
term accommodation determined to be valid by an Officer.
"RENTER" shall mean the Person responsible for the rental of the Premises by way of
concession, permit, Licence, rental agreement or similar commercial arrangement;
"SERVICE ANIMAL" shall mean the animal is easily identifiable as relating to your
disability (for example, it is a guide dog or other animal wearing a vest or harness) and
the owner can provide documentation from a regulated health professional confirming
the animal is required due to a disability.
"SHORT TERM ACCOMMODATION" or "STA" shall mean private residential dwelling
(or part of dwelling) that are rented to provide accommodations to a person or persons
on a temporary basis for a period of less than 30 days and to which the Residential
Tenancies Act, 2006, S.O. 2006, c. 17, as may be amended from time to time, does not
apply. Short-Term Accommodations do not include bed and breakfast establishments,
hotels, motels, lodges or other commercially zoned accommodation uses for the
travelling public.
"UNIT" shall mean one dwelling per property. No person shall operate more than one
unit per property.
"ZONING BY-LAW" shall mean any By-law administered by the Municipality passed
pursuant to Section 34 of the Planning Act or a successor thereof, as may be amended
from time to time.
3.0
APPLICATION AND GENERAL
3.1.
This By-law may be referred to as the "Short Term Accommodation By-law" or "STA By-
law"
3.2.
No Person shall own, operate or carry on a business or activity as a Short-Term
Accommodation other than in accordance with the terms and conditions of a Licence under
the terms and conditions of this By-law.
3.3.
No Person shall own, operate or carry on a business or activity as a Short Term
Accommodation outside the Permitted Area.
3.4.
No Person shall advertise, promote, broker, or offer for rent or lease any Short-Term
Accommodation without a current valid Licence and no Owner shall permit any of the
foregoing without a current valid Licence.
3.5. No Person shall alter or modify or permit the alteration or modification of a Licence.
3.6. No Person shall use, or attempt to use, a Licence issued to another Person or Property.
3.7. No Person shall own, operate or carry on any business or activity in any other name other
than in the name that appears on the Licence.
3.8. Every Person who knowingly makes a false statement in an application, declaration,
affidavit or paper writing required by this By-law or the Municipality of Central Manitoulin
is guilty of an offence.
3.9. No Person who is issued a Licence pursuant to this By-law shall contravene any provision
set out in this By-law, any other Municipal By-law, Federal or Provincial Act, Statute, or
any other legislation applicable to a licensed Premise or Activity.
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3.10. No Person shall remove an order or placard posted on a Premise under this By-law, except
an Officer.
3.11. No Person shall own, operate or carry on a Short Term Accommodation business or activity
while a Licence is under an administrative suspension.
3.12. No Person Shall operate a Short Term Accommodation in contravention to a Provincial
Restriction or Order.
3.13. No Person will inhabit or rent an Accessory Building as a Short-Term Rental
Accommodation.
3.14. No Person shall advertise a Short Term Accommodation without a registration number as
per Schedule C.
3.15. No Person shall refuse a person on the basis that they are accompanied by a service
animal.
3.16. Every person shall notify the Municipality of any change in licensing or registration
information as per Schedule B.
3.17. Every person who owns or operates a Short Term Accommodation shall comply with
requirements to provide emergency contact information and a layout of fire exits from the
building, as per Schedule B complying with regulations and shall provide guests with
emergency contact and 9-1-1 information as well as diagrams of exits from the building.
3.18. No person shall operate more than one short term accommodation unit per property.
3.19. No person shall operate a Short Term Accommodation rental without first registering the
property and obtaining a licence.
3.20.
Every person who owns or operates a Short Term Accommodation shall provide one
parking place per bedroom, with a minimum of two parking places per short term
accommodation.
4.0
APPLICATION FOR A LICENCE
4.1.
A Person making an application for a Licence shall submit:
a.
A complete application in the form provided by the Municipality;
b.
When applicable, the Business Name Registration and/or Articles of Incorporation
obtained from the applicable Provincial or Federal Ministry;
c.
All required documents, and obtain all required approvals and inspections as outlined
in Schedule "A" to this By-law have been obtained from the appropriate authority
having jurisdiction to the satisfaction of the Municipality;
d.
Any other documents as may be required to the satisfaction of the Municipality;
e.
The required Licence application fee and any inspection fees.
4.2.
Acceptance of receiving a Licence application does not constitute approval of the
application or oblige the Municipality to issue a Licence.
4.3.
A Licence fee shall be paid by the Applicant when the application is submitted for review.
Fees are as per the current year Fees By-law.
4.4.
An inspection with the Fire Chief will be arranged by the Licence Issuer once the
application registration fee is accepted.
4.5.
The applicant has fifteen (15) days from date of submission to finalize the application
process to the satisfaction of the Licence Issuer. The following will be the guide for
forfeiture of fees:
Level of Completion
Rate of Refund
Admin
80%
Inspection
50%
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5.0
LICENCES
5.1. The Licence Issuer is hereby delegated authority to issue a Licence in accordance with the
provisions of this By-law and the Schedules to this By-law.
5.2. The Licence Issuer is hereby delegated authority to impose additional terms and conditions
on a Licence that in the opinion of the Licence Issuer are reasonable and taking into
consideration:
a.
The health, safety and well-being of Persons;
b.
The impact on a neighbouring Property or neighbouring Property owner;
c.
The past conduct of an applicant or Licensee;
d.
The impact to the Municipality;
e.
The need within the Municipality;
f.
supported by Policy and or By-law, and Council.
5.3.
A Licence issued by the Municipality is not transferable.
5.4.
Every licence issued pursuant to this By-law shall expire on the 31st day of December.
5.5.
A Licence subject to renewal will maintain the same Licence number and be subject to the
same requirements as the original issued Licence other than fees and administration costs
regarding renewals in Section 14.0 of this By-law.
5.6.
Every Licence shall remain at all times, the Property of the Municipality.
5.7.
No Person shall enjoy a vested right in any Licence or the continuance of any Licence.
5.8.
A Licence shall be issued by the Licence Issuer:
a. Upon the requirements of this By-law being met;
b. Upon submission of the documents to the Municipality's satisfaction as required by
this By-law and as outlined on the applicable Schedule(s) to this By-law;
c. Upon obtaining the required approvals and inspections to the Municipality's
satisfaction as required by this By-law including the Schedules to this By-law;
d. Upon payment of fees and administration costs relating to Section 14.0 of this By-
law.
5.9.
The Licence Issuer shall not issue a Licence if the owner(s) or applicant(s) have any
outstanding complaints, fines, penalties, legal costs, disbursements, Property taxes and
late payment charges owing to the Municipality for the Property subject to the Licence
application.
5.10. A Licence shall only be issued by the Licence Issuer to the registered owner of the
Property.
5.11. A Licence will only be issued to a Short Term Accommodation in the Municipality of Central
Manitoulin once the application is fully approved.
5.12. A Licence issued shall include the following information:
a.
The municipal address;
b.
Licence number;
c.
Effective date and expiry date of the Licence;
d.
Licensee name and contact information;
e.
Owner name and contact information;
f.
An
Operation
Manual
which
outlines
the
conditions
of
Short-Term
Accommodation including expectations for Owner and Renters prepared and
maintained in accordance with guidelines issued by the municipality.
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6.0
LICENCE TERMS AND CONDITIONS
6.1. A Licence is subject to the terms and conditions of this By-law including all requirements
set out in Schedule "B", "C" and "D" to this By-law. These requirements must be met by
the owner, operator, manager and occupants as applicable.
6.2. A licensee shall notify the Municipality within fifteen (15) days of any changes to the:
a.
business name;
b.
location of the business Premise;
c.
ownership of the business;
d.
a change in the Licensee's policy of liability insurance.
and such changes shall be subject to submission of the necessary documentation to the
Municipality.
6.3.
A Licensee shall be responsible for the act(s) and omission(s) of its employees,
representatives and agents in the carrying on of the business in the same manner and to
the same extent as though the Licensee did the act(s) or omission(s).
6.4.
Any record required by this By-law shall be produced by the Licensee upon request of an
Officer.
6.5.
Only properties that have a single home dwelling are permitted to apply for a licence.
Apartment building and attached complex style units are not permitted to licence for a
Short Term Accommodation.
6.6.
A person is not eligible to hold a license if the property is to be used for carrying on the
trade, business or occupation for short term accommodation and does not conform with
applicable Federal and Provincial law and Regulations or municipal bylaws, including but
not limited to the zoning by-law, Property Standards By-law, the Building Code Act, the
Building Code, the Fire Protection and Prevention Act, the Fire Code, the Ontario Electrical
Safety Code, or an order of the Medical Officer of Health.
6.7.
The owner of a Short Term Accommodation premise shall ensure that there is a
responsible person available to attend to the short term accommodation premises at all
times within a period of no greater than one hour from the time of contact by way of
telephone or email. This person is to be available 24 hours a day, 7 days a week while the
property is being rented.
6.8.
No license shall be issued for any property which would allow for more than 2 guests per
room or suite or for more than 8 persons per property.
6.9.
All advertising for Short Term Accommodation rentals shall include the Municipality of
Central Manitoulin's short term accommodation licence number.
6.10. Compliance Monitoring and enforcement by third party may include:
- Active monitoring of STAs in Central Manitoulin across multiple STA websites (i.e.
Airbnb, VRBO, HomesAway, etc.);
- Monthly report on aggregate STA activity, including high resolution screen shots of all
active listings & full addresses and contact listings for all identifiable STAs; - Monthly
analysis of STA trends in Central Manitoulin;
- Ongoing monitoring of STAs for zoning & permit compliance;
- Pro-active and systematic outreach to unpermitted and/or illegal short-term rental
operators;
- Monthly report on zoning & compliance, including listing of STAs operating illegally or
without the proper permits;
- 24/7 staff telephone and email hotline for neighbours to report non-emergency
problems related to STA properties;
- Weekly reports containing the number & types of reported incidents; lists of properties
for which incidents have been reported; full documentation of all reported incidents;
(digital recordings &) written transcripts of all calls; analysis of hotline related activities.
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7.0
LICENSES ADMINISTRATIVE SUSPENSIONS
7.1. Where the Licensee's policy of liability insurance expires, is cancelled, or is otherwise
terminated, then the applicable Licence shall be automatically suspended effective on the
date of such expiration, cancellation, or termination and shall remain so until such
insurance has been reinstated.
7.2. An administrative suspension of a Licence without a hearing shall be imposed for: fourteen
(14) days if the Licence Issuer is satisfied that the continuation of the business poses an
immediate danger to health and safety of any Person or to any Premises or in accordance
with Section 7.
7.3.
Before any suspension is imposed, the Municipality shall provide the Licensee with the
reasons for the suspension, in writing, and an opportunity to respond to them.
7.4. Notwithstanding the above the Licence Issuer may issue an immediate suspension of a
Licence for a term determined by the Licence Issuer and without notice when a municipal
or provincial emergency is declared or where the Licence Issuer determines that there is
an immediate risk to the public. The Licence Issuer may then subsequently provide a
general or specific notice as the Licence Issuer may determine the reason for suspension.
7.5. An administrative or immediate suspension imposed under Section 7 may be imposed
on such conditions as the Licence Issuer considers appropriate.
8.0
LICENCES GROUNDS FOR REFUSAL, REVOCATION OR SUSPENSION
8.1. An applicant or Licensee may be granted a Licence upon meeting the requirements of this
By-law except where:
a.
The past or present conduct of any Person, including the officers, directors,
employees or agents of a corporation affords reasonable cause to believe that the
Person will not carry on or engage in the business in respect of which the application
is made in accordance with the law or with honesty or integrity; or
b.
The Applicant or Licensee has past breaches or contraventions of any law or any
provision of this By-law or any other municipal By-law or Provincial or Federal
Statute associated with the carrying on of such business; or
c.
The Applicant or Licensee has failed to pay an Administrative Monetary Penalty
imposed by the Municipality or a fine or fines imposed by a Court for convictions for
breach of this or any other Municipal By-law or Provincial offence related to the
licensed premise; or
d.
The Applicant or Licensee has failed to comply with any term, condition or direction
of the Licence Issuer or Officer or has failed to permit any investigation by the
Licence Issuer or Officer; or
e.
The applicant or Licensee has failed to comply with the requirements set out in this
By-law or any of the applicable Schedules to this By-law; or
f.
The issuing of a Licence would be contrary to the public interest with respect to
health and safety, consumer protection, or nuisance control; or
g.
The Applicant or Licensee has submitted an application or other documents to the
Municipality containing false statements, incorrect, incomplete, or misleading
information; or
h.
The Applicant or Licensee is carrying on or engaging in activities that are, or will be,
if the Applicant or Licensee is licensed, in contravention of this By-law, or any other
applicable law; or
i.
The Applicant or Licensee has not paid the required Licence fees; or
j.
The Applicant or Licensee has accumulated three (3) registered complaints within a
year period;
k.
The Applicant or Licensee or Owner has outstanding fines, penalties, orders, legal
costs, disbursements, property taxes and late payment charges owing to the
Municipality for the subject Property.
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8.2.
The Licence Issuer may revoke, suspend or refuse to issue a Licence, where the Applicant
or Licensee would not be entitled to a Licence on any grounds set out in this By-law.
8.3.
Where the application for a Licence has been revoked, suspended, or cancelled, the fees
paid by the Applicant or Licensee, in respect to the Licence, shall not be refunded.
8.4.
Where a Licence has been revoked, suspended or cancelled, the Licensee shall return the
Licence to the Licence Issuer within two (2) days of service of the notice of the decision
unless otherwise directed by the Licence Issuer in the instance of immediate suspensions.
8.5.
When a revoked, suspended or cancelled Licence has not been returned, an Officer may
enter upon the Premise excluding entry into a Dwelling Unit for the purpose of receiving,
taking or removing the said Licence.
8.6.
Every Applicant or Licensee shall keep transactions records for a three (3) year period and
provide the transaction records within 30 days, if required to the Municipality.
9.0
COMPLAINT PROCESS
9.1. All Licenses issued by the Licence Issuer must be posted in a Public Registry which shall
be maintained on-line by the Municipality.
9.2.
All Licenses posted in the Public Registry shall include the following information;
a. Maximum occupancy of the unit;
b. Name and contact information of the Owner and;
c. Officer contact information for the purpose of reporting any complaints.
9.3.
The owner shall display the Renter Code of Conduct Schedule D, inside the Dwelling or
Dwelling Unit which should be used as a reference guide for Renters.
9.4.
The owner or their agent or their local manager shall be available via phone and for onsite
assistance at all times during the rental period in the case of a reported complaint.
9.5.
The Owners updated contact information must be clearly posted in and outside the
Licensed unit at all times.
9.6.
Once the complaint is made to the Municipality or agent, it will be investigated by an
Officer for a determination of the validity of the complaint.
9.7.
The Officer or agent will be responsible for collecting information regarding the nature of
the issue from the complainant.
9.8.
If required, the Officer will inspect the property and rental unit to investigate the complaint
and/or direct resolution of the issue.
9.9.
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer performing
a duty under this By-law.
9.10. For the purposes of an inspection under this By-law, an Officer may:
a)
require the production for inspection of documents or things relevant to the
inspection;
b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c)
require information from any Person concerning a matter related to the
inspection; and
d) make examinations or take tests, samples or photographs necessary for the
purposes of the inspection alone or in conjunction with a Person possessing
special or expert knowledge
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9.11. All documents and records shall be kept in a good and business-like manner for review
by the Officer at their request.
9.12. A receipt shall be provided for any document or thing removed under this By-law and
the document or thing shall be promptly returned after the copies or extracts are made.
9.13. Every Person who is alleged to have contravened any of the provisions of this By-law,
shall identify themselves to an Officer upon request, failure to do so shall be deemed to
have hindered or obstructed an Officer in the execution of his or her duties.
9.14. Each complaint shall be documented individually, and such documentation shall contain
all particulars of the complaint as well as any actions taken by the Owner to resolve the
complaint.
9.15. The identity of the complainant shall be considered to be confidential information up until
which time it is required in a court of law.
9.16. Once a complaint is deemed valid it will be considered to be a registered complaint at
the discretion of the investigating officer.
9.17. Once a property receives three (3) registered complaints within a single year, or where
a registered complaint is not resolved in a manner satisfactory to the Municipality, the
Licence shall be immediately revoked.
9.18. A revoked Licence shall not be renewed. A new licence shall not be granted to the same
location for a period of 365 days following the revocation of a licence.
9.19. Anyone making false complaints for malicious intent will lose viability for future
complaints and may be charged under the applicable Act.
10.0 PENALTY AND ENFORCEMENT
10.1. Before a Licence is revoked, suspended or cancelled, written notice shall be given to the
Licensee.
10.2. Notice shall be served to the Licensee's last known address or email address filed with
the Municipality and shall:
a) contain sufficient information to specify the nature of, or reason for revocation;
b) inform the Licensee of entitlement to a hearing before the Licensing Appeal
Committee, if a request in writing for a hearing is returned to the Director within
fifteen (15) days after the date of service of the notice.
10.3. On receipt of a written request for a hearing from an Applicant or Licensee, the Director
shall:
a) schedule a hearing; and
b) give the Licensee notice of the hearing at least twenty (20) days prior to the
hearing date; and
c) post notice of the hearing on the Municipality's website at least twenty (20) days
prior to the hearing date.
10.4.
Service of any notice on the Licensee under this By-law shall be made by Personal
delivery, ordinary mail or email transmission. The notice shall be deemed to have been
served on the seventh (7th) calendar day after the day of mailing or on the date of
Personal service or on the date the email is sent.
10.5.
Any person(s) who contravenes any provision of this By-law is guilty of an offence and
upon conviction is liable to a fine or penalty for each offence, exclusive costs and upon
conviction is liable to a fine as set out in the Provincial Offences Act, R.S.O. 1990,
Chapter P. 33
10.6.
No person(s) shall willfully obstruct, hinder or otherwise interfere with an Officer in the
performance of the Officer's duties, rights, functions, powers, or authority under this
By- law.
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10.7.
Where an Officer has reasonable grounds to believe that an offence under this By-law
has been committed by a person(s), the Officer may require the name, address, and
proof of identity of that person(s) and the person(s) shall supply the required
information.
10.8.
In addition to prosecution under this By-Law, the Operating Authority may prosecute
violators of this By-Law for trespassing or exercise any other statutory or common
rights.
10.9.
If licensees do not comply with the regulations, they are guilty of an offence. If
convicted, they may be liable to pay a fine of up to $100,000 and may also be liable to
pay a special fine that a court deems is greater than any revenue that they may be
gaining from the business; as well as a fine of up to $10,000 for each day the offence
continues.
10.10. No person shall contravene a Municipal By-law while occupying a Short-Term Rental
Accommodation.
11.0 ORDERS
11.1. Where an Officer has reasonable grounds to believe that a contravention of this By-law
has occurred, the Officer may make an Order requiring the Person who contravened this
By-law, or who has caused or permitted the contravention has occurred, to discontinue
the contravening activity.
11.2. An Order under section 11.1 shell set out:
a) Reasonable particulars of the contravention adequate to identify the contravention;
b) The location of the Premise on which the contravention occurred; and
c) The date by which there must be compliance with the Order.
11.3. An Order to discontinue a contravening activity made under this section may be served
Personally, registered mail to the last known address or by email transmission to:
a) The Person the Officer believes contravened this By-law; and
b) Such other Persons affected by the Order as the Officer making the Order
determines.
11.4. The Order shall be deemed to have been served on the seventh (7th) day after the date
of mailing or on the date of Personal delivery or email transmission.
11.5. An Officer who is unable to effect service of an Order pursuant to this By-law shall place
a placard containing the Order in a conspicuous place on the Premise and the placing of
the placard shall be deemed to be sufficient service. The placing of the placard contained
the Order shall be deemed to be served on the date of placing the placard.
11.6 Any Person who contravenes an Order under this By-law is guilty of an offence or subject
to an Administrative Monetary Penalty.
12.0 ESTABLISHMENT OF LICENSING APPEAL COMMITTEE
12.1. Council is hereby established as the Licensing Appeal Committee and shall hear and
render decisions regarding the refusal, revocation or suspension of a Licence, and the
imposing of terms and conditions on a Licence at the written request of the denied
applicant.
12.2. The decision of the Licensing Appeal Committee shall be final and binding.
13.0 HEARING PROCESS
13.1. The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as
amended, shall apply to all hearings conducted under this By-law.
13.2. A hearing shall be held in public, unless determined otherwise in accordance with the
Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, and the
THE MUNICIPALITY OF CENTRAL MANITOULIN
BY-LAW NO. 2024-34
11
Licensing Appeal Committee shall hear the Applicant or Licensee and every other Person
who desires to be heard, and the Licensing Appeal Committee may adjourn the hearing
or reserve its decision.
13.3. No decision of the Licensing Appeal Committee is valid unless it is concurred in by the
majority of the members of the Licensing Appeal Committee that heard the matter, and
the decision of the Licensing Appeal Committee, shall be in writing and shall set out the
reasons for the decision, and shall be signed by the members who concur in the decision.
13.4. Any authority or permission granted by the Licensing Appeal Committee in accordance
with the powers and requirements of this By-law, may be for such time and subject to
such terms and conditions as the Licensing Appeal Committee considers advisable and
as are set out in the decision.
13.5. When a Person who has been given written notice of a hearing does not attend at the
appointed time and place, the Licensing Appeal Committee may proceed with the hearing
in their absence, and the Person shall not be entitled to any further notice of the
proceedings.
13.6. The Director shall no later than ten (10) days from the making of the decision send one
(1) copy of the decision to:
a) the Applicant or Licensee;
b) each person who appeared in person or by Council or by Agent at the hearing
and who filed with the Director a written request for notice of the decision.
14.0
FEES AND ADMINISTRATIVE COSTS
14.1. Initial registration fee as set out in the current year's Fees By-law, for a Short-Term
Accommodation Dwelling Unit shall be paid by the Applicant at the time of purchasing a
Licence.
14.2. An annual renewal fee as set out in Schedule "B" for all Short-Term Accommodation
Dwelling Units or Unit is required every year following where the STA maintains a licence
in good standing.
14.3. Where a complaint has been determined to be valid the Licensee shall pay to the
Municipality a complaint investigation fee if deemed necessary. Failure to pay the fee
shall be a contravention of the terms of the Licence and shall result in a revocation of
the Licence.
14.4.
Licensed properties may be subject to a Municipal Accommodation Tax (MAT) pursuant
to a MAT By-law being implemented. Such By-law may be deemed necessary by Council
at the time of passing for the purpose of accommodating increased tourism activity in
the Municipality.
14.5. Fees are distinct from penalties and fines which may be incurred where enforcement is
required.
14.6.
Where a renewal for the licence is late, a late fee will be required to be paid to avoid
cancellation of the licence, at the discretion of the Licence Issuer.
15.0
MUNICIPAL AND PRIVATE SERVICES
15.1. Garbage must be stored in an enclosed area at all times other than during garbage
collection at which time garbage must be contained in appropriate containers for
collection and must adhere to applicable Municipal waste management By-laws, as
amended.
15.2. All water systems within the Dwelling should comply with public water requirements as
set out in provincial regulations.
15.3. Owners must maintain a record of system pump-outs and maintenance and make that
record(s) available for inspection by an Officer.
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BY-LAW NO. 2024-34
12
15.4. Owners must, at time of application for a renewal of a Licence demonstrate that that
septic tank has been pumped out and inspected in the last three years.
15.5. Owners must provide information related to occupancy and potential sewage load and
details of their sewage system to confirm capacity at time of application for a Licence.
16.0 SEVERABILITY
16.1
If any section, clause or provision of this By-law, including anything contained in the
Schedules attached hereto, is for any reason declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole
or any part, thereof, other than the section, clause of provision so declared to be invalid,
and it is hereby declared to be the intention that all the remaining sections, clauses or
provisions of this By-law shall remain in full force and in effect until repealed,
notwithstanding that one or more provisions thereof shall have been declared to be
invalid.
17.0 SINGULAR, PLURAL and GENDER USE
17.1.
In this By-law, unless the context otherwise requires words importing the singular shall
include the plural and use of the masculine shall include the feminine, where applicable.
18.0 SCHEDULES
18.1. Schedule's "A" "Licence Application Requirements", "B" "Terms and Requirements of
Licence", Schedule "C" "Roles and Responsibilities", and Schedule "D" "Renter Code of
Conduct" attached to this By-law form part of this By-law. THAT this By-law shall come
into force and take effect upon the final passing thereof.
19.0 ADMINISTRATION
19.1 This By-law repeals Municipality of Central Manitoulin By-law 2022-09.
19.2 This By-law shall be referred to as the Short Term Accommodation By-law.
19.3 This By-law will come into effect with the final passing thereof.
Read a first time this 24th day of April, 2025.
Read a second, third time and finally passed, signed, and sealed this 28th day of August,
2025.
________________________
________________________
Mayor - Richard Stephens
CAO/Clerk - Denise Deforge
I, _________________________, Clerk of the Municipality of Central Manitoulin, do hereby
certify that that this is a true copy of By-law 2024-34 as passed in open Council on the
______day of ______________________,2025.
_____________________________
Clerk
THE MUNICIPALITY OF CENTRAL MANITOULIN
BY-LAW NO. 2024-34
13
SCHEDULE A
LICENCE APPLICATION REQUIREMENTS
PROPERTY INFORMATION (PROPERTY TO BE LICENSED) Date________________________
Address:________________________________________________________________________
OWNER (IF DIFFERENT FROM APPLICANT)
Owner's Name:___________________________________________________________________
Corporation or Partnership (if applicable):______________________________________________
Applicant's Address:_______________________________________________________________
Telephone Number: _______________________________________________________________
Mobile Number: __________________________________________________________________
Email Address:___________________________________________________________________
RENTAL AGENT/AGENCY
Agent/Agency's Name:_____________________________________________________________
Corporation or Partnership (if applicable):______________________________________________
Agency Address:__________________________________________________________________
Telephone Number: _______________________________________________________________
Mobile Number: __________________________________________________________________
Email Address:___________________________________________________________________
LOCAL MANAGER (IF DIFFERENT THAN OWNER)
Responsible Person's Name:_________________________________________________________
Corporation or Partnership (if applicable)________________________________________________________________________
Agency Address:__________________________________________________________________
Telephone Number: _______________________________________________________________
Mobile Number: __________________________________________________________________
Email Address:___________________________________________________________________
PREMISES DETAILS
Current Use of Premises:__________________________________________________________
Proposed Number of Bedrooms:_____________________________________________________
Total STA Permises Occupant maximum:______________________________________________
ATTACHMENTS (THE FOLLOWING MUST ACCOMPANY THE APPLICATION)
i.
Copy of the Transfer/Deed proving evidence of ownership.
ii.
Copy of the Liability Insurance of not less than $2 million per occurrence for property Damage
and bodily injury (must include Rental status).
iii.
Site Plan of the premises (including parking and garbage disposal area).
iv.
Floor Plans.
v.
Local Manager Consent (if applicable).
vi.
Evidence of septic pumped out and inspected in the last three years.
vii.
Picture of the house proposed to serve as the rental.
viii. Water sample test results from the Sudbury Health Department
ix.
Government-issued identification (ID) which includes photo and address
DECLARATION OF APPLICANT
I
certify that:
The information contained in this application, attached schedules, attached plans and specifications, and
other attached documentation is true to the best of my knowledge. If the owner is a corporation or
partnership, I have the authority to bind the corporation or partnership.
Date __________________________________________________________________________
Signature of Applicant_____________________________________________________________
THE MUNICIPALITY OF CENTRAL MANITOULIN
BY-LAW NO. 2024-34
14
PAYMENT DETAILS
Registration and MAT tax payments are to be received prior to January 1st each year. The term
for registration will be January 1st to Dec 31st.
Personal information contained in this form and schedules is collected under the authority of the Municipal Freedom of Information and
Privacy Act and will be used in the administration and enforcement of the Short-Term Accommodation Licensing By-law.
THE MUNICIPALITY OF CENTRAL MANITOULIN
BY-LAW NO. 2024-34
15
SCHEDULE B
TERMS AND REQUIREMENTS OF LICENCE
SHORT TERM ACCOMMODATION OBJECTIVES:
The STA Licensing by-law objectives include, but are not limited to:
-
ensuring occupants are provided with safe accommodations in terms of fire and building
safety;
-
ensuring STA premises are operated and maintained in sanitary and acceptable levels of
interior conditions;
-
ensuring STA Operators are made aware of their responsibilities to comply with Municipal
by-laws and other regulations; and,
-
protecting the character, amenities and quality of existing neighbourhoods in which the STA
is located.
WHO CAN REGISTER:
To apply for and operate a short-term rental licence, the licensee must:
-
be 18 years or older; and,
-
be the Owner of the dwelling in which the licensed STA is to be operated.
Note:
Once the owner of the building receives the licence, the STA can be managed by a Local
Manager.
REQUIRED TO REGISTER
When registering, licensee needs to provide the Municipality with information, including;
-
government-issued identification (ID) which includes photo and address
-
contact information and address
-
details of short-term rental, including description of the type of building your rental is
located in and which parts of the home will be short-term rented
-
Applicant must provide information related to occupancy and potential sewage load and
details of their sewage system to confirm capacity.
-
a record of systems pump-outs and maintenance and demonstrate that that septic tank
has been pumped out and inspected in the last three years of when application is made
for a licence .
-
The number of occupants refers to the number of occupants of the rental unit.
-
name and telephone number of a Local Manager who will be available 24 hours a day
during rental periods.
Note:
Before submitting information to the Municipality, the applicant must obtain consent from
the Local Manager if applicable and keep a record of this consent.
THE MUNICIPALITY OF CENTRAL
MANITOULIN
BY-LAW NO. 2024-34
FEES
Initial Registration STA licence fee -
HOSTED property
$700.00 -2025 Fees
Initial Registration STA licence fee -
UNHOSTED property
$850.00 - 2025 Fees
Renewal STA licence fee HOSTED
$250.00 - 2025 Fees
Renewal STA licence fee UNHOSTED
$550.00 - 2025 Fees
*For future fee reference, see the Fees By-law for current updated fees.
ADDITIONAL:
TYPE
FEE ($) PER UNIT
Penalty for operating without an STA licence
$1000.00 per week
Council Appeal Fee
$500.00
Investigation Fee
Up to $600.00
Late Renewal Fee
$100.00
Note
The licensee is not eligible to register a short-term rental if your registration was
denied or revoked in the last 12 months.
Completed STA Applications can be submitted by email to Municipality of Central
Manitoulin at: [email protected]
For information on Planning and Zoning please see Municipal website at
www.centralmanitoulin.ca
WHAT HAPPENS AFTER REGISTRATION?
After providing information and payment, the Municipality will validate the
information and review the application.
If the application is approved, a registration number will be generated and emailed
to license, along with an STA Manual PDF which should be posted in the STA at all
times.
The Municipality can deny application based on the eligibility criteria and will
inform applicant of its intention to deny the registration. No one is eligible to
register or renew a short-term rental if the registration was denied or revoked
in the last 12 months.
COMPLYING WITH REGULATIONS
Once registered as a short-term rental operator, they must:
-
Provide guests with information about Local Manager and instructions on how
to contact 911 emergency service.
-
Provide guests with an emergency exit plan.
-
Keep the following records related to short-term rental and provide to the
Municipality upon request:
i.
the number of nights short-term rental was rented;
ii.
the nightly and total price charged for each rental;
iii.
the rental type e.g., the entire home rental or just room rental.
-
The Licensee shall be responsible for ensuring that the use of the Short-term
Accommodation Unit shall not include:
i.
parties;
ii.
the lighting or discharging of fireworks;
iii.
exceeding occupancy limits in the unit or on the property; and
iv. use of outdoor speakers.
-
Rental Liability Insurance of not less than $2 million per occurrence for
property damage and bodily injury.
-
Parking be adequately provided on a per bedroom basis.
-
Garbage must be stored in an enclosed area at all times other than during
garbage collection at which time garbage must be contained in appropriate
containers for collection.
-
Must display STA manual inside STA Dwelling or Dwelling Unit
-
Must post ownership information inside and outside unit at all times.
-
Post how many occupants allowed within the STA premises.
-
Post the STA licence on the outside of the building or in a window visible to
anyone approaching the house.
UPDATING YOUR REGISTRATION
The Municipality must be informed of any changes of information provided during
registration. This includes changes in phone number, address, change of owner,
email, and alternate (emergency) contact name or contact information.
THE MUNICIPALITY OF CENTRAL
MANITOULIN BY-LAW NO. 2024-34
SCHEDULE C
ROLES AND RESPONSIBILITIES
Role
Responsibility
CHIEF BUILDING OFFICIAL
Conduct STA inspections Ontario Building Code where
required.
FIRE CHIEF
Conduct STA inspections which should follow the Ontario
Fire Code.
LICENCE ISSUER
All Administrative duties including applications, renewals,
and enforcement.
For the Licensing Appeal Committee, the Director, CAO,
Clerk and/or designate shall:
a) schedule a hearing; and
b) give the Licensee notice of the hearing at least
twenty (20) days prior to the hearing date; and
c) post notice of the hearing on the Municipality's
website at least
d) twenty (20) days prior to the hearing date.
The Director, CAO, Clerk shall no later than ten (10) days
from the making of the decision send one (1) copy of the
decision to:
a) the Applicant or Licensee;
b) each person who appeared in person or by Council
or by Agent at the hearing and who filed with the
Director, CAO, Clerk a written request for notice of
the decision.
COUNCIL
Participate as Licensing Appeal Committee.
OWNER
Ensure Licensee Terms and Conditions are fulfilled.
PROPERTY MANAGER
Available 24/7.
RENTER
Follow "Renter Code of Conduct (Schedule "D") and all
Municipal By-laws.
THE MUNICIPALITY OF CENTRAL
MANITOULIN BY-LAW NO. 2024-34
SCHEDULE D
RENTER CODE OF CONDUCT
Renter's Code of Conduct (as enacted by the Municipality of Central Manitoulin)
PREMISE OF THIS CODE
The premise of this Code is that the short-term accommodation premises are located in the
vicinity of other properties and that the residents/occupants of these properties have the
right to enjoy their properties without being imposed upon by nuisance from others.
OBJECTIVES OF THIS CODE
The objective of this Code is to establish acceptable standards of behavior for renters and
their guests, and to minimize any adverse social or environmental impacts on their neighbors
and neighborhood.
The Renter acknowledges for themselves and on behalf of others that they will be occupying
a short-term rental accommodation.
GUIDING PRINCIPLES
The Guiding Principles for short term accommodation renters are:
-
The premise that you are occupying is a home;
-
Treat the premise as your own;
-
Respect your neighbors; and,
-
Leave it as you find it.
MAXIMUM NUMBER OF RENTERS AND GUESTS
The maximum number of occupants within a dwelling that is being operated as a short-term
accommodation shall not exceed a total number based upon the number posted by the
Owner. But, in no case should it be more than 2 persons per bedroom or 8 persons per
property.
CAMPFIRES
FIRES ARE NOT PERMITTED DURING A FIRE BAN. CHECK LOCAL MUNICIPAL AND MINISTRY
UPDATES! All fires must follow rules according to the current Burning By-law of Central
Manitoulin. Information can be found at www.centralmanitoulin.ca.
NOISE AND RESIDENTIAL AMENITY
No person shall make noise so as to cause a disturbance or conduct themselves in an
antisocial behaviour. Examples of noise that is deemed to be a disturbance include:
a)
Loud music;
b)
Outdoor Speakers;
c)
Outdoor or backyard gatherings involving excessive noise;
d)
Fireworks;
e)
Late or early hour disturbances;
f)
Exceeding occupancy limits; and,
g)
Yelling, shouting, chanting and loud conversations.
Please be advised that the Municipality of Central Manitoulin Noise By-law 2022-09, is in
effect 24 hours a day, 7 days a week.
Renters are not allowed to disturb neighbours or interfere with their enjoyment of their
properties, or the public realm, at any time of the day or night. Failure to comply with the
conditions of the Municipality's Noise By-law may result in the notification of the Ontario
Provincial Police who may, upon attendance, issue a Notice of Offence, which carries with it a
fine, upon conviction, for a first offence.
Please enjoy your stay but have consideration for others.
FUNCTIONS AND PARTIES
Short term accommodation renters are not to host functions or parties as occupancy limits
apply to the house and property in accordance with the licence.
ACCESS AND PARKING
Property includes parking on a per bedroom basis. Permitted parking should be the only area
used for parking.
RECYCLING AND GARBAGE
Please dispose of all garbage and recycling to designated garbage area. Ensure that
garbage and recycling is sealed shut and not overflowing.
THE MUNICIPALITY OF CENTRAL MANITOULIN
SHORT TERM ACCOMMODATION BY-LAW No. 2024-34
Part 1 Provincial Offence Act
Note: The general penalty provision for the offences listed above is Section 10.5 of
By-law 2024-34, a certified copy which has been filed.
Item
Column 1
Short Form Wording
Column 2
Provision Creating or
Defining Offence
Column 3
Set Fine
1.
Advertising, facilitating or brokering a
short-term rental without a valid license.
Sec. 3.4
$500.00
2.
Advertising a short-term rental without a
registration number.
Sec. 3.14
$600.00
3.
Refusing to serve a person on the basis that
they are accompanied by a service animal.
Sec. 3.15
$500.00
4.
Failing to notify the Municipality of a
change
in
licensing
or
registration
information.
Sec. 3.16
$500.00
5.
Failing to provide emergency contact
information to a guest.
Sec. 3.17
$400.00
6.
Failing to provide information regarding 9-
1-1 service to a guest.
Sec. 3.17
$400.00
7.
Failing to provide a diagram of exits from
the building.
Sec. 3.17
$400.00
8.
Operating more than one short term unit
per property.
Sec. 3.18
$300.00
9.
Fail to register a short-term rental
Sec. 3.19
$400.00
10.
Fail to keep complete transaction record for
3 years
Sec. 8.6
$300.00
11.
Failing to provide transaction records
within 30 days of a request from the
Municipality
Sec. 8.6
$300.00
12.
Hinder or obstruct an officer
Sec. 9.9
$500.00