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Report to
Council
Report to
Council
To: Mayor Watters and Members of Council
To: Mayor Watters and Members of Council
Prepared By: Kerri O'Kane, Manager of Legislative
Services & Municipal Clerk
Prepared By: Kerri O'Kane, Manager of Legislative
Services & Municipal Clerk
Prepared By: Kerri O'Kane, Manager of Legislative
Services & Municipal Clerk
Report: COR2026-10
Date: 23 Feb 2026
Report: COR2026-10
Date: 23 Feb 2026
Report: COR2026-10
Date: 23 Feb 2026
Report: COR2026-10
Date: 23 Feb 2026
RE: Draft Short Term Rental Accommodation By-law
RE: Draft Short Term Rental Accommodation By-law
Recommendation:
THAT the Council of the Township of Centre Wellington receives Report COR2026-10
from the Manager of Legislative Services and Municipal Clerk for information;
Recommendation:
THAT the Council of the Township of Centre Wellington receives Report COR2026-10
from the Manager of Legislative Services and Municipal Clerk for information;
Recommendation:
THAT the Council of the Township of Centre Wellington receives Report COR2026-10
from the Manager of Legislative Services and Municipal Clerk for information;
AND THAT the draft licensing by-law be posted on Connect CW for review and
comment;
AND THAT the draft licensing by-law be posted on Connect CW for review and
comment;
AND THAT Council directs staff to hold a public meeting to consider amendments to the
Township's zoning by-law for the purpose of adding provisions for Short-term Rental
Accommodations and to modify related regulations.
AND THAT Co uncil d irects staf f to hold a pub lic mee ting to con side r amendment s to the
Township's zoning by-law for the purpose of adding provisions for Short-term Rental
Accommodations and to modify related regulations.
AND THAT Council directs staff to hold a public meeting to consider amendments to the
Township's zoning by-law for the purpose of adding provisions for Short-term Rental
Accommodations and to modify related regulations.
Summary:
The purpose of this report is to outline proposed changes to the draft Short Term Rental
Accommodation (STRA) and Bed and Breakfast (B&B) Establishments Licensing By-
law (Licensing By-law) resulting from comments and direction received from Council at
the November 10, 2025 workshop and to outline the process recommended to establish
zoning provisions that complement and support the Licensing By-law.
Summary:
The purpose of this report is to outline proposed changes to the draft Short Term Rental
Accommodation (STRA) and Bed and Breakfast (B&B) Establishments Licensing By-
law (Licensing By-law) resulting from comments and direction received from Council at
the November 10, 2025 workshop and to outline the process recommended to establish
zoning provisions that complement and support the Licensing By-law.
Summary:
The purpose of this rep ort is to outlin e proposed chan ges to the draft Short Term Rental
Accommodation (STRA) and Bed and Breakfast (B&B) Establishments Licensing By-
law (Licensing By-law) resulting from comments and direction received from Council at
the November 10, 2025 workshop and to outline the process recommended to establish
zoning provisions that complement and support the Licensing By-law.
Summary:
The purpose of this report is to outline proposed changes to the draft Short Term Rental
Accommodation (STRA) and Bed and Breakfast (B&B) Establishments Licensing By-
law (Licensing By-law) resulting from comments and direction received from Council at
the November 10, 2025 workshop and to outline the process recommended to establish
zoning provisions that complement and support the Licensing By-law.
Summary:
The purpose of this report is to outline proposed changes to the draft Short Term Rental
Accommodation (STRA) and Bed and Breakfast (B&B) Establishments Licensing By-
law (Licensing By-law) resulting from comments and direction received from Council at
the November 10, 2025 workshop and to outline the process recommended to establish
zoning provisions that complement and support the Licensing By-law.
Summary:
The purpose of this report is to outline proposed changes to the draft Short Term Rental
Accommodation (STRA) and Bed and Breakfast (B&B) Establishments Licensing By-
law (Licensing By-law) resulting from comments and direction received from Council at
the November 10, 2025 workshop and to outline the process recommended to establish
zoning provisions that complement and support the Licensing By-law.
Report:
At the April 14, 2025 Council meeting, staff introduced a draft short term rental
accommodation by-law. After considerable discussion, Council deferred adoption of the
by-law and directed staff to schedule a workshop to review and discuss various options
and approaches. A workshop was held on November 10, 2025, wherein Paul Dray,
Dray & Associates (Township Prosecutor) addressed specific areas of concern such as
the Responsible Person, Inspections, Maximum Occupancy, Parking, etc., and direction
was given to staff.
Rep ort:
At t he A pril 14, 2025 Council meetin g, staff in tr oduced a dra ft sh ort term rental
accommodation by-law. After considerable discussion, Council deferred adoption of the
by-law and directed staff to schedule a workshop to review and discuss various options
and approaches. A workshop was held on November 10, 2025, wherein Paul Dray,
Dray & Associates (Township Prosecutor) addressed specific areas of concern such as
the Responsible Person, Inspections, Maximum Occupancy, Parking, etc., and direction
was given to staff.
Report:
At the April 14, 2025 Council meeting, staff introduced a draft short term rental
accommodation by-law. After considerable discussion, Council deferred adoption of the
by-law and directed staff to schedule a workshop to review and discuss various options
and approaches. A workshop was held on November 10, 2025, wherein Paul Dray,
Dray & Associates (Township Prosecutor) addressed specific areas of concern such as
the Responsible Person, Inspections, Maximum Occupancy, Parking, etc., and direction
was given to staff.
Report:
At the April 14, 2025 Council meeting, staff introduced a draft short term rental
accommodation by-law. After considerable discussion, Council deferred adoption of the
by-law and directed staff to schedule a workshop to review and discuss various options
and approaches. A workshop was held on November 10, 2025, wherein Paul Dray,
Dray & Associates (Township Prosecutor) addressed specific areas of concern such as
the Responsible Person, Inspections, Maximum Occupancy, Parking, etc., and direction
was given to staff.
Repo rt:
At the Ap ril 14, 2 025 Counc il meeting, staf f intr oduced a draf t short term rental
accommodation by-law. After considerable discussion, Council deferred adoption of the
by-law and directed staff to schedule a workshop to review and discuss various options
and approaches. A workshop was held on November 10, 2025, wherein Paul Dray,
Dray & Associates (Township Prosecutor) addressed specific areas of concern such as
the Responsible Person, Inspections, Maximum Occupancy, Parking, etc., and direction
was given to staff.
Report:
At the April 14, 2025 Council meeting, staff introduced a draft short term rental
accommodation by-law. After considerable discussion, Council deferred adoption of the
by-law and directed staff to schedule a workshop to review and discuss various options
and approaches. A workshop was held on November 10, 2025, wherein Paul Dray,
Dray & Associates (Township Prosecutor) addressed specific areas of concern such as
the Responsible Person, Inspections, Maximum Occupancy, Parking, etc., and direction
was given to staff.
Report:
At the April 14, 2025 Council meeting, staff introduced a draft short term rental
accommodation by-law. After considerable discussion, Council deferred adoption of the
by-law and directed staff to schedule a workshop to review and discuss various options
and approaches. A workshop was held on November 10, 2025, wherein Paul Dray,
Dray & Associates (Township Prosecutor) addressed specific areas of concern such as
the Responsible Person, Inspections, Maximum Occupancy, Parking, etc., and direction
was given to staff.
Report:
At the April 14, 2025 Council meeting, staff introduced a draft short term rental
accommodation by-law. After considerable discussion, Council deferred adoption of the
by-law and directed staff to schedule a workshop to review and discuss various options
and approaches. A workshop was held on November 10, 2025, wherein Paul Dray,
Dray & Associates (Township Prosecutor) addressed specific areas of concern such as
the Responsible Person, Inspections, Maximum Occupancy, Parking, etc., and direction
was given to staff.
Paul Dray was then asked to revise the draft by-law as directed by Council and to
collaborate with staff with a goal to outline a path forward that included a draft licensing
by-law and a supporting zoning by-law amendment to add provisions for Short-term
Paul Dray was then asked to revise the draft by-law as directed by Council and to
collaborate with staff with a goal to outline a path forward that included a draft licensing
by-law and a supporting zoning by-law amendment to add provisions for Short-term
Paul Dr ay w as then asked to rev ise the draft by- law as directed by Cou ncil and to
collaborate with staff with a goal to outline a path forward that included a draft licensing
by-law and a supporting zoning by-law amendment to add provisions for Short-term
Rental Accommodation and modify related regulations to the Consolidated Zoning By-
law.
Rental Accommodation and modify related regulations to the Consolidated Zoning By-
law.
Highlights of the new draft STRA by-law include the following:
Definitions to provide clarification that will also align with the zoning by-law;
Enhanced provisions to regulate short-term rental accommodations and bed and
breakfast establishments;
Enhanced provisions to regulate short-term rental accommodations and bed and
breakfast establishments;
Establishing a maximum occupancy of eight (8) or two (2) persons per bedroom;
Bed and breakfast establishments restricted to the primary residence of the
owner or on the same property as the owner resides;
Bed and breakfast establishments restricted to the primary residence of the
owner or on the same property as the owner resides;
Inclusion of provisions related to Bed and Breakfast Establishments;
Cap on the number of licences established at 265 (scan conducted as of January
30th 2026, noting 235 unique rentals and allows for growth until implementation
in 2027.
Cap on the number of licences established at 265 (scan conducted as of January
30th 2026, noting 235 unique rentals and allows for growth until implementation
in 2027.
Cap on the number of licences established at 265 (scan conducted as of January
30th 2026, noting 235 unique rentals and allows for growth until implementation
in 2027.
Only one (1) short-term rental accommodation licence or bed and breakfast
licence permitted per property;
Only one (1) short-term rental accommodation licence or bed and breakfast
licence permitted per property;
establishment of a Licensing Appeal Tribunal;
Inclusion of the demerit point system to be used in the consideration of the
issuing, issuing with conditions, suspension, refusal to issue and revocation of a
licence;
Inclusion of the demerit point system to be used in the consideration of the
issuing, issuing with conditions, suspension, refusal to issue and revocation of a
licence;
Inclusion of the demerit point system to be used in the consideration of the
issuing, issuing with conditions, suspension, refusal to issue and revocation of a
licence;
Inspection and site plan requirements for short-term rental accommodations and
bed and breakfasts;
Inspection and site plan requirements for short-term rental accommodations and
bed and breakfasts;
Requirement to comply with a Renter's Code of Conduct;
Three (3) year licence period from issue date, license transfer provisions;
Enforcement tools, including administrative penalties
Licensing and zoning by-laws are complementary municipal legal tools that regulate the
use of property and related activities on where businesses can operate and how they
must behave. Zoning restricts where a business can exist based on land use, while
licensing regulates how a business operates. Together, they protect public health, safety,
Licensing and zoning by-laws are complementary municipal legal tools that regulate the
use of property and related activities on where businesses can operate and how they
must behave. Zoning restricts where a business can exist based on land use, while
licensing regulates how a business operates. Together, they protect public health, safety,
Licen sing and zoning by-laws a re com pl ementary muni cipal legal too ls th at re gulate the
use of property and related activities on where businesses can operate and how they
must behave. Zoning restricts where a business can exist based on land use, while
licensing regulates how a business operates. Together, they protect public health, safety,
Licensing and zoning by-laws are complementary municipal legal tools that regulate the
use of property and related activities on where businesses can operate and how they
must behave. Zoning restricts where a business can exist based on land use, while
licensing regulates how a business operates. Together, they protect public health, safety,
Licensing and zoning by-laws are complementary municipal legal tools that regulate the
use of property and related activities on where businesses can operate and how they
must behave. Zoning restricts where a business can exist based on land use, while
licensing regulates how a business operates. Together, they protect public health, safety,
and community order.
Staff in Planning and Development have prepared a draft zoning by-law amendment
that will be the subject of a public meeting. The draft zoning by-law amendment intends
to
Staff in Planning and Development have prepared a draft zoning by-law amendment
that will be the subject of a public meeting. The draft zoning by-law amendment intends
to
Staff in Planning and Development have prepared a draft zoning by-law amendment
that will be the subject of a public meeting. The draft zoning by-law amendment intends
to
add
provisions
for
Short-Term
Rental
Accommodations
and
modify
related
regulations in the Township's Consolidated Zoning By-law. The adoption of the zoning
by-law amendment together with the Licensing By-law will provide the necessary tools
to effectively license and regulate Short-Term Rental Accommodations and Bed and
related
regulations in the Township's Consolidated Zoning By-law. The adoption of the zoning
by-law amendment together with the Licensing By-law will provide the necessary tools
to effectively license and regulate Short-Term Rental Accommodations and Bed and
related
regulations in the Township's Consolidated Zoning By-law. The adoption of the zoning
by-law amendment together with the Licensing By-law will provide the necessary tools
to effectively license and regulate Short-Term Rental Accommodations and Bed and
rel ated
regula tions in the Township 's Consolid ated Zo ning By-law. Th e ad opti on of the zoning
by-law amendment together with the Licensing By-law will provide the necessary tools
to effectively license and regulate Short-Term Rental Accommodations and Bed and
Breakfast Establishments.
Staff have reviewed the draft licensing by-law and are recommending it be posted on
Connect CW to receive final comments and a public meeting be scheduled for March
23, 2026 regarding the draft zoning by-law amendment. Following the public meeting,
a report and draft by-law will be brought forward to Council at a meeting in April for
Staff have reviewed the draft licensing by-law and are recommending it be posted on
Connect CW to receive final comments and a public meeting be scheduled for March
23, 2026 regarding the draft zoning by-law amendment. Following the public meeting,
a report and draft by-law will be brought forward to Council at a meeting in April for
Staff have reviewed the draft licensing by-law and are recommending it be posted on
Connect CW to receive final comments and a public meeting be scheduled for March
23, 2026 regarding the draft zoning by-law amendment. Following the public meeting,
a report and draft by-law will be brought forward to Council at a meeting in April for
St aff hav e re viewed the dr aft l ice nsing by -law and ar e recomm end in g it be pos ted on
Connect CW to receive final comments and a public meeting be scheduled for March
23, 2026 regarding the draft zoning by-law amendment. Following the public meeting,
a report and draft by-law will be brought forward to Council at a meeting in April for
consideration. Implementation of a new software system to manage, monitor and
enforce the new by-law will be undertaken in the fall of 2026 to support a launch in early
2027.
consideration. Implementation of a new software system to manage, monitor and
enforce the new by-law will be undertaken in the fall of 2026 to support a launch in early
2027.
consideration. Implementation of a new software system to manage, monitor and
enforce the new by-law will be undertaken in the fall of 2026 to support a launch in early
2027.
Corporate Strategic Plan:
Create the conditions for economic prosperity
Provide innovative & sustainable governance
Corporate Strategic Plan:
Create the conditions for economic prosperity
Provide innovative & sustainable governance
Corporate Strategic Plan:
Create the conditions for economic prosperity
Provide innovative & sustainable governance
Consultation:
Consultation
with
Paul
Dray
&
Associates,
Planning
&
Development,
Corporate
Services and the CAO's Office
Attachments:
- Draft Short-Term Rental Accommodations Licensing By-Law
- Draft Zoning By-Law Amendment
Attachments:
- Draft Short-Term Rental Accommodations Licensing By-Law
- Draft Zoning By-Law Amendment
Attachments:
- Draft Short-Term Rental Accommodations Licensing By-Law
- Draft Zoning By-Law Amendment
Attachments:
- Draft Short-Term Rental Accommodations Licensing By-Law
- Draft Zoning By-Law Amendment
Attachments:
- Draft Short-Term Rental Accommodations Licensing By-Law
- Draft Zoning By-Law Amendment
Attachments:
- Draft Short-Term Rental Accommodations Licensing By-Law
- Draft Zoning By-Law Amendment
Attachments:
- Draft Short-Term Rental Accommodations Licensing By-Law
- Draft Zoning By-Law Amendment
Approved By:
Dan Wilson, Chief Administrative Officer
Approved By:
Dan Wilson, Chief Administrative Officer
1
By-law No. 2026 - X
A By-law to Regulate and Licence
Short-Term Rental Accommodations and Bed and Breakfast Establishments
Whereas Section 8 (3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
hereinafter referred to as "the Act", authorizes a municipality to provide for a system of
licences;
And Whereas Section 9 the Act provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising the authority
under the Act;
And Whereas Section 9 of the Act, provides that Section 8 and Section 11 shall be
interpreted broadly so as to confer broad authority on municipalities to:
(a)
enable municipalities to govern their affairs as they consider appropriate; and
(b)
enhance their ability to respond to municipal issues;
And Whereas Section 11 (2), paragraph 6 of the Act, authorizes a municipality to pass a
by-law respecting the health, safety and well-being of persons;
And Whereas Section 23.1 of the Act authorizes a municipality to delegate its powers
and duties under the Act and 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 Part IV of the Act, provides that a municipality may provide for a system
of licences, which includes the power to suspend a licence 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 Section 391(1) of the Act provides that a municipality may impose fees
and charges on persons for services or activities provided or done by or on behalf of it;
And Whereas Section 425 of the Act authorizes a municipality to pass by-laws providing
that a person who contravenes a by-law of a municipality passed under the Act is guilty
2
of an offence;
And Whereas Section 429 of the Act provides that a municipality may establish a system
of fines for a by-law passed under the Act;
And Whereas Section 431 of the Act authorizes that where any by-law of a municipality
under the Act is contravened and a conviction entered, in addition to any other remedy
and to any penalty imposed by the by-law, the court in which the conviction has been
entered and any court of competent jurisdiction thereafter may make an order prohibiting
the continuation or repetition of the offence by the person convicted and requiring the
person convicted to correct the contravention in a manner and within a period of time that
the court considers appropriate;
And Whereas Section 434.1 of the Act authorizes a municipality to require a person,
subject to such conditions as the municipality considers appropriate to pay an
administrative penalty if the municipality is satisfied that the person has failed to comply
with a by-law of the municipality passed under the Act, in order to assist the municipality
in promoting compliance with its by-laws;
And Whereas Section 436 of the Act provides that a municipality has power to pass by-
laws providing that the municipality may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine compliance with a by-law;
And Whereas Section 438 of the Act permits municipalities to undertake inspections
pursuant to orders issued under that section;
And Whereas Section 440 of the Act provides that a municipality has the right in addition
to any other remedy and to any penalty imposed by the by-law to make application to
restrain the contravention;
And Whereas Sections 444 and 445 of the Act authorizes a municipality to make orders
to discontinue, or to correct, the contravention of a by-law;
And Whereas Section 446 of the Act provides that a municipality may proceed to do a
matter or thing at a person's expense which that person is otherwise required to do under
a by-law, but has failed to do and the costs incurred by a municipality may be recovered
by adding the costs to the tax roll and collecting them in the same manner as taxes;
And Whereas Section 447 of the Act provides that if a municipality has the authority to
direct or require a person to do a matter or thing, the municipality may also provide that
in default of it being done by the person directed or required to do it, the matter or thing
shall be done at the person's expense and costs recovered by adding them to the tax roll
and collecting them in the same manner as property taxes;
And Whereas the Council of the Corporation of the Township of Centre Wellington
deems it necessary and expedient to regulate and license Short-term Rental
Accommodations and Bed and Breakfast Establishments in the Township of Centre
Wellington;
3
Now Therefore the Council of the Corporation of the Township of Centre Wellington
enacts as follows:
1.
Definitions
1.1 In this By-law:
"administrative monetary penalty" means a monetary penalty imposed and as set out
in By-law 2025-81, as amended, for a contravention of this By-law;
"advertise" or "advertised" or "advertisement" includes promote, broker, market,
facilitate or offer for rent, directly or indirectly, in any medium including a platform;
"agent" means a person authorized in writing to act on another person's behalf;
"applicant" means a person who files an application for a licence or renewal of a licence
and includes a licensee as the context requires;
"bed and breakfast establishment" means a dwelling unit within which an owner
resides or on the same property where the owner resides, where one or more bedrooms
are advertised, used or maintained for the accommodation of the travelling or vacationing
public, with or without meals for a period less than twenty-eight (28) consecutive days,
but does not include a hotel or short-term rental accommodation;
"bedroom" means a room or area used, designed, equipped or intended for sleeping;
"building" means a building as defined by the Building Code Act, or a structure used or
intended to be used for supporting or sheltering any use or occupancy;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended,
and its regulations;
"Building Inspector" means an inspector appointed by the Township;
"Chief Building Official" means a Chief Building Official appointed by the Township;
"Clerk" means the Clerk for the Township, or any person designated by the Clerk;
"conviction" means a conviction for an offence under the Provincial Offences Act, R.S.O.
1990, c. P. 33, as amended, or the affirmation of a Penalty Notice issued in accordance
with the Township's Administrative Monetary Penalty System By-law;
"Corporation" means a separate legal entity incorporated pursuant to provincial or
federal law;
"Council" means Council for the Township;
"date of service" means the date service is deemed in effect in accordance with the
provisions of this By-law;
4
"dwelling unit" means a room or group of rooms in a building, designed, occupied or
intended to be occupied as an independent and separate housekeeping unit, for one or
more persons, providing kitchen and sanitary facilities and sleeping accommodations for
the exclusive use of the occupants, and having a private entrance from outside the
building or from a common hallway or stairway inside the building;
"electronic hearing" means a hearing held by conference telephone or some other
form of electronic technology allowing persons to hear one another;
"fails to appear" means failure to appear or participate by conference telephone, or
some other form of electronic technology allowing persons to hear one another, or in
person, on the scheduled date as the case may be within ten (10) minutes of the start
time of a hearing;
"Fees and Charges By-law" means the Township By-law, adopted from time to time,
for imposing fees and charges with respect to various services and activities provided;
"Fire Chief" means the Fire Chief for the Township or a Fire Prevention Officer;
"Fire Protection and Prevention Act" means the Fire Protection and Prevention Act,
1997, S.O. 1997, c. 4, as amended, and its regulations;
"licence" means a licence issued by the Licence Issuer pursuant to this By-law;
"Licence Issuer" means a Township employee who is responsible for issuing a licence;
"licence number" means a number assigned to a licence by the Licence Issuer;
"licensee" means a person issued a licence pursuant to this By-law and includes as
the context requires:
(a)
the officers, directors, employees, contractors and agents of the licensee;
(b)
the trustee, executors, administrators or other legal representative of the
licensee;
(c)
a responsible person;
(d)
an owner;
"Licensing Appeal Tribunal" means the Township's Property Standards Committee or
any other Committee or person appointed by Council to hear appeals under this By-law;
"maximum occupancy" means the maximum number of person(s) permitted on the
property;
"Officer" means a police officer, municipal law enforcement officer, Fire Chief, Chief
Building Official, Building Inspector or any other person appointed by by-law to
enforce the provisions of this By-law;
"oral hearing" means a hearing at which the parties or their representatives attend
before the Licensing Appeal Tribunal in person;
5
"owner" means the registered owner of property;
"person" includes 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;
"platform" means to market or broker the booking, reservation, rental or listing of a
short-term rental accommodation or bed and breakfast establishment on behalf of
a host by means of a website or digital application;
"primary residence" means a person's permanent lodging place to which, whenever
absent he or she intends to return;
"property" means a parcel of land or a unit in a condominium which is capable of being
legally conveyed or any part thereof, inclusive of buildings;
"rent" or "rental" includes concession, permit, lease, licence, agreement or other similar
arrangement;
"renter" means any person who rents a short-term rental accommodation or a bed
and breakfast establishment;
"Renter's Code of Conduct" means a document prepared by the Licence Issuer that
includes:
(a)
the roles and responsibilities of a renter including behavior expectations;
(b)
information on Township by-laws and the provisions of the Township by-
laws to be complied with;
(c)
acknowledgement that enforcement action may be taken for a violation of a
Township by-law;
"responsible person" means a person over the age of twenty-five (25) years
designated by an owner and may include an owner, as the context requires;
"short-term rental accommodation" means any whole or part of a dwelling unit
advertised, used or maintained for the accommodation of the travelling or vacationing
public for a period less than twenty-eight (28) consecutive days, but does not include a
hotel or a bed and breakfast establishment;
"tax roll address" means the mailing address and contact information for the owner(s)
of property that appears in the Township's municipal tax assessment records;
"Township" means the Corporation of the Township of Centre Wellington or the land
within the geographic limits of the Corporation of the Township of Centre Wellington as
the context requires;
"Zoning By-law" means the Township's Comprehensive Zoning By-law, as amended,
and passed pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as
6
amended.
2.
Short Title
2.1 This by-law may be referred to as the "Short-Term Rental Accommodation and Bed
and Breakfast Establishment Licensing By-law".
3.
Application
3.1 This By-law shall apply throughout the whole of the Township.
3.2 This By-law does not apply to:
(a)
a group home, campground, trailer park or a hotel as defined in the
Township's Zoning By-law;
(b)
a cottage, cabin, camp or chalet on lands owned by the Grand River
Conservation Authority.
4.
General Prohibitions
4.1 No person shall own or operate or permit the operation of a short-term rental
accommodation without a current valid licence.
4.2 No person shall own or operate or permit the operation of a bed and breakfast
establishment without a current valid licence.
4.3 No person shall own or operate a short-term rental accommodation or a bed
and breakfast establishment other than in accordance with the terms and
conditions of a licence, and this By-law.
4.4 No person shall advertise or cause to be advertised a short-term rental
accommodation without a current valid licence.
4.5 No person shall advertise or cause to be advertised a bed and breakfast
establishment without a current valid licence.
4.6 No person shall alter or modify or permit the alteration or modification of a licence.
4.7 No person shall use or attempt to use a licence issued to another person.
4.8 No person shall own, operate or carry on any business in any other name other
than in the name that appears on the licence.
4.9 No person shall make a false statement in an application, declaration, affidavit or
documents required by this By-law or the Township.
4.10 No person who is issued a licence pursuant to this By-law shall contravene any
provision set out in this by-law, any other Township by-law, County of Wellington
7
By-law, federal or provincial Act, Statute, or any other legislation applicable to the
licensed property.
4.11 No person shall fail to comply, cause or permit failure to comply with a Renter's
Code of Conduct.
4.12 No person shall remove an order posted on the property under this By-law,
except an Officer.
4.13 No person shall fail to comply with an Order issued pursuant to this By-law or a
court order made under Section 440 of the Municipal Act, 2001, S.O. 2001, c.25,
as amended.
4.14 No person shall rent a short-term rental accommodation that does not have a
current valid licence.
4.15 No person shall rent a bed and breakfast establishment that does not have a
current valid licence.
5.
Application for a Licence
5.1 An applicant making an application for a licence shall submit to the satisfaction of
the Licence Issuer:
(a)
a complete application form as provided by the Licence Issuer;
(b)
when applicable, the Business Name Registration and/or Articles of
Incorporation obtained from the applicable provincial or federal Ministry;
(c)
documentation demonstrating ownership of the property;
(d)
all required documents, and obtain all required approvals and inspections as
outlined in the applicable Schedule to this By-law from the appropriate
authority having jurisdiction;
(e)
any other documents as may be required by the Licence Issuer;
(f)
the fee as outlined in the Fees and Charges By-law.
5.2 Acceptance of an application for a licence and a licence application fee does not
constitute approval or oblige the Township to issue a licence.
6.
Application for a Licence - Incomplete
6.1 An application for a licence shall be deemed incomplete where:
(a)
an applicant fails to submit insurance and any other documents as required
by this By-law;
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(b)
an applicant fails to provide any other documents as required by the Licence
Issuer within the time specified by the Licence Issuer;
(c)
an applicant fails to pay any fees as required by this By-law.
7.
Transfer of a Licence
7.1 A licence is not transferable unless an applicant submits to the satisfaction of the
Licence Issuer:
(a)
a complete application form as provided by the Licence Issuer;
(b)
when applicable, the Business Name Registration and/or Articles of
Incorporation obtained from the applicable provincial or federal Ministry;
(c)
documentation demonstrating ownership of the property or an agreement of
purchase and sale for the property;
(d)
all required documents, and obtain all required approvals and inspections as
outlined in the applicable Schedule to this By-law from the appropriate
authority having jurisdiction;
(e)
any other documents as may be required by the Licence Issuer;
(f)
the fee as outlined in the Fees and Charges By-law.
8.
Licences
8.1 The Licence Issuer is hereby delegated authority to issue a licence in accordance
with the provisions of this By-law and the applicable Schedule(s) to this By-law.
8.2 The Licence Issuer shall administer this By-law and establish all forms and
notices, necessary to implement this By-law and may amend such forms and
notices from time to time, as the Licence Issuer deems necessary, provided that
the contents of such forms and notices are not in conflict, or inconsistent with this
By-law.
8.3 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 take into consideration:
(a)
the health, safety and well-being of persons;
(b)
the impact on a neighbouring property or a neighbouring property owner;
(c)
the past conduct of an applicant.
8.4 The Licence Issuer is hereby delegated authority to revoke, suspend, refuse to
9
issue a licence, where the applicant would not be entitled to a licence, on any
grounds set out in this By-law.
8.5 A licence issued by the Township is non-refundable.
8.6 A licence issued pursuant to this By-law is valid for three (3) years from the date it
is issued unless otherwise suspended or revoked in accordance with the provisions
of this By-law.
8.7 Every licence shall remain at all times the property of the Township and no person
shall enjoy a vested right in any licence or the continuance of any licence.
8.8 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 Licence Issuer'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 Licence
Issuer's satisfaction as required by this By-law and as outlined on the
applicable Schedule(s) to this By-law.
8.9 The Licence Issuer shall not issue a licence if the applicant(s) have any
outstanding fines, penalties, legal costs, disbursements, property taxes and late
payment charges owing to the Township for the property subject to the licence
application.
8.10 A Licence Issuer shall not issue a licence:
(a)
for a maximum occupancy greater than eight (8) persons or two (2)
persons per bedroom whichever is less;
(b)
for a bed and breakfast establishment unless the bed and breakfast
establishment is the primary residence of the owner or on the same
property that the owner resides;
(c)
to a Corporation for a bed and breakfast establishment.
8.11 A licence shall only be issued by the Licence Issuer in the name(s) of the
owner(s) of the property.
8.12 A licence issued under this By-law shall include following:
(a)
The municipal address;
(b)
licence number;
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(c)
Date of issue and expiry date of the licence;
(d)
Number of bedrooms available for rent and maximum occupancy;
(e)
licensee name and contact information;
(f)
In the case of a short-term rental accommodation, the responsible
person's name and contact information.
8.13 A Licence Issuer shall not transfer a licence without the submission of an
executed agreement of purchase and sale.
8.14 No more than 265 number of licences shall be issued by the Licence Issuer at
any given time.
8.15 No more than one (1) short-term rental accommodation licence or bed and
breakfast licence shall be issued per property. For the purposes of this By-law a
unit in a condominium is a property.
8.16 Where serious damage to a property occurs, a licensee shall retain their right to
be licensed for a period of one (1) year from the date serious damage occurs to
the property.
9.
Licence - Terms and Conditions
9.1 A licence is subject to the terms and conditions of this By-law and the terms and
conditions as set out in the applicable Schedule(s) to this By-law.
9.2 A licensee shall notify the Licence Issuer within seven (7) days of any changes
regarding an approved application for a licence, and such changes shall be subject
to submission of the necessary documentation to the Licence Issuer.
9.3 A licensee shall be responsible for the act(s) and omission(s) of its employees,
representatives, and the responsible person 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).
9.4 Any record required by this By-law shall be produced by the licensee upon request
of an Officer or the Licence Issuer.
9.5 A licensee acknowledges that a licence is not transferable without the completion
and approval of an application to transfer a licence. Where the owner(s) transfer
ownership of the property or enter into an agreement of purchase and sale, and
an application to transfer a licence is not approved, the licence shall be deemed
expired as of the date of the transfer of the property.
10. Licences - Administrative Suspensions
10.1 Where the licensee's policy of liability insurance expires, is cancelled, or is
11
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.
10.2 An administrative suspension of a licence without a hearing shall be imposed for
up to 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 property or in accordance with Section 11. Before any suspension is imposed,
the Licence Issuer shall provide the licensee with the reasons for the suspension,
either orally or in writing, and an opportunity to respond to them.
10.3 An administrative suspension imposed under Section 10.2 may be imposed on such
conditions as the Licence Issuer considers appropriate.
11. Licences - Grounds - Additional Terms and Conditions, Refusal, Revocation
or Suspension
11.1 An applicant is entitled to a licence upon meeting the requirements of this By-law
except where:
(a)
the past or present conduct of any person, including any partner, 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;
(b)
the applicant has past breaches or conviction 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;
(c)
the applicant has failed to pay an administrative monetary penalty imposed
by the Township or a fine or fines imposed by a Court for convictions for
breach of this or any other Township by-law or provincial offence related to
the property;
(d)
the applicant 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;
(e)
the applicant has failed to comply with this By-law, an Order issued in
accordance with this By-law, an Order pursuant to Section 431 of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended, a licence, or the terms and
conditions of a licence,
(f)
the issuing of a licence would be contrary to the public interest with respect to
health and safety, consumer protection, or nuisance control;
(g)
the applicant has submitted an application or other documents to the
Township containing false statements, incorrect, incomplete, or misleading
12
information;
(h)
the applicant is carrying on or engaging in activities that are, or will be, if the
applicant is licensed, in contravention of this By-law, or a decision of the court
as a result of an application made under Section 440 or the Municipal Act,
2001, S.O. 2001, c. 25, as amended, or any other applicable law;
(i)
the applicant has outstanding legal costs, disbursements, property taxes and
late payment charges owing to the Township for the subject property;
(j)
the applicant has accumulated seven (7) or more demerit points in a six (6)
month period;
(k)
the licence was issued in error; or
(l)
the applicant requests in writing that the licence be revoked.
11.2 The Licence Issuer may revoke, suspend or refuse to issue a licence, where the
applicant would not be entitled to a licence, on any grounds set out in this By-law.
11.3 Where a licence has been revoked, suspended or refused, the fees paid by the
applicant, in respect of the licence, shall not be refunded.
11.4 Where an application for a licence is withdrawn by an applicant, or is deemed
incomplete by the Licence Issuer in accordance with the provisions of this By-law,
the fees paid by the applicant, in respect of the licence, shall not be refunded.
11.5 Where a licence has been revoked or suspended, the licensee shall return the
licence to the Licence Issuer within two (2) days of the date of service of the
notice of the decision.
11.6 When a revoked or suspended licence has not been returned, an Officer may enter
upon the property, for the purpose of receiving, taking or removing said licence.
11.7 Where a licence has been revoked or suspended, no person shall operate or permit
the operation of a short-term rental accommodation or a bed and breakfast
establishment.
11.8 Where a licence has been revoked in accordance with this By-law, no person shall
be entitled to apply for a licence for the subject property for a period of one (1) year
from the date of refusal or revocation of the licence.
12. Licence - Notice - Right to a Hearing - Additional Terms and Conditions -
Refusal, Revocation or Suspension
12.1 With the exception of Section 10, before a licence is refused, revoked or
suspended, or issued with terms or conditions, written notice shall be given by the
Licence Issuer to the applicant.
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12.2 Notice shall be served on the applicant in accordance with Section 18 of this By-
law and shall:
(a)
contain sufficient information to specify the nature of, or reason for, any
recommendation;
(b)
inform the applicant of their entitlement to a hearing before the Licensing
Appeal Tribunal, if a request in writing for a hearing is submitted to the Clerk
within fourteen (14) days after the date of service of the notice; and
(c)
inform the applicant that if no written request for a hearing is received within
the prescribed time, the decision of the Licence Issuer is confirmed.
13. Establishment of Licensing Appeal Tribunal
13.1 The Licensing Appeal Tribunal is delegated authority by Council to hear and
render decisions regarding:
(a)
the refusal, revocation or suspension of a licence, and the imposing of terms
and conditions on a licence;
(b)
an appeal of an Order.
13.2 The decision of the Licensing Appeal Tribunal shall be final and binding.
14. Request for Hearing
14.1 A person who has been issued an Order, or an applicant for a licence may request
a hearing before the Licensing Appeal Tribunal provided a request for a hearing
is:
(a)
made in writing;
(b)
submitted to the Clerk together with the applicable appeal fee as set out in the
Fees and Charges By-law within fourteen (14) days after the date of service
of the Order or the Notice to Revoke, Suspend, Refusal to Issue or Issue a
licence subject to terms and conditions has been served.
14.2 On receipt of a written request for a hearing, the Clerk shall:
(a)
schedule a hearing; and
(b)
give the person who has been issued an Order or an applicant, Notice of
Appointment for a Hearing in accordance with this By-law at least twenty (20)
days prior to the hearing date.
14.3 Prior to an oral hearing, the Clerk shall deliver in accordance with Section 18 of
this By-law, a Notice of an Appointment for a Hearing, to the person that
requested a hearing, that contains:
14
(a)
a reference to the statutory authority under which the hearing will be held and
the purpose of the hearing;
(b)
the date, time and place of the hearing;
(c)
the date, time and method for submitting any relevant documents,
photographs or videos;
(d)
information on how to obtain disclosure;
(e)
a statement that if the person fails to appear that the person shall be
deemed to have abandoned the request for a hearing and:
(i)
the decision of the Licence Issuer is final; or
(ii)
the Order issued by the Officer is confirmed; and
(iii) a failure to appear fee as set out in the Fees and Charges By-law shall
be imposed.
14.4 Prior to an electronic hearing, the Clerk shall deliver in accordance with Section
18 of this By-law, a Notice of an Appointment for a Hearing to the person that
requested a hearing, that contains:
(a)
a reference to the statutory authority under which the hearing will be held and
the purpose of the hearing;
(b)
the date, time and details about the manner in which the hearing will be held;
(c)
the date, time and method for submitting any relevant documents,
photographs and videos;
(d)
information on how to obtain disclosure;
(e)
a statement that the person may, by satisfying the Licensing Appeal
Tribunal that holding the hearing as an electronic hearing is likely to cause
the person significant prejudice, require the Licensing Appeal Tribunal to
hold the hearing as an oral hearing, and the procedure to be followed for
that purpose;
(f)
a statement that if the person fails to appear that the person shall be
deemed to have abandoned the request for a hearing and:
(i)
the decision of the Licence Issuer is final; or
(ii)
the Order issued by the Officer is confirmed; and
(iii) a failure to appear fee as set out in the Fees and Charges By-law shall
15
be imposed.
15. Hearing Process
15.1 The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22, as
amended, shall apply to all hearings conducted under this By-law.
15.2 A hearing shall be conducted as an electronic hearing unless there is a
requirement on a case-by-case basis, as determined by the Licensing Appeal
Tribunal, to provide the hearing through other means.
15.3 A hearing shall be held in public, unless determined otherwise in accordance with
the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22, as amended, and the
Licensing Appeal Tribunal, shall hear the applicant and every other person who
desires to be heard, and the Licensing Appeal Tribunal may give its decision orally
or adjourn the hearing and reserve its decision, but in any case the decision shall
be provided in writing.
15.4 No decision of the Licensing Appeal Tribunal is valid unless it is concurred with
by a majority of the members of the Licensing Appeal Tribunal that heard the
matter, and the decision of the Licensing Appeal Tribunal, shall be in writing and
shall set out the reasons for the decision, and shall be signed by the members who
concur with the decision. The decision of the Licensing Appeal Tribunal shall be
made within ten (10) days of conclusion of the hearing.
15.5 Any authority or permission granted by the Licensing Appeal Tribunal may be for
such time and subject to such terms and conditions as the Licensing Appeal
Tribunal considers advisable and as are set out in the decision.
15.6 When a person or authorized representative fails to appear for a hearing, the
Licensing Appeal Tribunal may without a hearing affirm the:
(a)
person is deemed to have abandoned the request for a hearing;
(b) failure to appear fee as set out in the Fees and Charges By-law;
(c)
decision of the Licensing Issuer is final; or
(d)
Order issued by the Officer is confirmed;
and the matters are not subject to any further review, including a review by any
court.
15.7 The Clerk shall no later than ten (10) days from the date of the Licensing Appeal
Tribunal's decision send a notice of the decision to:
(a)
the applicant;
16
(b)
each person who appeared in person or by Counsel or by agent at the
hearing and who filed with the Clerk a written request for notice of the decision.
15.8 An agent is permitted to appear on behalf of an applicant or a person who has
been issued an Order upon producing written authority.
15.9 A Licensing Appeal Tribunal conducting a hearing under this By-law does not
have jurisdiction to consider any question relating to the validity of a statute,
regulation or By-law including but not limited to the constitutional applicability or
operability of any statute, regulation, or By-law.
16. Demerit Point System
16.1 The demerit point system established on Schedule C to this By-law shall be used in
the consideration of the issuing, issuing with conditions, suspension, refusal to issue
and revocation of a licence.
16.2 A licensee shall accumulate demerit points as outlined in Column 3 of Schedule C
for a violation as outlined in Columns 1 and 2 of Schedule C as a result of a
conviction.
16.3 Demerit points accumulated by a licensee shall remain in place against the
licensee for a period of two (2) years from the date the demerit points were imposed.
17. Orders
17.1 If an Officer has reasonable grounds to believe that a contravention of this By-law
has occurred, the licence, or the terms and conditions of a licence have not been
complied with, the Officer may make an Order requiring the person, to:
(a)
discontinue the contravening activity,
(b)
do or take any action to correct the contravention.
17.2 An Order under Section 17.1 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention;
(b)
the location of the property on which the contravention occurred; and
(c)
either:
(i)
in the case of an Order under Section 17.1 (a), the date by which there
must be compliance with the Order; or
(ii)
in the case of an Order under Section 17.1 (b), the action to be done and
the date by which the action must be done.
17
17.3 An Order made under this By-law shall be served to:
(a)
the person the Officer believes contravened this By-law, a licence, or the
terms and conditions of a licence; and
(b)
such other persons affected by the Order as the Officer making the Order
determines.
17.4 An Order under Section 17.1 (b) may require work to be done even though the
facts which constitute the contravention of this By-law were present before this By-
law came into effect.
17.5 An Order under this By-law that is not appealed within the time referred to in
Section 14.1 (b) shall be final and not subject to further review.
17.6 In default of any work required by an Order under Section 17.1 (b) being done by
the person directed or required to do it, the work may be done by the Township
at the person's expense. For the purposes of this section, the Township and its
employees, contractors, suppliers of goods and services, agents and
representatives may enter upon property at any reasonable time.
18. Service
18.1 A document, notice, decision or Order issued in accordance with this By-law, shall
be served using one or more of the following methods of service noted in Column
A below and is deemed served on the date noted in Column B below:
COLUMN A
Method of Service
COLUMN B
Deemed Date of Service
Personal
Date personally delivered to person to whom it is
addressed
Posted in a
conspicuous place on
the property
Date posted on the property
Email
Date email is sent to the person's last known email
address
Regular/Registered
Mail
Seven (7) days after the date of mailing to the
person's last known mailing address
18.2 For the purposes of this By-law, a person's last known address and electronic
mail address includes an address and electronic mail address provided by the
person to the Township as may be required by an application, form, practice or
policy under this By-law and includes a tax roll address.
18.3 Where service is affected by multiple methods, the date of service shall be on the
earliest applicable date.
19. Enforcement and Penalty Provisions
18
19.1 The enforcement of this By-law shall be conducted by an Officer.
19.2 An Officer may enter on the property at any reasonable time for the purpose of
carrying out an inspection to determine whether or not:
(a)
the By-law is complied with;
(b)
a licence, or the terms and conditions of a licence are complied with;
(c)
a direction or Order of the Township pursuant to the Municipal Act, 2001,
S.O. 2001, c.25, as amended, or made under this By-law is complied with; or
(d)
an Order pursuant to Section 431 of the Municipal Act, 2001, S.O. 2001,
c.25, as amended, is complied with.
19.3 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)
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.
19.4 All documents and records shall be kept in a good and business-like manner for
review by an Officer at their request.
19.5 A sample taken under this By-law shall be divided into two parts, and one part
shall be delivered to the person from whom the sample is taken, if the person so
requests at the time the sample is taken and provides the necessary facilities.
19.6 If a sample is taken under this By-law and the sample has not been divided into
two parts, a copy of any report on the sample shall be given to the person from
whom the sample was taken.
19.7 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.
19.8 Every person who contravenes any provision of this By-law, including failing to
comply with an Order issued pursuant to this By-law, or an Order issued pursuant
to Section 431 of the Municipal Act, 2001, S.O. 2001, as amended, is guilty of an
19
offence and is liable to a fine, and such other penalties, as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, and the Municipal Act,
2001, S.O. 2001, as amended.
19.9 Any person who is charged with an offence under this By-law or an Order issued
pursuant to this By-law, or an Order issued pursuant to Section 431 of the
Municipal Act, 2001, S.O. 2001, as amended, or every director or officer of a
corporation, who knowingly concurs in the contravention by the laying of an
information under Part III of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended, is guilty of an offence and if found guilty of the offence is liable pursuant
to the Municipal Act, 2001, S.O. 2001, as amended, to the following:
(a)
on a first offence, to a fine not more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not more than
$100,000.00
19.10 Every person who is issued a Part 1 offence notice or summons and is convicted
of an offence under this By-law shall be subject to a fine, to a maximum as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
19.11 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
19.12 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.
19.13 Upon conviction any penalty imposed under this By-law may be collected under
the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
19.14 If a person convicted of an offence for contravening a provision of this by-law or
an Order made under this by-law, the court in which the conviction has been
entered, and any court of competent jurisdiction thereafter, may order the person,
to correct the contravention in such manner and within such period as the court
considers appropriate including prohibiting the continuation or repetition of the
contravention.
19.15 A court or hearing officer may, in the absence of evidence to the contrary, infer
that a listing on a platform or a public advertisement to the effect, and by any
means, is proof that the property is being rented or offered for rent as a short-
term rental accommodation or a bed and breakfast establishment. For
greater certainty, a witness need not possess special or expert knowledge for the
court or hearing officer to make any such inference.
19.16 The rights of entry onto a property under this By-law, does not include entry into a
dwelling unit unless consent of the owner(s) of the property has been obtained,
or entry in accordance with the Fire Protection and Prevention Act, 1997, S.O.
20
1997, c. 4, as amended, or a warrant has been issued.
20. Administrative Monetary Penalties
20.1 The Administrative Monetary Penalty System By-law 2025-81, as amended,
applies to this By-law. Every person who contravenes a provision of this By-law
designated in Schedule B of By-law 2025-81, as amended, shall upon the issuing
of a penalty notice be and is liable to pay to the Township an administrative
monetary penalty in the amount set out in By-law 2025-81, as amended.
21. Severability
21.1 If a court of competent jurisdiction declares any section or part of this By-law
invalid, it is the intention of Council that the remainder of this By-law shall
continue in force unless the court makes an order to the contrary.
22. Interpretation
22.1 In this By-law, unless the context otherwise requires words importing the singular
shall include the plural, where applicable.
22.2 Any reference to legislation, regulations, by-laws or policies in this By-law shall be
interpreted to include all amendments and any successor legislation, regulation,
by-law or policy thereof.
22.3 Any reference to an Act includes its regulations.
23. Schedules
23.1 The Schedules attached to this By-law form part of this By-law.
24. Effective Date
24.1 This By-law shall take effect on January 30, 2027.
By-law read a first, second and third time, and passed this day of 2026.
The Corporation of the
Township of Centre Wellington
________________________________
Mayor, Shawn Watters
________________________________
Clerk, Kerri O'Kane
21
Schedule A to By-law 2026-XXX for
The Corporation of the Township of Centre Wellington
1.
In addition to the licensing requirements set out in Section 5.1 of this By-law an
applicant for a short-term rental accommodation licence shall submit to the
satisfaction of the Licence Issuer the following:
(a)
A septic system inspection report prepared by a qualified person
(Professional Engineer or Installer/Designer holding a BCIN Number
registered through the Province of Ontario) confirming that the septic system
is in good working order, if the property is not serviced and connected to
Township water and sewer services.
(b)
A site plan to scale of the property that includes:
i)
the location of all buildings, well, septic system and any of its
components on the property and related setbacks from the property
lines;
ii)
the location and dimensions of the parking area:
a.
illustrating each parking space with dimensions;
b.
a minimum number of parking spaces as required by the
Township's Zoning By-law;
iii)
the location of the driveway access to the parking area;
iv)
the location and dimensions of the outdoor amenity area(s) including
decks;
v)
the location of fencing, landscaping or other buffering;
vi)
waste container storage area;
vii)
the civic address and legal description of the property;
viii) a photograph of the front of the dwelling unit;
(c)
A floor plan of the dwelling unit with dimensions illustrating an emergency
evacuation plan (fire escape route) inclusive of each bedroom that conforms
to the standards of the Ontario Building Code, and illustrates the location of
smoke alarms and carbon monoxide alarms, fire extinguishers, exit/egress
doors and windows, gas and electric appliances, fireplaces and fuel burning
appliances;
(d)
An electrical inspection report issued and performed by a licensed electrical
contractor dated within five (5) years of submitting an application;
(e)
An HVAC inspection report issued and performed by a HVAC Technician
dated within five (5) years of submitting an application;
(f)
Upon filing an initial application, a Wood Energy Technical Transfer (WETT)
report issued and performed by a WETT inspector where there is wood
burning appliances;
22
(g)
Evidence of insurance:
i)
showing a minimum liability limit of no less than two million dollars
($2,000,000) per occurrence for property damage and bodily injury (or
similar coverage approved by the Township) with an endorsement that
covers a short-term rental being operated on the property;
ii)
the insurance coverage referenced in this paragraph shall be
maintained by the licensee at all times while the property is licensed;
(h)
where the application is for a unit in a condominium, a letter of
acknowledgement and authorization regarding the operation of a short-term
rental accommodation from the Condominium Board;
(i)
Responsible Person Acknowledgement and Consent Form;
(j)
Acknowledgement of Renter's Code of Conduct.
2.
In addition to the licensing requirements set out in Section 5.1 of this By-law the
issuing of a short-term rental accommodation licence is subject to the
satisfaction of the Licence Issuer of the following:
(a)
Compliance with Township By-laws, applicable provincial and federal
legislation, as may be amended, including but not limited to:
i)
Township's:
a. Zoning By-law;
b. Property Standards By-law;
c. Clean Yards By-law;
ii)
Fire Protection and Prevention Act;
iii)
Building Code Act.
(b)
Posting of an emergency evacuation plan (fire escape route) that is plaqued
or framed, inclusive of each bedroom, and illustrates the location of smoke
alarms and carbon monoxide alarms fire extinguishers, and exit/egress doors
and windows.
(c)
an inspection being conducted by an Officer and the Fire Chief.
3.
Where the Township is required to conduct an additional inspection(s)
subsequent to the initial inspection, the applicant shall pay the Township a re-
inspection fee as outlined in the Fees and Charges By-law.
Terms and Conditions
4.
A licensee of a short-term rental accommodation shall:
(a)
display the licence in a conspicuous place on the licensed property in close
proximity to the entrance of the property and visible to the public at all times;
23
(b)
display the licence in a prominent place on the interior of the dwelling unit;
(c)
be responsible for the operation of the property, the conduct of the renter of
the property.
(d)
maintain the posting of the emergency evacuation plan (fire escape route)
and ensure each smoke alarm, carbon monoxide alarm, and fire extinguisher
is in good working order and installed and maintained in accordance with the
Fire Code;
(e)
comply with the maximum occupancy limit stated on the licence;
(f)
not rent a bedroom that was not included and approved through the issuing
of a licence;
(g)
not because of race, colour, creed, gender or sexual orientation, discriminate
against any person in the carrying on, conducting or operating of a short-
term rental accommodation;
(h)
have a responsible person available twenty-four (24) hours a day, seven (7)
days a week to:
i)
respond within thirty (30) minutes of being contacted or notified by the
Township, or an agent or representative of the Township, or an
Officer; and
ii)
attend the property within one (1) hour of being contacted or notified by
the Township, or an agent or representative of the Township, or an
Officer, where the initial complaint has not been resolved or a second
complaint is received.
(i)
maintain the property, and operate in accordance with this By-law and:
i)
any Township By-laws including the:
a. Zoning By-law;
b. Property Standards By-law;
c. Sale and Discharge of Fireworks By-law;
d. Open Air Burning By-law;
e. Animal Control By-law;
f. Noise By-law;
g. Parking By-law;
h. Clean Yards;
ii)
the County of Wellington Curbside Collection By-law;
iii)
the Fire Protection and Prevention Act;
iv)
the Building Code Act;
v)
the Electricity Act;
vi)
all other applicable federal and provincial legislation.
(j)
obtain and retain an executed copy of the Renter's Code of Conduct from
24
each renter;
(k)
maintain a register that keeps record of the following:
i) the date of entry;
ii) name, home address and phone number of the renter;
iii) the length of stay and the number person(s) including the renter(s);
iv) confirmation including the date of receipt of the Renter's Code of Conduct
by the renter;
(l)
maintain the records required by subsection (j) and (k) for a minimum of three
(3) years;
(m) include the current licence number on all:
i) advertisement materials;
ii) website;
iii) rental agreements entered into with a renter;
(n)
maintain insurance coverage in accordance with the provisions of this By-law;
(o)
not host a party, wedding, reception, event, gathering or any other similar
activity on the property.
25
Schedule B to By-law 2026-XX for
The Corporation of the Township of Centre Wellington
1.
In addition to the licensing requirements set out in Section 5.1 of this By-law an
applicant for a bed and breakfast establishment licence shall submit to the
satisfaction of the Licence Issuer the following:
(a)
A septic system inspection report prepared by a qualified person
(Professional Engineer or Installer/Designer holding a BCIN Number
registered through the Province of Ontario) confirming that the septic system
is in good working order, if the property is not serviced and connected to
Township water and sewer services.
(b)
A site plan to scale of the property that includes:
i)
the location of all buildings, well, septic system and any of its
components on the property and related setbacks from the property
lines;
ii)
the location and dimensions of the parking area:
a.
illustrating each parking space with dimensions;
b.
a minimum number of parking spaces as required by the
Township's Zoning By-law;
iii)
the location of the driveway access to the parking area;
iv)
the location and dimensions of the outdoor amenity area(s) including
decks;
v)
the location of fencing, landscaping or other buffering;
vi)
waste container storage area;
vii)
the civic address and legal description of the property;
viii) a photograph of the front of the dwelling unit;
(c)
A floor plan of the dwelling unit with dimensions illustrating an emergency
evacuation plan (fire escape route) inclusive of each bedroom that conforms
to the standards of the Ontario Building Code, and illustrates the location of
smoke alarms and carbon monoxide alarms, fire extinguishers, exit/egress
doors and windows, gas and electric appliances, fireplaces and fuel burning
appliances;
(d)
An electrical inspection report issued and performed by a licensed electrical
contractor dated within five (5) years of submitting an application;
(e)
An HVAC inspection report issued and performed by a HVAC Technician
dated within five (5) years of submitting an application;
(f)
Upon filing an initial application, a Wood Energy Technical Transfer (WETT)
report issued and performed by a WETT inspector where there is wood
burning appliances;
26
(g)
Documentation that the owner uses the property as its primary residence;
(h)
Evidence of insurance:
i)
showing a minimum liability limit of no less than two million dollars
($2,000,000) per occurrence for property damage and bodily injury (or
similar coverage approved by the Township) with an endorsement that
covers a short-term rental being operated on the property;
ii)
the insurance coverage referenced in this paragraph shall be
maintained by the licensee at all times while the property is licensed;
2.
In addition to the licensing requirements set out in Section 5.1 of this By-law the
issuing of a bed and breakfast establishment licence is subject to the
satisfaction of the Licence Issuer of the following:
(a)
Compliance with Township By-laws, applicable provincial and federal
legislation, as may be amended, including but not limited to:
i)
Township's:
a. Zoning By-law;
b. Property Standards By-law;
c. Clean Yards By-law;
ii)
Fire Protection and Prevention Act;
iii)
Building Code Act.
(b)
Posting of an emergency evacuation plan (fire escape route) that is plaqued
or framed, inclusive of each bedroom, and illustrates the location of smoke
alarm and carbon monoxide alarms, fire extinguishers, exit/egress doors and
windows.
(c)
an inspection being conducted by an Officer and the Fire Chief.
3.
Where the Township is required to conduct an additional inspection(s)
subsequent to the initial inspection, the applicant shall pay the Township a re-
inspection fee as outlined in the Fees and Charges By-law.
Terms and Conditions
4.
A licensee of a bed and breakfast establishment shall:
(a)
display the licence in a conspicuous place on the licensed property in close
proximity to the entrance of the property and visible to the public at all times;
(b)
display the licence in a prominent place on the interior of the dwelling unit;
(c)
be responsible for the operation of the property, the conduct of the renter of
the property;
(d)
maintain the posting of the emergency evacuation plan (fire escape route)
27
and ensure each smoke alarm, carbon monoxide alarm, and fire extinguisher
is in good working order and installed and maintained in accordance with the
Fire Code;
(e)
be on site at the property during the stay of a renter;
(f)
comply with the maximum occupancy limit stated on the licence;
(g)
not rent a bedroom that was not included and approved through the issuing
of a licence;
(h) not because of race, colour, creed, gender or sexual orientation, discriminate
against any person in the carrying on, conducting or operating of a bed and
breakfast establishment;
(i)
maintain the property, and operate in accordance with this By-law and:
i)
any Township By-laws including the:
a. Zoning By-law;
b. Property Standards By-law;
c. Sale and Discharge of Fireworks By-law;
d. Open Air Burning By-law;
e. Animal Control By-law;
f. Noise By-law;
g. Parking By-law;
h. Clean Yards By-law;
ii)
the County of Wellington Curbside Collection;
iii)
the Fire Protection and Prevention Act;
iv)
the Building Code Act;
v)
the Electricity Act;
vi)
all other applicable federal and provincial legislation.
(j)
maintain a register that keeps record of the following:
i)
the date of entry;
ii)
name, home address and phone number of the renter;
iii)
the length of stay and the number of person(s) including the renter;
(k)
maintain the records required by subsection (j) for a minimum of three (3)
years;
(l)
include the current licence number on all:
i) advertisement materials;
ii) website;
iii) rental agreements entered into with a renter;
(m) maintain insurance coverage in accordance with the provisions of this By-law;
28
(n)
not host a party, wedding, reception, event, gathering or any other similar
activity on the property.
29
Schedule C to By-law 2026-XXX for
The Corporation of the Township of Centre Wellington
Demerit Point System
1.
For the purposes of Section 16 of this By-law:
(a)
Column 1 in the following table lists the provisions of this By-law that are
hereby designated as being subject to the demerit point system;
(b)
Column 2 in the following table sets out the nature of the violation;
(c)
Column 3 in the following table sets out the demerit points imposed for a
conviction.
Column 1
Designated
Provision
Column 2
Nature of Violation
Column 3
Demerit
Points
Section 4.1 or 4.2
Operate without a Licence
6
Section 4.3
Terms and Conditions of Licence - Fail to Display Licence
3
Section 4.3
Terms and Conditions of Licence - Fail to Maintain Posting of
Fire Safety Instructions
4
Section 4.3
Terms and Conditions of Licence - Exceed Maximum
Occupancy
5
Section 4.3
Terms and Conditions of Licence - -Responsible Person fail to
respond within required time
5
Section 4.3
Terms and Conditions of Licence - Responsible Person fail to
attend within required time
5
Section 4.3
Terms and Conditions of Licence - Fail to be on site of property
5
Section 4.3
Terms and Conditions of Licence - Zoning By-law Violation
6
Section 4.3
Terms and Conditions of Licence - Property Standards By-law
Violation
5
Section 4.3
Terms and Conditions of Licence - Discharge of Fireworks By-
law Violation
5
Section 4.3
Terms and Conditions of Licence - Open Air Burning By-law
Violation
5
Section 4.3
Terms and Conditions of Licence - Animal By-law Violation
6
Section 4.3
Terms and Conditions of Licence - Noise By-law Violation
5
Section 4.3
Terms and Conditions of Licence - Waste Collection By-law
Violation
2
Section 4.3
Terms and Conditions of Licence - Fire Protection and
Prevention Act/Fire Code Violation
8
Section 4.3
Terms and Conditions of Licence - Building Code Act Violation
8
Section 4.3
Terms and Conditions of Licence - Other Township By-law
Violation, Federal or Provincial legislation Violation
3
Section 4.3
Terms and Conditions of Licence - Failure to obtain or retain
3
30
records
Column 1
Designated
Provision
Column 2
Nature of Violation
Column 3
Demerit
Points
Section 4.3
Terms and Conditions of Licence - Failure to include Licence
Number on advertisement, website or on rental agreements
3
Section 4.3
Terms and Conditions of Licence - Discriminate against a
Person
4
Section 4.3
Terms and Conditions - Fail to Comply
4
Section 4.4 or 4.5
Advertise without a Licence
6
Section 4.6
Alter or Modify Licence
3
Section 4.7
Use or Attempt Use Licence Issued to another Person
4
Section 4.8
Own, Operate or Carry on Business in name other than name on
Licence
3
Section 4.9
Make false statement in documents required by By-law
6
Section 4.10
Township By-law, County By-law or Federal or Provincial
legislation violation applicable to the property
4
Section 4.11
Fail to comply with Renter's Code of Conduct
5
Section 4.12
Remove an Order posted on the property
3
Section 4.13
Fail to Comply with an Order
4
Section 19.11
Hinder or Obstruct Officer
5