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THE CORPORATION OF THE MUNICIPALITY OF EAST FERRIS
BY-LAW NO. 2022-36
BEING A BY-LAW TO LICENSE AND REGULATE THE USE OF SHORT TERM
RENTALS IN THE MUNICIPALITY OF EAST FERRIS
WHEREAS the Council of the Municipality of East Ferris may, pursuant to the Municipal Act,
2001, S.O. 2001, c.25. as amended, ("The Municipal Act"), enact by-laws for the licensing,
regulating and governing of businesses and occupations in the Municipality of East Ferris;
AND WHEREAS pursuant to Section 10 of the Municipal Act, a municipality has the
authority to implement business licensing in the interest of health and safety, well-being of
persons, consumer protection and nuisance control;
AND WHEREAS Sections 390 to 400 of the Municipal Act enables a municipality to pass
By-laws for imposing fees or charges to permits and services provided or done by them;
AND WHEREAS pursuant to Section 434.1 of the Municipal Act, a municipality has the
authority to impose a system of administrative penalties and fees as an additional means of
encouraging compliance with this by-law;
AND WHEREAS Section 436 of the Municipal Act permits a municipality to pass by-laws
providing that the municipality may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine compliance with a by-law direction, order or license;
AND WHEREAS Section 444 of the Municipal Act provides that if a municipality is satisfied
that a contravention of a by-law of the municipality passed under this Act has occurred, the
municipality may make an order requiring the person who contravened the by-law or who
caused or permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity;
AND WHEREAS the Council of the Corporation of the Municipality of East Ferris deems it
desirable that such licensing and regulation takes place with regard to Short Term Rental
Accommodations as defined in this By-law;
AND WHEREAS, Council has enacted Zoning By-law 2021-60 under the provisions of the
Planning Act, R.S.O. 1990, c. PI3, as amended, with respect to Short Term Rental
Accommodations within the municipality and having done so desires to provide for a system
of licensing to implement said policies and provisions;
AND WHEREAS pursuant to Section 151 of the Municipal Act, Council is exercising its
authority to provide for a system of licensing with respect to Short Term Rental
Accommodation businesses;
NOW THEREFORE the Council of the Corporation of the Municipality of East Ferris enacts
as follows:
1.0
Definitions
For the purpose of this by-law:
Accessory Building or Structure shall mean a building or structure, which is normally
incidental or subordinate and located on the same lot as the primary use.
Fee shall mean a Fee as set forth in this by-law and is non-refundable.
License shall mean the License issued under this by-law.
Licensee shall mean a person who holds a License or is required to hold a License
under this by-law.
Mobile Home shall mean a dwelling unit designed to be made mobile and constructed to
provide a permanent use for one or more persons. A mobile home, by definition, does
not include recreational vehicles such as a travel trailer, tent trailer, or trailer otherwise
designed.
Municipality shall mean the Municipality of East Ferris.
Officer shall mean any person appointed by the Municipality of East Ferris to carry out
by-law enforcement work or any other person legally permitted to enforce by-laws such
as a police officer.
Second Unit shall mean a separate and permanent self-contained unit located in the
same building or on the same lot as the principal dwelling. This shall also include Coach
Houses, as defined by the Zoning By-law.
Short Term Rental shall mean the use of a single detached dwelling or part of a single
detached dwelling that operates or offers a place of temporary residence, lodging, or
occupancy by way of concession, permit, lease, license, rental agreement, or similar
arrangement for overnight stay for a period of not more than 28 days in exchange for
payment or service. Bed and breakfast establishments, camps, campgrounds, group
homes, hotels, mobile home parks, retirement homes, and tourist trailer parks, all as
defined in the Municipality of East Ferris Zoning By-Law, shall not be considered Short
Term Rentals.
Single Detached Dwelling shall mean a building comprised of one dwelling unit.
Tourist or Travel Trailer or Recreational Vehicle shall mean a tent trailer, truck
camper, Recreational Vehicle (RVs) or house trailer that is used or intended to be used
for a short term and is located or parked for a temporary or seasonal period.
Zoning By-law shall mean Municipality of East Ferris Zoning By-law 2021-60, the
Comprehensive Zoning By-law for the Municipality of East Ferris, or its successor.
2.0
Administration
2.1
This by-law shall be administered by the Municipality.
2.2
Officers shall be responsible for the enforcement of this by-law.
2.3
Upon receipt of an application for License, the Municipality shall review the
application in the context of this by-law and either issue a License or provide a
written explanation of why the application fails to meet the criteria for a License.
This shall be completed within 15 business days. The Director of Community
Services for the Municipality is provided the authority by the Municipality to issue
a license under this by-law.
2.4
The Municipality shall keep a public record of issued Licenses on the
Municipality's website, including the property address, contact information of a
representative for the Short Term Rental, and the parameters under which the
Short Term Rental has been Licensed, including operating times.
2.5
The Licensee is responsible for all fees and fines related to the operation of a
Short Term Rental under this by-law.
2.6
Licenses must be renewed annually by the Licensee.
2.7
A License issued under this by-law is not transferrable and shall not be used by
any person other than the person who was issued the License. A new owner or
operator of a property is required to obtain their own License.
2.8
No License shall be issued without receipt of the licensing fee as shown on
Schedule A to this by-law.
2.9
Fines shall be issued by Officers for contraventions of this by-law in accordance
with Schedule B of this by-law.
2.10
A fine shall be considered a strike against the Licensee for the purpose of this by-
law. Receiving 2 strikes within the term of the License shall result in the License
being revoked for the remainder of the calendar year and shall prevent a License
being issued for the property for the following calendar year, regardless of a
change in applicants. No refund of license fees.
2.11
Only one License may be active for any property at any given time.
3.0
Prohibitions
3.1
No person shall use or operate any Short-Term Rental unless they hold a current
license issued pursuant to this By-law.
3.2
No person shall advertise a Short-Term Rental for rent during a month that is not
permitted by their License. Advertisements may be active in non-rental months,
provided they are only advertising the ability to rent during the months permitted
by the License.
3.3
No person shall rent out a Short Term Rental outside of the period specified
under the provisions of section 4.4 of this by-law.
3.4
No person shall permit more than 2 persons per bedroom to occupy the Short
Term Rental. A pull-out couch, or similar sleeping arrangement, can provide for a
maximum of 2 additional guests beyond what the number of bedrooms would
allow. Only 2 additional guests per Short Term Rental are permitted regardless of
the number of pull-out couches or other sleeping arrangements present on site.
This must be outlined in the application for License.
3.5
No licensee shall rent any Short-Term Rental with accommodations other than
related to the bedrooms outlined in the application as per section 3.4 of this by-
law.
3.6
The provisions of this by-law shall not apply when the property is being used for
personal use by the owner.
3.7
No person shall contravene any municipal by-law while occupying a Short Term
Rental.
3.8
No person shall advertise a Short Term Rental on a website or in any place that
is not listed on their application.
3.9
No person shall operate a Short Term Rental with a License that has been
revoked by the Municipality.
4.0
License and Term
4.1
The License shall be valid for up to a maximum of 1 calendar year but shall
expire on December 31st of any given year, regardless of how long the license
has been active.
4.2
The License shall expire upon the sale of a property that is being used as a Short
Term Rental.
4.3
A License shall not be transferred or assigned to any other party and is only valid
for the person who was issued the License.
4.4
Within the calendar year that the License is issued for, a Short Term Rental shall
only operate for up to 3 or 5 calendar months within that year, depending on
which type of License is granted.
4.4.1 The chosen 3 or 5 months must be selected at the time of the application
for License and shall not be altered, with the exception of applying for a
new License.
4.4.2 A Short Term Rental shall not be used for more than 3 or 5 months within
a calendar year regardless of changes in ownership of a property or any
other factors.
4.4.3 The chosen 3 or 5 months must be full calendar months and cannot be
custom date ranges. However, these months do not need to be
consecutive months (e.g., May, July, and September may be the chosen 3
months)
4.4.4 The operating months shall be posted on the public registry on the
municipality's website.
4.4.5 A License shall only be granted for a 3 or 5 month period and will not be
issued on a monthly basis.
4.5
No License shall be issued for any property that has outstanding fines, penalties,
judgements, or any other amounts owing against the property under this or any
other by-law.
4.6
No License shall be issued for any property that has outstanding taxes owing to
the municipality.
4.7
Every person who operates a Short Term Rental shall display the License on the
backside of the main door to the Short Term Rental.
4.8
A License shall not be granted to a corporation and an application shall not be
made by a corporation.
4.9
The Municipality may revoke a license if it was issued in error or granted based
on incorrect or false information.
5.0
General Provisions
5.1
No person shall permit a Tourist or Travel Trailer or Recreational Vehicle to be
located on a property used as a Short Term Rental.
5.2
No person shall use a Second Unit for a Short Term Rental.
5.3
No person shall use an accessory building or structure as a Short Term Rental.
5.4
Short Term Rentals are only permitted within single detached dwellings, which
does not include a Mobile Home
5.5
All operators of Short Term Rentals shall keep garbage in appropriately sealed
containers as per the East Ferris Municipal Waste Management By-law and must
be put out no earlier than 6:00pm on the evening before the day of pick up and
no later than 7:00am on the day of pick up. Any garbage not picked up must be
removed by the Licensee at 8:00pm on the day of pick up. This provision is
subject to change based on amendments to the Municipal Waste Management
By-law.
5.6
Parking shall be provided at a rate of 1 space per bedroom, with one additional
space being required if additional guests are permitted as per section 3.4 of this
by-law. Parking spaces must meet the size requirements of the zoning by-law. All
parking must be provided on the property.
5.7
Any additional garbage disposal that is required beyond what is picked up by the
municipality is the responsibility of the Licensee. The Licensee shall arrange for
disposal at the landfill on the first available date the landfill is open.
5.8
Tents are permitted on the site of a Short Term Rental; however, no person shall
use tents to increase the maximum permitted number of occupants of the Short
Term Rental as defined by Section 3.4 of this by-law.
5.9
No person shall permit an event at the location of a Short Term Rental which
exceeds the capacity limits. Events are permitted at the location of a Short Term
Rental with a maximum capacity of twice the number of permitted occupants
stipulated in Section 3.4. The maximum occupancy for overnight accommodation
does not change as a result of this provision. For greater clarity, if 10 persons are
permitted based on occupancy then the maximum guests at an event would be
20 persons inclusive of the initial 10 permitted.
6.0
Inspection
6.1
Prior to the issuance of a License, an inspection of the property shall take place
by the Municipality. This inspection shall be done by any staff deemed necessary
to confirm compliance with the following:
6.1.1 Ontario Building Code Act, 1992, S.O. 1992 c.23
6.1.2 Ontario Fire Protection and Prevention Act, 1997, S.O. 1997, c.4
6.1.3 East Ferris Property Standards By-law
6.1.4 East Ferris Zoning By-law
6.1.5 Any other relevant by-law or municipal policy related to the operation of a
Short Term Rental
6.2
The renewal of a License may not require a physical site visit if the parameters of
the License remain consistent from year to year. This will be at the discretion of
the Municipality.
6.3
Confirmation that the septic system for the property is adequately sized and is in
working order shall be required as part of the inspection process. This shall
require a copy of the septic permit as proof that the system is designed to
accommodate the intended number of guests for the Short Term Rental.
6.4
If the septic system is deemed to be inadequate for the intended capacity of the
Short Term Rental based on the septic permit submitted, or if it is in a state of
disrepair, no License shall be issued for a Short Term Rental on the property. A
License may be issued once an updated septic permit is submitted that properly
reflects the intended capacity and/or it is adequately functioning.
6.5
An Officer may at any reasonable time inspect a property where a License has
been issued under this By-law to determine ongoing compliance with this By-law.
7.0
Application Requirements
7.1
A completed application form, as provided by the municipality, is required prior to
the issuance of a License under this By-law. The application requirements
include, but are not limited to:
7.1.1 Proof of ownership of the property
7.1.2 Contact information for a person who can be a public contact on behalf of
the Short Term Rental and who can be readily contacted within thirty (30)
minutes and respond to an emergency or contravention of any municipal
by-law including attendance on site of the Short Term Rental dwelling
within one (1) hour of being notified of the occurrence. This contact
information shall be posted publicly on the municipality's website. The
contact information shall come in the form of both an email and phone
number along with the contact person's name.
7.1.3 Proof of commercial insurance with a minimum of $2 million liability
coverage covering the chosen 3 months that the rental is active.
7.1.4 A site plan showing the locations of all buildings and structures on site
including the parking layout.
7.1.5 A floor plan of the Short Term Rental showing all bedrooms and sleeping
accommodations and indicating the maximum capacity based on the
provisions of this by-law.
7.1.6 A listing of all websites or any other places that the Short Term Rental will
be listed for rent.
7.1.7 Proof that the septic system is an adequate size based on the intended
number of guests. This shall be in the form of a copy of the septic permit.
7.1.8 A plan of how the Licensee plans to make renters aware of local by-laws
and their obligations under this by-law.
7.1.9 A waste collection plan. The Licensee must detail how they will ensure
that garbage is collected and placed for pick up in accordance with
section 5.5 of this by-law.
7.1.10 Renters shall be provided with a copy of the Municipality's Noise By-Law,
Open Air Burning By-Law, and Waste Management By-Law.
8.0
Fines
8.1
Every Person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act R.S.O. 1990, Chapter P.33, as amended.
8.2
Every person who contravenes any provision of this by-law is guilty of an offence
and on conviction liable to a fine not exceeding $25,000 for a first offence and
$50,000 for any subsequent offence.
8.3
In addition to any other penalty prescribed by this by-law, any person who
contravenes any provision of this by-law is guilty of an offence and is liable to a
fine or penalty for each offence established pursuant to the Provincial Offences
Act and is set out on Schedule "B" forming an integral part of this by-law.
8.4
Each day a contravention occurs constitutes a new offence.
9.0
Collection of Unpaid Fines
9.1
Pursuant to Section 441 of the Municipal Act, if any part of a fine for a
contravention of this by-law remains unpaid after the fine becomes due and
payable under Section 66 of the Provincial Offences Act, R.S.O. 1990, c P.33,
("Provincial Offences Act") including any extension of time for payment ordered
under that Section, the Municipality may give the person against whom the fine
was imposed a written notice specifying the amount of the fine payable and the
final date on which it is payable, which shall be not less than 21 days after the
date of the notice. If the fine remains unpaid after the final date specified in the
notice, the fine is deemed to be unpaid taxes pursuant to Section 351 of the
Municipal Act and may be added to the Owner's tax roll and collected in the same
manner as Property taxes.
10.0
Severability
10.1
If any provision of this By-law is for any reason held to be invalid by a decision of
a court, all remaining provisions shall be valid and shall remain in full force and
effect.
11.0
Transitional Clause
11.1
Notwithstanding the illegal status of existing Short Term Rentals and recognizing
that Short Term Rentals have never been permitted under Zoning By-law 1284 or
its successor Zoning By-law 2021-60, except in specific accordance with this by-
law, the municipality is enacting a transitional clause as follows:
11.1.1 There shall be a three week period from the date of the passing of this by-
law in which applications will be accepted to determine the eligibility of
existing properties for a Short Term Rental License.
11.1.2 After the expiration of the three week period following the passing of this
by-law, any properties not issued a License under this by-law may be
subject to ongoing fines as per Schedule B of this by-law.
11.1.3 This section of the by-law shall not imply any change in the legal status of
existing Short Term Rentals during the transitional period.
12.0
Schedules
12.1
Schedules "A" and "B" as attached form part of this by-law.
13.0
Appeal
13.1
A Licensee may request a review by the Municipality's Chief Administrative
Officer (CAO) of a decision to revoke or fail to renew a license by requesting a
review in writing within fourteen (14) days of having received the notice of refusal,
suspension, or revocation. The review will be completed by the CAO within ten
(10) business days and his/her decision shall be final.
14.0
Date of Effect
14.1
This by-law shall come into effect on the date that it receives 3rd reading by the
Council for the Corporation of the Municipality of East Ferris
15.0
Repeal and Replace
15.1
That By-law 2022-23 be repealed in its entirety and replaced with this by-law.
READ A FIRST AND SECOND time this 28th day of June, 2022.
READ A THIRD TIME, AND FINALLY passed this 28th day of June, 2022.
____________________________
Mayor
Pauline Rochefort
____________________________
Clerk
Monica L. Hawkins
THE CORPORATION OF THE MUNICIPALITY OF EAST FERRIS
SCHEDULE "A" TO BY-LAW 2022-36
Licensing Fees
Item
Fee
Short Term Rental License (3 month)
$750.00
Short Term Rental License (5 month)
$1000.00
Mayor
Clerk
Pauline Rochefort
Monica L. Hawkins
THE CORPORATION OF THE MUNICIPALITY OF EAST FERRIS
BY-LAW NO. 2022-36
BEING A BY-LAW TO LICENSE AND REGULATE THE USE OF SHORT TERM RENTALS IN THE MUNICIPALITY OF EAST FERRIS
SCHEDULE "B" TO BY-LAW 2022-36
Part 1 / Provincial Offences Act - Set Fines
Item
Short Form Wording
Provision Creating or
Defining Offence
Set Fines
1
Operate a Short Term Rental without a License
3.1
$500.00
2
Operate a Short Term Rental outside of the specified calendar months
3.3
$1000.00
3
Exceed the maximum occupancy as per the License requirements
3.4
$500.00
4
Operate a Short Term Rental with revoked License
3.9
$500.00
5
Failure to display a License
4.7
$100.00
6
Permit Tourist or Travel Trailers or Recreational Vehicles to be located on the property
5.1
$500.00
7
Operation of a Short Term Rental in a Second Unit
5.2
$500.00
8
Operation of a Short Term Rental in an Accessory Building or Structure
5.3
$500.00
9
Garbage put out before the specified time
5.5
$300.00
10
Use Outdoor tents or other sleeping accommodations on site
5.8
$300.00
11
Event at the location of a Short Term Rental in excess of permitted occupancy
5.9
$1000.00
Note: Penalty provision for the offences indicated above is Section 8.0 of By-Law 2022-36, as amended, a certified copy of which has been filed.
Mayor
Clerk
Pauline Rochefort
Monica L. Hawkins