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unofficial consolidation, the official version is held by the municipal clerk.
Consolidated to February 2025
Township of Georgian Bay
Office Consolidation
This is a consolidation of the Township's Short-Term Rental By-
law being By-law No. 2023-116, as amended. This is an
electronic reproduction made available for reference and
information purposes only. It is not an official version of the By-law.
Official versions of all by-laws can be obtained by contacting the
Clerks Department at (705) 538-2337 or [email protected].
If there are any discrepancies between this consolidation and By-
law No. 2023-116, as amended, the By-law(s) shall prevail.
By-law No. 2023-116, as amended by
By-law No.
Amendments
Date Enacted
2025-011
Red Strike Outs = Removed
Yellow Highlights = Added
February 3, 2025
By-law 2023-116
Page 2 of 23
THE CORPORATION OF
THE TOWNSHIP OF GEORGIAN BAY
BY-LAW 2023-116
Being a By-law to register, regulate and govern
Short-Term Rentals ("STR") in the Township of
Georgian Bay
(Short-Term Rentals)
WHEREAS the Council of the Township of Georgian Bay may, pursuant
to the Municipal Act, 2001, S.O. 2001, c.25. as amended, ("The
Municipal Act"), enact by-laws for the Registration regulation and
governing of businesses and occupations in the Township of Georgian
Bay; and
WHEREAS pursuant to Section 9 of the Municipal Act Part II, a
municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other
Act; and
WHEREAS pursuant to Section 10 of the Municipal Act, a municipality
has the authority to implement business licencing 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 register; 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
By-law 2023-116
Page 3 of 23
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 Township of Georgian
Bay deems it desirable that such registration, regulation, and governing
takes place regarding Short-Term Rentals as defined in this By-law; and
WHEREAS pursuant to Section 151 of the Municipal Act, Council is
exercising its authority to provide for a system of registering, regulating,
and governing with respect to Short-term Rentals;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF GEORGIAN BAY ENACTS AS FOLLOWS:
1.
DEFINITIONS
For the purpose of this By-law:
1.1.
Administrative Penalty refers to a financial penalty, commonly
referred under an Administrative Monetary Penalty System
(AMPS), authorized under section 434.1 (1) of the Municipal Act,
2001, S.O. 2001, c. 25, issued to Person, Owner, Agent or
Licensee who has contravened or failed to comply with any
provision of a municipal by-law:
1.2.
Agent means a Person duly appointed by an Owner or the
Township to act on their behalf;
1.3.
Applicant means the Person applying for a Registration or
renewal of a registration under this By-law;
1.4.
Building means any enclosed structure on land or in water used
or intended to be used for shelter or the occupation of Persons,
animals, chattels, goods, materials or equipment, other than a
fence or wall. Building refers to the definition in the current
Township of Georgian Bay Zoning By-law;
1.5.
By-law
Enforcement
Officer
means
a
Municipal
Law
Enforcement Officer of the Corporation of the Township of
Georgian Bay who is dully appointed by the Council of the
Corporation for the purpose of enforcing the provisions of the
Corporation's By-laws.
By-law 2023-116
Page 4 of 23
1.6.
Commercial activities, for the purposes of this By-law, means
activities being hosted at subject property that involve costs or
monies for services provided (Examples: weddings, receptions,
retirement party, music event, etc.).
1.7.
Corporation means a body incorporated pursuant to the
Business Corporations Act, R.S.O. 1990 c. B. 16, or the
Corporations Act, R.S.O. 1990, c. C. 38;
1.8.
Day means any part of a calendar day;
1.9.
Dwelling Unit means a suite of habitable rooms located within
a Building and operated as a household unit, used, or intended
to be used exclusively as a domicile by one or more Persons that
contains cooking, dining, living, sleeping and sanitary facilities
exclusively for the use of the occupants. Dwelling Unit refers to
the definition in the current Township of Georgian Bay Zoning
By-law;
1.10. Dwelling means a residential Building designed for occupancy
by one or more Persons, containing no more than one Dwelling
unit as its principal use. Dwelling refers to the definition in the
current Township of Georgian Bay Zoning By-law;
1.11. Fee means a Fee payable under this By-law or the Fees and
Charges By-law, which may be amended from time to time, and
is not prorated.
1.12. Guest Log means a document, provided on the Township
website, which indicates date of inspection, name of person who
completed inspection, check in and check out date, number of
renters in dwelling during stay, confirmation that renters were
given and signed required documents, as well as smoke and
carbon monoxide alarm inspection after check-out.
1.13. Guest Room means a room, within a Dwelling, offered for Short-
term Rental intended primarily for overnight occupation, which
conforms to the standards for a bedroom, as set forth by the
Ontario Building Code; Guest Room means a room offered for
short-term
rental
accommodation
intended
primarily
for
overnight occupation, which conforms to the standards for a
bedroom, as set forth by the Ontario Building Code. A Guest
Room shall only include rooms within a Dwelling, Sleeping Cabin,
By-law 2023-116
Page 5 of 23
or Sleeping Area;
1.14. Light Rental Host means a Register who is operating a Short-
Term Rental for 21 or less days in a calendar year.
1.15. Officer means a Police Officer, Fire Inspector, Building
Inspector, Planner, or Municipal Law Enforcement Officer;
1.16. Owner means the Person holding title to the Property on which
the Short-term Rental is located, and "Ownership" has a
corresponding meaning;
1.17. Parking Area means the use of an area of land, Building or
structure for the parking of motor vehicles associated with a
principal use on the same lot. A parking area may include related
aisles, parking spaces, and ingress and egress lanes, but does
not include any part of a road. The definition shall also include
dock spaces for the purposes of mooring vessels;
1.18. Person means an individual, a Corporation, a partnership, or an
association, and includes a Licensee or an Applicant for a Licence
under this By-law as the context requires;
1.19. Premises means the Property upon which a Short-term Rental
is operated, inclusive of Buildings or structures or any part
thereof used for such purpose;
1.20. Property means the land upon which a Short-term Rental is
operated, exclusive of Buildings or structures or any part thereof;
1.21. Registration means the Registration issued under this By-law as
proof of Registration under this By-law;
1.22. Registered means to have in one's possession a valid and
current registration issued under this By-law and unregistered
has the contrary meaning;
1.23. Register means a Person who holds registration or is required
to hold a registration under this By-law;
1.24. Register Issuer means any Person or Persons provided the
authority by the Township to issue a register under this By-law.
1.25. Regular Rental Host means a Register who is operating a
By-law 2023-116
Page 6 of 23
Short-Term Rental for 22 or more days in a calendar year.
1.26. Renter means the Person Responsible for the rental of the
Premises by way of concession, permit, lease, Registration,
rental agreement or similar commercial arrangement;
1.27. Renter's Code of Conduct as set forth in Schedule 'A', and may
be amended from time to time, means a document that has been
prepared by the Township that prescribes the roles and
responsibilities of the Renter, including but not limited to:
behavioural expectations as they relate to non-disturbance of
neighbours; compliance with applicable Town by-laws, and
adherence to the provisions of this By-law;
1.28. Responsible Person means the Owner (must be 18 years of
age or older) or Agent assigned by the Owner or Register of the
Short-term Rental Dwelling to ensure the Short-term Rental
Dwelling is operated in accordance with the provisions of this By-
law, the Registration and applicable laws;
1.29. Set fine refers to a financial penalty issued to Person, Owner,
Agent or Register who has contravened or failed to comply with
any provision of a municipal by-law;
1.30. Short-Term Rental (STR) means a primary Dwelling or any
part thereof that operates or offers a place of temporary
residence, lodging or occupancy by way of concession, permit,
lease, Registration, rental agreement or similar arrangement for
thirty (30) consecutive calendar days or less. Short-term Rental
uses shall not mean or include a bed and breakfast
establishment,
institutional
tourist
establishment,
tourist
establishment, tourist camping establishment, motel, resort,
boat, vessel or similar commercial or institutional uses defined in
the Comprehensive Zoning By-law 2014-75, as amended; or any
successor, as amended. Short-Term Rental (STR) means a
Premises or any part thereof that operates or offers a place of
temporary residence, lodging or occupancy by way of concession,
permit, lease, Registration, rental agreement or similar
arrangement for thirty (30) consecutive calendar days or less.
Short-term Rental uses shall not mean or include a bed and
breakfast establishment, institutional tourist establishment,
tourist establishment, tourist camping establishment, motel,
resort, boat, vessel or similar commercial or institutional uses
defined in the Comprehensive Zoning By-law 2014-75, as
By-law 2023-116
Page 7 of 23
amended; or any successor, as amended;
1.31. Township means the Corporation of the Township of Georgian
Bay in the District of Muskoka. Sleeping Area refers to the
definition in the current Township of Georgian Bay Zoning By-
law;
1.32. Sleeping Cabin refers to the definition in the current Township
of Georgian Bay Zoning By-law;
1.33. Township means the Corporation of the Township of Georgian
Bay in the District of Muskoka.
2.
APPLICATIONS
2.1.
The requirements of this By-law apply to the business or
occupation
of
providing
Short-Term
Rentals
within
the
geographic limits of the Township of Georgian Bay;
2.2.
Persons who own, operate, Registered or offer a Premises for
Short-Term accommodation as of the effective date of this By-
law, must file an application for a Registration under this By-law.
2.3.
The determination of whether a registered application is
"complete" in accordance with this By-law shall be within the
discretion of the Registration Issuer, or as a result of a review
from an appeal received by the Township.
2.4.
For greater certainty, the requirements of this By-law will not
apply to a motel, bed and breakfast establishment, institutional
tourist establishment, tourist establishment, tourist camping
establishment, resort, boat or vessel or similar commercial or
institutional use as defined under the Zoning By-law.
3.
GENERAL PROVISIONS
3.1.
Short-term Rental Dwellings shall comply with all applicable
Municipal By-laws and provincial legislation.
3.2.
The maximum number of Persons, including but not limited to
residents, renters and their guests, permitted on a Premises, at
any one time, shall be restricted to 2 Persons per Guest Room
above the age of 2 as stated in an approved registration.
By-law 2023-116
Page 8 of 23
3.3.
The provision of parking on the site plan referenced shall include
the following:
a) a minimum of one parking space per Guest Room;
b) parking space sizes of 3 metres by 6 metres;
c) For water access properties, an accessible dock must be used
for vessel mooring; and
d) compliance with all other parking provisions as set forth in the
applicable Zoning By-law.
3.4.
All vehicles shall only be permitted in a parking area consisting
of a hard-surfaced driveway (gravel, asphalt, concrete, interlock,
or similar hard surface). If property is water access, an accessible
dock must be used for boat mooring.
3.5.
The following shall be posted on the interior of each STR
Premises, visible to guests and made available for inspection:
a) Copy of current STR Registration
b) Premises address (and phone number if applicable)
c) Guest Log, which can be found on the Township website and
printed. The host must maintain the guest log which indicates
date of inspection, name of person who completed inspection,
check in and check out date, number of renters in dwelling
during stay, confirmation that renters were given and signed
required documents, as well as smoke and carbon monoxide
alarm inspection after check-out.
d) Type of access to the STR Premises, where one of the
following must be checked:
a. Year-round maintained public road
b. Seasonally maintained road
c. Private road / Right-of-way
d. Water access
e) If the type of access to the Short-Term Rental Premises is NOT
a year-round maintained public road, the following Emergency
Services Statement will be posted within the address: "Due to
By-law 2023-116
Page 9 of 23
this STR Premises not accessible by a year-round maintained
public road, emergency response times may be delayed to this
location."
f) Owner name and contact information.
g) Responsible Person for Emergency and By-law concerns (if
different to details contained in section (f).
h) Copy of approved Site Plan (including parking management
plan), Waste Disposal plan, Floor Plan, and Sustainability Plan.
i) A copy of the Renters Code of Conduct, to be signed by each
renter upon arrival.
j) QR code, provided on Township Short-Term Rental webpage,
which will navigate renter to Township website of frequently
requested by-laws.
3.6.
All Short-term Rental Dwellings must provide a class ABC fire
extinguisher in any cooking area and a class BC or better on each
floor of the establishment.
3.7.
An Owner or Owner's Agent (Responsible Person) will respond
within sixty (60) minutes to an emergency or contravention of
any Township By-law. The phone number provided in the
application must be that of a phone that receives text messages
so all forms of communications can be achieved. An Owner or
Owner's Agent (Responsible Person) must be on site at the
property within sixty (60) minutes in response to an emergency
or contravention of any Township By-law.
3.8.
The provisions of this By-law shall not apply when the Short-term
Rental is not rented or if rented for 30 days or more
consecutively.
4.
REGISTRATION REQUIREMENTS
4.1.
Every application for a new registration, or the renewal of an
existing registration, shall include:
a) A completed application, in the form required by the
Township, which shall include each Owner, Applicant and/or
Agent's name, address, telephone number, and email
By-law 2023-116
Page 10 of 23
address;
b) Proof of Ownership for the Premises;
c) Proof that the Applicant is at least eighteen (18) years of age
or older, if the Applicant is an individual;
d) A completed Responsible Person Consent Form;
e) Proof of insurance which includes a liability limit of no less
than two million dollars ($2,000,000.00) per occurrence for
property damage and bodily injury and identifies that a Short-
Term Rental is being operated on the Premise;
f) proof that the Applicant, if a Corporation, is legally entitled to
conduct business in Ontario, including but not limited to:
i.
an article of incorporation or other incorporating
documents, duly certified by the proper government
official or department of the Province of Ontario or the
Government of Canada; and
ii.
a list containing the names of all shareholders of the
Corporation;
iii.
in the case of an Applicant being a partnership, the
names and addresses of each member of the partnership
as well as the name under which the partnership intends
to carry on business;
iv.
in the case of an Applicant or Agent acting on behalf of
the Owner, an Owner's written authorization;
g) Provide information related to occupancy and potential
sewage load and details of sewage system to confirm
capacity. As well as record of system pump-outs and
maintenance and demonstrate septic tank has been inspected
by a qualified person per the Building Code and Building Code
Act every 3 years as part of application to the Township; septic
inspector shall not be an inspector for the Township.
h) Site plan drawn to scale and fully dimensioned of the Short-
Term Rental property identifying;
i. Parking Management Plan (refer to section 3.3);
ii. All buildings and structures on the property;
iii. The location of the septic system;
iv. Exterior decks and staircases;
By-law 2023-116
Page 11 of 23
v. Docks located on waterfront (if applicable);
i) Floor plan drawn to scale and fully dimensioned of the Short-
Term Rental identifying;
i. Each room and its intended use;
ii. Location of all smoke and carbon monoxide alarms;
iii. Location of all fire extinguishers;
iv. All entrances and exits from the buildings and
structures;
v. Fire escape routes;
j) Waste disposal plan which will provide detail on where
garbage is to be kept, who is responsible for removing it from
property (host or renter), and how often it will be disposed of.
k) Sustainability plan regarding reduction of energy and food
waste and identified efforts to reduce their carbon footprint
will result in the reduction of registration fee indicated in the
Fees & Charges By-law. The following are examples of an what
an appropriate sustainability plan should include:
i. Reduce carbon footprint
ii. Planting trees/pollinator gardens
iii. Managing food waste
iv. Reduce energy consumption
v. Unlock thermostat
vi. Improve insulation/windows/doors
vii. Promote local culture
viii. Purchase local
ix. Support Indigenous knowledge
4.2.
Payment of the applicable Fees referred to in the Fees and
Charges By-law, which may be amended from time to time.
4.3.
A Short-term Rental Registration that has been issued pursuant
to this By-law shall expire upon the earliest of the following
events:
a) The date that is one (1) year after date of the issuance of the
Registration; or
b) Upon the sale of an STR Premises to a Person other than a
Registrant.
c) Upon the transfer of an STR Registration to another party.
By-law 2023-116
Page 12 of 23
4.4.
The Registrant shall be responsible for informing the Township in
writing of any changes to the approved information contained
within the Registration application or any deviation to the
approved plans within (7) days of such change or deviation.
Nothing herein allows a Registrant to rent rooms other than those
identified and approved on the application for registration unless
the Township has approved same.
5.
ADMINISTRATION AND ENFORCEMENT
5.1.
The Register Issuer shall be responsible for the administration of
this By-law;
5.2.
Officers shall be responsible for the enforcement of this By-law;
6.
REGISTRATION - APPLICATION & ISSUANCE
6.1.
Upon receipt of an application for Registration, a Registrant
Issuer shall perform the following functions:
a) receive and review the application as per any provision of this
By-law;
b) receive and review any documents attached to the
application; and
6.2.
Upon determination by the Registrant Issuer that information
requirements and all regulatory and by-law requirements of the
Township are met, registration shall be issued and remain valid
for one (1) year, unless revoked.
6.3.
The Registrant Issuer shall have the authority to impose
additional terms and conditions on a registration.
6.4.
Registration issued pursuant to the provisions of this By-law shall
expire one (1) year from the date it was issued unless it is
revoked in accordance with any provisions of this By-law.
7.
REGISTRATION - SUSPENSION & REVOCATION
7.1.
The Registrant Issuer shall have the authority to refuse to issue
or renew registration, or to revoke or suspend a Registration
where:
By-law 2023-116
Page 13 of 23
a) there are reasonable grounds for belief that the operation of
a Short-term Rental at a specific Premises may be averse to
the public interest;
b) the Premises has had a Registration that has been previously
revoked, suspended, or made subject to terms and
conditions;
c) the Applicant has had a Registration that has been previously
revoked, suspended, or made subject to terms and
conditions;
d) a Premises or Applicant applying for a Registration has
presented a history of contravention with this By-law, other
Township by-laws, or Provincial and Federal Legislation;
e) the Renter's Code of Conduct has been violated at this
Premises with known knowledge of the host;
f) the Owner is indebted to the Township in respect of fines,
penalties, judgements, or any other amounts owing, including
awarding of legal costs, disbursements, outstanding Property
taxes and late payment charges, against an Owner's Property,
unless any of these fees were imposed directly to the renter;
g) the Property to be used for carrying on the trade, business or
occupation does not conform with applicable federal and
provincial law and regulations or municipal by-laws, including,
but not limited to, the Zoning By-law, Property Standards By-
law, the Building Code Act, the Fire Protection and Prevention
Act, and the Electricity Act.
7.2.
Notwithstanding section 7.1 of this By-law, the Registrant Issuer
may issue registration where a variance to this By-law has been
approved. Council, upon application of the Owner of a Premises
permitting a Short-term Rental, may authorize such variance
from the provisions of this By-law, in respect of the Owner's
Premises as in its opinion in desirable for the appropriate use of
the Premises and in the opinion of Council the general intent and
purpose of the by-law is maintained. The decision of Council
regarding the variance application, shall be final and binding.
By-law 2023-116
Page 14 of 23
7.3.
The Registrant Issuer shall notify the Applicant/Registrant of
what action is being taken under the authority of section 7.1 or
section 7.2 within thirty (30) days of the determination of said
action.
7.4.
The Registrant Issuer, upon confirming a registrant has received
an emergency order issued under section 8.4 of this By-law,
may, for the time and such conditions as are considered
appropriate, suspend a registration for not more than 14 days. If
after this period, the Registrant Issuer is satisfied that the
continuation of registration will continue to pose a danger to the
health or safety of any Person, they may further suspend for not
more than 14 days or revoke a Licence.
8.
ORDERS - GROUNDS FOR ISSUANCE
8.1.
Where an Officer has reasonable grounds to believe that a
contravention of the by-law has occurred, the Officer may serve
an order on the Registrant setting out the reasonable particulars
of the contravention and directing:
a) compliance within a specified period of time;
b) any work that is required to be done. In the event of a default
of such work being done, the Officer may direct work to be
done at the Registrant's expense, and the Town may recover
the expense in the same manner as municipal taxes; or
c) the activity be discontinued.
8.2.
An order under this By-law 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 force.
8.3.
Service of any notice or order to an Owner/Agent, directing the
Owner/Agent to bring the Premises into compliance, shall be
carried out under the provisions in section 15 of this By-law.
8.4.
When an Officer deems a violation under this By-law to pose an
immediate risk to health or public safety, the provisions in section
15 may be waived and an emergency order shall be issued and
may posted on the property requiring immediate action or other
remediation. The Owner/Agent shall comply with an emergency
order within the period specified on the emergency order.
By-law 2023-116
Page 15 of 23
8.5.
Where an Officer has placed or caused the placing of a placard
or order containing the terms of an order upon the Premises
under the authority of the Building Code Act or provisions within
this By-law, no Person shall remove such placard except with the
consent of the Officer who issued the order.
8.6.
Once served upon an Owner/Agent in accordance with sections
of this By-law, an order shall remain in effect on a Premises until
the order has been complied with or for the duration of the
calendar year.
8.7.
Every person shall comply with an Order issued by an Officer.
9.
GROUNDS FOR APPEAL - Registration & ORDERS
9.1.
Where the Registrant Issuer has denied an Applicant a
Registration, a renewal of a Registration, or has suspended or
revoked Registration, the Registrant Issuer shall inform the
Applicant or Registrant by way of written notice setting forth the
grounds for the decision with reasonable particulars and shall
advise of the right to appeal such decision to the Township Clerk.
9.2.
Any Owner/Agent or Register who has been served with an order
and who is not satisfied with the terms or conditions of the order,
may appeal to the Township of Georgian Bay within fifteen (15)
days after being served with the order, by:
a) sending a notice of appeal, setting forth the reasons for the
appeal, by registered mail to the Township Clerk; or
b) in Person to the Township Clerk to set forth reasons for the
appeal and to request an appeal date; and
9.3.
If an emergency order is issued on a Premises to an
Owner/Agent, the appeal process in section 9.2 shall not apply.
9.4.
Where no request for an appeal is received in accordance with
subsection 9.2, the decision of the Register Issuer shall be final
and binding.
9.5.
Where a request for an appeal is received, the request will be
added to the agenda of the next available Council meeting, and
By-law 2023-116
Page 16 of 23
the Applicant or Register shall be provided reasonable written
notice thereof.
9.6.
If the Owner/Agent fails to appear at the appointed time for their
request to appeal, the order shall be final and binding.
9.7.
After such opportunity to be heard is afforded the Person, Council
shall make a decision. When making its decision Council may
consider any matter pertaining to this By-law, or other matter
that relates to the general welfare, health or safety of the public.
When making its decision, Council may refuse to issue or renew
a Registration, revoke, suspend, or impose any condition to a
Registration. Council's decision is final and binding and shall not
be subject to review.
9.8.
Where Council conducts a hearing, the rules set out in the
Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 ("Statutory
Powers Procedure Act") shall apply.
10.
ENTRY AND INSPECTION
10.1. The Chief Building Official, By-law Enforcement Officer, Chief Fire
Official or their designate(s) may at reasonable times, enter upon
land, Premises, Buildings, or place where a Registration has been
issued under this By-law, for the purposes of carrying out an
inspection, taking photographs and obtaining evidence to
determine compliance to this By-law.
10.2. Every Person shall permit the Chief Building Official, By-law
Enforcement Officer, Chief Fire Official or their designate(s) to
inspect any land for the purposes of determining compliance with
this By-law.
10.3. The Chief Building Official, By-law Enforcement Officer, Chief Fire
Official or their designate(s) may enter upon lands at any
reasonable time to direct or require that a matter or thing be
done, and in default of that matter or thing being done, to do
such matter or thing in accordance with this By-law.
10.4. The Township's power of entry may be exercised by an Officer,
or Agent for the Township and this Person may be accompanied
by any Person under their direction, including Law Enforcement
Services.
By-law 2023-116
Page 17 of 23
10.5. During any inspection carried out under this By-law, an Officer
may be accompanied by other Township of Georgian Bay
employees, Agents or authorities as deemed necessary.
10.6. The Township may undertake an inspection pursuant to an order
issued under provisions of this By-law or Section 438 of the
Municipal Act.
10.7. During an inspection to ensure compliance of this by-law, if an
officer or agent observes any further issues, the owner shall
ensure compliance with the following where applicable:
a) provisions of this By-law;
b) Ontario Building Code Act, 1992, S.O. 1992 c.23; ("Building
Code Act")
c) Ontario Fire Protection and Prevention Act, 1997, S.O. 1997,
c.4 ("Fire Protection and Prevention Act")
d) Electricity Act, 1998, S.O. 1998, c. 15, Sched. A ("Electricity
Act")
e) Applicable Zoning By-law;
f) any other municipal by-laws or provincial legislation.
11.
PROHIBITIONS
11.1. No Person shall use or operate any Short-term Rental Dwelling
unless they hold a current Registration issued pursuant to this
By-law.
11.2. No Person shall advertise a Short-term Rental without a
municipal issued Registration number.
11.3. No Person shall use or operate any Short-term Rental Premises
for Commercial activities.
11.4. No Person shall provide false information on an application form
to apply for a Short-term Rental Application.
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11.5. No Person shall allow a Premises under their Ownership or care
and control to be operated in contravention of the Registration
that has been approved.
11.6. No Person shall allow a Premises under their Ownership or care
and control to be operated in contravention of the Site plan that
has been approved.
11.7. No Person shall allow for any overnight occupation on a Short-
term Rental Premises other than within a guest room that was
identified and approved with the Application for the Short-term
Rental Registration.
11.8. No Person shall violate the provisions of the Renter's Code of
Conduct attached as Schedule 'A' to this By-law.
11.9. No person shall offer a place of temporary residence, lodging or
occupancy by way of concession, permit, lease, registration,
rental agreement or similar arrangement on the Premises unless
the Primary Dwelling is rented concurrently to the same guests.
12.
OBSTRUCTION
12.1. No Person shall hinder or obstruct, or attempt to hinder or
obstruct, any Person exercising a power or performing a duty
under this By-law.
12.2. No Person, who has been alleged to have contravened any of the
provisions of this By-law, shall fail to identify themselves to the
Chief Building Official, By-law Enforcement Officer, Chief Fire
Official or their designate(s) upon request.
13.
PENALTIES
13.1. Every Person who contravenes any provision of this By-law is
guilty of an offence pursuant to the provisions of the Provincial
Offences Act R.S.O. 1990, Chapter P.33, as amended, and upon
conviction, a Person is liable to a fine of not more than $5,000,
exclusive of costs.
13.2. Every person who contravenes a provision of this By-law shall,
upon the issuing of a Penalty Notice under the Administrative
Monetary Penalty System By-law, be liable to pay the Township
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an Administrative Monetary Penalty in the amount set out in the
Administrative Monetary Penalty System By-law.
13.3. Each day a contravention occurs constitutes a new offence.
13.4. Every Person, other than a company who contravenes any
provision of this By-law, and every director of a Corporation who
knowingly concurs in such contravention by the Corporation, 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.
13.5. Where a Corporation is convicted of an offence under this By-
law, the maximum penalty is $50,000 for a first offence and
$100,000 for any subsequent offence.
13.6. Where a Person has been convicted for an offence under this By-
law by a court of competent jurisdiction, the court may in
addition to any other penalty imposed on the Person convicted,
issue an order prohibiting the continuation or repetition of the
offence or the doing of any act or thing by the Person convicted
directed toward the continuation or repetition of the offence.
14.
COLLECTION OF UNPAID FINES
14.1. 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, including any extension of
time for payment ordered under that Section, the Register Issuer
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.
15.
SERVICE OF DOCUMENTS
15.1. The Municipality may serve any document under this By-law,
within thirty (30) days of becoming aware of the alleged offence,
personally to the Person named on the notice, by registered or
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regular mail addressed to the Person to whom the document is
to be given at the Person's last known address, and by email
transmission to the Registers email address given with the most
recent application received by the Township.
15.2. Service by registered or regular mail under subsection 15.1 shall
be deemed to have been made on the fifth day after the day of
mailing.
15.3. A Person's last known address includes the address provided by
the Person to the Municipality as identified in the property tax
file.
16.
SEVERABILITY
16.1. If a Court of competent jurisdiction should declare any section or
part of a section of this By-law to be invalid, such section or part
of a section shall not be construed as having persuaded or
influenced Council to pass the remainder of the by-law and it is
hereby declared that the remainder of the by-law shall be valid
and shall remain in force.
16.2. The Clerk is authorized to make changes to this By-law after
enactment by Council to correct spelling, punctuation or
grammatical errors, or errors that are of a clerical, typographical
or similar nature.
17.
SCHEDULES
17.1. The schedules attached to this By-law form part of this By-law.
18.
SHORT TITLE
18.1. This By-law shall be known as the "Short-Term Rental
Registration By-law".
19.
TOWNSHIP NOT LIABLE
19.1. The Township assumes no liability for property damage or
Personal injury resulting from remedial action or remedial work
undertaken with respect to any Person or property that is subject
of this By-law.
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This By-law shall come into full force and effect as of January 1, 2024,
at which time all By-laws that are consistent with the provisions of this
By-law and the same are hereby repealed insofar as it is necessary to
give effect to the provisions of this By-law.
READ AND ENACTED in Open Council this 11th day of December
2023.
_______________________
PETER KOETSIER, MAYOR
_______________________
KAREN WAY, CLERK
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Schedule 'A'
Renter's Code of Conduct
Purpose of this Code of Conduct
1. Maximizes the enjoyment of all properties in the Township of
Georgian Bay.
2. Ensures the safe operation of short-term rental premises.
3. Acknowledges that the Township of Georgian Bay residents have
the right to enjoy their properties without nuisance.
4. Establishes acceptable standards of behaviour for short-term
rental renter(s).
5. Defines requirements for renter accountabilities for a short-term
rental premises.
Owners Acknowledgement of Short-Term Rental Use
1. The owner acknowledges that a valid Short-Term Rental
Registration shall be posted in a conspicuous place.
2. The owner acknowledges that the following information is to be
provided on the premises:
a. Premises address (and phone number if applicable)
b. Type of access to the STR Premises:
i. Year-round maintained public road
ii. Seasonally maintained road
iii. Private road / Right-of-way
iv. Water access
c. Guest Log
d. If the type of access to the STR premises is NOT a year-
round maintained public road, the following Emergency
Services Statement will be posted within the address:
"Due to this STR Premises not being accessible by a
year-round maintained public road, emergency
response times may be delayed to this location."
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e. Owner name and contact information
f. STR responsible person contact information for emergency
and by-law concerns (if different than owner contact
information).
g. Copy of approved Site Plan, Floor Plan, Waste Disposal
Plan, and Sustainability Plan.
h. A copy of the Renters Code of Conduct, to be signed by
each renter upon arrival.
i. QR code (provided on Township's Short-Term Rental
webpage) which will navigate renter to Township website
of frequently requested by-laws.
Renters Acknowledgement of Short-Term Rental Use
1. The renter acknowledges that they have observed and reviewed
all the information posted and displayed by the owner as per the
owner's Acknowledgment of Short-term Rental Use.
2. The renter acknowledges that their actions, if in contravention of
any municipal by-law, may result in a complaint against the
owner of the premises and may cause the owners' Short-Term
Rental Registration to be suspended, revoked, and/or not
renewed.
3. The renter acknowledges that continued non-compliance with
any by-law may result in enforcement measures being taken
against themselves and/or the owner.
4. Review the following on the Township's website through the QR
code provided in the premise:
a. Noise By-law
b. Animal Control By-law
c. Parking By-law
d. Burning By-law
e. Clean Yard By-law
f.
Fireworks By-law