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1
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
A By-Law to Manage
Short Term Accommodations for the
Municipality of Gordon/Barrie Island
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, 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 8 (3) of the Municipal Act, authorizes a municipality to provide for a
system of Licences;
AND WHEREAS Section 11 (2), paragraph 6 of the Municipal Act, authorizes a municipality to
pass a By-law respecting the health, safety, and well-being of Persons;
AND WHEREAS And Whereas Section 151 of the Municipal Act, provides that a municipality
may provide for a system of Licences with respect to a business and may:
a)
prohibit the carrying on or engaging in the business without a Licence;
b)
refuse to grant a Licence or to revoke or suspend a Licence;
c)
impose conditions as a requirement of obtaining, continuing to hold or renewing a
Licence;
d)
impose special conditions on a business in a class that have not been imposed on all
the businesses in that class in order to obtain, continue to hold or renew a
Licence;
e)
impose conditions, including special conditions, as a requirement of
continuing to hold a Licence at any time during the term of the Licence; and
f)
Licence, regulate or govern real and Personal Property used for the business and the
Persons carrying it on or engaged in it.
AND WHEREAS Section 434.1 of the Municipal Act, provides that a municipality may require a
Person to pay an Administrative Monetary Penalty if the municipality is satisfied that the Person
has failed to comply with a By-law of the municipality passed under the Municipal Act;
AND WHEREAS Section 23.1 of the Municipal Act, authorizes a municipality to delegate its
powers and duties;
AND WHEREAS the Council the Municipality of Gordon/Barrie Island has deemed it necessary
and expedient to regulate and licence the Short-Term Rental of Property in the Municipality of
Gordon/Barrie Island;
NOW THEREFORE, THE COUNCIL OF THE MUNICIPALITY OF GORDON/BARRIE ISLAND
ENACTS AS FOLLOWS:
1.
APPLICATION
1.1.
The provisions of this By-law shall apply to all properties in the Municipality of
Gordon/Barrie Island.
2.
DEFINITIONS
2.1.
For the purpose of this By-law, the following definitions shall apply:
"AGENT" means a Person authorized in writing by an Owner to act on the Owner's or group of
Owner's behalf;
"APPLICANT" means a Person who files an application for a Licence;
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
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"BUILDING" means a structure occupying an area greater than 10 square metres consisting
of a wall, roof and floor or any of them, or a structural system serving the function thereof,
including all plumbing, works, fixtures and services system appurtenant thereto;
"CLERK" means the CAO/Clerk for the Municipality, or any Person designated by the Clerk;
"COUNCIL" means Council for the Municipality;
"DIRECTOR" means the person who oversees the STA process and manages the
implementation and organization of the various departments which would be impacted through
STA implementation.
"DWELLING" means a building occupied or capable of being occupied exclusively as a home,
residence or sleeping place by one or more persons, and one or more families, but shall not
include any mobile home, construction trailer, travel trailer, hotels, motels, a home for the aged,
nursing home, hospital, or living quarters for a caretaker, watchman or other person or persons
using living quarters which are accessory to a Non-Residential building.
i.
"ACCESSORY DETACHED DWELLING" means a detached dwelling subordinate and
incidental to the principal use, building or structure located on the same lot therewith.
ii.
"APARTMENT DWELLING" means a building consisting of three (3) or more dwelling
units, which units have a common entrance from road level and the occupants of which
obtain access to their dwelling units through common halls.
iii.
"CONVERTED DWELLING" means a building on a lot originally designed, intended and
used as a one-family dwelling which has been lawfully altered or converted so as to
provide two (2) or more dwelling units, none of which is located in the cellar.
iv.
"COTTAGE DWELLING" means a detached building, which may be occupied on a
seasonal basis, used for and containing only one dwelling unit, which is designed and/or
constructed for year-round human habitation.
v.
"DETACHED DWELLING" means a separate building designed for and containing only
one dwelling unit and constructed for year-round human habitation.
vi.
"DUPLEX DWELLING" means a building that is divided horizontally into two separate
dwelling units, each of which has an independent entrance either directly from the
outside or through a common vestibule.
vii.
"FOURPLEX DWELLING" means a building which consists of two (2) attached duplex
dwellings, or a building containing only two storeys exclusive of basement, divided
vertically into four (4) dwelling units with either one or two complete walls in common
with adjoining units and an independent entrance, either directly or through a common
vestibule.
viii.
"HOSTED PROPERTY" is an establishment that has an owner/operator living full-time
on-site during the rental period.
ix.
"SEMI-DETACHED DWELLING" means one of a pair of attached single dwelling units
constructed for permanent use with a common party wall dividing the pair of dwelling
units vertically for the full height of the building, each of which has an independent
entrance.
x.
"TOWNHOUSE DWELLING" means a building that is divided vertically into three or
more dwelling units, each of which has independent entrances to a front and rear yard
immediately abutting the front and rear walls of each dwelling unit, or a front and side
yard in the case of a dwelling unit located at the end of the townhouse building.
xi.
"TRIPLEX DWELLING" means a building that is divided horizontally or vertically into
three (3) separate dwelling units each of which has an independent entrance, either
directly or through a common vestibule.
i.
"DWELLING UNIT" means a suite of two (2) or more habitable rooms, occupied by one
or more persons, in which sanitary conveniences are provided and in which facilities are
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
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provided for cooking or for the installation of cooking equipment, and with an
independent entrance, either directly from outside the building or from a common
corridor inside the building.
ii.
"ACCESSORY DWELLING UNIT" means a dwelling unit that is part of a permitted Non-
Residential Use.
iii.
"BACHELOR DWELLING UNIT" means a dwelling unit consisting of one bathroom and
not more than two (2) habitable rooms designed to provide living, dining and kitchen
accommodation in appropriate individual rooms or combination of rooms.
"LICENCE" means a Licence issued by the Municipality pursuant to this By-law;
"LICENCE ISSUER" means a Municipality employee delegated authority by Council as the
Person responsible for issuing a Licence;
"LICENCE NUMBER" means a number assigned to a Licence by the Municipality; "Licencee"
means a Person issued a current valid Licence pursuant to this By-law;
"MUNICIPALITY" means the Corporation of the Municipality of Gordon/Barrie Island or the
land within the geographic limits of the Corporation of the Municipality of Gordon/Barrie Island
as the context requires;
"NUISSANCE" means an activity or behavior that when repetitive as determined by the
discretion of the Director causes an inconvenience or damage to others, either to individuals
and/or to the general public;
"OFFICER" means a police officer, Municipal Law Enforcement Officer, the Fire Chief, Chief
Building Official or other Person delegated to enforce the provisions of this By-law;
"OWNER" means the registered owner of the lands or Premise or his or her authorized agent
that is in lawful control of the lands or Premise residing in or business located within the
municipality;
"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;
"PREMISES" means land, Property or any part thereof including any and all Buildings or other
structures thereon;
"REGISTERED COMPLAINT" means a complaint regarding the operation of a short-term
accommodation determined to be valid by an Officer.
"RENTER" means the Person responsible for the rental of the Premise by way of concession,
permit, Licence, rental agreement or similar commercial arrangement;
"SERVICE ANIMAL" means the animal is easily identifiable as relating to your disability (for
example, it is a guide dog or other animal wearing a vest or harness) and the owner can provide
documentation from a regulated health professional confirming the animal is required due to a
disability.
"SHORT TERM ACCOMMODATION" or "STA" means private residential dwelling (or part of
dwelling) that are rented to provide accommodations to a person or persons on a temporary
basis for a period of less than 30 days and to which the Residential Tenancies Act, 2006, S.O.
2006, c. 17, as may be amended from time to time, does not apply. Short-Term
Accommodations do not include bed and breakfast establishments, hotels, motels, lodges or
other commercially zoned accommodation uses for the travelling public.
"UNIT" means one dwelling per property. No person shall operate more than one unit per
property.
"ZONING BY-LAW" means any By-law administered by the Municipality passed pursuant to
Section 34 of the Planning Act or a successor thereof, as may be amended from time to time.
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3.
APPLICATION AND GENERAL
3.1.
This By-law may be referred to as the "Short Term Accommodation By-law".
3.2.
No Person shall own, operate or carry on a business or activity as a Short-Term
Accommodation other than in accordance with the terms and conditions of a Licence under
the terms and conditions of this By-law.
3.3.
No Person shall own, operate or carry on a business or activity as a Short Term
Accommodation outside the Permitted Area.
3.4.
No Person shall advertise, promote, broker, or offer for rent or lease any Short-Term
Accommodation without a current valid Licence and no Owner shall permit any of the
foregoing without a current valid Licence.
3.5.
No Person shall alter or modify or permit the alteration or modification of a Licence.
3.6.
No Person shall use, or attempt to use, a Licence issued to another Person or Property.
3.7.
No Person shall own, operate or carry on any business or activity in any other name other
than in the name that appears on the Licence.
3.8.
Every Person who knowingly makes a false statement in an application, declaration,
affidavit or paper writing required by this By-law or the Municipality of Gordon/Barrie
Island is guilty of an offence.
3.9.
No Person who is issued a Licence pursuant to this By-law shall contravene any provision
set out in this By-law, any other Municipal By-law, Federal or Provincial Act, Statute, or
any other legislation applicable to a licenced Premise or Activity.
3.10. No Person shall remove an order or placard posted on a Premise under this By-law, except
an Officer.
3.11. No Person shall own, operate or carry on a business or activity while a Licence is under
an administrative suspension.
3.12. No Person Shall operate a Short Term Accommodation in contravention to a Provincial
Restriction or Order.
3.13. No Person will inhabit or rent an Accessory Building as a Short-Term Rental
Accommodation.
3.14. No Person shall advertise a Short Term Accommodation without a registration number as
per Schedule C.
3.15. No Person shall rent an entire unit for the maximum number of days rental is offered.
3.16. No Person shall refuse a person accompanied by a service animal.
3.17. Every person shall notify the Municipality of any change in licensing or registration
information as per Schedule B.
3.18. Every person who owns or operates a Short Term Accommodation shall comply with
requirements to provide emergency contact information and a layout of fire exits from the
building, as per Schedule B complying with regulations and shall provide guests with
emergency contact and 9-1-1 information as well as diagrams of exits from the building.
3.19.
No person shall operate more than one short term accommodation unit per property.
3.20. No person shall operate a Short Term Accommodation rental without first registering the
property and obtaining a licence.
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3.21.
Every person who owns or operates a Short Term Accommodation shall provide one
parking place per bedroom, with a minimum of two parking places per short term
accommodation.
4.
APPLICATION FOR A LICENCE
4.1.
A Person making an application for a Licence or for a renewal of a Licence shall submit:
a.
a complete application in the form provided by the Municipality;
b.
when applicable, the Business Name Registration and/or Articles of Incorporation
obtained from the applicable Provincial or Federal Ministry;
c.
all required documents, and obtain all required approvals and inspections as outlined
in Schedule "A" to this By-law have been obtained from the appropriate authority
having jurisdiction to the satisfaction of the Municipality;
d.
any other documents as may be required to the satisfaction of the Municipality;
e.
the required Licence application fee, approval and inspection fees.
4.2.
Acceptance of a Licence application does not constitute approval of the application or
oblige the Municipality to issue a Licence.
4.3.
A Licence fee shall be paid by the Applicant at the time the Licence is applied for.
5.
LICENCES
5.1.
The Licence Issuer is hereby delegated authority to issue a Licence in accordance with the
provisions of this By-law and the Schedules to this By-law.
5.2. The Licence Issuer is hereby delegated authority to impose additional terms and conditions
on a Licence that in the opinion of the Licence Issuer are reasonable and taking into
consideration:
a.
the health, safety and well-being of Persons;
b.
the impact on a neighbouring Property or neighbouring Property owner;
c.
the past conduct of an applicant or Licencee;
d.
the impact to the Municipality;
e.
the need within the Municipality;
f.
supported by Policy and or By-law, and Council.
5.3.
A Licence issued by the Municipality is not transferable.
5.4.
A Licence issued pursuant to this By-law is valid for a year (365 days), at which point the
Licencee can apply for a renewal.
5.5.
A Licence subject to renewal will maintain the same Licence number and be subject to the
same requirements as the original issued Licence other than fees and administration costs
regarding renewals in Section 13.0 of this By-law.
5.6.
Every Licence shall remain at all times the Property of the Municipality;
5.7.
No Person shall enjoy a vested right in any Licence or the continuance of any Licence.
5.8.
A Licence shall be issued by the Licence Issuer:
a.
upon the requirements of this By-law being met;
b.
upon submission of the documents to the Municipality's satisfaction as required by
this By-law and as outlined on the applicable Schedule(s) to this By-law;
c.
upon obtaining the required approvals and inspections to the Municipality's
satisfaction as required by this By-law including the Schedules to this By-law;
d.
upon payment of fees and administration costs relating to Section 12.0 of this By-
law.
5.9.
The Licence Issuer shall not issue a Licence if the owner(s) or applicant(s) have any
outstanding complaints, fines, penalties, legal costs, disbursements, Property taxes and
late payment charges owing to the Municipality for the Property subject to the Licence
application.
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ISLAND BY-LAW NO. 2022-13
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5.10. A Licence shall only be issued by the Licence Issuer to the registered owner of the
Property.
5.11.
A Licence will only be issued to a Short Term Accommodation in the Municipality of
Gordon/Barrie Island once approved by the committee.
5.12.
A Licence issued shall include the following information:
a.
the municipal address;
b.
licence number;
c.
effective date and expiry date of the Licence;
d.
licencee name and contact information;
e.
owner name and contact information;
f.
an
Operation
Manual
which
outlines
the
conditions
of
Short-Term
Accommodation including expectations for Owner and Renters prepared and
maintained in accordance with guidelines issued by the municipality.
6.
LICENCE TERMS AND CONDITIONS
6.1.
A Licence is subject to the terms and conditions of this By-law including all requirements
set out in Schedule "B", "C" and "D" to this By-law. These requirements must be met by
the owner, operator, manager and occupants as applicable.
6.2.
A licencee shall notify the Municipality within fifteen (15) days of any changes to the:
a.
business name;
b.
location of the business Premise;
c.
ownership of the business;
d.
a change in the Licencee's policy of liability insurance;
and such changes shall be subject to submission of the necessary documentation to the
Municipality.
6.3.
A Licencee shall be responsible for the act(s) and omission(s) of its employees,
representatives and agents in the carrying on of the business in the same manner and to
the same extent as though the Licencee did the act(s) or omission(s).
6.4.
Any record required by this By-law shall be produced by the Licencee upon request of an
Officer.
6.5.
Only properties that have a single home dwelling are permitted to apply for a licence.
Apartment building and attached complex style units are not permitted to licence for a
Short Term Accommodation.
6.6.
A person is not eligible to hold a license if the property is to be used for carrying on the
trade, business or occupation for short term accommodation and does not conform with
applicable Federal and Provincial law and Regulations or municipal bylaws, including but
not limited to the zoning by-law, Property Standards By-law, the Building Code Act, the
Building Code, the Fire Protection and Prevention Act, the Fire Code, the Ontario Electrical
Safety Code, or an order of the Medical Officer of Health.
6.7.
The owner of a Short Term Accommodation premise shall ensure that there is a
responsible person available to attend to the short term accommodation premises at all
times within a period of no greater than one hour from the time of contact by way of
telephone or email. This person is to be available 24 hours a day, 7 days a week while the
property is being rented.
6.8.
No license shall be issued for any property which would allow for more than 2 guests per
room or suite or for more than 8 persons per property.
6.9.
All advertising for Short Term Accommodation rentals shall include the Municipality of
Gordon/Barrie Island short term accommodation license number.
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6.10.
Compliance Monitoring and enforcement by third party may include:
- Active monitoring of STAs in Gordon/Barrie Island across multiple STA websites (i.e.
Airbnb, VRBO, HomesAway, etc.);
- Monthly report on aggregate STA activity, including high resolution screen shots of all
active listings & full addresses and contact listings for all identifiable STAs; - Monthly
analysis of STA trends in Gordon/Barrie Island;
- Ongoing monitoring of STAs for zoning & permit compliance;
- Pro-active and systematic outreach to unpermitted and/or illegal short-term rental
operators;
- Monthly report on zoning & compliance, including listing of STAs operating illegally or
without the proper permits;
- 24/7 staff telephone and email hotline for neighbours to report non-emergency
problems related to STA properties;
- Weekly reports containing the number & types of reported incidents; lists of properties
for which incidents have been reported; full documentation of all reported incidents;
(digital recordings &) written transcripts of all calls; analysis of hotline related activities.
7.
LICENCES ADMINISTRATIVE SUSPENSIONS
7.1.
Where the Licencee's policy of liability insurance expires, is cancelled, or is otherwise
terminated, then the applicable Licence shall be automatically suspended effective on the
date of such expiration, cancellation, or termination and shall remain so until such
insurance has been reinstated.
7.2.
An administrative suspension of a Licence without a hearing shall be imposed for: fourteen
(14) days if the Licence Issuer is satisfied that the continuation of the business poses an
immediate danger to health and safety of any Person or to any Premises or in accordance
with Section 7.
Before any suspension is imposed, the Municipality shall provide the Licencee with the
reasons for the suspension, in writing, and an opportunity to respond to them.
Notwithstanding the above the Licence Issuer may issue an immediate suspension of a
Licence for a term determined by the Licence Issuer and without notice when a municipal
or provincial emergency is declared or where the Licence Issuer determines that there is
an immediate risk to the public. The Licence Issuer may then subsequently provide a
general or specific notice as the Licence Issuer may determine of the reason for
suspension
7.3.
An administrative or immediate suspension imposed under Section 6.2 may be imposed
on such conditions as the Licence Issuer considers appropriate.
8.
LICENCES GROUNDS FOR REFUSAL, REVOCATION OR SUSPENSION
8.1.
An applicant or Licencee may be granted a Licence upon meeting the requirements of this
By-law except where:
a.
the past or present conduct of any Person, including the officers, directors,
employees or agents of a corporation affords reasonable cause to believe that
the Person will not carry on or engage in the business in respect of which the
application is made in accordance with the law or with honesty or integrity; or
b.
the Applicant or Licencee has past breaches or contraventions of any law or any
provision of this By-law or any other municipal By-law or Provincial or Federal
Statute associated with the carrying on of such business; or
c.
the Applicant or Licencee has failed to pay an Administrative Monetary Penalty
imposed by the Municipality or a fine or fines imposed by a Court for convictions
for breach of this or any other Municipality By-law or Provincial offence related
to the licenced premise; or
d.
the Applicant or Licencee has failed to comply with any term, condition or
direction of the Licence Issuer or Officer or has failed to permit any investigation
by the Licence Issuer or Officer; or
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e.
the applicant or Licencee has failed to comply with the requirements set out in
this By-law or any of the applicable Schedules to this By-law; or
f.
the issuing of a Licence would be contrary to the public interest with respect to
health and safety, consumer protection, or nuisance control; or
g.
the Applicant or Licencee has submitted an application or other documents to
the Municipality containing false statements, incorrect, incomplete, or
misleading information; or
h.
the Applicant or Licencee is carrying on or engaging in activities that are, or will
be, if the Applicant or Licencee is licenced, in contravention of this By-law, or
any other applicable law; or
i.
the Applicant or Licencee has not paid the required Licence fees; or
j.
the Applicant or Licencee has accumulated three (3) registered complaints
within a year period;
k.
the Applicant or Licencee or Owner has outstanding fines, penalties, legal costs,
disbursements, property taxes and late payment charges owing to the
Municipality for the subject Property.
8.2.
The Licence Issuer may revoke, suspend or refuse to issue a Licence, where the Applicant
or Licencee would not be entitled to a Licence on any grounds set out in this By-law.
8.3.
Where the application for a Licence has been revoked, suspended, or cancelled, the fees
paid by the Applicant or Licencee, in the respect of the Licence, shall not be refunded.
8.4.
Where a Licence has been revoked, suspended or cancelled, the Licencee shall return the
Licence to the Licence Issuer within two (2) days of service of the notice of the decision
unless otherwise directed by the Licence Issuer in the instance of immediate suspensions.
8.5.
When a revoked, suspended or cancelled Licence has not been returned, an Officer may
enter upon the Premise excluding entry into a Dwelling Unit for the purpose of receiving,
taking or removing the said Licence.
8.6.
Every Applicant or Licencee shall keep transactions records for a three (3) year period and
provide the transaction records within 30 days, if required to the Municipality.
9.
COMPLAINT PROCESS
9.1.
All Licences issued by the Licence Issuer must be posted in a Public Registry which shall
be maintained on-line by the Municipality.
9.2.
All Licences posted in the Public Registry shall include the following information;
a. maximum occupancy of the unit;
b. name and contact information of the Owner and;
c. Officer contact information for the purposes of reporting any complaints.
9.3.
Owner shall display the Operation Manual inside the Dwelling or Dwelling Unit which
should be used as a reference guide for Renters.
9.4.
Owner or their agent or their local manager shall be available via phone and for onsite
assistance at all times during the rental period in the case of a reported complaint.
9.5.
The Owners updated contact information must be clearly posted in and outside the
Licenced unit at all times.
9.6.
Once the complaint is made to the Municipality or agent, it will be investigated by an
Officer for a determination of the validity of the complaint.
9.7.
The Officer or agent will be responsible to collect information regarding the nature of the
issue from the complainant.
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9.8.
If required the Officer will inspect the property and rental unit to investigate the complaint
and/or direct resolution of the issue.
9.9.
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer performing
a duty under this By-law.
9.10. For the purposes of an inspection under this By-law, an Officer may:
a)
require the production for inspection of documents or things relevant to the
inspection;
b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c)
require information from any Person concerning a matter related to the
inspection; and
d)
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection alone or in conjunction with a Person possessing
special or expert knowledge
9.11. All documents and records shall be kept in a good and business-like manner for review
by the Officer at their request.
9.12. A receipt shall be provided for any document or thing removed under this By-law and
the document or thing shall be promptly returned after the copies or extracts are made.
9.13. Every Person who is alleged to have contravened any of the provisions of this By-law,
shall identify themselves to an Officer upon request, failure to do so shall be deemed to
have hindered or obstructed an Officer in the execution of his or her duties.
9.14. The Municipal Officer and/or agent will follow up with the complainant within 72 hours
to determine that the complaint has been addressed.
9.15. Each complaint shall be documented individually and such documentation shall contain
all particulars of the complaint as well as any actions taken by the Owner to resolve the
complaint.
9.16. The identity of the complainant shall be considered to be confidential information up until
which time it is needed in the court of law.
9.17. Once a complaint is deemed valid it will be considered to be a registered complaint.
9.18. Once a property receives three (3) registered complaints within a single year, or where
a registered complaint is not resolved in a manner satisfactory to the Municipality, the
Licence shall be immediately revoked.
9.19. A revoked Licence shall not be renewed. A new licence shall not be granted to the same
location for a period of 365 days following the revocation of a licence.
9.20. Anyone making false complaints for malicious intent will lose viability for future
complaints and may be charged under the applicable Act.
10.
PENALTY AND ENFORCEMENT
10.1. Before a Licence is revoked, suspended or cancelled, written notice shall be given to the
Licencee.
10.2. Notice shall be served to the Licencee's last known address or email address filed with
the Municipality and shall:
a) contain sufficient information to specify the nature of, or reason for revocation;
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b) inform the Licencee of entitlement to a hearing before the Licensing Appeal
Committee, if a request in writing for a hearing is returned to the Director within
fifteen (15) days after the date of service of the notice.
10.3.
On receipt of a written request for a hearing from an Applicant or Licencee, the Director
shall:
a) schedule a hearing; and
b) give the Licencee notice of the hearing at least twenty (20) days prior to the
hearing date; and
c) post notice of the hearing on the Municipality's website at least twenty (20) days
prior to the hearing date.
10.4.
Service of any notice on the Licencee under this By-law shall be made by Personal
delivery, ordinary mail or email transmission. The notice shall be deemed to have
been served on the seventh (7th) day after the day of mailing or on the date of
Personal service or on the date the email is sent.
10.5.
Any person(s) who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to a fine or penalty for each offence, exclusive costs and
upon conviction is liable to a fine as set out in the Provincial Offences Act, R.S.O.
1990, Chapter P. 33
10.6.
No person(s) shall willfully obstruct, hinder or otherwise interfere with an Officer in
the performance of the Officer's duties, right, functions, powers, or authority under
this By- law.
10.7.
Where an Officer has reasonable grounds to believe that an offence under this By-law
has been committed by a person(s), the Officer may require the name, address, and
proof of identity of that person(s) and the person(s) shall supply the required
information.
10.8.
In addition to prosecution under this By-Law, the Operating Authority may prosecute
violators of this By-Law for trespass or exercise any other statutory or common rights.
10.9.
If licencees do not comply with the regulations, they are guilty of an offence. If
convicted, they may be liable to pay a fine of up to $100,000.
10.10. They may also be liable to pay a special fine that a court deems is greater than any
revenue that they may be gaining from the business; as well as a fine of up to $10,000
for each day the offence continues.
10.11. No person shall contravene a Municipal By-law while occupying a Short-Term Rental
Accommodation.
11.
ESTABLISHMENT OF LICENSING APPEAL COMMITTEE
11.1.
Council is hereby established as the Licensing Appeal Committee and shall hear and
render decisions regarding the refusal, revocation or suspension of a Licence, and the
imposing of terms and conditions on a Licence.
11.2.
The decision of the Licensing Appeal Committee shall be final and binding.
12.
HEARING PROCESS
12.1.
The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as
amended, shall apply to all hearings conducted under this By-law.
12.2.
A hearing shall be held in public, unless determined otherwise in accordance with the
Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, and the
Licensing Appeal Committee shall hear the Applicant or Licencee and every other
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
11
Person who desires to be heard, and the Licensing Appeal Committee may adjourn
the hearing or reserve its decision.
12.3.
No decision of the Licensing Appeal Committee is valid unless it is concurred in by the
majority of the members of the Licensing Appeal Committee that heard the matter,
and the decision of the Licensing Appeal Committee, shall be in writing and shall set
out the reasons for the decision, and shall be signed by the members who concur in
the decision.
12.4.
Any authority or permission granted by the Licensing Appeal Committee in
accordance with the powers and requirements of this By-law, may be for such time
and subject to such terms and conditions as the Licensing Appeal Committee
considers advisable and as are set out in the decision.
12.5.
When a Person who has been given written notice of a hearing does not attend at
the appointed time and place, the Licensing Appeal Committee may proceed with
the hearing in their absence, and the Person shall not be entitled to any further
notice of the proceedings.
12.6.
The Director shall no later than ten (10) days from the making of the decision send
one (1) copy of the decision to:
a)
the Applicant or Licencee;
b) each person who appeared in person or by Council or by Agent at the hearing
and who filed with the Director a written request for notice of the decision.
13.
FEES AND ADMINISTRATIVE COSTS
13.1.
Initial registration fee as set out in Schedule "B" for a Short-Term Accommodation
Dwelling Unit shall be paid by the Applicant at the time of purchasing a Licence.
13.2.
An annual renewal fee as set out in Schedule "B" for all Short-Term Accommodation
Dwelling Units or Unit is required every year following where the STA maintains a
licence in good standing.
13.3.
Where a complaint has been determined to be valid the Licencee shall pay to the
Municipality a complaint investigation fee if deemed necessary. Failure to pay the
fee shall be a contravention of the terms of the Licence and shall result in a
revocation of the Licence.
13.4.
Licensed properties may be subject to a Municipal Accommodation Tax (MAT)
pursuant to a MAT By-law being implemented. Such By-law may be deemed
necessary by Council at the time of passing for the purpose of accommodating
increased tourism activity in the Municipality.
13.5.
Fees are distinct from penalties and fines which may be incurred where enforcement
is required.
14.
MUNICIPAL AND PRIVATE SERVICES
14.1.
Garbage must be stored in an enclosed area at all times. Garbage needs to be
disposed of following rules and regulations of the Transfer Station Committee using
a valid Transfer Station Tag. Must adhere to applicable Municipal waste
management By-laws, which can be amended.
14.2.
All water systems within the Dwelling or Dwelling Unit should comply with public
water requirements as set out in provincial regulations.
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
12
14.3.
Owners must maintain a record of system pump-outs and maintenance and make
that record(s) available for inspection by an Officer.
14.4.
Owners must, at time of application for a renewal of a Licence demonstrate that that
septic tank has been pumped out and inspected in the last three years.
14.5.
Owners must provide information related to occupancy and potential sewage load
and details of their sewage system to confirm capacity at time of application for a
Licence.
15.
SEVERABILITY
15.1 If any section, clause or provision of this By-law, including anything contained in the
Schedules attached hereto, is for any reason declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the By-law as a
whole or any part, thereof, other then the section, clause of provision so declared to
be invalid, and it is hereby declared to be the intention that all the remaining
sections, clauses or provisions of this By-law shall remain in full force and in effect
until repealed, notwithstanding that one or more provisions thereof shall have been
declared to be invalid.
16.
SINGULAR, PLURAL and GENDER USE
16.1.
In this By-law, unless the context otherwise requires words importing the singular
shall include the plural and use of the masculine shall include the feminine, where
applicable.
17.
SCHEDULES
17.1.
Schedule's "A" "Licence Application Requirements", "B" "Terms and Requirements
of Licence", Schedule "C" "Roles and Responsibilities", and Schedule "D" "Renter
Code of Conduct" attached to this By-law form part of this By-law. THAT this By-law
shall come into force and take effect upon the final passing thereof.
Read a first and second time this
th day of
, 20 .
Read a third time, finally passed, signed, and sealed this
th day of
, 20 .
Reeve, Lee Hayden
CAO/Clerk - Carrie Lewis
I,
, Clerk of the Municipality of Gordon/Barrie Island, do hereby certify
that that this is a true copy of By-law 2022-13 as passed in open Council on the day of
, 2023.
Clerk
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
13
SCHEDULE A
LICENCE APPLICATION REQUIREMENTS
PROPERTY INFORMATION (PROPERTY TO BE LICENCED)
Address:
OWNER (IF DIFFERENT FROM APPLICANT)
Owner's Name:
Corporation or Partnership (if applicable):
Applicant's Address:
Telephone Number:
Mobile Number:
Email Address:
RENTAL AGENT/AGENCY
Agent/Agency's Name:
Corporation or Partnership (if applicable):
Agency Address:
Telephone Number:
Mobile Number:
Email Address:
LOCAL MANAGER (IF DIFFERENT THAN OWNER)
Responsible Person's Name:
Corporation or Partnership (if applicable)
Agency Address:
Telephone Number:
Mobile Number:
Email Address:
PURPOSE OF APPLICATION
New STA Licence
Licence Renewal
PREMISES DETAILS
Current Use of Premises:
Proposed Number of Bedrooms:
Total STA Premises Occupant Load:
ATTACHMENTS (THE FOLLOWING MUST ACCOMPANY THE APPLICATION)
i.
Copy of the Transfer/Deed proving evidence of ownership
ii.
Copy of the Liability Insurance of not less than $2 million per occurrence for property damage
and bodily injury
iii.
Site Plan of the premises including parking, garbage disposal area and outdoor amenities (pool, hot
tub, deck(s), gazebo, etc.)
iv.
Floor Plans (scale drawing, see section 3.18)
v.
Local Manager Consent (if applicable)
vi.
Copy of Complete STA Inspection (ie. Fire, building etc.)
vii.
Renter Code of Conduct if different than Schedule "D"
viii.
Evidence of septic pumped out and inspected in the last three years
DECLARATION OF APPLICANT
I
certify that:
The information contained in this application, attached schedules, attached plans and specifications, and
other attached documentation is true to the best of my knowledge. If the owner is a corporation or
partnership, I have the authority to bind the corporation or partnership.
Date
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
14
Signature of Applicant
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
15
SCHEDULE B
TERMS AND REQUIREMENTS OF LICENCE
SHORT TERM ACCOMMODATION OBJECTIVES:
The STA Licensing by-law objectives include, but are not limited to:
-
ensuring occupants are provided with safe accommodations in terms of fire and building
safety;
-
ensuring STA premises are operated and maintained in sanitary and acceptable levels of
interior conditions;
-
ensuring STA Operators are made aware of their responsibilities to comply with Municipal
by-laws and other regulations; and,
-
protecting the character, amenities and quality of existing neighbourhoods in which the
STA is located.
WHO CAN REGISTER:
To apply for and operate a short-term rental licence, the licencee must:
-
18 years or older; and,
-
be the Owner of the dwelling in which the licenced STA is to be operated.
Note:
Once the owner of the building receives the license, the STA can be managed by a Local
Manager.
REQUIRED TO REGISTER
When registering, licensee needs to provide the Municipality with information, including;
-
Government-issued identification (ID) which includes photo and address
-
Contact information and address
-
Details of short-term rental, including description of the type of building your rental is
located in and which parts of the home will be short-term rented
-
Applicant must provide information related to occupancy and potential sewage load and
details of their sewage system to confirm capacity.
-
A record of systems pump-outs and maintenance and demonstrate that that septic tank
has been pumped out and inspected in the last three years of when application is made
for a license .
-
The number of occupants refers to the number of occupants of the rental unit.
-
2.5lbs ABC fire extinguishers shall be provided on every level of the home and
inspected/documented annually by certified company.
-
Smoke alarm systems shall be verified and inspected annually by certified company
-
Carbon monoxide detectors shall be installed outside of each sleeping area in an STA home
where fuel-fire appliances are in the premises, or the STA includes an attached garage.
-
WETT certification documentation for all wood burning appliances
-
A burn permit is required for all STAs allowing campfires on their property and must meet all
the requirements identified in the Open Air Burning By-Law No.2009-16
-
Name and telephone number of a Local Manager who will be available 24 hours a day
during rental periods.
Note:
Before submitting information to the Municipality, applicant must obtain consent from the
Local Manager. Applicant must keep a record of this consent.
THE MUNICIPALITY OF GORDON/BARRIE
ISLAND BY-LAW NO. 2022-13
FEES
Initial Registration STA licence fee -
HOSTED property
$650.00
Initial Registration STA licence fee -
UNHOSTED property
$800.00
Renewal STA licence fee HOSTED
$200.00
Renewal STA licence fee UNHOSTED
$500.00
ADDITIONAL:
TYPE
FEE ($) PER UNIT
Penalty for operating without an STA licence
$1000.00 per week
Council Appeal Fee
$500.00
Investigation Fee
Up to $600.00
Note
The licensee is not eligible to register a short-term rental if your registration was denied or
revoked in the last 12 months.
Completed STA Applications can be submitted by email to Municipality of Gordon/Barrie
Island at : [email protected]
For
information
on
Planning
and
Zoning
please
see
Municipal
website:www.gordonbarrieisland.ca
WHAT HAPPENS AFTER REGISTRATION?
After providing information and payment, the Municipality will validate the information and
review application.
If the application is approved, a registration number will be generated and emailed to licencee,
along with a STA Manual PDF which should be posted in the STA at all times.
The Municipality can deny application based on the eligibility criteria, and will inform
applicant of its intention to deny the registration. No one is eligible to register or renew a
short-term rental if the registration was denied or revoked in the last 12 months.
COMPLYING WITH REGULATIONS
Once registered as a short-term rental operator, they must:
-
provide guests information about Local Manager and instructions on how to contact 911
emergency service
-
provide guests with an emergency exit plan
-
ensure that Fire Permits with Municipality are current
-
keep the following records related to short-term rental and provide to the Municipality
upon request:
i.
the number of nights short-term rental was rented
ii.
the nightly and total price charged for each rental
iii.
the rental type e.g., the entire home rental or just room rental
-
The Licencee shall be responsible for ensuring that the use of the Short-term
Accommodation Unit shall not include:
i.
parties;
ii.
the lighting or discharging of fireworks;
iii.
exceeding occupancy limits in the unit or on the property; and
iv. use of outdoor speakers.
-
Liability Insurance of not less than $2 million per occurrence for property damage and
bodily injury
-
Parking be adequately provided on a per bedroom basis
-
Garbage must be stored in an enclosed area at all times and be disposed of at
Transfer Station with a Valid Transfer Station Tag issued to the Owner
-
Must display STA manual inside STA Dwelling or Dwelling Unit
-
Must post ownership information inside and outside unit at all times
-
Post how many occupants allowed within the STA premise
UPDATING YOUR REGISTRATION
The Municipality must be informed if any of the information that were provided during
registration changes. This includes changes in phone number, address, change of owner,
email, and alternate (emergency) contact name or contact information.
THE MUNICIPALITY OF GORDON/BARRIE ISLAND
BYLAW NO. 2022-13
SCHEDULE C
ROLES AND RESPONSIBILITIES
Role
Responsibility
OWNER SHALL RETAIN AND
ACQUIRE
STA inspections Ontario Building Code
( Provide inspection documentation to Municipality with
licence application)
OWNER SHALL CONTACT AND
MAKE ARRAGEMENTS FOR
FIRE SAFETY INSPECTION
STA inspections which should follow the Ontario Fire Code
( Provide inspection documentation to Municipality with
licence application)
DIRECTOR
All Administrative duties including applications, renewals,
and enforcements.
For the Licensing Appeal Committee, the Director, CAO,
Clerk and/or designate shall:
a) schedule a hearing; and
b) give the Licencee notice of the hearing at least
twenty (20) days prior to the hearing date; and
c) post notice of the hearing on the Municipality's
website at least
d) twenty (20) days prior to the hearing date.
The Director, CAO, Clerk shall no later than ten (10) days
from the making of the decision send one (1) copy of the
decision to:
a) the Applicant or Licencee;
b) each person who appeared in person or by Council
or by Agent at the hearing and who filed with the
Director, CAO, Clerk a written request for notice of
the decision.
COUNCIL
Participate as Licensing Appeal Committee
OWNER
Ensure Licencee Terms and Conditions are fulfilled
PROPERTY MANAGER
Available 24/7
RENTER
Follow "Renter Code of Conduct (Schedule "D")
THE MUNICIPALITY OF GORDON/BARRIE ISLAND
BYLAW NO. 2022-13
SCHEDULE D
RENTER CODE OF CONDUCT
Renter's Code of Conduct (as enacted by the Municipality of Gordon/Barrie Island)
PREMISE OF THIS CODE
The premise of this Code is that the short-term accommodation premises are located in the
vicinity of other properties and that the residents/occupants of these properties have the
right to enjoy their properties without being imposed upon by nuisance from others.
OBJECTIVES OF THIS CODE
The objective of this Code is to establish acceptable standards of behavior for renters and
their guests, and to minimize any adverse social or environmental impacts on their
neighbors and neighborhood.
The Renter acknowledges for themselves and on the behalf of others that they will be
occupying a short-term rental accommodation.
GUIDING PRINCIPLES
The Guiding Principles for short term accommodation renters are:
-
The premise that you are occupying is a home;
-
Treat the premise as your own;
-
Respect your neighbors; and,
-
Leave it as you find it.
MAXIMUM NUMBER OF RENTERS AND GUESTS
The maximum number of occupants within a dwelling that is being operated as a short-term
accommodation shall not exceed a total number based upon the number posted by the
Owner. But, in no case shall be more then 2 persons per bedroom or 8 persons per
property.
NOISE AND RESIDENTIAL AMENITY
No person shall make noise so as to cause a disturbance or conduct themselves in an antisocial
behaviour. Examples of noise that is deemed to be a disturbance include:
a)
Loud music;
b)
Outdoor Speakers;
c)
Outdoor or backyard gatherings involving excessive noise;
d)
Fireworks;
e)
Late or early hour disturbances;
f)
Exceeding occupancy limits; and,
g)
Yelling, shouting, chanting and loud conversations.
Please be advised that the Municipality of Gordon/Barrie Island Noise By-law is By-law
No. 2023-17, is in effect 24 hours a day, 7 days a week.
Renters are not allowed to disturb neighbours or interfere with their enjoyment of their
properties, or the public realm, at any time of the day or night. Failure to comply with the
conditions of the Municipality's Noise By-law may result in the notification of the Ontario
Provincial Police who may, upon attendance, issue a Notice of Offence, which carries with it
a fine, upon conviction, for a first offence.
Please enjoy your stay but have consideration for others.
FUNCTIONS AND PARTIES
Short term accommodation renters are not to host functions or parties as occupancy limits
apply to the house and property in accordance with the licence.
ACCESS AND PARKING
Property includes parking on a per bedroom basis. Permitted parking should be the only area
used for parking.
RECYCLING AND GARBAGE
Please dispose all garbage and recycling to designated garbage area. Ensure that garbage
and recycling is sealed shut and not overflowing.
THE MUNICIPALITY OF Gordon/Barrie Island
BY-LAW NO. 2022-13
The Municipality of Gordon/Barrie
Island Part 1 Provincial Offence Act
Short Term Accommodations By-law
Item
Column 1
Short Form Wording
Column 2
Provision Creating or
Defining Offence
Column 3
Set Fine
1.
Advertising, facilitating or brokering an
unregistered short-term rental
Sec. 3.4
$500
2.
Advertising a short-term rental without a
registration number
Sec. 3.14
$600
3.
Renting an entire unit for more than the
maximum number of permitted days
Sec. 3.15
$500
4.
Refusing to serve a person accompanied by
a service animal
Sec. 3.16
$500
5.
Failing to notify the Municipality of a
change
in
licensing
or
registration
information
Sec. 3.17
$400
6.
Failing to provide emergency contact
information to a guest
Sec. 3.18
$400
7.
Failing to provide information regarding 9-
1-1 service to a guest
Sec. 3.18
$400
8.
Failing to provide a diagram of exits from
the building
Sec. 3.18
$300
9.
Renting more than one short term unit per
property accommodation
Sec. 3.19
$400
10.
Failing to register a short-term rental
Sec. 3.20
$600
11.
Fail to keep complete transaction record for
3 years
Sec. 8.6
$300
12.
Failing to provide transaction records
within 30 days of a request from the
Municipality
Sec. 8.6
$300
13.
Hinder or obstruct an officer
Sec. 9.9
$500
Note: The general penalty provision for the offences listed above is Section 10.5 of
By-law 2022-09, a certified copy which has been filed.