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THE CORPORATION OF THE TOWN OF GORE BAY
BY-LAW NO. 2023-16
BEING A BY-LAW To REGULATE SHORT-TERM RENTAL ACCOMMODATIONS WITHIN
THE TOWN OF GORE BAY
WHEREAS Section 9 of the Municipal Act. 2001, 5.0. 2001, c.25, as amended, provides that Section 8 and
Section ii 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 B of the Municipal Act, authorizes a municipality to pass a By-law
respecting the health, safety and well-being of Persons;
AND WHEREAS And tM,ereas 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 for obtaining, continuing to hold or renewing a Licence:
d)
impose special conditions on a business in a dass that have not been imposed on all the
businesses in that class 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 429.1 of the Municipal Act, provides that a municipality may establish a
system of
fines for offences under a by-law of the municipality passed under the Act;
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 Ad;
AND WHEREAS Section 23.1 of the Municipal Act, authorizes a municipality to delegate its powers and duties;
AND WHEREAS the Council the Corporation of the Town of Gore Bay has deemed it necessary and expedient
to regulate and licence the Short-Term Rental of Property in the Municipality;
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF GORE BAY ENACTS AS
FOLLOWS:
1.
APPLICATION
1.1.
The provisions of this By-law shall apply to all properties within the Town of Gore Bay.
2.
DEFINITIONS
2.1.
For 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;
"ACCESSORY BUILDING
means a detached building located on the same tot as the main building, the use of
which is incidental or secondary to that of the main building and for example may include a guest cabin, private
garage, boathouse, tool shed, storage building, warehouse, and other similar uses;
'ADDITIONAL OCCUPANTS' means an individual that is not included within the registered number of occupants
allowed in an approved STR license;
"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 CAOIClerk for the Municipality, or any Person designated by the Clerk;
"CORPORATION" means a body incorporated pursuant to the laws of Ontario or Canada;
"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.
"SINGLE HOME DWELLING" means a building occupied or capable of being occupied exclusively as a home,
residence or steeping 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.
"DWELLING UNIT means a suite of two (2) or more habitable rooms, occupied by one or more
persons, in which sanitary conveniences are provided and in which facilities are provided for
cooking or for the installation of cooking equipment, and with an independent entrance,
either directly from outside the building or from a common corridor inside the building.
"FEE" means a fee set forth in the Town of Gore Bay for a particular type of service, piece of work, or penalty.
"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;
"LOCAL MANAGER" means the responsible person to act as a local contact and who responds to any questions, or
complaints and is subject to the terms and conditions as laid out in this by-law;
"MUNICIPALITY" means the Corporation of the Town of Gore Bay or the land within the geographic limits of the
Corporation of the Town of Gore Bay as the context requires;
"NUISANCE" means an activity or behaviour that when repetitive as determined by the discretion of the Director
causes an inconvenience or damage to others, either to individuals andior to the general public;
"OFFICER" means a 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 another legal representative;
"PREMISES" means land, Property or any part thereof including any and all Buildings or other structures thereon;
"PROPERTY" means the land upon which a Short Term Rental Accommodation is operated, exclusive of
buildings or structures or any part thereof;
"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 the secondary use of a residential Dwelling Unit that
offers a place of accommodation or temporary residence, or occupancy by way of concession, permit,
lease, license, rental agreement, or similar arrangement for fewer than twenty-eight (28) consecutive
calendar days with no on-site management throughout all or part of the year. Short-Term Rental
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Accommodation uses shall not mean a motel, hotel] bed and breakfast establishment, tourist establishment,
tourist cabin establishment] or similar commercial accommodation use. For the purposes of this definition,
a secondary use shall mean secondary in terms of time the Dwelling Unit is used as a Short-Terni Rental
Accommodation.
"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 lhe Municipality passed pursuant to Section 34 of the
Planning Actor a successor thereof, as may be amended from lime 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.
The Municipality reserves the right to cap the number of licences issued. No licence will be issued
until the total number of licences at any point within a calendar year falls below 5. The number of licences
at any given time shall not exceed five (5) in total.
3.3.
No Person shall own, operate, or carry on a business or activity as a Short-Term Accommodation
otherthan in accordance with the terms and conditions of a Licence under this By-law.
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 atteration 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 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 STA Premise under this By-law, except
an Officer.
3.11.
No Person shall own, operate, or carry on a business or activity as a STA while a Licence is
under an administrative suspension.
3.12.
No Person Shall operate a Short Term Accommodation
in contravention of a Provincial
Restriction or Order.
3.13.
No Person will inhabit or rent an Accessory Building as a Short-Term Rental Accommodation.
3.14.
No Person shall advertise a Short Term Accommodation without a registration number as per
Schedule C.
3.15.
No Person shall refuse to rent to a person accompanied by a service animal.
3.16.
Every person shall notify the Municipality of any change in licensing or registration information
as per Schedule B.
3.17.
Every person who owns
or operates
a Short Term Accommodation
shall comply with
requirements to provide emergency contact information and a layout ofthefire exits from the building, as
per Schedule B complying with regulations and shall provide guests with emergency contact and 9-1-I
information as well as diagrams of exits from the building.
3.18.
No person shall operate more than one short term accommodation unit per property.
3.19.
No person shall operate a Short Term Accommodation rental without obtaining a licence.
3.20.
Every person who owns or operates a Short Term Accommodation shall provide one parking place
per bedroom, with a minimum of two parking places per short term accommodation.
3.21.
No person shall allow additional Occupant(s) for overnight accommodation beyond the approved
licence limitations.
3.22.
No person shall rent an entire unit for more than the maximum number of permitted days.
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 andlor 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 tees.
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 a Licence application is submitted.
5.
LICENCES
5.1.
A Short Term Rental Accommodation licence that has been issued pursuant to this By-law shall expire
upon the earliest of the following events:
a.
December 3P1 of the year issued; or
b.
Upon the sale or transfer of the Short Term Rental Accommodation dwelling to a person other than
a licencee, or whichever comes first;
c.
A Short Term Rental Accommodation Licence cannot be assigned or transferred from the Licencee
to another party;
d.
The licence has been revoked in accordance with the provisions of this By-law.
5.2.
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.
5.3.
The Licence Issuer is hereby delegated authority to impose additional terms and conditions on a Licence
that in the opinion of the Licence Issuer are reasonable and take into consideration:
a,
the health, safety and well-being of Persons;
b.
the impact on a neighbouring Property or neighbouring Property owner;
c.
the past conduct of an applicant or Licencee;
d.
the impact on the Municipality;
e.
the need within the Municipality;
f.
supported by Policy and or By-law, and Council.
5.4.
A Licence issued by the Municipality is not transferable.
5.5.
A Licence issued pursuant to this By-law is valid for the year it is issued, at which point the Licencee can
apply for a renewal.
5.6.
A Licence subject to renewal will maintain the same Licence number and be subject to the same
requirements as the original issued Licence otherthan fees and administration costs regarding renewals
in Section 13.0 of this By-law.
5.7.
It is the responsibility of the licence holder to ensure that the renewal for a licence has been submitted
to the Town no later lhan the 1 full weekend in February. Failure to do so will result in a termination of
the program and the property will be required to go through a new applicalion process, further will be
subject to the new application fee set out in Schedule B.
5.8.
Every Licence shall remain at all times the property of the Municipality;
5.9.
No Person shall enjoy a vested right in any Licence or the continuance of any Licence;
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5.10.
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
inspechons
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 Schedule B of this By- law.
5.11. The Licence Issuer shall not issue a Licence if the owner(s) or applicant(s) have any outstanding
complaints, fines, penalties, legal costs, disbursements, Property taxes and late payment charges
owing to the Municipality for the Property subject to the Licence application.
5.12. A licence can be renewed by the same licence holder for up to two consecutive years without the need
for a site inspection. Upon the third year anniversary of the original issuance of the licence, the property
will be subject to a full review and thus a new application will be required and the property will be subject
to the new application fee.
5.13. The Director has the right to extend any active licence for up to one (1) calendar year, should there be
a declared emergency that directly affects the licence holders under this program.
5.14.
In case of withdrawal of an application, the Director shall determine the amount of paid application fees
that may be refunded to the applicant based on the following:
a.
Application filed
-- 75% maximum refund
b.
Application review process started with no inspection
-- 50% maximum refund
c.
No refund after any site inspections is carried out with respect to the submitted application
d.
No refund will be provided where it has been determined that the property has been rented out prior to,
during, or after the review of the application.
5.15.
A Licence shall only be issued by the Licence Issuer to the registered owner of the Property.
5.16.
A Licence will only be issued to a Short Term Accommodation in the Municipality once approved
by the Licence Issuer.
5.17.
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.
Local Manager name and contact information;
f.
a copy of the STR By-law 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 A", "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.
owners name
c.
Local Manager's Name;
d.
ownership of the business;
e.
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 STA 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.
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Apartment buildings 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 does not conform with applicable Federal and
Provincial laws 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 weekwhile 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. Rooms with murphy beds or pull out sofas shall be included
as guest rooms.
6.9.
All advertising
for Short Term
Accommodation rentals
shall
include the
Municipality's short term
accommodation license number.
6.10.
Compliance Monitoring and enforcement is by the Munidpality may include but is not limited to:
Active monitoring of STAs in The Town of Gore Bay across multiple STA websites (i.e. Airbnb,
VRBO, HomesAway, etc.):
Monthly report on aggregate STA activity, including high resolution screenshots of all active listings
& full addresses and contact listings for all identifiable STAs;
Monthly analysis of STA trends in the Municipality;
Ongoing monitoring of STAs for zoning & permit compliance;
Pro-active and systematic outreach to unpermitted and/or illegal short-term rental operators;
Monthly reporting 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.
1ere 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
the 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 the reason for suspension.
7.3.
An administrative or immediate suspension imposed under Section 7 may be imposed on such
conditions as the Licence Issuer considers appropriate.
S.
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
e.
the applicant or Licencee has tailed 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 applied or submitted 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 Issuerwithin two (2) business 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 on 48
hours notice enter upon the Premise excluding entry into a Dwelling Unit for the purpose of receiving,
taking or removing the said Licence,
8.6.
EveryApplicant or Licencee shall keep transactions recordsfora three (3) yearperiod 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 STR By-law. Renter Code of Conduct if different from Schedule 0,
emergency contact person and number, site plan, and floor plan inside the Dwelling or Dwelling Unit
which should be used as a reference guide for Renters.
9.4.
Owner or their local manager shall be always available via phone and for onsite assistance
during the rental period in the case of a reported complaint
9.5.
The Owners and Local Manager updated contact information must be clearly always posted
in and outside the Licenced unit.
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.
8
9.7.
The Officer or agent will be responsible to collect information regarding the nature of the issue
from the complainant.
9.8.
If required the Officer will inspect the properly and rental unit to investigate the complaint and/or
direct a 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 confidential information up until which time it is needed in
a court of law.
9.17.
Once a complaint is deemed valid it will be a registered complaint.
9.18.
Once a property receives three (3) registered complaints within a single year, or where a registered
cemplaint 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 friture complaints and
may be subject to a fine.
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:
9
b) inform the Licencee of entitlement to a hearing before the Licensing Appeal Committee (as
defined in Sec. 11.1) if a request in writing for a hearing is returned to the Director within fifteen
(15) days afle, the date of service of the notice.
10.3.
On receipt of a written request for a hearing from an Applicant orLicencee, 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 (he 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. P.3.0. 1990, Chapter P.33
10.6.
Any person(s)
who contravenes any provision
of this
By-law is
liable to an
additional
Administrative Monetary Penalty if the Municipality is satisfied the person(s) has failed to comply with
any part to this By-law.
10.7.
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 authorb under this By-law.
10.8.
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.
10.9.
In addition to prosecution under this By-Law, the Municipality may prosecute violators of this By
Law fortrespass or exercising any other statutory or common rights.
10.10.lf licencees do not comply with the regulations in this by-law. they are guilty of an offence. If
convicted, they may be liable to pay a fine of up to $100,000.
10.11.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.
10.12.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 ofthe Statutory Powers and Procedures Act, P.3.0. 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 othei'wise in accordance with the Statutory
Powers and Procedures Act, P.3.0. 1990, c, S. 22, as amended. and the Licensing Appeal
Committee shall hear the Applicant or Licencee and every other person who desires to be
heard, and the Licensing Appeal Committee may adjourn the hearing or reserve its decision.
12.3.
No decision ol the Licensing Appeal Committee is valid unless it is concurred by a majority of
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.
10
12.4.
Any authority or permission granted by the Licensing Appeal Committee in accordance with the
powers and requirements of this By-law, may for such time and subject to such terms and
conditions as the Licensing Appeal Committee considers advisable and will be set out in the
decision.
12.5.
When a Person who has been given written notice ot 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 lurther notice of the proceedings.
12.6.
The Directorshall 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 Counselor by Agent at the hearing and who
filed with the Director a whiten 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 lime of applying for 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 as set out in Schedule B 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.
Fees are distinct from penalties and fines which may be incurred where enforcement is required.
14.
MUNICIPAL AND PRIVATE SERVICES
14.1.
Garbage must bagged and stored in a securely enclosed area and abide by the municipal
transfer station policy for waste management.
14.2.
Owners must maintain a record of septic system pump-outs and maintenance if applicable and
make that record(s) available for inspection by an Officer,
14.3.
Owners must, if applicable. at thetime of application for a renewal of a Licence demonstrate thatthat
septic tank has been pumped out and inspected in the last three years.
14.4.
Owners must it applicable, provide intormation related to occupancy and potential sewage load
and details of their sewage system to confirm capacity at the 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 than the section, clause of provision so declared to be
invalid, and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this
By-law shall remain in full force and in effect until repealed, notwithstanding that one or more provisions thereof
shall have been declared to be invalid.
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
1.1
17.
SCHEDULES
17.1.
Schedules 'A" 'Licence Application Requirements", 'B' "Terms and Requirements of LicencW,
Schedule C" Roles and Responsibilities", and Schedule '0" 'Renter Code of Conduct" attached
to this By-law form part of this By-law.
Personal information contained in this form a,,d schedules's collected under the authority of the Municipal Freedom of Information and
Privacy Act and will be used in tf.e a dnsnistration and enforcement of the Short-Term Accommodation Licensing By-law.
THAT this By-law shall tome into force and take effect upon the final passing thereof.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 81h DAY OF MAY
2023.
MAYOR
CLERK
12
SCHEDULE
A
LICENCE APPLICATION REOUIREMENTS
PROPERTY INFORMATION (PROPERTY TO BE UCENCED)
Address:
(APPLICANT)
Owner's Name:
Corporation or Partnership (if applicable):
Applicant's Address:
Telephone
Number:
Mobile Number:
[mail Address:
RENTAL AGENT/AGENCY (If applicable)
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 U
Licence Renewal LI
PREMISES DETAILS
Current Use of Premises:
Proposed Number of Bedrooms:
Total STA Premises Occupant Load:_________________________________________________________
ATTACHMENTS (THE FOLLOWING MUST ACCOMPANY THE APPLICATION)
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
Hi.
Site Plan of the premises (including parking and garbage disposal area)
iv.
Floor Plans (see guide for requirements)
v.
Local Manager Contact Information and Consent (if applicable)
vi.
Copy of Complete STA Inspection (Life Safety Inspection) Copy of Complete STA Inspection (Life Safety
Inspection) Inspections must be completed by a person or corporation qualified to perform life safety
inspections and must be insured to work in Ontario. The requirement for inspecting must include life
safety systems as well as report items with health and safety concerns.
vU.
Renter Code of Conduct if different than Schedule "D"
vhi.
Evidence of septic pumped out and inspected in the last three years.
ix.
Application Fee
DECLARATION OF APPLICANT
I
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.
I
shall defend, indemnify and save harmless the Town of Gore
Bay, its elected officials, officers, employees and agents from and against any and all claims of any nature,
actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every
nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage
to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of
service, arising out of or allegedly attributable to the negligence, acts, errors, omissions,
misfeasance,
nonfeasance, fraud or willful misconduct of the applicant/licensee, its directors, officers, employees, agents,
contractors and subcontractors, or any of them,
in connection with or in any way related to the delivery or
performance of this contract.
Date
Signature of Applicant
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 the existing neighbourhood in which
the STA is located.
WHO CAN REGISTER:
To apply for and operate a short-term rental licence, the applicant 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 licence, the STA can be managed by a Local
Manager.
REOUIRED TO REGISTER
When registering, the licencee 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 a description of the type of building your rental is
located 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. (If applicable)
-
a record of systems pump-outs and maintenance and demonstrate that that septic tank
has been pumped out and inspected in the last three years of when application is made
for a licence. (If applicable)
-
The number of occupants refers to the number of occupants of the rental unit.
-
name and telephone number of a Local Manager who will be available 24 hours a day
during rental periods.
Note:
Before submitting information to the Municipality, applicant must obtain consent from the
Local Manager. Applicant must keep and provide a record of this consent.
15
THE CORPORATION OF THE TOWN OF
FEES
GORE BAY BY-LAW NO. 2023-IS
.nitial Registration STA licence fee
I$85000
Renewal STA licence fee
$500.00
ADDITIONAL:
VPE
FEE ($) PER UNIT
Penalty for operating without an STA licence
$1000.00 per week
:ouncil Appeal Fee
$500.00
nvestigation Fee
Up to $600.00
False Complaints (sec 9.20.)
Jp to S600.00
Penalty for not Complying to Regulations
Jp to $100,000
sec,10.9.)
pecial Fines (serbia.)
Fine deemed by court plus $10,000 for
[
each day the offence continues
IN CASE OF A WTTHDRAWN APPLICATION:
Application Filed
75°k Maximum Refund
Application Review Process Started with no
5Q0/ Maximum Refund
Inspection
After Inspection is Completed
0°/s Refund
Determined the Property was rented out prior,
0% Refund
during or after the review of an application and
prior to licence approval
Note
The licencee 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 in person or by email to adn':n€goebav.ca
Payment by e transfer are received at cenoavrnentQgcrebav.ca Note the subject as STA
application fee.
For more information on Planning and Zoning please see the Municipal website at
ww w
. gorebay ca
WHAT HAPPENS AFTER RtGISTRATION'
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 the licencee.
along with a copy of the STA By-law which shall be always posted in the STA.
The Municipality can deny an application based on the eligibility criteria and will inform the
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.
All advertising by the licensee for the Short Term accommodation Rental must include the
licence registration number provided by the Municipality.
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
-
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
U.
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;
u.
the lighting or discharging of fireworks;
iii.
exceeding occupancy limits in the unit or on the property;
iv. use of outdoor speakers.
v.
loud music or shouting; and
vi. outdoor fires
-
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 always stored in an enclosed area.
-
Must display a copy of the STA 6y-law inside STA Dwelling or Dwelling Unit
-
Must always post ownership and local manager information inside and outside unit
-
Post how many occupants allowed within the SIA 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 CORPORATION OF THE TOWN OF GORE BAY
BY- LAW NO. 2023-16
SCHEDULE C
ROLES AND RESPONSIBILITIES
tale
-- esponsibility
)IRECTOR
ll Administrative duties including applications, renewals,
,nd enforcements.
For the Licensing Appeal Committee, the Director, CAD,
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
Nebsite at least
d)
twenty (20) days prior to the hearing date.
[he Director, CAD, Clerk shall no later than ten (10) days
rom the making of the decision send one (1) copy of the
Jecision 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, CAD, Clerk a written request for notice of
he decision.
:DuNCIL
Participate as Licensing Appeal Committee
)WNER
Ensure Licencee Terms and Conditions are fulfilled
'ROPERTY MANAGER
\vailable 24/7
RENTER
Follow "Renter Code of Conduct (Schedule "D")
THE CORPORATION OF THE TOWN OF GORE BAY
BY- LAW NO. 2023-16
SCHEDULED RENTER CODE OF CONDUCT
Renter's Code of Conduct (as enacted by the Town of Gore Bay)
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.
OBJEaIVES 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 than 2 persons per bedroom or 8 persons per property.
NOISE AND RESIDENTIAL AMENITY
No person shall make noise 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 or outdoor fires;
e)
Late or early hour disturbances;
F)
Exceeding occupancy limits; and,
g)
Yelling, shouting, chanting and loud conversations.
Please be advised that The Town of Gore Bay Noise By-law is By-law No. 2012-28, 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.
TIlE CORPORATION OF TIlE TOWN OF GORE BAY
BYLAW 2024-15
BEING A BYLAW TO AMEND BYLAW 2023-16
BEING TIlE BYLAW TO REGULATE SIIORT TERM RENTALS WITHIN [HE TOWN OF
GORE BAY
WFIEREAS the Town of Gore Bay wishes to amend Bylaw 2023-16 to update the set fine by-law:
NOW 1HEREFORE [HE COUNCIL FOR iHh [OWN OF GORE BAY ENACTS AS FOLLOWS:
THE CORPORATION OF THE TOWN OF GORE BAY
BY- LAW NO. 2023-16
Part I Provincial Offences Act
Short Term Accommodations By-law
tern
olumn I
olumn 2
olumn 3
Theft Form Wording
Provision
Creating or Set Fine
Defining Offence
1.
\dvertising,
or brokering a short term
Sec. 3.4
5500
rental without a valid licence
.
\dvertising a short-term rental without a
Sec. 3.14
5600
registration number
1.
Renting an entire unit for more than the
Sec. 3.22
5500
naximum number of permitted days
I.
Refusing to rent to a person accompanied
Sec. 3.15
5500
)y a service animal
.
Failing to
notify the Municipality of a
Sec. 3.16
5400
thange in licensing or registration
nformation
5.
Failing to provide emergency contact
Sec. 3.17
5400
information to a guest
'.
Failing to provide information regarding g
Sec. 3.17
5400
1-1 service to a guest
3.
Failing to provide a diagram of exits from
Sec. 3.17
5300
he building
).
Renting more than one short term
Sec. 3.18
5400
3ccommodation unit per property
10.
Dperate a short term rental without a
Sec. 3.19
5600
icence
11.
Fail to keep complete transaction record for Sec. 8.6
5300
3 years
12.
Failing to provide a transaction record
Sec. 8.6
5300
within 30 days of a request from the
Viunicipality
13,
Hinder or obstruct an officer
Sec. 9.9
5500
Note: The penalty provision for the offences indicated above is section 10.5 of
this By-Law No. 2023-16 of which a certified copy has been filed.
2.
rHATthis by-Law shaLl come into force and take effect on the final date of passing hereof.
READ A FIRST. SECOND, AND THIRD TIME AND FINALLY PASSED THIS 131h DAY OF MAY 2024.
MAYOR
CLERK