Short Term Rental / Business Licence Amendment By-law (2023)-20825
Guelph, Ontario
· adopted 2023-10-24
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By-law Number (2023) - 20825
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The Corporation of the City of Guelph
By-law Number (2023)-20825
A By-law to amend By-law Number (2009)-
18855, as previously amended, being a By-
law respecting the licencing of businesses
operating within the City of Guelph, in
respect of short-term rentals
WHEREAS pursuant to the Provisions of Part IV of the Municipal Act, 2001, S.O.
2001, c. 25, as amended, ("Act") the Council of The Corporation of the City of
Guelph ("Council") may provide for a system of licence with respect to businesses.
AND WHEREAS The Corporation of the City of Guelph ("City") adopted By-Law
Number (2009)-18855, being a By-law respecting the licencing of businesses
operating within the City of Guelph, on September 28, 2009, as amended;
AND WHEREAS, pursuant to section 10 of the Act, the City is exercising its
authority to regulate short-term rentals in the interest of health and safety, well-
being of persons, consumer protection, and nuisance control;
AND WHEREAS section 436 of the Act, authorizes the City to pass-bylaws
providing that the municipality may enter on land at any reasonable time for the
purposes of carrying out an inspection to determine whether or not there is
compliance with a by-law, a direction or order, or a condition of a licence;
AND WHEREAS section 390 of the Act, authorizes the City to pass by-laws
imposing fees or charges for services provided or done by it or on behalf of it;
AND WHEREAS the City now intends to impose conditions on short-term rentals
within the City of Guelph; and
AND WHEREAS the City intends to amend By-law Number (2009)-18855 as set
out herein;
The Council of the Corporation of the City of Guelph enacts as follows:
1. That Schedule "A" of By-law Number (2009)-18855, as amended, is hereby
deleted and replaced with the new Schedule "A" attached as Schedule "1".
2. That Schedule "B" of By-law Number (2009)-18855, as amended, is hereby
deleted and replaced with the new Schedule B" attached as Schedule "2".
3. That the attached Schedule "3" shall be added to By-law Number (2009)-18855
as a new Schedule 20 therein.
4.
In all other respects By-law Number (2009)-18855, as previously amended,
remains unchanged.
5. This By-law shall come into force and take effect on December 1, 2023.
Passed this 24 day of October 2023.
Schedules:
Schedule 1: Schedule "A" to City of Guelph By-Law Number (2009)-18855
Businesses Requiring Business Licences
Schedule 2: Schedule "B" to City of Guelph By-Law Number (2009)-18855 Required
Inspections For Both Initial Applications And Renewals
Schedule 3: being new Schedule "20" to City of Guelph By-Law Number (2009)-
18855 Short-Term Rentals
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By-law Number (2023) - 20825
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Cam Guthrie, Mayor
Stephen O'Brien, City Clerk
This by-law was approved by Guelph City
Council on October 24, 2023. Written
approval of the by-law was given by Mayoral
Decision 2023-A11 dated October 24,
2023.
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Schedule "1"
being new SCHEDULE "A"
to The Corporation of the City of Guelph By-law Number (2009)-
18855
BUSINESSES REQUIRING BUSINESS LICENCES
SCHEDULE
BUSINESS
1
Adult Entertainment Establishment
Adult Entertainment Retail Establishment
2
Amusement Establishment
3
Bed and Breakfast
4
Catering Business
5
Food Establishment Business
6
Outdoor Food Sales Business
7
Holistic Services: Owner, Operator or Practitioner
8
Hotel Establishments
9
Pawnbroker
10
Personal Service Establishment
11
Private Parking Agent
12
Public Assembly Hall
13
Outdoor Merchant Sales Business
14
Driving Instructor
15
Donation Bin, Publication Dispensing Box
16
Taxicabs, Accessible Taxicabs and Limousines
17
Vehicle for Hire
18
Second-hand Good and Salvage Goods
19
Payday Loan Establishment
20
Short-Term Rentals
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Schedule "2"
being new SCHEDULE "B"
to The Corporation of the City of Guelph By-law Number (2009)-
18855
REQUIRED INSPECTIONS FOR BOTH INITIAL APPLICATIONS AND
RENEWALS
SCHEDULE
#
BUSINESS
APPLICATION
RENEWAL
1
Adult Entertainment
Establishment
Adult Entertainment
Retail Establishment
Zoning, By-law,
Fire, Building
By-law, Fire
Zoning, By-law,
Fire, Building
By-law, Fire
2
Amusement
Establishment
Zoning, Fire,
Building
Fire
3
Bed & Breakfast
Zoning, Fire,
Building
Fire
4
Catering Business
Zoning, Fire,
Health, Building
Fire, Health
5
Food Establishment
Business
Zoning, Fire,
Health, Building
Fire, Health
6
Outdoor Food Sales
Business
Zoning, By-law,
Health, Fire
By-law, Fire, Health
7
Holistic Services -
Owner
Practitioner/
Operator
Zoning, By-law,
Building, Health,
Fire
By-law, Fire, Health
n/a
By-law
8
Hotel Establishment
Zoning, By-law,
Building, Fire
Fire
9
Pawnbroker
Zoning, Fire,
Building
n/a
10
Personal Service
Establishment
Zoning, By-law,
Fire, Health,
Building
By-law, Fire, Health
11
Private Parking
Agent
By-law
n/a
12
Public Assembly Hall
Zoning, Fire,
Health, Building
Fire, Health
13
Outdoor
Merchandise Sales
Business
Zoning, By-law,
Fire, Health
By-law, Fire, Health
14
Driving Instructor
By-law
n/a
15
Donation Bin,
Publication
Dispensing Box
By-law
n/a
16
Taxicabs, Accessible
Taxicabs and
Limousines
By-Law
By-Law
17
Vehicle for Hire
By-law
By-law
18
Second-hand Goods
and Salvage Goods
By-law
By-law
19
Payday Loan
Establishments
Zoning, By-Law,
Fire, Building
Fire
20
Short-Term Rentals
Zoning, By-Law,
Fire, Building
Fire, By-law
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By-law Number (2023) - 20825
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Schedule "3"
being new SCHEDULE "20"
to The Corporation of the City of Guelph By-law Number (2009)-
18855
SHORT-TERM RENTALS
The provisions of this Schedule shall apply in respect of Businesses which
operate as Short-Term Rentals.
Definitions
1. In addition to the terms defined in section 1 of this By-law, the following terms
shall have the corresponding meanings for the purposes of this Schedule, and
any forms, contracts, or policies prepared in relation to this Schedule:
"Additional Residence" means a Dwelling located in Guelph that is owned
by the same person, either alone or jointly with others, who is the Owner of
the Principal Residence.
"Principal Additional Residence" means a Dwelling that has a separate
municipal address and is situated on same Premises as that of the Principal
Residence.
"Dwelling" means one or more habitable rooms designed, occupied or
intended to be occupied as living quarters.
"Electricity Act" means the Electricity Act, 1998, S.O. 1998, c. 15, Sched.
A., as amended from time to time or any successor thereof.
"Operator" means any person who owns a residential property within the
City of Guelph and operates or permits the operation of a Short-Term Rental
and does not include a corporation.
"Principal Residence" means a Dwelling located in Guelph that is owned by
a person, either alone or jointly with others, where the person is ordinarily
resident, makes their home and conducts their daily affairs, including,
without limitation, paying bills and receiving documentation related to
identification, taxation and insurance purposes, drivers' licenses, income tax
returns, medical plan documentation, vehicle registration and voter
registration, or similar information.
"Reservation" means a booking or commitment between an Operator and a
person that the Short-Term Rental will be available for the person's use for a
specified period of time.
"Schedule" means this Short-Term Rentals Schedule under this By-law.
"Owner" means the registered person, either alone or jointly with others
who is the owner of the lands or Premises and who is not a corporation.
"PIPEDA" means the Personal Information Protection and Electronic
Documents Act (S.C. 2000, c. 5), as amended from time to time or any
successor thereof.
"Short-Term Rental" means temporary accommodation in all or part of a
Dwelling that is provided for thirty (30) consecutive days or less in exchange
for payment or service.
"User Fees or Charges By-Law" means the City of Guelph's user fees or
charges by-law number (2021)-20655, as amended from time to time, or any
successor thereof as approved by City Council;
Application
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2. This Schedule does not apply to:
(a)
a hotel, motel, inn, resort, bed and breakfast defined and regulated by
the Building Code Act and/or the Zoning By-Law;
(b)
a residence operated by a post-secondary institution;
(c)
a home for special care operated under the authority of a licence
issued under the Homes for Special Care Act, R.S.O. 1990, c. H. 12;
(d)
a long-term care home operated under the authority of a licence
issued under the Long-Term Care Homes Act, 2007, S.O. 2007, c.8;
(e)
a retirement home operated under the authority of a licence issued
under the Retirement Homes Act, 2010, S.O. 2010, c. 11;
(f)
a boarding, lodging or rooming house, as defined in the Building Code
Act and/or the Zoning By-law.
Prohibitions
3. No person shall operate a Short-Term Rental unless they have obtained a
Business Licence to do so from the City.
4. No person shall operate a Short-Term Rental unless that person is the Owner of
the Principal Residence and the Owner's name and the municipal address of the
Owner's Principal Residence are registered on the Business Licence.
5. No person shall operate an additional Short-Term Rental unless that person has
a Short-Term Rental location listed on the Business Licence as either that
person's Principal Residence or that person's Principal Additional Residence.
6. No person shall provide or advertise a Short-Term Rental without prominently
displaying at the Premises and in each advertisement the Operator's Business
Licence number.
7. No person shall fail to remove an advertisement for a Short-Term Rental that is
prohibited under this By-law within twenty-four (24) hours of becoming aware of
the prohibition or receiving notice to do so by the Issuer of Licences.
8. No person shall provide or advertise a Short-Term Rental that is not licensed in
accordance with this By-Law.
9. Every Operator is required to maintain insurance as specified in this Schedule.
10.No person who is required under this Schedule to maintain insurance shall fail to
keep the policy in force for the period for which the Business Licence is in effect,
inclusive of any renewal period.
Submitting an Application
11.To apply for an Operator's Business Licence or its renewal an Applicant shall
submit to the City the information required by this Schedule, together with all
applicable fees, as prescribed by the User Fees or Charges By-law.
12.No person shall be entitled to apply for a Business Licence or to renew a
Business Licence if in the year prior to the application, the person applied for
and was refused a Business Licence or had their Business Licence revoked by
the City.
Application Requirements
13.An application for an Operator's Business Licence shall be in a form approved by
the Issuer of Licences and require the Applicant to provide the following for each
Operator's Short-Term Rental location:
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(a)
The Operator's name, phone number, and e-mail address;
(b)
The municipal address of the Operator's Principal Residence;
(c)
The municipal address of the Operator's Short-Term Rental location;
(d)
A Floor Plan showing the square footage of the Dwelling in which the
Short-Term Rental will be located including the number of bedrooms in
the Short-Term Rental, along with the number of smoke alarms and
carbon monoxide detectors and their respective locations;
(e)
A description of what parts of the Premises will be used for the Short-
Term Rental;
(f)
A description of the type of building in which the Short-Term Rental is
located;
(g)
The number of off-street parking spaces available for the Short-Term
Rental;
(h)
The guest information package, as further described in section 35 of
this Schedule;
(i)
A detailed fire escape plan;
(j)
Proof of adequate insurance coverage in accordance with section 37 of
this Schedule;
(k)
If applicable, proof to the satisfaction of and in a form satisfactory to
the Issuer of Licences that the condominium corporation permits
Short-Term Rentals;
(l)
Proof to the satisfaction of and in a form satisfactory to the Issuer of
Licences that the Premises is in compliance and will be maintained in
compliance with the applicable laws and City By-laws, including but
not limited to the Building Code Act, Fire Protection and Prevention
Act, Property Standards By-Law and Zoning By-Law;
(m)
The name and telephone number of an emergency contact person who
will be available twenty-four (24) hours a day during the Short-Term
Rental periods;
(n)
List of companies used to advertise the Short-Term Rental;
(o)
Government-issued identification and any other documentation to the
satisfaction of the Issuer of Licences to demonstrate that the Applicant
is the Owner of the Principal Residence;
(p)
Government-issued identification and any other documentation to the
satisfaction of the Issuer of Licences to demonstrate that the Owner of
the Short-Term Rental is the same Owner that owns the Principal
Residence;
(q)
The Applicant's Criminal Record and Judicial Matters Check pursuant to
Schedule "C" of this By-law;
(r)
An indemnity in favour of the City from and against claims, demands,
losses, costs, damages, actions, suits, or proceedings that arise out of,
or are attributable to, the Short-Term Rental, which shall be in the
form satisfactory to the Issuer of Licences; and
(s)
Such other information or documents as may be required by the Issuer
of Licences.
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14.An Applicant for a Business License or its renewal shall be a person who is 18
years of age or older.
15.For greater clarity, a person who wishes to add an additional Short-Term Rental
location to the existing Business Licence or renew a Business Licence shall
comply with the application requirements in this Schedule.
Review and Process Applications
16.The City shall, upon receipt of an Application for a Business Licence, or its
renewal, investigate as necessary with respect to the Application and shall:
(a)
If there are any reasonable grounds to believe that the Applicant may
not be entitled to the issuance or renewal of a Business Licence based
on the criteria identified in this By-law, send notice of this fact to the
Applicant; or
(b)
Subject to the provisions of this By-law, issue or renew the Business
Licence, with or without conditions and send the appropriate notice to
the Applicant.
Issuing Licences
17.No Business License shall be issued to a corporation.
18.No more than one (1) Business License per person is permitted.
19.A Business Licence shall include at least one (1) Short-Term Rental location
municipal address listed and may include up to a total three (3) Short-Term
Rental locations listed subject to the following:
(a) if there is one (1) Short-Term Rental then the Short-Term Rental shall
be the person's Principal Residence, the Principal Additional Residence,
or the Additional Residence;
(b)
if there are two (2) Short-Term Rentals then:
(i)
one (1) Short-Term Rental shall be either the person's Principal
Residence or the person's Principal Additional Residence; and
(ii)
subject to 17(b)(i) one (1) Short-term Rental shall be either the
person's Principal Residence, the person's Additional Principal
Residence or the person's Additional Residence; and
(c)
if there are (3) Short-Term Rentals then:
(i)
one (1) Short-Term Rental shall be the person's Principal
Residence;
(ii)
one (1) Short-Term Rental shall be the person's Principal
Additional Residence; and
(iii)
one (1) Short-Term Rental shall be the person's Additional
Residence;
20.Each Short-Term Rental shall have its own municipal address.
21.For greater clarity, the Principal Residence, the Principal Additional Residence
and the Additional Residence shall all be owned by the same Owner.
22.All Business Licences issued to Operators shall be issued a unique licence
number and will be valid for one (1) year after issuance. Operators may renew
their Business Licences annually by paying the applicable fees and submitting
the required documents.
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23.No person shall enjoy a right in the continuance of a Business Licence and at all
times the value of a Business Licence shall be the property of the City.
24.No person licenced under this Schedule shall advertise, promote or carry on
business under any name other than that endorsed upon that person's Business
Licence.
Grounds for Refusal of Licences
25.In addition to the criteria set out in this By-Law, the Issuer of Licences shall
issue or renew a Business Licence to any person who meets the requirements of
this By-law, except where:
(a)
The conduct, or past conduct, of the person affords the Issuer of
Licences reasonable grounds to believe that the person has not or will
not carry on the Short-Term Rental in accordance with applicable laws
or with honesty and integrity;
(b)
The Issuer of Licences reasonably believes that the issuing of a
Business Licence to a person could be adverse to the public interest;
(c)
The Issuer of Licences reasonably believes that the carrying on of the
Short-Term Rental by the Applicant has resulted, or will result, in a
breach of this By-law, a Zoning By-law or any other applicable by-law
or law;
(d)
The Issuer of Licences has reasonable grounds to believe that the
Premises, advertising, or platform in respect of which the Business
Licence is required does not comply or will not comply with the
provisions of this By-law, a Zoning By-law or any other applicable by-
law or law;
(e)
The Premises on which the Short-Term Rental is situated is subject to
an order, or orders, made pursuant to (or by): the Property Standards
Bylaw, the Building Code Act; the Fire Protection and Prevention Act;
the Health Protection and Promotion Act or the Electricity Act;
(f)
The Premises on which the Short-Term Rental is situated is not in
compliance with the Zoning By-Law;
(g)
The person or the Premises on which the Short-Term rental is situated
is indebted to the City by way of fines, penalties, judgements or
outstanding (past due) property taxes, or any other amounts owning;
or
(h)
The conduct of the Applicant or other circumstances afford reasonable
grounds to believe that the operation of the Short-Term Rental by the
Applicant has infringed, or would infringe, the rights of other members
of the public, or has endangered, or would endanger, their health and
safety.
26.The Issuer of Licences may deny the issuance or renewal of a Business Licence
where the Applicant has been convicted within the past three (3) years of a
criminal offence for which a pardon has not been granted.
Principal Residence Requirement
27.For the purpose of this Schedule, an Operator shall be deemed to have only one
(1) Principal Residence at any time.
28.No Operator shall rent or advertise any Premise on which the Short-Term Rental
is situated for a Short-Term Rental unless that Operator holds a Business
Licence that has the Operator's name and the municipal address of the
Operator's Principal Residence registered on such Business Licence at that time.
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Limitations Regarding Short-Term Rentals
29.Every Operator shall ensure that their respective Short-Term Rental complies
with all applicable laws and City By-laws including but not limited to the Zoning
By-law and are recognized by the City through the issuance of a building permit
and undergo inspections to confirm compliance with the Property Standards
Bylaw, the Building Code Act, and the Fire Code.
30.Every Operator shall post their fire escape plan on all floors of their Premises in
a conspicuous place.
31.Every Operator shall have working smoke alarms and carbon monoxide
detectors in their Premises in accordance with the Fire Protection and Prevention
Act.
Requirements Regarding Guests and Collection of Information
32.Every Operator shall keep a record of each concluded transaction related to the
Operator's Short-Term Rental for three (3) years following the date of the
transaction. A transaction is concluded on the last day of the rental period. The
records retained shall include the following:
(a)
The number of nights the Short-Term Rental was rented;
(b)
The nightly and total price charged for each rental; and
(c)
Any other information required by the Issuer of Licences.
33.The collection, use, disclosure, transmission, retention and destruction of
personal information (as that term is defined in PIPEDA) by any Operator shall
be conducted in accordance with the applicable requirements of PIPEDA.
34.Every Operator shall provide the information referred to in section 32 of this
Schedule to the City within fifteen (15) days of being requested to do so by the
Issuer of Licences.
35.Every Operator shall provide the guest who made the Reservation with an
information package for each rental period:
(a) Electronically at the time of booking; and
(b) Within the Dwelling, in a printed document that is visible and accessible to
all guests.
36.The information package prescribed in section 35 of this Schedule shall include:
(a)
contact information for the Operator or person who is available to
receive communications from any guest during the rental period;
(b)
instructions for use of the 9-1-1 emergency system;
(c)
the name and address of the nearest hospital or emergency medical
services providing emergency care;
(d)
non-emergency contact information for the Guelph Police Service;
(e)
a floor plan for the Dwelling indicating emergency evacuation routes
and the location of safety equipment;
(f)
notice to guests of the presence of any system on the Premises that is
making video or audio recordings or photographs;
(g)
instructions for solid waste disposal, to include information on the
applicable waste collection day and instruction for composting and
recycling;
(h)
instruction for legal parking on the Premises and in the vicinity of the
Premises, as applicable; and
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(i)
copy of the applicable Operator Business Licence, and any conditions
imposed on the Business Licence.
Insurance
37.Every Operator shall have and maintain Homeowners Insurance, Condominium
Insurance, or Renters Insurance, as appropriate, that includes the following:
(a)
coverage for Short-Term Rental or home sharing activity that is
appropriate for the nature of the Premises;
(b)
Host Liability or Commercial General Liability coverage of not less than
Two Million Dollars ($2,000,000) inclusive per occurrence for bodily
injury, death and damage to property including loss of use, that
includes: blanket contractual liability, premises and operations liability,
personal injury, owners and contractors protective coverage; broad
form property damage; occurrence property damage; employees as
additional insured, and cross liability and severability of interest to the
satisfaction of the City.
38.The insurance policy set out in section 37 of this Schedule, must be valid at all
times during the term of the Business Licence and the Operator shall provide
proof of the current insurance at any time, upon demand to the Issuer of
Licences, or an Officer.
39.Without limiting section 37 of this Schedule, where an Operator's Insurance
policy as required by this Schedule, requires renewal during the term of the
Business Licence, the Operator shall provide proof of such renewal to the Issuer
of Licences no later than the date of the current insurance policy expiry.
40.Without limiting section 37 of this Schedule, where there is a change in any
information relating to the insurance required by this Schedule, the Operator
shall notify the Issuer of Licences of the change and provide written details of
the change to the Issuer of Licences, not later than fifteen (15) calendar days
following the date of the change.
Enforcement
41.Notwithstanding anything else in this By-law, for the purpose of investigating
compliance with this By-law, the Issuer of Licences may audit or examine all
books, records and any account, voucher, letter, facsimile, and electronic or
other document held by an Operator that relates or may relate to information
that is or should be in the person's books or records.
42.An Operator shall comply with all audit directions given by the Issuer of Licences
within the time the Issuer of Licences specifies, including:
(a)
Giving the Issuer of Licences all reasonable assistance with their audit
or examination;
(b)
Answering all questions relating to the audit or examination either
orally or, if the Issuer of Licences requires, in writing, on oath or
affirmation, or by statutory declaration;
(c)
Attending at a Premises or place where the Short-Term Rental is
carried on or any City office for the purposes of giving the Issuer of
Licences reasonable assistance and answering questions related to the
audit or examination; and
(d)
Producing an oath or affirmation or otherwise all books, letters,
accounts, invoices, financial statements, electronic or such other
documents as the Issuer of Licences considers necessary to determine
compliance with this By-law.
43.Any person authorized by the Issuer of Licences may at all reasonable times and
in accordance with any applicable requirements in the Act inspect any Premises
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used for the carrying on of any Short-Term Rental in respect of which a person
is required to be licenced under this Schedule.
44.No person who has or is required to have a Business Licence under this
Schedule shall obstruct or permit to be obstructed the making of the inspection.
45.If requested by the City, an inspection shall be scheduled and conducted within
seven (7) days of the City's request.
Issuer of Licences Authority and Administrative Provisions
46.The Issuer of Licences may delegate any authority or function provided for in
this Schedule to any staff of the City designated by the Issuer of Licences.
47.All communication relating to this Schedule between the City and an Applicant or
Licencee, shall be sent via e-mail to the e-mail address most recently provided
to the City as part of the licencing process under this Schedule, except where
another method is authorized by the Issuer of Licences.
48.Any e-mail sent in accordance with section 47 of this Schedule shall be deemed
for the purposes of this Schedule to have been received by the addressee on the
day it is sent.
49.All records and information that must be maintained by an Operator or that may
be audited, examined or collected by the City under this Schedule are deemed
to be collected and properly used for the purposes of administrating and
enforcing this By-law.
Conflict
50.If there is a conflict between this Schedule and this By-Law then the terms and
conditions of this Schedule shall govern as it relates to such conflict.
Transitional Provision
51.Any Operator operating a Short-Term Rental in the City of Guelph must obtain a
Business Licence issued under this By-Law within sixty (60) days from the
Effective Date of this By-Law and the Operator shall renew the Business Licence
in accordance with this By-law and this Schedule.
Effective Date:
52.This Schedule shall come into force and effect on the 1st day of December,
2023.
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