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The Corporation of the City of Kawartha Lakes
By-Law 2023-111
A By-law to License, Regulate and Govern Short-Term Rental
Accommodation Businesses in the City of Kawartha Lakes
Recitals
1. Whereas the Council of the City of Kawartha Lakes may, pursuant to the
Municipal Act, 2001 , 5.0. 2001 , c.25. as amended, enact by-laws for the
licensing, regulating and governing of businesses and occupations in the
City of Kawartha Lakes;
2. And whereas pursuant to Municipal Act, Part ll, Section 8(1), a
municipality under this or any other Act shall be interpreted broadly so as
to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues;
3. And whereas pursuant to Municipal Act, Part ll, Section 8(3), authorizes a
municipality to:
a. regulate or prohibit respecting the matter;
b. require persons to do things respecting the matter;
c. provide for a system of licenses respecting the matter;
4. And whereas pursuant to Municipal Act, Part ll, Section 9, a municipality
has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
5. And whereas pursuant to MunicipalAct, Part ll, Section 11(2), paragraph
6 of the MunicipalAct, authorizes a municipality to pass a By-law
respecting the health, safety and well-being of persons;
6. And whereas pursuant to Municipal Act, Part ll, Section 1 1(3), paragraph
6 and section 1 1(3) of the Municipal Act, authorizes a municipality to pass
a By-law respecting the health, safety and well-being of persons;
7. And whereas pursuant to Municipal Act, Part ll, Section 23.1 authorizes a
municipality to delegate its powers and duties;
8. And whereas pursuant to Municipal Act, Part lV, Section 151 , provides
that a municipality may provide for a system of licenses with respect to a
business and may:
a. prohibit the carrying on or engaging in the business without a
License;
b. refuse to grant a License or to revoke or suspend a License;
c. impose conditions as a requirement of obtaining, continuing to hold
or renewing a License;
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 License;
e. impose conditions, including special conditions, as a requirement of
continuing to hold a License at any time during the term of the
License; and
f. License, regulate or govern real and personal property used for the
business and the persons carrying it on or engaged in it;
9. And whereas Subsection 391(1) of the MunicipalAct,200l provides that a
municipality may impose fees and charges on persons for services or
activities provided or done by or on behalf of it;
10.And whereas Subsection 429(1) of the Municipal Act, 2001 , provides that
a municipality may establish a system of fines for a by-law passed under
the Act;
11.And whereas Subsection 436(1) of the Municipal Act, 2001, provides that
a municipality may pass by-laws providing for the entry onto land at any
reasonable time for the purpose of carrying out an inspection to determine
compliance with a by-law;
12.And whereas Section 444 of the Municipal Act, 2001, provides that a
municipality may make an order to require a Person to discontinue
contravening a by-law and to do the work required to correct the
contravention;
13.And whereas the Council of the Corporation of the City of Kawartha Lakes
deems it desirable that such business licensing, regulation and governing
takes place with regard to short-term rental accommodations as defined in
this By-law.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes
enacts this By-law 2023-112.
Section 1.00: Definitions and lnterpretation
1.01 Definitions: ln this by-law,
"Accessory Building or Structure" means a detached building or
structure, the use of which is naturally and normally incidental to,
subordinate to, or exclusively devoted to, the principal use of the main
building on the same lot.
"agent, trustee" means any person who may represent the owner or the
Short Term Rental Accommodation business and includes but is not
limited to an employee or operator of the business;
"Applicant" means the Owners of the Premises applying for a License or
renewal of a License under this By-law.
"Bedroom" means a room offered for Short-Term RentalAccommodation
intended primarily for overnight occupation, which complies with the
standards for a bedroom, as set forth by the Ontario Building Code Act,
and/or a room with one or more beds, murphy beds, pullout beds, sofa
beds, day beds, futons or similar places for sleeping, but shall exclude a
kitchen, bathroom, foyer, lobby, closet, laundry room, utility room, pantry
and balcony.
"Boat" means any Vessel, container on water, or floating accommodation,
regardless of whether or not it is docked, affixed to land, or can be driven.
"Building" means a structure occupying an area greater than ten
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 service systems related thereto.
"Gity", "Gity of Kawartha Lakes" or "Kawartha Lakes" means The
Corporation of the City of Kawartha Lakes and includes its entire
geographic area;
"City Glerk" means the person appointed by Council to carry out the
duties of the clerk described in section 228 of the Municipal Act, 2001;
"Consolidated Fees By-law" means City of Kawartha Lakes By-law
2016-206 or if it has been repealed any subsequent City of Kawartha
Lakes By-law known as the Consolidated Fees By-law.
"Council" or "Gity Council" means the municipal council for the City;
"Dwelling Unit" means one or more rooms used, designed or intended
for the domestic use of one or more individuals living as a single
housekeeping unit, with living, sleeping and sanitary facilities, and kitchen
facilities, having a private entrance from outside the building or from a
common hallway or stairway inside or outside the building. For the
purpose of this By-law, a Dwelling Unit does not include a tent, trailer,
mobile home, vehicle, boat, room or suite of rooms in a boarding or
rooming house, hotel, motel or motor home.
"Fire Ghief' means the person within the City's administration who fulfills
the function of the fire chief as required by the Fire Protection and
Prevention Act, 1997, S.O. 1997 , c.4, as amended or their delegate; this
definition will include Fire Prevention Officer as a delegate.
"Guest" means any person on the Premises who is not a Renter. Guests
shall not be permitted to stay overnight.
"Hosted" means the short-term rental of a dwelling or premises with the
licensee/hosUowner/permanent resident residing at the property while it is
being used as a Short-Term RentalAccommodation.
"License" means a License issued as proof to operate a Short Term
RentalAccommodation issued pursuant to this by-law.
"Licensee" means the owner of a Short Term Rental Accommodation
License.
n'Licensee Acknowledgment" means a document, that prescribes the
roles and responsibilities of the Licensee, including but not limited to:
behavioural expectations as they relate to non-disturbance of neighbours;
compliance with applicable City by-laws; and adherence to the provisions
of this By-law.
"Licensing Enforcement Officer" means the municipal Licensing
Enforcement Officer for the City, responsible for the issuing, administration
and approval of licenses in accordance with provincial legislation and City
policies and procedures, or their delegate.
"Manager of Municipal Law Enforcement and Licensing" means the
person who holds that position and his or her delegate(s) or, in the event
of organizational changes, another person designated by Council.
"Municipal Act" means the MunicipalAct, 2001 S. 0.2001 c.25 as
amended from time to time.
"Municipal By-law Appeal Committee (MBA)" means a committee
appointed by Council consisting of members of Council to conduct
hearings, pursuant to sections of this by-law. May be referred to as the
MBA Committee;
"Municipal Law Enforcement officer" is a person duly appointed within
the City's administration to enforce the by-laws of the City, and includes the
Licensi ng Enforcement Officer.
"Owner" means the Person holding title to the Premises where the Short-
Term RentalAccommodation is located, and "Ownership" has a
corresponding meaning.
"Parking Area" means an area on the Premises provided for the parking of
motor vehicles and may include aisles, parking spaces, pedestrian
walkways, and related ingress and egress lanes, but shall not include any
part of a public street.
"Person" means any individual, directors, partnership, group or
association, organization, company, corporation or cooperative which may
include the registered owner of the property, any occupant of the property in
question with authority to act on behalf of the registered owner, any person
authorized by the registered owner to act on his or her behalf, or any lessee
or occupant of the property;
"Premises" means the Property upon which one or more Short-Term
RentalAccommodations are operated, inclusive of buildings or structures or
any part thereof used for such purpose.
"Renter" means a person twenty-five (25) years of age or older that uses
the Short-Term RentalAccommodation for overnight lodging, but shall not
include daily guests/visitors to the Premises.
"Renterns Code of Gonduct" means a document, that prescribes the roles
and responsibilities of the Renters and Guests, including but not limited to:
behavioural expectations as they relate to non-disturbance of neighbours;
compliance with applicable City of Kawartha Lakes by-laws, and adherence
to the provisions of this By-law;
"Responsible Person" means an Owner or a Person, twenty-five (25)
years of age or older if an individual, duly appointed by an Owner to act on
its behalf, and being responsible for ensuring the Short-Term Rental
Accommodation is operated in accordance with the provisions of this By-
law, the License and applicable laws.
"Short-Term Rental Accommodation" means the use of a residential
Dwelling Unit that offers a place of accommodation or temporary residence,
or occupancy by way of concession, payment of a monetary fee, permit,
lease, License, rental agreement or similar arrangement for fewer than
twenty-eight (28) consecutive calendar days with on or off-site
managemenUowner throughout all or part of the year. Short-Term Rental
Accommodation uses shall not mean a motel, hotel, bed and breakfast
establishment, country inn, tourist establishment, tourist cabin
establishment, or similar commercial accommodation use.
"Un-hosted" means the short-term rental of a dwelling or premises in
which the licensee/hosUowner/permanent resident is not residing at the
property while it is being used as a Short-Term RentalAccommodation.
"Zoning" means the applicable City of Kawartha Lakes zoning by-law for
the area in which the Short Term Rental Accommodation is located.
1.02 lnterpretation Rules:
(a) The Schedules attached to this by-law form part of the by-law, and are
enforceable as such.
(b) The words "include" and "including" are not to be read as limiting the
meaning of a word or term to the phrases or descriptions that follow.
(c) Wherever this by-law refers to a person or thing with reference to
gender or the gender neutral, the intention is to read the by-law with
the gender applicable to the circumstances.
1.03 Statutes: References to laws in this by-law are meant to refer to the
statutes, as amended from time to time, that are applicable within the
Province of Ontario.
1.04 Severability: lf a court or tribunal of competent jurisdiction declares any
portion of this by-law to be illegal or unenforceable, that portion of this by-
law shall be considered to be severed from the balance of the by-law,
which shall continue to operate in full force and effect.
Section 2.00: Short Term Rental Accommodation Prohibitions
2.01 No Person or Owner shall operate a Short-Term Rental Accommodation
unless the Person holds a current Short-Term RentalAccommodation
License issued pursuant to this By-law.
2.02 No Person or Owner of a Short Term RentalAccommodation Business
shall advertise or permit the use of the Short Term Rental
Accommodation:
a. without a License;
b. by exceeding the number of Renters or Guests that is permitted by
the License;
c. of more than one building on the premises, unless the use complies
with Section 3 and 4 of this bylaw;
d. Where a current Short Term RentalAccommodation Business
Premises Owner fails to apply and be approved by the issuance of
a Short Term Rental Accommodation Business License by April
2024, the Owner and Premises shall not be eligible for a Short
Term RentalAccommodation Business License and any rental
activity will be a violation of this by-law.
2.03 No Person shall violate the provisions of the:
i. Licensee Acknowledgment.
ii. Renters Code of Conduct.
2.04 No Person shall fail to produce a copy of the signed Renter's Code of
Conduct or Licensee Acknowledgment upon the request of an Officer.
2.05 No Licensee or Renter shall permit more than two (2) Renters on the
Premises for each Bedroom identified, plus 2 additional renters overall as
approved as such in the floor plans submitted with the application for the
Short-Term Rental Accommodation Business License, at any one time.
Note: People under the age of fifteen (15), shall not be counted in the total
number of Renters at the Premises.
2.06 The maximum number of Guests at a Premises at any one time shall not
exceed two (2) Guests per Bedroom, plus 2 additional guests overall as
approved as such in the floor plans submitted with the application for the
Short-Term RentalAccommodation Business License, at any one time.
Note: People under the age of fifteen (15) shall not be counted in the total
number of Guests at the Premises; and, Guests (of any age) shall not be
permitted at the premises after 11:00pm.
2.07 No Licensee shall rent any room other than a Bedroom that was identified
and approved as such on the floor plans submitted with the application for
the Short-Term Rental Accommodation License.
2.08 The provisions of Section 2 shall not apply when the Premises is not
rented for Short-Term Rental Accommodation.
2.Og No Person shall contravene the Site Requirements found at Section 4 of
this By-law.
2.010 For the purposes of this by-law a person who is advertising a Short Term
Rental Accommodation is considered to be operating a Short Term Rental
Accommodation.
2.011 No Person or Licensee shall permit the rental a Hosted Short-Term Rental
Accommodation Premises to any person who is under the age of eighteen
(18)
2.012 No Person or Licensee shall permit the rental an Un-Hosted Short-Term
Rental Accommodation Premises to any person who is under the age of
twenty-five (25).
Section 3.00 Licensing
3.01 A Short Term RentalAccommodation Business License that has been
issued pursuant to this By-law shall expire in accordance to the chart below:
Business License Glass
Duration
Expires
a. Hosted (Winter)
6 month, (October
31 to April 30)
April 30 (in the next
calendar year)
b. Hosted (Summer)
6 month, (May 1 to
October 31)
October 31
c. Hosted
1 Year, (April 1 to
March 31)
March 31 (in the
next calendar year)
d. Un-Hosted (Winter)
6 month, (October
31 to April 30)
April 30 (in the next
calendar year)
e. Un-Hosted (Summer)
6 month, (May 1 to
October 31)
October 31
f. Un-Hosted
1 Year, (April 1 to
March 31)
March 31 (in the
next calendar year)
3.02 The Business License Class shall be determined by declaration from the
Premises Owner of the Short Term Rental Accommodation Business;
3.03 No Person or Short Term Rental Premise Owner shall provide a false
declaration;
3.04
Short Term RentalAccommodation Business License that has been
issued pursuant to this By-law shall expire upon the sale or transfer of the
Premises. For clarity, a License cannot be assigned or transferred to
another Person; or
3.05 A Short Term RentalAccommodation Business License that has been
issued pursuant to this By-law shall expire when it has been revoked in
accordance with the provisions of this By-law.
3.06 The Licensing Enforcement Officer shall have the right to extend any
active License for up to 1 calendar year, should there be a declared
emergency that directly effects the Licensee.
3.07 Only one License per Premises shall be permitted
3.08 A License may only be issued to the Owner of the Premises
3.09 Every application for a new License, or the renewal of an existing License,
shall include:
a. completed application in the form required by the City of Kawartha
Lakes, which shall include each Owner's name, address, telephone
number, and email address;
b. proof of Ownership for the Premises;
c. a statutory declaration signed by each and every Owner stating that
each and every Owner understands their responsibilities as a
Licensee in accordance to municipal bylaws and the following:
i. Noise - By-Law 2019-124 as amended, being a By-Law to
Regulate Noise in the City of Kawartha Lakes;
ii. Open Air Burning - By-Law 2016-110 as amended, being a
By-Law to Regulate Times During Which Fires May Be Set
in the Open Air, The Precautions To Be Ohserved By
Persons Setting Fires and for The Setting of Fees for Fire
Permits in The City of Kawartha Lakes;
iii. Waste and Recycling - By-Law 2014-026 as amended,
being a By-Law to Require The Owners of Yards Within
Kawartha Lakes To Clean and Clear Them;
iv. Parking - By-Law 2012-173 as amended, being a By-Law to
Regulate Parking;
v. Animals - By-Law 2021-072 as amended, being a By-Law to
Regulate Animals in The City of Kawartha Lakes;
vi. Fireworks - By-Law 2007-236 as amended, being a By-Law
Respecting the Sale and the Setting Off of Fireworks Within
the City of Kawartha Lakes; and,
Property Standards - By-Law 2016-112 as amended, being a
By-Law to Regulate and Govern The Standards For
Maintaining And Occupying Property Within Kawartha
Lakes.
vil
viii. Declaration that the electrical panel and all connecting
circuits and wiring is in good working order;
ix. Declaration that the wood burning appliances have been
inspected by a certified WETT "Site Basic lnspector" Wood
Energy Technical Transfer (WETT) report within the last five
years;
x. Declaration that an annual inspection has been completed,
indicating that the chimney, flue pipes etc. have been
inspected, cleaned and are safe to be utilized;
xi. Annual declaration indicating that the heating ventilation air
conditioning (HVAC) systems have been serviced or
inspected by an HVAC Technician;
xii. Declaration providing that annual maintenance and record of
tests for all smoke and carbon monoxide alarms;
d. a site diagram and floor plan, drawn to scale and fully dimensioned
of the Premises identifying:
i. the location of all Buildings and structures on the Property;
ii. the location of wells, and all components of sewage
systems;
iii. the use of each room;
iv. the location of smoke and carbon monoxide alarms, and
early warning devices;
v. the location of fire extinguishers;
vi. the location of records of tests and maintenance of smoke
and carbon monoxide alarms, early warning devices and fire
extinguishers;
vii. the location of all gas and electric appliances;
viii. the location of all fireplaces and fuel-burning appliances;
ix. all entrances/exits to and from the Buildings; and
x. the exterior decks and related site amenities including
dimensioned parking spaces, and other Buildings or
structures on the Property;
e. a certificate of insurance which includes a liability limit of no less
than two million dollars ($2,000,000.00) per occurrence for property
damage or bodily injury. Such insurance policy must identify that a
Short-Term RentalAccommodation is being operated on the
Premises. The insurance coverage required herein shall be
endorsed to the effect that the City of Kawartha Lakes shall be
given at least ten (10) days' notice in writing of any cancellation or
material variation to the policy.
f. The name and contact information of the Responsible Person who
can be readily contacted within thirty (30) minutes and respond to
an emergency or contravention of any City of Kawartha Lakes by-
law, including contact and or attendance on site of the Premises
within sixty (60) minutes of being notified of the occurrence.
3.010 An Applicant or Licensee shall be responsible for informing the City of
Kawartha Lakes, in writing, of any changes to the information contained
within the application or any deviation to the approved plans within seven
(7) days of such change or deviation.
3.011 Nothing herein allows a Licensee to rent Bedrooms other than those
identified and approved on the floor plans submitted with the application
unless the City of Kawartha Lakes has approved same by way of
amendment to the License.
3.012 An Applicant shall confirm that an occupancy permit, also known as
"permission to occupy" has been issued for the Premises if the Building
was constructed on or after October 26, 1986. Where this is not available,
the City of Kawartha Lakes Building Department shall be consulted. A
License shall not be issued until the City of Kawartha Lakes is satisfied
that the necessary inspections and reports have been completed or that a
safety site inspection was completed to ensure the safety of persons.
3.013 A Licensee must ensure that any listing, advertisement, etc. of the
Premises includes the corresponding License number issued by the City
of Kawartha Lakes, and approved occupancy issued per the License.
3.014 The Licensing Enforcement Officer or delegate shall have the authority to
issue, refuse to issue or renew a License, to revoke or suspend a License,
or to impose terms and conditions on a License, including but not limited
to maximum occupancy rates.
3.015 The Licensing Enforcement Officer may refuse to issue or renew a
License where:
a. a. License has been previously revoked or suspended;
b. an Applicant or property has presented a history of contravention
with this By-law;
c. an Applicant or property is the subject or an active investigation for
contravention of any City of Kawartha Lakes By-law;
d. the Owner is indebted to the City of Kawartha Lakes in respect of
fines, penalties, judgements, or any other amounts owing, including
awarding of legal costs, disbursements, outstanding property taxes
and late payment charges, fees, against an Owner's Property; or
e. the Premises does not conform with applicable federal and
provincial law and regulations or municipal by-laws, including, but
not limited to, the Zoning By-law, Property Standards By-law, the
Building Code Act, the Fire Protection and Prevention Act, and the
Electricity Act.
3.016 The Licensing Enforcement Officer, if satisfied that the continuation of a
License poses a danger to the health or safety of any person, may
suspend a License for not more than fourteen (14) days. lf, after this
period, the Licensing Enforcement Officer is satisfied that the continuation
of a License will continue to pose a danger to the health or safety of any
person, the Licensing Enforcement Officer may suspend a License for
further terms of not more than fourteen (14) days or may revoke the
License.
3.017 The License Officer may revoke a License if it was issued in error or
granted based on incorrect or false information or false declaration.
Section 4.00 Site Requirements
4.01 The provision of parking on the required site diagram shall include the
following:
a. location of the Parking Area with a minimum number of parking
spaces as set out in the Zoning By-law;
b. that Renters and Guests are permitted no more cars than there are
designated parking spaces in the Parking Area on the Premises of
the Short Term RentalAccommodation Business; and
c. compliance with all other parking provisions as set out in the City of
Kawartha Lakes Zoning By-law, as amended.
4.02
The following shall be made available to Renters:
a. A copy of the current License posted and retained on site of the
Premises and available for inspection by City of Kawartha Lakes
staff;
b. A copy of the site diagram showing the current Parking Area and
parking provisions for the Premises;
c. A copy of the approved floor plans identifying the rooms and also
showing exits and fire escape routes;
d. A copy of the Renter's Code of Conduct;
e. A copy of the following City of Kawartha Lakes By-laws;
i. Noise;
ii. Open Air Burning;
iii. Waste and Recycling;
iv. Parking;
v. Animals;
vi. Fireworks; and,
vii. Property Standards
f. The occupant load of the residence, posted in a conspicuous
location;
g. Emergency "911" instructions with the address of the Property
clearly printed and posted in a conspicuous location;
h. A copy of the smoke and carbon monoxide maintenance and use
instructions; and
i. Name and contact information of the Responsible Person.
4.03 All Short-Term Rental Accommodations must provide a class A ULC listed
portable fire extinguisher with a minimum rating of 2A 108:C in any
cooking area and on each floor of the Building.
4.04 Portable extinguishers shall be:
a. kept operable and fully charged;
b. located so that they are easily seen and shall be accessible at all
times;
c. tested and maintained in conformance with NFPA 10, "Portable Fire
Extinguishers"; and
d. inspected monthly.
4.05 The Licensee shall maintain a registry which indicates the Renters'
names, addresses, telephone numbers, number of Renters, length of stay,
and confirmation that the smoke and carbon monoxide alarms have been
checked and are in working condition prior to the arrival of the Renter.
This registry must be provided to the City of Kawartha Lakes within
twenty-four QQ hours upon request.
Section 5.00 lnspection
5.01 lt is the responsibility of the Applicant to ensure compliance with the
following, where applicable:
a. the provisions of this By-law;
b. the Ontario Building Code Act, 1992, S.O. 1992 c.23; including
Sewage System;
c. the Ontario Fire Protection and Prevention Act, 1997 , S.O. 1997,
c.4;
d. the Zoning By-law; and
e. any other municipal by-laws or provincial legislation that may affect
the safety and well-being of persons or eligibility of the application
or License.
5.02 lnspectors with interest in section 5.01 shall contact the applicant to
discuss and/or inspect the Short Term RentalAccommodation location
that is the subject of the application.
5.03 During the application and inspection process, all relevant departments of
the City of Kawartha Lakes may be circulated and provide comments on
any known matters that would assist with the determination of License
eligibility.
Section 6.00 Appeal (Municipal By-Law Appeals MBA)
6.01 Where the Licensing Enforcement Officer or delegate has denied an
Applicant a License, a renewal of a License, or has suspended or revoked
a License, the Licensing Enforcement Officer shall inform the Applicant or
Licensee by way of written notice setting forth the grounds for the decision
with reasonable particulars and shall advise of the right to appeal such
decision to the Municipal By-Law Appeals (MBA) Committee.
6.02 An Owner may appeal to the MBA Committee in relation to a matter set
forth in a notice delivered pursuant to Section 6.01. Appeals will not be
permitted for the issuance of demerit points. Appeals will not be permitted
for any matters that have already been heard by the MBA Committee or
for legal matters before the Courts
6.03 A request for an appeal must be made within fourteen (14) business days
of service of the written notice. An appeal shall be made in writing to the
Licensing Enforcement Officer, setting forth the reasons for the appeal,
with payment of the required appeal fee as set out in the Fees and
Charges By-law.
6.04 Where no request for an appeal is received in accordance with Section
6.03, the decision of the Licensing Enforcement Officer shall be final and
binding.
6.05 Where a request for an appeal is received, a hearing of the MBA
Committee shall be convened, and the Owner shall be provided
reasonable written notice thereof and an opportunity to submit written and
oral arguments and evidence in support of their case.
6.06 After such opportunity to be heard is afforded, the MBA Committee shall
make a decision. When making its decision, the MBA Committee may
consider any matter pertaining to this By-law, or other matter that relates
to the health, safety and well-being of the public. When making its
decision, the MBA Committee may refuse to issue or renew a License, or
revoke, suspend, or impose any condition to a License. The MBA
Committee's decision is final and binding.
6.07 Where the MBA Committee conducts a hearing, the rules set out in the
Municipal Bylaw Appeals Committee terms of reference shall apply.
6.08 When the MBA Committee makes a decision, it will record this in writing,
and the reasons therefore, and provide them to the appellant.
Section 7.00 Orders
7.01 lf the Licensing Enforcement Officer or Municipal Law Enforcement Officer
is satisfied that a contravention of this By-law has occurred, the Officer
may make an order requiring the Renter, or Person who contravened this
By-law, or Person who caused or permitted the contravention, or the
Licensee to take actions to correct the contravention.
7.02 The order shall set out:
a. reasonable particulars of the contravention to adequately identify
the contravention and the location of the contravention; and
b. the work to be done and the date by which the work must be done,
if any.
7.03
An order may be served personally upon the Person to whom it is directed
to or sent by regular mail to the address shown on the last revised
assessment roll or to the last known address.
7.04 An order under Section 7.01 may require action be taken even though the
facts which constitute the contravention of this By-law were present before
this By-law came into force.
7.05 No Person shall fail to comply with an order issued pursuant to the By-law
7.06
ln the event the Officer is unable to serve any order under the provisions
of this By-law, the order shall be posted in a conspicuous place on the
Premises, and the placing of the order shall be deemed to be sufficient
service of the order on the Renter or Licensee/Owner.
7.07 An order under this By-law may require work to be done even though the
facts which constitute the contravention of this By-law were present before
this By-law came into force.
7.08 Any violations of this By-law shall be addressed pursuant to their
respective remedies. ln addition, demerit points will be levied against the
Premises and Licensee as per Schedule "A" to this By-law.
7.Og The issuance of an order shall not replace immediate legal action against
a renter, person or Licensee/Owner for violation of City of Kawartha Lakes
By-Laws.
Section 8.00 Entry and lnspection
8.01 A Licensing Enforcement Officer, Municipal Law Enforcement Officer, Fire
Prevention Officer or Building Inspector may, at any time, enter onto any
land to determine whether this By-law is being complied with'
8.02 Every Owner shall permit the Licensing Enforcement Officer, Municipal
Law Enforcement Officer, Fire Prevention Officer or Building lnspector to
inspect any part of the Premises for the purposes of determining
compliance with this By-law.
8.03 Notwithstanding any provision of this By-law, the Licensing Enforcement
Officer, Municipal Law Enforcement Officer or Building lnspector shall not
enter or remain in any room or place actually being used as a Dwelling
Unit, unless:
a. the consent of the occupier is obtained after the occupier has been
informed that the right of entry may be refused and, if refused, entry
may only be made under the authority of a warrant issued under
the Provincial Offences Act, R.S.O.1990, c.P.33, as amended; or
b. a warrant is issued under the Provincial Offences Act, R.S.O.1990,
c. P.33, as amended, is obtained.
8.04 A Fire Prevention Officer may, without a warrant, enter and inspect land
and premises for the purposes of assessing fire safety pursuant to section
19(2) of the Fire Protection and Prevention Act, 1997, S.O. 1997 , c. 4, as
amended.
Section 9.00 Fees
g.O1 An Applicant shall provide payment of the applicable Fee as noted within
the City of Kawartha Lakes Fee By-law.
g.O2 The fee charged at the time of application is a processing/licensing fee,
which will not be refunded should the application be approved or denied.
9.03 Where a Premises has been inspected by a Municipal Law Enforcement
Officer for second or subsequent offence within a two (2) year period, an
inspection administration charge shall apply as set out in Schedule A-13 to
the Consolidated Fees By-law as amended. lf the inspection fee is not
paid by its due date, it shall be added to the tax roll of the Premises and
shall be collected in a like manner as municipal taxes'
Section 10.00 Demerit Point System
10.01 A Demerit Point System has been established in accordance with
Schedule "A" Table 1, without prejudice to options otherwise available to
enforce this By-law or any other by-laws of the City of Kawartha Lakes,
provincial act or regulation, including, but not limited to, actions pursuant
to the Building Code Act, Fire Protection and Prevention Act, and the
Provincial Offences Act.
10.02 The number of Demerit Points referenced in schedule "A" column 4 of
Table 1 will be assessed against a Short-Term Rental Accommodation
Premises and Licensee with respect to
a. the expiry of the period for appealing a fine imposed pursuant to
Part I or Part lll of the Provincial Offences Act;
b. the expiry of the period for appealing against a conviction in the
Ontario Court of Justice;
c. an Order not complied with; or
d. an observation by the Licensing Enforcement Officer or Municipal
Law Enforcement Officer.
10.03
10.04
10,05
10.06
10.07
A License may be suspended for the balance of the term of the License
and up to a period of six months if the total Demerit Points in effect
respecting a Short-Term RentalAccommodation is seven (7) or more.
A License may be revoked, and an application for a License may be
denied, if the total of all Demerit Points in effect respecting a Short-Term
RentalAccommodation is fifteen (15) or more.
The Licensee will be notified in writing if and when the number of Demerit
Point respecting a property changes.
Notice of the suspension or revocation of a License shall be provided to
the Licensee in accordance with this By-law and a Licensee may appeal
the suspension or revocation in accordance with Section 6 of this By-law.
Demerit Points shall remain in place until the two-year anniversary of the
date of which the Demerit Points were first assessed.
Section 11.00: Enforcement, Offence and Penalties
11.01 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer, Chief Fire Official or Building lnspector exercising a power or
performing a duty under this By-law.
11.02 Any person who has been alleged to have contravened any of the
provisions of this By-law, shall identify themselves to the Licensing
Enforcement Officer, Municipal Law Enforcement Officer, Fire Prevention
Officer or Building lnspector upon request, failure to do so shall be
deemed to have obstructed or hindered the Licensing Enforcement
Officer, Municipal Law Enforcement Officer, Fire Prevention Officer or
Building lnspector in the execution of their duties.
11.03 Enforcement: This by-law may be enforced by every Licensing
Enforcement Officer, Municipal Law Enforcement Officer and Police
Officer or any other person appointed by Council.
11.04 Offences: Any Person who contravenes any provision of this by-law is
guilty of an offence, and upon conviction, is liable to a maximum fine of not
more than $100,000.00, as provided for by Section 429 of the Municipal
Act, 2001, S.O.2001 , c.25 as amended.
11.05
11.06
Gorporation: A director or officer of a corporation who knowingly concurs
in the violation or contravention by the corporation of any provision of this
by-law is guilty of an offence and upon conviction, is liable to a maximum
fine of not more than $100,000.00, as provided for by Section 429 of the
Municipal Act, 2001 , S.O.2001 , c.25, as amended.
Multiple Offences: The conviction of a person for the contravention or
breach of any provision of this by-law shall not operate as a bar to the
prosecution against the same person for any subsequent or continued
breach or contravention of any provision of this by-law. Each day that the
offence continues shall be deemed a separate and distinct offence.
Section 12.00: Administration and Effective Date
12.01 Administration of the By-law: The Manager of Municipal Law
Enforcement and Licensing is responsible for the administration of this by-
law.
12.02 Effective Date: This By-law shall come into force on the date it is finally
passed.
By-law read a first, second and third time, and finally passed, this 20th day of
June, 2023.
@,7, e f-!^^r^;
Doug Elmslie, Mayor
Cathie
hie, City Clerk
Schedule "A"
Demerit Point System
Table I
lnfraction
Reference
Type
Demerit
Point
Operate without a valid
license (revocation,
suspension)
Short Term
Rental
Accommodation
Business By-law
Order non-
compliance
4
Part 1 or Part lll
conviction
6
Fail to maintain/repair
building
Property
Standards
2016-112
Order non-
compliance
2
Part 1 or Part lll
conviction
4
Discharge of Fireworks
Discharge of
Fireworks
2007-236
Observed
Officer/Witness
3
Part 1 or Part lll
conviction
5
Allow accumulation of
debris
Clean and Clear
2014-026
Observed
Officer/Witness
3
Part 1 or Part lll
conviction
5
Allow or permit noise
Noise By-Law
2019-124
Observed
OfficerMitness
3
Part 1 or Part lll
conviction
5
Open air
burning/burning
Burn By-Law
Observed
Officer/Witness
3
materials other than
permitted
2016-110
Part 1 or Part lll
conviction
5
Allow/permit an animal
at large
Animal By-Law
2021-072
Observed
Officer/Witness
2
Part 1 or Part lll
conviction
4
Building Code Order
BCA
Order not
complied with
4
Part I or Part lll
conviction
I
Septic System Order
BCA
Order not
complied with
4
Part 1 or Part lll
conviction
I
Fire Protection and
Prevention AcUFire
Code
FPPA/OFC
Order not
complied with
4
Part 1 or Part lll
conviction
8
Premises Owner or
Responsible Person,
allow or permit offsite
parking or violation of
Parking Regulations
Short Term
Rental
Accommodation
Business By-
law; Parking
Bylaw
Observed or Part
2 issued
3
Premises Owner or
Responsible Person
(Property Manager)
fails to respond within
time frame of a request
by MLEL officer
Short Term
Rental
Accommodation
Business By-law
Order not complied
with
3
Part 1 or Part lll
conviction
5
Violation of any
provision of the Short
Term Rental
Accommodation bylaw
Short Term
Rental
Accommodation
Business By-law
Observed
OfficerMitness
1
Order not complied
with
2
Premises Owner
provides a false
Declaration
Short Term
Rental
Accommodation
Business By-law
Observed
3
Owner or Responsible
Person (Property
Manager) fail to provide
or display required
documents to renters
Short Term
Rental
Accommodation
Business By-law
Order not complied
with
1
Observed
OfficerAffitness
2