This is the exact embedded text of the captured official document.
Snapshot 808187600ce5 · verified 2026-09-25 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Short-Term Rental Licensing By-law
1
THE CORPORATION OF THE
MUNICIPALITY OF KILLARNEY
BY-LAW NO. 2024-12
BEING A BY-LAW TO LICENCE AND REGULATE
SHORT-TERM RENTAL ACCOMMODATION
WHEREAS section 8 of the Municipal Act, 2001 provides that the powers of a municipality
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;
AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the
capacity, rights, powers, and privileges of a natural person for the purpose of exercising its
authority;
AND WHERAS Section 10(2) of the Municipal Act, 2001 provides that a single tier
municipality may pass by-laws respecting business licensing;
AND WHEREAS section 151 of the Municipal Act, 2001 provides that a municipality may
provide for a system of licences with respect to a business and may prohibit the carrying on
or engaging in the business without a licence; refuse to grant a licence or to revoke or
suspend a licence; impose conditions as a requirement of obtaining, continuing to hold or
renewing a licence; impose conditions, including special conditions, as a requirement of
continuing to hold a licence at any time during the term of the licence; and licence, regulate
or govern real and personal property used for the business and the persons carrying it on or
engaged in it;
AND WHEREAS Section 434.1 of the Municipal Act permits a municipality to impose a
system of administrative penalties and fees as an additional means of encouraging
compliance with its by-laws;
AND WHEREAS Section 436 of the Municipal Act permits a municipality to pass by-laws
providing that the municipality may enter on lands at any reasonable time for the purpose of
carrying out an inspection to determine compliance with by-laws, directions, orders and
license conditions;
AND WHEREAS Section 23.1 of the Municipal Act as amended, authorizes a municipality
to delegate its powers and duties;
AND WHEREAS Council has enacted a Zoning By-law amendment under the provisions
of the Planning Act, RSO 1990 CP13, as amended which defines short-term rental
accommodations, establishes areas of permitted use and notes that a short-term
accommodation must be licenced with the Municipality of Killarney;
AND WHEREAS the Council of the Municipality of Killarney deems it expedient to
license and regulate short-term rental accommodations being operated in the Municipality
of Killarney;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF KILLARNEY HEREBY ENACTS AS FOLLOWS:
SECTION 1 - SHORT TITLE
1.1.
This By-law shall be known as the "Short-Term Rental Licensing By-law".
SECTION 2 - APPLICATION
2.1.
The provisions of this By-law shall apply to all properties in the Municipality of
Killarney.
Short-Term Rental Licensing By-law
2
SECTION 3 - DEFINITIONS
In this By-law:
a.
"Agent" means a person duly appointed in writing by an owner to act on their
behalf.
b.
"Applicant" means the person applying for a licence or renewal of a licence under
this by-law.
c.
"Bed and Breakfast Establishment" means a single detached dwelling unit, or part
thereof, in which the proprietor resides and provides not more than 3 bedrooms for
the accommodation of the travelling or vacationing public, in which the owner
supplies lodgings with or without meals for the accommodated persons, but does not
include a rooming house, group home, sleep cabin or tourist establishment.
d.
"Building" means a structure occupying an area greater than ten (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 service systems related
thereto, or structures designated in the Ontario Building Code.
e.
"Chief Building Official" (CBO) means the person appointed by the Council of the
Municipality under the Building Code Act, S.O. 192, c 23 as amended, as the Chief
Building Official or the person who is appointed to act in that capacity during their
absence.
f.
"Clerk" means the Clerk of the Municipality, or any person designated by the Clerk.
g.
"Council" means the elected council of the Municipality of Killarney.
h.
"Designated Responsible Person" (DRP) means the owner or agent assigned in
writing by the owner or licensee of the STR, who shall be at least 18 years of age, to
ensure that a licenced STR is operated in accordance with the provisions of this By-
law, the licence and all applicable laws.
i.
"Dwelling Unit" holds the same meaning as contained in the Municipal Zoning By-
law as amended and additionally, for the purpose of this by-law, a dwelling unit does
not include a tent, trailer, mobile home or a room or suite of rooms in a boarding
house, rooming house, a hotel, motel or a motor home.
j.
"Guest Room" means a room offered for rent in a STR.
k.
"Hosted Property" means a Short Term Rental in a dwelling or premises that has
the owner residing at the property as their principal residence and is on-site while it is
being used as a Short-Term Rental.
l.
"Non-Permitted Area" means a geographic area which has been deemed by
Council to not allow the operation of Short-Term Rentals.
m.
"Owner" means a person who is holding title on the Premises where the short-term
rental is located, and ownership has a corresponding meaning.
n.
"Licence" means the licence issued under this by-law as proof of licencing under this
By-law.
o.
"Licensee" means a person who holds a licence or is required to hold a licence
under this by-law.
p.
"Licensee Code of Conduct & Acknowledgment" means the document attached in
Schedule "C" 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 Municipal by-laws; and adherence to the
provisions of this By-law.
Short-Term Rental Licensing By-law
3
q.
"Licence Issuer" means the person or persons provided the authority by the
Municipality as to issue a Licence under this By-law.
r.
"Municipality" means the Corporation of the Municipality of Killarney.
s.
"Officers" means a person appointed by the Council of the Municipality of
Killarney to enforce this By-Law.
t.
"Public Health Sudbury and District (PHSD)" is the authority having jurisdiction
over sewage and grey water systems for all municipalities within the District of
Sudbury.
u.
"Person" means an individual, a corporation, an association, a partnership, and
includes a licensee or an applicant for a licence under this By-law as the context
requires.
v.
"Premises" means any place which is being used as a short-term rental.
w.
"Renter" or "Renters" means the person or persons responsible for the rental of a
short-term rental by way of concession, permit, lease, licence, rental agreement, or
similar arrangement, whether written or verbal.
x.
"Renter Code of Conduct" means the document, attached in Schedule "D", that
prescribes the roles and responsibilities of the guest(s) and owner(s) and/ or
operator(s) of STRs, including by not limited to behavioural expectations as they
relate to non-disturbance of neighbours; compliance with Municipal By-laws; and
adherence to the provisions of this By-law;
y.
"Short-Term Rental" (STR) means the use of any legal occupancy in a building,
structure or any part thereof that is used to provide sleeping accommodation, including
all or part of a dwelling unit or accessory structure related to a dwelling unit, which
may or may not include cooking facilities, with or without on-site management
throughout all or part of the year. STRs shall not include residential accommodation
that is rented for in excess of thirty (30) consecutive days, a bed and breakfast
establishment, a motel, hotel, tourist establishment, campground, group home,
rooming house or similar commercial or institutional accommodation uses;
z.
"Travel Trailer" means any vehicle so constructed that it is suitable for being attached
to a motor vehicle for the purpose of being drawn or is propelled by a motor vehicle
and is capable of being used for the living, sleeping, or eating accommodation of persons
on a temporary, transient or short-term basis, even if the vehicle is jacked up or its
running gear is removed. Examples include but are not limited to a tent trailer, a
camper trailer, a recreational trailer, a fifth wheel, a bus converted into a motor home,
a motor home, a truck camper, but does not include a mobile home, modular home or
park model trailer.
aa.
"Un-Hosted Property" means a Short Term Rental in a dwelling or premises that
the owner does not reside at the property as their principal residence and is not on-
site while it is being used as a Short-Term Rental.
bb.
"Zoning By-law" means the land use by-law enacted by the Municipality under
Section 34 of the Planning Act, or a successor thereof, as may be amended from time
to time.
SECTION 4 - PROHIBITIONS
4.1
No person shall operate or permit the operation of a STR unless they hold a current
and valid licence.
4.2
No person shall advertise, promote, broker or otherwise offer for rent or lease any
STR without a current and valid licence.
4.3
No person shall operate or permit a short-term rental to be operated while their
license is suspended or revoked.
Short-Term Rental Licensing By-law
4
4.4
No person shall operate a STR in contravention of a Provincial Restriction Order or
an order made by Public Health Sudbury and Districts.
4.5
No person shall operate or permit the operation of a STR on a property that is not in
compliance with the STR licence, and all Municipal, Provincial or Federal Laws.
4.6
No person shall operate or permit the operation of a STR on a property that is
located within a Non-Permitted Area designated in Schedule "A" of this By-law;
4.7
Every Owner, Licensee and Agent shall ensure that renters comply with all
conditions of the licence, Renter Code of Conduct attached as Schedule "D" to this
By-law, all municipal by-laws, Provincial and Federal Laws.
4.8
No person shall rent or permit the renting of any guest room in any structure on the
property of an STR other than those that have been identified on the site plan and
approved in the licence.
4.9
No person shall allow or permit a travel trailer to be used as accommodation or for
sleeping accommodation at a licenced STR premises.
4.10
No person shall knowingly provide false information on an application for a STR
licence.
4.11
No person shall give, sell, transfer or otherwise supply a STR license to any other
person.
4.12
No person shall post or allow the posting of a STR license on a property that is not
listed on the licence.
4.13
No person shall modify or alter or permit the modification or alteration of a STR
licence.
4.14
No person shall remove an order or placard posted on a premises under this by-law
except an officer.
SECTION 5 - ADMINISTRATION AND GENERAL PROVISIONS
5.1.
The Licence Issuer shall be responsible for the administration of this By-law.
5.2.
Officers shall be responsible for the enforcement of this By-law.
5.3.
The maximum number of guests at a premises at any one time shall not exceed 2
guests per bedroom based on septic capacity and the Ontario Fire Code. Persons
under the age of two (2) shall not be counted in occupancy.
5.4.
The Owner shall maintain a minimum of two million dollars of commercial general
liability insurance per occurrence on the premises for property damage and bodily
injury, which shall be specific to the operation of the STR accommodation. The
required insurance shall be maintained in force and effect for the term of the licence.
5.5.
Every Owner, Licensee and Agent of a STR shall ensure that the following
information will be posted on the interior of each STR premises, within a maximum
of 1m from the main entrance, clearly visible to guests and shall also be made
available of inspection:
a) a copy of the current licence;
b) address of the STR premises;
c) name and contact information of STR premises Designated Responsible
Person and other applicable emergency services;
d) Emergency Services Statement, only applicable if the type of access to the
STR premises is not a year-round maintained public road or is water access
only. If this is applicable, the following statement must be posted "Due to this
short-term rental premises not being accessible by a year-round maintained
public road, emergency response times may be delayed to this location in the
event of an emergency."
Short-Term Rental Licensing By-law
5
5.6.
Every Owner, Licensee and Agent of a STR shall ensure that an information package
will be available to renters containing the following information:
a) a copy of the Renter Code of Conduct as attached to this By-law;
b) a copy of the approved site plan including parking provisions and waste
disposal;
c) a copy of the approved floor plans of the STR showing emergency exits and
locations of fire extinguishers; and
d) quick reference guide for applicable by-laws as prepared by the Municipality.
5.7.
Every person who posts a short-term rental listing on a short-term rental platform
shall include the licence number as set out on the licence issued under this By-law.
Parking
5.8.
Every Owner, Licensee and Agent of a short-term rental shall provide parking on the
site in accordance with the parking requirements for the applicable zone and
permitted use within the Zoning Bylaw and the licence, whichever is more.
5.9.
Every Owner, Licensee and Agent of a short-term rental shall ensure that parking is
only permitted where the parking surface is suitable and stable for the parking of
vehicles.
5.10. No person shall park in any area on the property which is not identified for or
suitable for parking.
5.11. Owners of water access only properties must provide proof of access to suitable
parking at a launch site to accommodate the parking provisions of this By-law.
Water
5.12. Every Owner, Licensee and Agent shall ensure, unless the STR is serviced by a
Municipal Water System, that all water systems within the Premises comply with the
public water requirements as set out in provincial law.
Septic/ Sewage
5.13. Every Owner, Licensee and Agent shall ensure, unless the STR is serviced by a
Municipal Septage System, that the septic system is approved by Public Health
Sudbury and District.
5.14. Every Owner, Licensee and Agent shall ensure that if an outhouse is being used on a
premises, that it is installed as per the Ontario Building Code and is in good working
order.
Recycling and Garbage
5.15. Every Owner of a STR shall ensure that the Renters are provided with information
on the Municipality's Waste Management Program. Licensees and Renters must
adhere to applicable municipal waste management by-laws, as amended.
5.16. Every person shall store garbage and recycling in an enclosed area at all times other
than during collection, at which time waste must be contained in appropriate
containers for collection.
5.17. Every Owner, Licensee and Agent shall ensure that any garbage produced at the
STR is removed from the property on at least a weekly basis.
Designated Responsible Person (DRP)
5.18. Every Owner, Licensee and Agent of a STR is required to provide to the
Municipality the name and contact information of a DRP who can be readily
contacted and respond to an emergency or contravention of any Municipal,
Provincial or Federal Laws.
5.19. Any change to the DRP must be provided to the Municipality in writing within forty-
eight (48) hours of the change.
Short-Term Rental Licensing By-law
6
5.20. Every DRP must respond to the Municipality or Renters when contacted within
thirty (30) minutes of an initial contact and must attend the property within sixty (60)
minutes of the initial contact by the Municipality or by the Renters if so required.
5.21. The DRP must be designated by the Owner in writing as part of the application
process.
5.22. The DRP must provide proof that they are at least eighteen (18) years of age and
must complete the Dedicated Responsible Person Consent and Acknowledgment.
SECTION 6 - LICENCE APPLICATION REQUIREMENTS AND FEES
6.1.
One licence shall be allowed for each property.
6.2.
The number of active STR licenses in the Municipality at any one time shall be
limited to 20. Additional completed applications may be put on a waiting list for
when licences become available.
6.3.
Every application for a new licence, or a renewal of an existing licence, shall include:
a) a completed application in the form prescribed by the Licence Issuer (attached as
reference to this By-law as Schedule "B")
b) the following documents, including measurements where necessary:
i. site plan of the STR property showing and naming all buildings on the
property, location of the septic system and well if applicable, showing
designated parking spaces and showing the location of garbage and
recycling receptacles;
ii. interior floor plan of the STR property noting fire escape routes, fire
extinguisher locations, smoke alarm locations, CO detector locations,
and the location of approved sleeping spaces;
iii. a completed Dedicated Responsible Person Consent and
Acknowledgement Form on a form approved by the Municipality;
iv. sufficient information to confirm that all Guest Rooms conform to the
standards for a bedroom, as set forth in the Ontario Building Code.
c) A certificate of insurance demonstrating compliance with the insurance
requirements set out in Section 5.4 of this By-law, including but not limited to the
fact that the premises is insured as short-term rental;
d) proof that the applicant is the owner of the property that the STR is operating on,
or is granted permission in writing to apply on the owners behalf;
e) proof that the applicant is at least 18 years of age (in the form of government
identification), if the applicant is an individual;
f) name and contact information of the owner, agent or DRP who can be readily
contacted and respond to an emergency or contravention of any Municipal By-
law;
g) proof that the applicant, if a corporation, is legally entitled to conduct business in
the Province of Ontario, including but not limited to articles of incorporation or
other incorporating documents, duly certified by the proper government official
or department of the Province of Ontario or Government of Canada.
h) in the case of an applicant being a partnership, the names and addresses of each
member of the partnership as well as the name under which the partnership
intends to carry on business.
i) for any short-term rental on a septic system, the applicant will be required to
provide proof of septic system approval by Public Health Sudbury and District of
an installed septic system and its capacity that will support the short-term rental
premises.
Short-Term Rental Licensing By-law
7
j) payment of the applicable fee as set out in Schedule "G" of this by-law.80
6.4.
Every owner shall inform the Municipality in writing of any changes to the approved
information contained within the licence application or any deviation to the
approved plans within seven (7) days of such change or deviation.
6.5.
Every owner of a STR shall annually renew their license on or before the date
prescribed in Section 7.1 of this by-law.
Licence Issuer - Responsibilities
6.6.
Upon receipt of an application for a licence the Licence Issuer shall receive and
review the application and any accompanying documents for completeness. Where
the application is incomplete, the Licence Issuer shall advise the Applicant of the
deficiencies and no further work shall be done until the application is deemed
complete.
6.7.
Upon receipt of a completed application for a new licence and before a licence
application is approved, the application shall be circulated to all applicable agencies
and municipal departments for comment.
6.8.
Upon receipt of a completed application the Licence Issuer will contact the applicant
to schedule an inspection of the premises and shall ensure the relevant Officers have
carried out the necessary inspections to satisfy the Municipality that the premises
complies with provisions of this By-law and any other applicable municipal by-laws
and or Provincial acts including but not limited to, the Property Standards By-Law,
the Clean Yard By-Law and the Zoning By-Law and the Building Code Act, Fire
Protection and Prevention Act and the Fire Code Act.
6.9.
Upon receipt of a completed application for a renewal of a licence, along with all
required documentation and required fee the Licence Issuer may contact the
applicant to schedule an inspection and may ensure the relevant Officers have carried
out the inspections to satisfy the Municipality that the premises complies with
provisions of this By-law.
6.10. During the application circulation and the inspection process for the purpose of
determining licence eligibility, the applicant shall address/ rectify all concerns or
comments received by agencies or municipal departments before a licence may be
issued.
6.11. The determination of whether a licence application is complete in accordance with
this By-law shall be in the sole discretion of the Licence Issuer.
6.12. Upon determination by the Licence Issuer that information requirements and all
regulatory and by-law requirements of the Municipality are met, a licence shall be
issued.
6.13. In addition to any terms and conditions of a licence imposed by this By-law, the
Licence Issuer may impose additional terms and conditions as are necessary in their
discretion.
6.14. Every licence shall be in a form prescribed by the Municipality.
6.15. Issued licences, along with the legal description, civic address and associated owner,
agent and responsible person contact information shall be considered public
information and shall be posted on the Municipality's website, at the sole discretion
of the Municipality.
6.16. In the event of a rejection or cancellation of a license application by either the
applicant or license issuer:
a. If no physical inspection of the property has taken place up to an 80% refund of
the application fee may be issued.
b. If a physical inspection of the property has taken place no refund of the
application fee will be issued.
Short-Term Rental Licensing By-law
8
SECTION 7 - LICENCE VALIDITY, EXPIRY, SUSPENSION & REVOCATION
7.1.
A licence that has been issued under the provisions of this by-law shall expire on the
earliest of the following:
a) January 30th of the year following the date of the issuance of the licence;
b) On the date of sale or transfer of the property or premises; or
c) On the date of revocation of the by-law by the Municipality.
7.2.
If a licence were to expire while under suspension, the suspension period shall not be
factored in to or extend the expiry period.
7.3.
If a licence were to expire while it is revoked, but the licence is reinstated through an
appeal process, the expiry date of the original application shall continue to be the
expiry date of the licence.
7.4.
A demerit point system is hereby established for short-term rental licences and
demerit points shall be administered in accordance with Schedule "F".
7.5.
If a licence is under suspension and it is set to expire during that suspension, the
applicant has the option to apply for a renewal of their licence as per the provisions
of this bylaw while suspended. If a renewal is granted, the suspension will stay in
effect until the time has been served. The expiry date of the renewed licence will not
change.
7.6.
If a revoked licence is in appeal, then the licence is considered suspended and can
follow the provisions of 7.5.
7.7.
The Licence Issuer may suspend a licence, as per Schedule "F" of this By-law, or
where in relation to a STR:
a) the owner is indebted to the Municipality in respect of fines, penalties,
judgements, or any other amounts owing, including awarding of legal costs,
disbursements, outstanding property taxes and late payment charges, against an
owner's property;
b) a building permit is opened on the property and will remain suspended until such
a time as the building permit is closed; or
c) an order is issued to the property under the Building Code Act or the Fire
Protection and Prevention Act.
7.8.
The Licence Issuer may refuse to issue or renew a licence or revoke a licence, as per
Schedule "F" of this By-law, or where in relation to a STR:
a) there are any information or documents submitted for the application that is
deemed to be false, incorrect, incomplete, or misleading;
b) the owner is indebted to the Municipality in respect of fines, penalties,
judgements, or any other amounts owing, including awarding of legal costs,
disbursements, outstanding property taxes and late payment charges, against an
owner's property;
c) an order is issued to the property under the Building Code Act or the Fire
Protection and Prevention Act;
d) the septic system requirements are not met; or
e) the proposed use of the premises is not permitted by the Zoning By-law.
7.9.
Where the Licensee's policy of liability insurance expires, is cancelled, or is
otherwise terminated, 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.
7.10. In the event of a license suspension or revocation, no refund or other form of
recompense will be issued.
7.11. Every Owner or Agent that is issued an STR licence under the provisions of this by-
law or who are renewing their current license shall sign a Licensee Code of Conduct
and Acknowledgement.
7.12. The Owner of the STR shall keep a registry of renters including contact information
to be made available for review upon request by the Municipality.
Short-Term Rental Licensing By-law
9
SECTION 8 - APPEALS
8.1.
Where the Licence Issuer has denied an Applicant a Licence, a renewal of a Licence,
or has suspended or revoked a Licence, the Licence Issuer 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 Council
through a letter of appeal to the Clerk within ten (10) days of the decision.
8.2.
The appeal under Section 8.1 of this By-law shall contain the following information:
(a) reasons for the appeal; and
(b) Order Appeal Fee as provided in Schedule "G" of this bylaw.
8.3.
Where no request for an appeal is received in accordance with Section 8.1 of this By-
law, the decision of the Licence Issuer shall be final and binding.
8.4.
Where a request for an appeal is received, in accordance with section 8.1 of this By-
law, the request may be added to the agenda of the next available Council meeting,
for the purpose of holding a hearing of the appeal, and the applicant or licensee shall
be provided reasonable written notice thereof.
8.5.
The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 shall apply
to all hearings conducted by Council under this By-law.
8.6.
If the owner/agent fails to appear at the appointed time for their appeal hearing, the
licensee will be charged a "Failure to Appear" fee in accordance with the User Fees
By-law.
8.7.
After such opportunity to be heard is afforded to the person, Council shall make a
decision. When making its decision; Council may consider any matter pertaining to
this By-law, or other matter that relates to the general welfare, health or safety of the
public. When making its decision, Council may refuse to issue or renew a licence,
revoke, suspend, or impose any condition to a licence.
8.8.
Council's decision is final and binding and shall not be subject to review.
SECTION 9 - ENTRY AND INSPECTIONS
9.1.
It is the responsibility of the Owner to ensure that all inspections, permits and
permissions as they relate to the STR application have been undertaken to ensure
that the property and premises are suitable to be used as a STR.
9.2.
In addition to scheduled inspections conducted during the licence application
process, every Officer may at any reasonable time enter on land for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
a) the provisions of this By-law;
b) a direction or order of the Municipality made under this By-law;
c) a condition of a licence passed under this By-law; and
d) a court order made pursuant to section 431 of the Municipal Act, 2001.
9.3.
Owners of water access only properties must arrange for transportation or be subject
to additional fees for required inspections to and from the STR property for officers
at their own cost.
9.4.
A person exercising a power of entry on behalf of a municipality under this By-law
shall not enter or remain in any room or place actually being used as a dwelling
unless:
a) the consent of the occupier is obtained, the occupier first having been informed
that the right of entry may be refused and, if refused, may only be made under the
authority of an order issued under section 438 of the Municipal Act, 2001, or a
warrant issued under section 439 of the Municipal Act, 2001;
b) an order issued under section 438 of the Municipal Act, 2001 is obtained;
c) a warrant issued under section 439 of the Municipal Act, 2001 is obtained; or
Short-Term Rental Licensing By-law
10
d) the delay necessary to obtain an order or warrant under section 438 or 439 of the
Municipal Act, 2001, or to obtain the consent of the occupier would result in an
immediate danger to the health or safety of any person.
9.5.
The Municipality's power of entry may be exercised by an Officer, or agent for the
Municipality and this person may be accompanied by any person under their
direction, including law enforcement services.
9.6.
During any inspection carried out under this By-law, an Officer may be accompanied
by other Municipality of Killarney employees, agents or authorities as deemed
necessary.
SECTION 10 - PENALTY AND ENFORCEMENT
10.1. Every person who contravenes any provision of this By-Law is guilty of an offence
and upon conviction shall be liable to a fine prescribed and recoverable under the
provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, for
each offence committed.
10.2. Upon registering a conviction for a contravention of any provision of this By-Law,
the Provincial Offences Court may, in addition to any other remedy and to any
penalty imposed by this By-Law, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
10.3. The Administrative Monetary Penalty System By-law applies to any contravention
of any provision of this Bylaw.
10.4. No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an Officer, an employee and/or agent of the
Municipality in the lawful exercise of a power or duty under this By-Law.
10.5. Each person who contravenes any provision of this By-law shall, upon issuance of a
penalty notice in accordance with the Administrative Monetary Penalty System By-
law, be liable to pay to the Municipality an administrative monetary penalty.
10.6. Upon registering a conviction for a contravention of any provision of this By-Law,
the Provincial Offences Court may, in addition to any other remedy and to any
penalty imposed by this By-Law, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
10.7. If the Officer is satisfied that a contravention of this by-law has occurred, the Officer
may make an order requiring the person who contravened this by-law to discontinue
the contravening activity.
10.8. Any person who contravenes an order under this By-law is guilty of an offence.
10.9. The Officer may make an order, sent by registered mail to the last known address of
the owner of the land, requiring the owner or occupant within the time specified in
the order to comply with the requirements of the order.
10.10. The Municipality shall recover all costs and expenses associated with actions taken
and work done under this By-law in a manner provided by statute, whether by action
or by adding the cost to the tax roll and collecting the cost in the same manner as the
taxes.
SECTION 11 - SEVERABILITY
11.1. Should a court of competent jurisdiction declare a part or whole of any provision of
this By-Law to be invalid or of no force and effect, the provision or part is deemed
severable from this By-Law, and it is the intention of Council that the remainder
survive and be applied and enforced in accordance with its terms to the extent
possible under law.
Short-Term Rental Licensing By-law
11
SECTION 12 - SCHEDULES
12.1
Schedules "A", "B" "C" "D" "E" "F" and "G" shall be deemed to form part of this
by-law.
SECTION 13 - AUHORITY
13.1
This By-law shall come into force and effect on the day of its passing.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND FINALLY
PASSED IN OPEN COUNCIL THIS 10th DAY OF APRIL, 2024.
ORIGINAL DOCUMENT SIGNED
____________________________________
Michael Reider, Mayor
ORIGINAL DOCUMENT SIGNED
____________________________________
Candy Beauvais, Clerk-Treasurer
Short-Term Rental Licensing By-law
12
MUNICIPALITY OF KILLARNEY
SCHEDULE "A" TO BY-LAW 2024-12
Short-Term Rental Licensing By-law
NON-PERMITTED AREAS
NIL
Short-Term Rental Licensing By-law
13
MUNICIPALITY OF KILLARNEY
SCHEDULE "B" TO BY-LAW 2024-12
Short-Term Rental Licensing By-law
SHORT TERM RENTAL LICENCE APPLICATION FORM
Application Type: New Renewal
SECTION A: PROPERTY, OWNERSHIP & APPLICANT INFORMATION
Rental Property Information
Address:
Unit:
Town:
Property Roll Number: 5136-_______-000-__________-0000
Property Zoning:
R1 R2 RR WR R CC
Type of Dwelling:
Single Detached
Semi Detached
Townhouse
Duplex
Triplex
Secondary Dwelling
Accessory (example: Sleep cabin)
Number of existing bedrooms:
1 2 3 4 5 Other:____________
(maximum number of guests per STR shall not exceed two (2) guests per bedroom. Children under two (2)
shall not count in occupancy.)
Residency of Property:
Hosted Un-hosted
(means whether the owner lives full-time on-site or not, while it is being used as STR)
Where will you list your Short Term Rental? (check all that apply)
Airbnb
VRBO
Facebook
Kijiji
Booking.com
Cottages in Canada Other______________________
Property Owner/Applicant Information
(if there is more than one owner, please provide a list of all owners)
Property Owner Name:
Business Name (if applicable):
Corporate Number (if applicable):
Mailing Address:
Town:
Province:
Postal Code:
Telephone:
Email:
Agent/Applicant's Information (if applicable)
(Owner Authorization Form must be completed if applicant is not the owner of
the property)
same as property owner
Authorized Agent Name:
Unit:
Town:
Province:
Postal Code:
Telephone:
Email:
Dedicated Responsible Person Contact Information
Person who will be contacted by the Municipality or renters at any time and respond to any issue, emergency, or
contravention of any Municipal By-laws within 30 minutes of initial contact and who can attend at the
property/premises not later than 60 minutes after the initial contact.
same as Property Owner same as Applicant/Agent
(Dedicated Responsible Person Consent and Acknowledgement Form must be completed if the Applicant/Agent is not
the Owner)
Responsible Person Name:
Mailing Address:
Town:
Province:
Postal Code:
Telephone:
Email:
Short-Term Rental Licensing By-law
14
DECLARATION OF THE APPLICANT
By signing below, the applicant (or the applicant through the authorized agent) certifies that:
1. The information contained in this application and other attached documentation is
true and accurate to the best of the applicant's knowledge. The applicant further
agrees that any false information may result in refusal to issue, suspension,
revocation or placement of conditions on any licence.
2. I understand it is my responsibility to ensure that this property is at all times in
compliance with all applicable law, including but not limited to the Building Code
Act, 1992, the Fire Protection and Prevention Act, 1997, the Electricity Act, 1998,
and any regulations made under them.
3. If the Owner is a corporation or partnership, or the Application was submitted by an
authorized agent, I have the authority to bind the Owner. (Owner Authorization
Form provided)
4. The applicant acknowledges that the application may contain "personal
information" as defined under the Municipal Freedom of Information and Protection
of Privacy Act. This information is required pursuant to the provisions of the
Municipal Act. It will be used by the Municipality of Killarney to process this
application, for administration of this licence and to ensure compliance with all
applicable statutes, regulations and by-laws. Questions about the collection of
personal information should be directed to the Municipal Clerk.
5. The applicant is subject to the terms, conditions and regulations set out in By Law
Number 2024-12 "A By-Law to License and Regulate Short-term Rentals in the
Municipality of Killarney".
Dated this ______________ day of _____________________, 20____.
Name of Applicant: ___________________________________
Signature of Applicant:_________________________________
SIGN
Short-Term Rental Licensing By-law
15
SECTION B: APPLICATION CHECKLIST
The following documentation must be submitted with your complete application:
Proof of Ownership (examples: property tax bill, MPAC assessment, proof of title)
Owner Authorization Form (if the applicant is not the owner)
- Authorization for the applicant to apply on the owner's behalf
Valid Government Identification (examples: driver's license, passport, Ontario photo
identification card)
- Proof that the applicant is at least 18 years of age
Corporate Ownership (if the owner is a corporation), please provide one of the
following:
-
-
-
Certificate of Status or Corporate Profile Report (Provincial Corporation).
Certificate of Compliance or Corporate Profile Report (Federal Corporation)
Copy of Articles of Incorporation
List of all property owners (if more than one)
Floor Plans - must include the following: (sample provided in application package)
- interior floor plan of each floor, including basements, with measurements showing
and naming all approved sleeping spaces, rooms, hallways, common spaces,
entrances/exits, windows, smoke/CO alarms, fire extinguishers
Site Plan - must include the following: (sample provided in application package)
- drawing with measurements showing and naming all buildings on the property
including distances to property lines, location of the septic system and well if
applicable, driveways, address, location of garbage/recycling storage, location and
size of parking spaces, shoreline frontage and location of docks and or boathouses
if applicable
Designated Responsible Person Consent & Acknowledgement Form (if applicable)
- Proof that the DRP is at least 18 years of age (Valid Government Identification)
Certificate of Insurance
- Demonstrating compliance with Section 5.4 of the STR By-law
Licensee Code of Conduct & Acknowledgement (signed by Applicant)
Proof of Septic System Approval (if applicable, does not apply to those on municipal
services)
- Demonstrating compliance with Section 6.3 i) of the STR By-law
Application Fee (as per the Short Term Rental By-law)
- Annual Licence Fee of $1,400
(includes fees for application review process including staff time)
Short-Term Rental Licensing By-law
16
Short-Term Rental Licensing By-law
Application Package
SAMPLE FLOOR PLAN
Floor Plans must include:
-
-
-
-
accurate measurements and labeling of ALL approved sleeping spaces, rooms, hallways,
common spaces
location of entrances/exits, windows
location of Smoke/CO detectors, fire extinguishers
noting fire escape routes
Occupancy limits
The maximum number of guests at a premises at any one time shall not exceed 2 guests per
bedroom shown on floor plans and based on septic capacity.
Note: Floor plans are required for every storey of the premises including basements
Short-Term Rental Licensing By-law
17
Short-Term Rental Licensing By-law
Application Package
SAMPLE SITE PLAN
Site Plan must include:
-
-
-
-
-
-
-
-
address of property
property boundaries
indication of North
location, size and use of all buildings on the property, indicating the distance of the
buildings from the front, rear and side lot lines
location of the septic system and well (if applicable)
driveways, location and size of parking spaces
shoreline frontage and location of docks (if applicable)
location of garbage/recycling storage
Short-Term Rental Licensing By-law
18
MUNICIPALITY OF MUNICIPALITY OF KILLARNEY
SCHEDULE "C" TO BY-LAW 2024-12
Short-Term Rental Licensing By-law
LICENSEE CODE OF CONDUCT & ACKNOWLEDGMENT
Rental Address:
______________________________________________________________________________
Name of Licensees:
___________________________________________________________________________
1. The Premises identified above shall be operated and maintained in accordance with the
Short-Term Rental (STR) Licensing By-law, and all applicable acts, regulations and other
municipal by-laws.
2. All Licensees are responsible for compliance with all other Municipality of Killarney by-
laws (including, but not limited to, the following: Property Standards, Clean Yard, Noise
By-law, Waste Management By-law, Open Air Burning By-law, Parking By-law, etc.).
3. The Licensee will be held responsible for contraventions of any municipal by-law, act or
regulation by people found using the Premises, and may be subject to demerit points, fines
or other enforcement measures.
4. I understand it is a requirement to post on the interior of the premises, within a maximum
of 1m from the main entrance, clearly visible to guests and made available of inspection,
the following information:
-
-
-
a copy of the Licence, address of the premises; and
name and contact information of the Designated Responsible Person and other
applicable emergency services.
emergency service statement if the premise is not accessible by a year-round road or
water access
5. I understand it is a requirement to provide the following information to renters:
-
-
-
-
a copy of the Renters Code of Conduct;
a copy of the approved site plan including parking provisions and waste disposal;
a copy of the approved floor plans of the STR showing emergency exits and locations
of fire extinguishers; and
quick reference guide for applicable by-laws as prepared by the Municipality.
6. I understand that the submission of false or misleading information to the Municipality
may void an application, cause the current Licence to be revoked or cause a Licensee to be
subject to further enforcement measures.
7. I understand that entry and inspection by any Officer or their designate and any
accompanied authorities or agent of the Municipality may occur as outlined in the By-law
and for the purposes of:
a) carrying out any inspection;
b) determining compliance with any by-law;
c) verifying complaints received under a by-law;
d) verifying compliance with an order issued or Licence; or
e) requiring a matter or thing be done.
8. I acknowledge that the property address, names and contact information of the associated
owner, and/or authorized agent and/or dedicated responsible person will be posted on the
Municipality's website. Best practice is to also inform neighbours of the contact person to
reach in the event of an issue or concern.
9. The Licensees are responsible for informing the Municipality, in writing of any changes to
the approved information contained within the licence application or any deviation to the
approved site and/or floor plans within 7 days of such a change or deviation.
Short-Term Rental Licensing By-law
19
10. The Licensee is responsible for renewing a Licence by forwarding any required application
and supporting documents as per the By-law prior to the expiry date of the Licence.
I, ______________________________________having read the above, and the terms of the
Short-Term Rental Licensing By-law, I realize that a violation of the Short-Term Rental
Licensing By-law may result in the suspension or revocation of the Short-Term Rental
Licence for the Premises.
Signature of Licensee:______________________________ Date: _______________________
Signature of Licensee: ______________________________ Date: _______________________
Signature of Licensee: ______________________________ Date: _______________________
Signature of Licensee: ______________________________ Date: _______________________
SIGN
SIGN
SIGN
SIGN
Short-Term Rental Licensing By-law
20
MUNICIPALITY OF KILLARNEY
SCHEDULE "D" TO BY-LAW 2024-12
Short-Term Rental Licensing By-law
RENTER'S CODE OF CONDUCT
Purpose of the Code
The Purpose of this code is to inform renters that Short Term Rentals are located in a
residential neighbourhood and that all residents have the right to enjoy their properties
without being imposed upon by others. It is also meant to inform renters of relevant
information for an enjoyable and safe stay.
Objective of the 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; and the Renter acknowledges for themselves and on the behalf
of others that they will be occupying a short term rental accommodation in an area where
others reside on a full-time basis.
In providing the acceptable standards, owners and renters are provided with the tools to
ensure that they abide by the required standards and avoid penalties, fines and charges.
Guiding Principles
The Guiding Principles for short term accommodation renters are:
-
-
-
-
-
The premise you are occupying is a home;
Treat the premise as your own;
Respect your neighbours and your neighbourhood;
Leave the premises and property as you found it; and
Familiarise yourself with the Site Plan to be aware of the premises' property
boundaries.
Maximum Number of Renters and Guests
The maximum number of residents, renters, and guests (including those not staying
overnight) permitted at a Short-Term Rental Accommodation shall be limited to the
number posted on the STR licence.
Access and Parking
Property includes parking on a per bedroom basis. Please park all vehicles in the parking
spaces indicated in the provided Site Plan. More vehicles than parking spaces are not
permitted to park on the property. Parking on streets is limited or prohibited depending on
location.
Fire and Occupant Safety
Please practice common fire safety, do not leave fires unattended or burn during the day or
during a fire ban. Always have a means to extinguish the fire nearby. For more information
on safe fire pits or fire ban notices, visit the Municipal Fire & Emergency Services webpage.
All short term rentals must have working smoke detectors and carbon monoxide alarms. If
either of these are found to be inoperable, please contact the property owner or designated
responsible person to have the issue resolved.
Noise
Municipal By-law and local Police service can respond to noise complaints. Please be sure
that no persons make noise which causes a disturbance nor conduct themselves in a way
that is likely to disturb the area. Please reference the Municipality's Noise By-law for
further information.
Examples of noise that is likely to disturb area residents includes but is not limited to:
-
-
-
-
Loud Music
Outdoor speakers
Outdoor or backyard gatherings involving excessive noise
Late evening/early morning disturbances
Short-Term Rental Licensing By-law
21
-
-
-
Yelling, shouting, singing or conversing loudly
Revving of engines
Fireworks (only allowed on specific days/times)
Recycling and Garbage
Please dispose all garbage and recycling to designated area as shown on the provided Site
Plan. Ensure that garbage and recycling properly contained and not overflowing.
Pets
Any dogs that are brought along to visit at the Short-Term Rental are expected to be kept
under care and control and on the property at all times. Dog barking is to be kept to a
minimum.
Additional Responsibilities
As a guest of the municipality, it is your responsibility to familiarize yourself with all
municipal by-laws. All renters should expect that there is zero tolerance for non-compliance
and expect that any contraventions of Municipal By-Laws will result in fines laid.
Adherence to this Renter's Code of Conduct and the requirements in the Short Term Rental
Accommodation By-Law is expected and required, without exception.
If you would like to learn more about the Municipality's By-Laws please see the provided
quick reference guide of applicable by-laws, visit www.municipalityofkillarney.ca or contact
the Municipality at 705-287-2424.
Short-Term Rental Licensing By-law
22
MUNICIPALITY OF KILLARNEY
SCHEDULE "E" TO BY-LAW 2024-12
Short-Term Rental Licensing By-law
PART I Provincial Offences Act
ITEM
Column 1
SHORT FORM WORDING
Column 2
PROVISION
CREATING
OR
DEFINING
THE
OFFENCE
Column
3 SET
FINES
1
Operate a STR without a valid license
Section 4.1
$600.00
2
Fail to comply with an order made by Public
Health
Section 4.4
$400.00
3
Fail to ensure that renters comply with code of
conduct or legislation
Section 4.7
$400.00
4
Rent a guest room not identified as approved for an
STR license
Section 4.8
$400.00
5
Rent a trailer as a STR
Section 4.9
$400.00
6
Post a STR license on an unlicensed property
Section 4.12
$400.00
7
Alter a STR license
Section 4.13
$400.00
8
Remove a posted order
Section 4.14
$600.00
9
Fail to post required information
Section 5.5
$150.00
10
Fail to provide complete information package
Section 5.6
$100.00
11
Fail to include license number in advertisements
Section 5.7
$150.00
12
Fail to ensure proper parking
Section 5.9
$250.00
13
Park in an area not designated for parking
Section 5.10
$50.00
14
Fail to provide proof of suitable parking for water
access only STRs
Section 5.11
$250.00
15
Fail to appropriately store waste
Section 5.16
$150.00
16
Fail to remove waste in an appropriate timeline
Section 5.17
$150.00
17
Fail to Respond
Section 5.20
$300.00
18
Fail to update information
Section 6.4
$50.00
19
Fail to keep a registry of renters
Section 7.12
$100.00
NOTE: The penalty provision for the offences indicated above is Section 10.1 of By-law
2024-12, a certified copy of which has been filed.
Short-Term Rental Licensing By-law
23
MUNICIPALITY OF KILLARNEY
SCHEDULE "F" TO BY-LAW 2024-12
Short-Term Rental Licensing By-law
DEMERIT POINT SYSTEM
1. A demerit point system is established as follows herein together with Table 1 attached to
this Schedule. This demerit point system does not preclude the use of options otherwise
available to enforce this By-law or any other by-law of the Municipality or Provincial
Act or Regulation including, but not limited to, Administrative Monetary Penalties as
set out in this By-law and actions pursuant to the Building Code Act, Fire Protection and
Prevention Act and the Provincial Offences Act.
2. Demerit points may only be issued for offences relating to a STR.
3. The number of demerit points referenced in Column 3 of Table 1 below will be assessed
against a Short-Term Rental in respect of the matter noted in Column 1 upon the
following event respecting a contravention:
i. the expiry of the period for appealing a fine imposed pursuant to Part I or Part III of
the Provincial Offences Act;
ii. the expiry of the period for appealing against a conviction in the Ontario Court of
Justice;
iii. the confirmation of an Administrative Monetary Penalty;
iv. the confirmation of an order; or,
v. the confirmation of an order resulting in Municipal remediation.
4. A Licence may be Suspended for a period of not longer than six months if the total of all
demerit points in effect respecting a STR is at least seven (7).
5. A Licence may be Revoked if the total of all demerit points in effect respecting a STR is
at least fifteen (15).
6. Notice of the suspension or revocation of a Licence shall be provided in writing to the
Owner sent by registered mail.
7. Demerit points shall remain in place until the two-year anniversary of the date on which
the demerit points were assessed.
Short-Term Rental Licensing By-law
24
TABLE 1
Column 1
Column 2
Column 3
Column 4
Infraction
Reference
Demerit Points
(P.O.N., AMPS,
Part III)
Demerit Points
(Confirmed
Order)
Fire Protection & Prevention Act/ Fire
Code
FPPA or Open
Burning By-law
3
7
Building Code Act (construction w/o a
permit)
BCA
3
7
Contrary to Responsible Animal
Ownership By-Law
Responsible Animal
Ownership By-Law
2
5
Contrary to Property Standards or
Clean Yard
Property Standards
or Clean Yard By-
law
2
5
Noise By-law infraction
Noise By-law
2
5
Contrary to Waste Management By-
Law
Waste Management
By-Law
2
5
Operating without a licence
STR By-law
3
7
Number of guests on Premises contrary
to licence
STR By-law
3
5
Non-availability of Designated
Responsible Person
STR By-law
3
5
Not providing updated information
STR By-law
1
5
Contrary to Site Plan - Parking
STR By-law
1
5
Not posting licence
STR By-law
1
5
Rent property not on license
STR By-law
5
7
Alter a license
STR By-law
5
7
Remove a posted order
STR By-law
5
7
Rent for longer than 30 days
STR By-law
3
5
Fail to post the required information
STR By-law
2
5
Fail to provide an information package
STR By-law
2
5
Obstruct an Officer
Power of Entry
By-law
7
15
Short-Term Rental Licensing By-law
25
MUNICIPALITY OF KILLARNEY
SCHEDULE "G" TO BY-LAW 2024-12
Short-Term Rental Licensing By-law
FEES
Application fee - $1400
Re-inspection fee - $400
Order Appeal Fee - $50